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HomeMy WebLinkAboutA4195 - CVAG DHA INTERSTATE 10 MO 6570 PETUFUTO: CITY CLERK CITY OF PALM SPRINGS BOX 2743 PALM SPRINGS,CA 92263 AMENDMENT NUMBER THREE to the COUNTY OF RIVERSIDE — CITY OF PALM SPRINGS — CITY OF DESERT HOT SPRINGS — CVAG REIMBURSEMENT AGREEMENT forthe PALM DRIVE/ GENE AUTRY TRAIL INTERSTATE 10 INTERCHANGE PROJECT THIS AMENDMENT NUMBER THREE is made and entered into this j0 day of WcEWha , 2010, by and between the County of Riverside ("Lead Agency"), the City of Palm Springs ("Palm Springs"), the City of Desert Hot Springs ("City"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made in reference to the following: Whereas, Lead Agency, City, CVAG and the City of Palm Springs entered into a reimbursement agreement to advance funds for the Project on June 5, 2000 and entered into subsequent amendments to this reimbursement agreement on November 9, 2004 and June 8, 2009 (collectively, and as further amended herein, the "Project Reimbursement Agreement"); and Whereas, the Project Reimbursement Agreement specifies how CVAG shall advance Project costs, subject to the obligations of the City, Palms Springs and Lead Agency to reimburse their assigned percentages thereof to CVAG as specified in the Jurisdictional Reimbursement Schedule; and Whereas, the total cost for the Project is now estimated at $25,931,000; and Whereas, City has obtained funds ("Demonstration Funds")for the Project, in the amount of$1,979,780 through the 2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the parties do agree as follows: 1. The total amount obligated and authorized for expenditure for the Project shall be $25,931,000. 2. The Jurisdictional Reimbursement Schedule attached to Exhibit "C" of the Project Reimbursement Agreement has been completed and is hereby incorporated by this reference and is attached hereto. 3. Upon application of the entirety of the Demonstration Funds to the Project, City's entire share of Project costs as set out in the Jurisdictional Reimbursement Schedule shall be deemed satisfied. 4. The sum of$465,395 shall be applied to Lead Agency's percentage share of Project costs as set out in the Jurisdictional Reimbursement Schedule. As the total Project costs are now estimated, applying $465,395 to Lead Agency's percentage share of the Project is expected to fully satisfy its percentage share. The parties hereto have caused this Amendment Number Three to be executed by their duly authorized representatives on the above-referenced date. ATTEST: AGENCY: COUNTY OF RIVERSIDE By: By: Clerk of the Board Chairman, Board of Supervisors CITY OF PALM SPRINGS APPROVED BY CITY COUNCIL By• B . ..�2,�� - CITY OF DESERT HOT SPRINGS By: By: City Manager Mayor CVAG e By: By: Z .� -A ?_V c ive Direc or CVAG Chair ,AVPROVED AS TO FORM A f pity/ Att i ey Date D �� 4. The sum of $465,395 shall be applied to Lead Agency's percentage share of Project costs as set out in the Jurisdictional Reimbursement Schedule. As the total Project costs are now estimated, applying $465,395 to Lead Agency's percentage share of the Project is expected to fully satisfy its percentage share. The parties hereto have caused this Amendment Number Three to be executed by their duly authorized representatives on the above-referenced date. ATTEST: AGENCY: COUNTY OF RIVERSIDE Ajk�vm By: 1WW14 ' l Jerk- of t6g Board J Chairman, Board of Supervisors KECIA HARPER-IHP-M 'eV01 LEN CITY OF PALM SPRINGS By: By: City Manager Mayor CITY OF DESERT HOT I GS By: -- By , ity Mana er By CVAG By: By: Executive Director CVAG Chair FOR r P� � C4L✓ l,(. O SEA �o) BY 1 L. A -BAZAN DAT SEP 2 8 2W �, JURISDICTIONAL REIMBURSEMENT SCHEDULE "PALM DRIVEIGENE AUTRY TRAIL INTERSTATE 10 INTERCHANGE DESIGN ENGINEERING AND ENVIRONMENTAL" The Jurisdictions' Fixed Costs of the 25% Local Share of Project Costs for the Palm Drive/ Gene Autry Trail Interstate 10 Interchange Project as established by Amendment Number Three to the Reimbursement Agreement dated June 5, 2000, are set as follows; City of Desert Hot Springs $ 0.00 County of Riverside $465,395.00 The Proportionate Share of the 25% Local Share of Qualified Project Costs, as well as 1'00% of Unqualified Project Costs, for the Palm Drive/Gene Autry Trail Interstate 10 Interchange Project for the jurisdictions of Palm Springs and Cathedral City shall remain as determined by action of the CVAG Executive Committee at their meeting of September 29, 2003, as follows; City of Palm Springs 37.59% City of Cathedral City 10.88% 4 17,N TO: CITY OF ,".,I..h✓ .Pri iVuS PALM SpRiN6S,GA 92263 AMENDMENT NUMBER TWO to the COUNTY OF RIVERSIDE - CITY OF PALM SPRINGS - CITY OF DESERT HOT SPRINGS - CVAG REIMBURSEMENT AGREEMENT for the PALM DRIVE/GENE AUTRY TRAIL INTERSTATE 10 INTERCHANGE PROJECT DESIGN ENGINEERING, ENVIRONMENTAL DOCUMENT AND CONSTRUCTION THIS AMENDMENT NUMBER TWO is made and entered into this day of , 20_, by and between the County of Riverside ("Lead Agency"), the City of Palm Springs ("Agency"), the City of Desert Hot Springs ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances: This Amendment Number Two obligates and authorizes work not previously authorized under the terms of the existing reimbursement agreement, executed June 5, 2000. All other provisions in the existing reimbursement agreement shall remain in force. The CVAG Executive Committee, on April 27, 2009, approved this Amendment Number Two to provide for new and revised requirements mandated by Caltrans and FHWA that were required for the completion of the PA/ ED and PS&E, increased Right of Way Acquisition costs, and anticipated increases in construction and construction management costs. This Amendment Number Two authorizes the additional amount of $14,490,240 CVAG regional funds for the Palm Drive/Gene Autry Trail Interstate 10 Interchange project. The revised Scope of Services,estimate of Cost, and updated Project Schedule are attached hereto as Exhibits "A", "B", and "C", which are incorporated herein by this reference. Summary: Previously Obligated and Authorized for Expenditure (Original Agreement) $ 1,524,000 Previously Obligated Under Amendment Number One $ 16,652,767 New Obligations under this Amendment Number Two $ 14,490,240 Total amount obligated and authorized for expenditure $32,667s007 The parties hereto have caused this Amendment Number Two to be executed by their duly authorized representatives on this date: ATTEST: AGENCY: COUNTY OF RIVERSIDE By: By: Clerk of the Board of Supervisors Chairman of the Board of Supervisors CITY OF PALM SPRINGS y: By: / 1py g� ((�� City Manager J: f` City Pex< CITY OF DESERT HOT SPRI S 7—rx—�d Date By: _.. - By: City Rjanager or CVAG By: 6\ By: To Kir , CVAG Chair Exe"edive Director APPROVED BY CITY COUNCIL RETURN TO: CITY OF PALM SPRINGS Ylrk� . .....,.+arw„ 1:3OX2743 PALP.1 SPRINGS,GA 92263 I The parties hereto have caused this Amendment Number Two to be executed by their duly authorized representatives on this date: let ATTEST: AGENCY: a > COUNTY OF RIVERSIDE Q By. nEmBy: o � I rk*th"oard LofSL pervisor rtpf the oard of Supervisors CO KECIA HARPER-IHEM JEFF ESTONE CITY OF PALM SPRINGS By: By: City Clerk City Manager CITY OF DESERT HOT SPRINGS By: By: City Manager Mayor CVA By: By., Larry Parrish, CVAG Chair Interim Executive Director JUN 16 ZOOS EXHIBIT A SCOPE OF SERVICES AMENDMENT NUMBER TWO COUNTY OF RIVERSIDE - CITY OF PALM SPRINGS - CITY OF DESERT HOT SPRINGS - CVAG REIMBURSEMENT AGREEMENT PALM DRIVE/GENE AUTRY TRAIL INTERSTATE 10 INTERCHANGE PROJECT DESIGN ENGINEERING, ENVIRONMENTAL AND CONSTRUCTION Provide all technical and professional services including labor, material,equipment,transportation, supervision, administration, review and expertise to provide for new and revised requirements mandated by Caltrans and FHWA that were required for the completion of the PA/ED and PS&E, increased Right of Way Acquisition costs, and anticipated increases in construction and construction management costs to process an Environmental Document, Project Report, Right-of- way engineering documents, Plans, Specifications, & Estimates and Construction of the project. Environmental: Environmental services shall include the following: Preparation of technical studies, reports and all other documents necessary to obtain environmental clearance for this project. Processing of all environmental documents for approval. The Environmental Document will meet the requirement of CEQA and NEPA. Project Report: Preparation of a Project Report in accordance with the current Caltrans Guidelines as described in the Caltrans Project Development Procedures Manual. Right-of-Way Engineering documents: Prepare all documents including plats, maps and legal descriptions to acquire necessary real property for the project. Plans. Specifications and Estimates: Prepare Plans, Specifications and Estimates for the project in accordance with relevant Caltrans, County and City standards. Process Plans, Specifications and Estimates for approval by the appropriate agencies. Construction: Construction of a six lane interchange EXHIBIT B ESTIMATE OF COST AMENDMENT NUMBER TWO COUNTY OF RIVERSIDE - CITY OF PALM SPRINGS -CITY OF DESERT HOT SPRINGS - CVAG REIMBURSEMENT AGREEMENT PALM DRIVE/GENE AUTRY TRAIL INTERSTATE 10 INTERCHANGE PROJECT DESIGN ENGINEERING, ENVIRONMENTAL DOCUMENT AND CONSTRUCTION (ESTIMATED COST BY RIVERSIDE COUNTY) Preliminary Survey $ 259,207 Environmental Document $ 296,092 Design $ 2,097,965 Right-of-Way $ 1,831,915 Utilities $ 2,112,067 Construction $27,919,000 Construction Management $ 3,791,374 Construction Survey $ 501,100 Total Cost $38,808,720 EXHIBIT "C" PROJECT SCHEDULE AMENDMENT NUMBER TWO COUNTY OF RIVERSIDE - CITY OF PALM SPRINGS - CITY OF DESERT HOT SPRINGS - CVAG REIMBURSEMENT AGREEMENT PALM DRIVE/GENE AUTRY TRAIL INTERSTATE 10 INTERCHANGE PROJECT DESIGN ENGINEERING, ENVIRONMENTAL DOCUMENT AND CONSTRUCTION (ESTIMATED SCHEDULE BY THE DESIGN CONSULTANT) Complete Design/PS&E May, 2005 Right of Way Certification April, 2009 Begin Construction November, 2009 Complete Construction November, 2011 CVAG & Desert Hot Springs Palm/Gene Autry Interstate 10 Reimbursement Agreement w�.i C7 PALm sp,Lmu AGRCEN= #4195 Contract No, 9 0�5--L l CCU,Eell . M06570, 2-�2-00 __ rr�� l7Qhuq IMMIZQ..c ,,MEM, RkIc:sidIse 00. coj,sporielion COUNTY OF RIVERSIDE - CITY OF PALM SPRINGS - CITY OF DESERT HOT SPRINGS - CVAG REIMBURSEMENT AGREEMENT "PALM DRIVE/GENE AUTRY TRAIL INTERSTATE 10 INTERCHANGE DESIGN ENGINEERING AND ENVIRONMENTAL" THIS AGREEMENT is made and entered into this 5T1H day of June, 2p60 , by and between the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), County of Riverside("Lead Agency"), the City of Palm Springs ("Agency"), and the City of Desert Trot Springs ("Agency"), and is made with reference to the following background facts and circumstances: RECITALS Whereas,the "Coachella Valley Area Transportation Study",a valley-wide study prepared under the auspices of CVAG, has identified various transportation and highway projects throughout the Coachella Valley to be projects of regional importance; and Whereas, approval of a highway financing measure ("Measure `A"') by the voters of Riverside County in November of 1988 has created a source of funds with which to construct such projects; and Whereas, CVAG by agreement with its member agencies and with the Riverside County Transportation Commission("RCTC"),has been designated as the agency through which such funds are to be conveyed and disbursed for the purpose of completing said regional transportation projects; and Whereas, historically CVAG has administered funds by advancing, or reimbursing after expenditure, some portion of the cost associated with qualifying projects. There now exists a compelling need to fund and construct various eligible projects notwithstanding that some or all of CVAG's member jurisdictions do not now have adequate funding in place. Whereas, CVAG also expects to receive monies pursuant to the State Transportation Improvement Program which may be used to fund twenty-five percent of eligible project cost(the "STIP-Quarter"). Whereas, on December 7, 1998, the CVAG Executive Committee adopted a policy to fund the named Measure"A"projects as follows; 50%from CVAG TUMF/Measure"A"resources,25%from CVAG controlled STIP or STP resources, and the remaining 25% continue to be provided by the affected jurisdiction. Whereas, Palm Drive/Gene Autry Trail interstate 10 Interchange is identified as a named Measure "A" project and is qualified to receive 50% from CVAG TUMF/Measure"A" resources, 25% from CVAG controlled STIP or STP resources. CVAG-County of Rivemde/Pulm Orivc/Gene Autry 1-10 Design Engineering&Environmental October 1998 Pagc 1 Whereas, should the 25% STIP or STP funds become available fox this project, then the Lead Agency and the Agency will be responsible for following the SB-45 requirements and the Caltrans Procedures Manual that describes the processes, procedures, documents, authorizations, approvals and certifications which are required in order to receive Federal-aid and/or State funds (25% STIP or STP funds) for this project. CVAG shall reconcile the feuding sources in the future, when the STIP or STP funds become available. Whereas, CVAG is willing to advance some or all of the entire cost of certain eligible projects with the understanding and agreement,embodied herein,that twenty-five percent of the total project cost shall thereafter be reimbursed to CVAG(the"Jurisdictions-Quarter"). Each agency's respective portion of the Jurisdictions-Quarter shall be determined as set out below and paid to CVAG on or before the date hereinafter specified by CVAG. Whereas,this agreement shall provide for such an advance from CVAG for the Project generally described as and consisting of the following: "Palm Drive/Gene Autry Trail Interstate 10 Interchange,,. These services will hereinafter be referred to as the "Project". This Project will provide the Design Engineering,Right-of-Way and Environmental for Palm Drive/Gene Autry Trail Interstate 10 Interchange. Whereas,Lead Agency and Agency desire to proceed with the Project "Design Engineering and Environmental for Palm Drive/Gene Autry Trail Interstate 10 Interchange". The estimated cost of the Project is$1,524,000. Lead Agency and Agency desire to receive advances from CVAG of all or a portion of its Jurisdiction Quarter relating to the Project. CVAG is, under the circumstances provided herein, willing to advance some or all of the Jurisdiction Quarter of Lead Agency with reference to the Project. Whereas, it is the intent of Lead Agency, Agency and CVAG that this agreement will be amended, for the bid process,Right-of-Way acquisition and construction phases, to include a scope of work, cost estimate and if necessary, schedule modifications, for each respective phase. Whereas, Lead Agency, Agency agree to submit only those costs which are eligible under CVAG's policies as outlined in the, "Cost Determination/Expense Eligibility" of CVAG's Policies and Procedures Manual. AGRFFMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the parties do agree as follows: 1. The program embodied in this Agreement for the reimbursement of funds by CVAG shall apply only to those Regional Arterial Projects that have heretofore been identified in CVAG's 1994 updated list of Regional Arterial Projects. The Project is one of those identified projects and is therefore eligible. CVAG-County of Rlvcrside/Palm Drive/Gene Autry 1-10 Design Engineering&Environmental October 1998 Pure 2 2. The Project is generally described as and consists of the following: "Design Enginee' And Environmental for Palm Drive/Gene Autry Trail Interstate 10 interehang_e". These services will hereinafter be referred to as the "Project". 3. The scope of work of the Project is more particularly described in Exhibit "A", entitled "Scope of Services" - "Palm_Drive/Gene Autry Trail Interstate 10 Interchange ,Design Engineering d Environmental" attached hereto and made a part hereof The cost estimate for the Project is more particularly described in Exhibit"B" - "Estimate of Cost", attached hereto and made a part hereof. The cost estimates include a calculation intended to allow Lead Agency to recover an amount representing the time of its employed staff in working on the Project as well as amount Lead Agency shall pay to outside contractors in connection with the Project. The amount of the agency's respective portion of the Jurisdictions-Quarter,the STIP-Quarter, and the remaining portion to be paid by CVAG (the "CVAG-Half') shall be calculated by reference to the cost estimates as shown on Exhibit "B" unless amended pursuant to the provisions of Paragraph 5. Exhibit "C" is the "Project Schedule". 4. It is the agreement between CVAG, Lead Agency and Agency that the total cost of the Project shall not exceed $1,524,000. Lead Agency and Agency shall reimburse CVAG the Jurisdictional share of eligible costs in accordance with the attached Jurisdictional Reimbursement Schedule(percentages will be determined prior to construction). Each of the involved agencies shall have a funding policy acceptable to CVAG in place prior to CVAG's obligation of construction funds for this Project. 4.1 It is intended that,in order to expedite this Project,CVAG will advance funds for this Project, up to the amounts approved by CVAG's Executive Committee. If the Project is not completed within a reasonable time, as approved by CVAG's Executive Committee, or if all work on the Project has stopped or is not proceeding in a diligent manner,Lead Agency and Agency agree to repay CVAG their respective jurisdictional shares, up to the amount advanced by CVAG. 4.2 Funds advanced by CVAG for this Project shall be used to pay all services related to the Design and Environmental of the Project- 4-3 Payments to Lead Agency shall be made upon presentation to CVAG of statements from Lead Agency, certifying by Project its costs, and enclosing therewith copies of contractor's invoices, evidence of payment, and such other information and records as may be required by CVAG to verify costs, provided however, that such payments shall be made to Lead Agency no more frequently than monthly. 4.4 Eligible costs are defined as those outlined in Section IV, "Cost Deter-mination/Expeuse Eligibility" of CVAG's Policies and Procedures Manual (Attachment 1). 5. The parties agree that should unforeseen circumstances arise which result in new work not covered in Exhibit "A" or an increase of any costs over those shown in Exhibit "B", CVAG will in good faith consider an amendment to this agreement to include any such costs under this agreement so as to provide thereby for further reimbursement to be made on account thereof The Scope of Work shall be subject to changes, for the purpose of CVAG payment, by additions, CVAG-County ofRiverside/Palm Drive/Gene Autry 1-10 Design Engineenng&Environmental October 1998 Page 3 deletions, or revisions by agreement between Lead Agency,Agency and CVAG if such changes are in accordance with the policies, procedures, and cost determination/expense eligibility criteria adopted by CVAG. This contract may be amended or modified only by mutual written agreement of the parties. No alteration or variation of the terms of this contract will be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein, will be binding on any of the parties hereto- G. Lead Agency agrees to keep all Project contracts and records for a period of not less than three years from the date a notice of completion is filed by the Lead Agency on such Project, or if the Project is not one as to which a notice of completion would normally be recorded, for three years from the date of completion. Lead Agency further agrees that all such files and records will be made available to CVAG upon its reasonable request. 7. It is the intent of the Lead Agency and CVAG that the Project be represented as being funded by Measure "A"/TUMF funds. All project public notices, news releases, and documents should indicate the Project is being cooperatively developed by the Lead Agency, ROTC, and CVAG using Measure "A"/TUMF funds. 8. This agreement is for funding purposes only and nothing herein shall be construed so as to constitute CVAG as a party to the construction or ownership of the Project or to make it as a partner or joint venturer with Lead Agency as to the Project. 9. The County of Riverside shall assume the defense of, indemnify and hold harmless CVAG,the City of Palm Springs, the City of Desert Hot Springs and their respective officers and employees,and each and every one of them,from and against all actions,damages,claims, losses and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, the actions or inactions of the County of Riverside taken in the performance of the Agreement or any agreement entered into by County of riverside with reference to this Project. 9.1 The City of Palm Springs shall assume the defense of, indemnify and hold harmless CVAG,the County of Riverside,the City of Desert Trot Springs and their respective officers and employees,and each and every one of them,from and against all actions,damages, claims, losses and expenses of every type and description to which they may be subjected or put,by reason of,or resulting from,the actions or inactions of the City of Palm Springs taken in the performance of the Agreement or any agreement entered into by City of Palm Springs with reference to this Project. 9.2 The City of Desert Hot Springs shall assume the defense of,indemnify and hold harmless CVAG,the County of Riverside, City of Palm Springs and their respective officers and employees,and each and every one of them,from and against all actions,damages,claims, losses and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, the actions or inactions of the City of Desert Hot Springs taken in the performance of the Agreement or any agreement entered into by City of Palm Springs with reference to this Project. CVAG-County orP1vcrsidc/Pa1m Drive/Gene Autry 1-10 Dcsign Engineering&F,nvironmental October 1999 Page 4 9.2 CVAG shall assume the defense of, indemnify and hold harmless the County of Riverside,the City of Palm Springs and their respective officers,employees,and agents,and each of them,from and against all actions, damages, claims,losses,and expenses of every type and descriptions to which they may be subjected or put, by reason of, or resulting from, the actions of CVAG taken in the performance of the Agreement or any agreement entered into by CVAG with reference to this Project. 10. Lead Agency agrees to include in its contract specifications and bid documents a requirement that all prime contractors shall name CVAG,Lead Agency,Agency as "additional insureds" on all liability insurance coverage required by Lead Agency on each contract. Lead Agency will provide a copy of the Insurance Certificate to CVAG, showing CVAG, Agency, as "additional insureds" , within 30 days of signing a contract with the prime contractor. 11. Any dispute concerning a question of fact arising under this contract that is not disposed of by agreement shall first be decided by the CVAG Executive Director or designee, who may consider written or verbal evidence submitted by Lead Agency. This decision shall be issued in writing. However, no action in accordance with this Section shall in any way limit either party's rights and remedies through actions in a Court of Law with appropriate jurisdiction. Neither the pendency of dispute nor its consideration by CVAG will excuse Lead Agency from full and timely performance in accordance with the terms of this contract. 12. Any Agency receiving federal funds must have an approved Disadvantaged Business Fn_t_erprise program_ All recipients of Federal Highway Administration(F HWA) funds must carry out the provisions of Part 23,title 49 of the Code of Federal Regulations (CFR) which established the Federal Department of Transportation's policy supporting the fullest possible participation of fines owned and controlled by minorities and women in the Department of Transportation programs_ 13. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing(such as Federal Express or UPS)), sent by telecopier or telefacsimile ("FAX")machine capable of confirming transmission and receipt, or sent by certified or registered mail,return receipt requested,postage prepaid to the following parties at the following addresses or numbers: If to Lead Agency: County of Riverside 4080 Lemon Street, 8th Floor Riverside, California 92501 Attn: Transportation Director Telephone: (909) 955-6740 FAX No.: (909) 955-6721 CVAG-County of Rrvcrsidc/Palm Drive/Gene Autry I.10 Design Engineering&Environmental October 1998 Pagc 5 If to Agency: City of Palm Springs P.O. Box 2743 Palm Springs, CA 92263-2743 Attn: City Manager Telephone: (760) 323-8299 FAX No.: (760) 323-8207 If to Agency: City of Desert Hot Springs 65950 Pierson Boulevard Desert Hot Springs, CA 92240 Attn: City Manager Telephone: (760) 329-6411 FAX No.: (760) 251-3523 If to CVAG: CVAG 73-710 Fred Waring Drive Palm Desert, CA 92260 Attn: Associate Director/Transportation Telephone: (760) 346-1127 FAX No.: (760) 340-5949 Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (1) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier service); (ii)the date of actual receipt(if personally delivered by other means); (iii) date of transmission(if sent by telecopier or facsimile machine), or; (iv)the date o C delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph. 14. This agreement and the exhibits herein contain the entire agreement between the parties, and is intended by the parties to completely state the agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto, not expressly set forth in this agreement, is null and void. 15. If any term, provision, condition, or covenant of this agreement, or the application thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this agreement shall be valid and enforceable to the fullest extent permitted by law. CVAG-County ofRiverside/Palm Drive/Gone Autry 1-10 Design Engineering&Environmental October 1998 Page 6 16. In the event either party hereto brings an action or proceeding for a declaration of the rights of the parties, for injunctive relief, for an alleged breach or default, or any other actions arising out of this agreement, or the transactions contemplated hereby,the prevailing party in any such action shall be entitled to an award of actual attorneys' fees and costs incurred in such action or proceeding,without regard to any rule of court or schedule of such fees maintained by the court, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment. 17. This agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument. IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed by their duly authorized representatives on this date: ATTEST: _ �- �9�� AGENCY: " 0" - COUNTY OF R1VER,SIDF` �dj,0 a Gem . Malon, - gzy=p jet . Roy Wilson � ` Clerk of tf"ie-Boar of Supervisors Chairman of the Board of Supervisors CITY OF PALM SPRINGS By� — By. - City Clerk ((( .. , Will Kleindienst, Mayor CITY OF DESE HOT S RINGS C i By: By: � 4aer — �eJ:;&5r-, L-Tnterim Matt Weyu r, yor City Manager Rob W. Parkins CVAG Q FORM APPROVED By. By: COUNTY COUNSEL Patricia A- Larson, Roy son, Chai Executive Director 5�y� ,J 03 99 Ap �ovrc D BYhilt Cliff C©�P.�19 CVAG-County of Rivcrside/Palm Drive/Genc AEry 1.10 Design Engineering&Env on t October 1998 Page 7 EXHIBIT A SCOPE OF SERVICES "PALM DRIVE/GENE AUTRY TRAIL INTERSTATE 10 INTERCHANGE DESIGN ENGINEERING AND ENVIRONMENTAL" Provide all technical and professional services including labor, material, equipment,transportation, supervision, administration, review and expertise to prepare and process an Environmental Document, Project Report, Might-of-way engineering documents and Plans, Specifications, & Estimates for the project- Environmental- Environmental services shall include the following: Preparation of technical studies, reports and all other documents necessary to obtain environmental clearance for this project. Processing of all environmental documents for approval. The Environmental Document will meet the requirement of CEQA and NEPA. Project Report: Preparation of a Project Report in accordance with the current Caltrans Guidelines as described in the Caltrans Project Development Procedures Manual, Right-of-Way cn 'neerin document Prepare all documents including plats,maps and legal descriptions to acquire necessary real property for the project. fans S ecifieati ns and Estimates-, Prepare Plans, Specifications and Estimates for the project in accordance with relevant Caltrans, County and City standards- Process Plans, Specifications and Estimates for approval by the appropriate agencies. CVAG-County of Riverside/Palm Drivc/Gene Auuy i-10 Design Engineering&Environmenral Ouiobcr 1998 Page 8 EXHIBIT B ESTIMATE OF COST "PALM DRIVE/GENE AUTRY TRAIL INTERSTATE 10 INTERCHANGE DESIGN ENGINEERING AND ENVIRONMENTAL" (FROM ESTIMATE PROVIDED BY THE COUNTY OF RIVERSIDE) Total - LL &4 000 CVAG-County ofRiverside/Palm Drivc/Gene Autry 1-10 Design Engineering&F,nvironmcntal October 1998 Page 9 EXHIBIT 'tC'r PROTECT SCHEDULE "PALM DRIVE/GENE AUTRY TRAIL INTERSTATE 10 INTERCHANGE DESIGN ENGINEERING AND ENVIRONMENTAL" (ESTIMATED SCHEDULE BY T14E COUNTY Or RIVERSIDE) Environmental Project Report May 1999 - November 2000 Right of Way and Design November 2000 - November 2001 CVAG-Courny ofRivcrsidc/Palm Drive/Gene Autry I.10 Design Englnccring&Environmental October 1998 Page 10 JURISDICTIONAL REIMBURSEMENT SCHEDULE "PALM DRIVE/GENE AUTRY TRAIT, INTERSTATE 10 INTERCHANGE DESIGN ENGINEERING AND ENVIRONMENTAL" (AGENCY SILALL HAVE A FUNDING POLICY ACCEPTABLE TO CVAG IN PLACE PRIOR TO CONSTRUCTION) (JURISDICTIONS' SHARE TO BE DETERMINED PRIOR TO CONSTRUCTION) CVAG-County of Rivers'iddPalm Drive/Gene Autry 1.10 Design Engineering&Environmental Octobcr 1998 Pago I 1 ATTACHMENT I COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS REGIONAL ARTERIAL PROGRAM PROJECT COST DETERMINATION AND EXPENSE ELIGIBILITY CVAG-County ofRiversidc/Palm Drive/Gene Autry 1.10 Design Engineering&Environmental Octobcr 1998 Page 12 PROJECT COST DETERMINATION AND EXPENSE ELIGIBILITY TABLE OF CONTENTS SECTION DESCRIPTION 1.0 INTRODUCTION 2.0 COST ESTIMATE DEFINITIONS 3.0 PROJECT IDENTIFICATION 4.0 RIGHT-OF-WAY ACQUISITION 5.0 PROJECT LIMITS 6.0 PROJECT FUNDING SOURCES 7.0 PROJECT SCOPE OF WORK 8.0 PROJECT DESIGN (CIVIL.) 9.0 PROJECT DESIGN (LANDSCAPING) 10.0 PROJECT CONSTRUCTION FUNDING 11.0 PROJECT CONSTRUCTION SURVEY 12.0 PROJECT CONSTRUCTION MANAGEMENT 13.0 PROJECT OVERSIGHT- AGENCY TIME 14.0 PROTECT CONTINGENCY FUNDS 15.0 REFERENCE DOCUMENTS Page 13 1—D INTRODUCTION This section of the procedures manual outlines the process which shall be followed in determining project costs and project expense eligibility which has been approved to be constructed as part of the Coachella Valley Regional Transportation Program. This section was developed by the Coachella Valley Association of Governments (CVAG) Trauspoxtation Technical Advisory Sub-Committee (TTAS). The primary purpose of this section is to provide a guideline for agencies to make application for a project for both Measure A and Transportation Uniform Mitigation Fee (TUMF) funding- The project development process starts with an agency-initiated study after a highway improvement need has been identified. The estimates for projects identified as part of the Regional Transportation Plan are addressed in the Regional Arterial Cost Estimate(RACE),dated March, 1993 and shall be updated biannually as part of the TUMF review process- The next update is scheduled for Fall, 1995. 2-0 COST ESTIMATE DEFINTTTONS • Construction An updated cost estimate for the costs to build the improvement per the approved plans and specifications. • Engineering Engineering costs will usually be estimated on the basis of a percentage of the estimated construction costs. • Right-of-Way Expenditures for right-of-way are to be prepared with an accuracy comparable to standards in the industry. Overhead charges need not be included- • Scheduling Indicate status of project, giving a tentative schedule for engineering, right-of-way acquisition and construction. Discuss project phasing, if planned- 3-0 PRO.TECTIDENTIFICATION Any project which is to be submitted for review and funding shall meet or provide all of the following: • The proposed project shall appear on the approved April 1994 Transportation Project Prioritization Study updated list of projects. • The project shall be clearly identified showing, as a minimum, the limits of the project, scope of work, anticipated start and completion dates, estimated project cost and funding sources. • A general statement of the project. Why it is needed, etc. • A preliminary design estimate for all design services. • A preliminary construction cost estimate,to be updated once design is completed. • A preliminary construction management and Agency project management cost estimate. Page 14 4-9 RTGHT-OFWY,CQUISITION AND OTHER ASSOCIATED COSTS All right-of-way acquisition and other associated costs, including appraisals and any other costs allowed by state and federal law, are eligible for regional funding. The agency will further submit a detailed list of costs associated with the right-of-way acquisition to CVAG for review and comment. CVAG will assess each cost and determine its eligibility for regional funding. All protests shall be sent to the Transportation Technical Advisory Sub- Committee for further review. All protests must be in writing and the grounds for protest clearly identified. Where the likelihood of extensive right-of-way acquisition exists or the need for extensive relocation of homes and businesses, or in the case of new roadway extensions or openings or other extenuating physically or economical restraints so warrant,preliminary engineering,alignment and traffic studies shall be eligible for reimbursement or funding fxom regional funds. Any excess property purchased to secure the necessary right-of-way will be deemed to belong to the Regional Arterial Program. Excess property will be disposed of in the best interests of the Regional Arterial Program, in order to recapture funds expended. Any recaptured funds will reduce the overall cost of the project. 5.0 PROJECT LTMTTS The lead agency submitting a proposed project for review and funding shall clearly identify the project limits. The limits of the project shall be defined as the beginning and the end of the construction. If more than one beginning and/or ending is necessary, clearly indicate that on the statement of the project limits. A vicinity map shall be included with the project submittal package identifying where the project is located. 6.0 PROJECT FUNDTNG SOURCE Project funding will come from both regional Measure A revenues and TUMF collected by CVAG member agencies. Other sources of funding may include local funds from the agency proposing the project, local gas tax funds, ISTLA funds, redevelopment funds, etc. All funding sources should be considered by the agency prior to project submittal to CVAG for funding from the Regional system funds. CVAG will advance fund, for TUMF jurisdictions, a project up to 100%of the total approved, eligible, estimated project cost. Project contingency Rinds will not be funded. However, any additional costs incurred due to any change in scope of work may be submitted to CVAG for.funding eligibility, and will be processed through CVAG's committee structure for approval. Page 15 7-0 PROJECT SCOPE OF WORK A project scope of work narrative shall be submitted to CVAG with the submittal for expense eligibility and regional funding. The narrative shall include, but not be limited to, discussion of the following: • Right-of-Way Acquisition and Relocation • Project limits • Typical roadway improvement section • Vicinity map for project location identification • Anticipated starting date - Engineering, R O-W Acquisition and Construction • Anticipated completion date - Engineering, R-O-W Acquisition and Construction • Anticipated funding amount 8.0 PROTFCT DESIGN TVIL The project design is the sole responsibility of the agency and/or agencies which are proposing and constructing the project. However,the design and construction standards as outlined in the Regional Arterial Cost Estimate (RACE), 1993 Update, shall be a guideline to be used by the designer for project design and constriction standards. Any deviations should be identified, along with the rationale for such deviations. The total project design services shall not exceed in cost 10% of the estimated construction costs, or as determined by CVAG. 9.0 PROJECT DESIGN (LANDSCAPING) The following is a narrative of the landscape improvements which shall or shall not be eligible for regional funding: • All new landscaping, electrical and irrigation work shall NOT be eligible for regional funding. • Only new utility sleeves which are to be placed below the roadway surface for future use shall be eligible for regional funding. Additionally, any existing landscaping, electrical and irrigation which is directly affected by the project shall be eligible for funding providing it is replaced "in kind". 10.0 PROJF, . CONSTR J . ION F(JND G All regionally funded agency project construction will consist of furnishing all materials, equipment, labor,tools and incidentals as required to construct the improvements as required by the approved plans, specifications and contract documents. "Curb-to-curb" improvements are eligible for funding, with the exception of landscaping. (See section 9.0 for further detail on landscaping.) "Curb-to-curb" improvements include asphalt paving, striping, curb, etc. Sidewalks, bus-turnouts, bikelanes, etc. are not eligible for Regional Arterial funding. Page 16 Exception: One sidewalk and/or one bikelane will be eligible for Regional Arterial funding if it crosses a(n): 1. Regional Arterial Bridge 2. Interstate 10 Interchange 3. Interstate 86 Interchange All regionally funded agency projects will comply with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations. Any agency receiving federal finds must have an approved Disadvantaged Business Enterprise program. All recipients of Federal Highway Administration (FHWA) funds must carry out the provisions of Part 23, title 49 of the Code of Federal Regulations (CFR) which established the Federal Department of Transportation's policy supporting the fullest possible participation of firms owned and controlled by minorities and women in the Department of Transportation programs. All regionally funded project bids shall be prepared on the approved agency proposal forms in conformance with the instructions to bidders. All approved regional construction projects will be funded to 100% of the lesser of the following: • CVAG approved project construction cost estimate. • The lowest responsible bidder's award. 11.0 PROTECT CQN5TRMCITON SURVEY Construction survey is defined as all surveying and construction staking necessary for the construction of the project as determined by the engineer_ The cost of any additional surveying and/or construction staking primarily for the convenience of the contractor,not in conformance with usual and customary practices and for rep]acement of stakes lost as a result of the contractor's or agency's negligence, shall be the responsibility of the contractor and/or agency_ The agency shall be responsible for all resetting of Monumen1ation within public and/or private right-of-way that is destroyed by the construction operations unless it is itemized in the approved construction survey estimate. Page 17 12.0 PROTECT CONSMUCTIONMANAGEMENT Project construction management costs shall be eligible for regional funding only if it is to fluid one or more of the following: • Construction inspection • Materials testing • Project management • Construction Survey • Geotechnical studies and reports • Contract administration The activities set forth above shall be eligible for regional funding based upon actual costs provided the total sum does not exceed 15% of the approved estimated construction costs. 13.0 PROJECT OVERSIGHT - AGENCY TIME Project cost estimates should include an amount intended to allow Agency to recover an amount representing the costs incurred for the time of its employed staff in working on the project. These amounts shall be eligible for regional funding based upon actual costs provided the total sum does not exceed 5% of the approved estimated project costs. 14.0 PROJECT CONTINGENCY FUNDS Project contingency funds shall not be granted at the beginning of a project. If a change in scope or design creates a need for a change order which may require additional funds,the agency shall make application with CVAG for expense eligibility from regional funds. Actual cost incurred shall only be eligible for funding. 15.0 REFERENCF DOCiJMTNTS Transportation Project Prioritization Study,April 1994 Regional Arterial Cost Estimate, March 1993 Regional Arterial Financial Plan and Expenditure Program, November 1994 Coachella Valley Area Transportation Study, 1987 Coachella Valley Area Transportation Study, 1984 c:\wp\agree\advance\pa1mi 101.098\aa Page 18 CVAC? COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Blythe Cathedral City • Coachella • Desert Hot Springs • Indian Wells • Indio • La Dwnta • Palm Desert • Palm Springs • Rancho Mirage County of Riverside - Ague Cal:ente Band of Cahwlla Indians Cahazon Band of Mission Indians June 7, 2000 _ Trisha Sanders City ;\ �J City Clerk City of Palm Springs / 3200 E. Tahquitz Way J Palm Springs, CA. 92262 .Dear Ms. Sanders: Enclosed please find an executed original agreement of the County of Riverside, City of Palm Springs, City of Desert Hot Springs, and Coachella Valley Association of Governments (CVAG) for the "Palm Drive/Gene Autry Trail Interstate 10 Interchange Design Engineering and Environmental". A copy of this agreement has been sent to Dave Baralcian also. If you have any questions regarding these agreements, please call me at (760) 346-1127. Sincerely, COACHELLA VALLEY ASSOCIATION OF G VERNMENTS 2 e,�/ MARY M. GODFREY JJ Administrative Services Assistant cc: Anne Azzu, Dept. of Transportation 73-710 Fred Waring Drive,Suite 200 • Palm Desert,CA 92260 - (7601 346-1 1 27 FAX(760)340.5949