HomeMy WebLinkAboutA4155 - CVAG REIMBURSE TEA21 GRANT AIR QUALITY PM10 SMOG MO 6501 � Il�"i 'tB�Y CVAG
Reimbursement TEA21
AGREEMENT #4155
Dc�,a.,� � � REIMBURSEMENT UNDER CMAQ-TEA21 M06501, 10-6-99
MEMORANDUM OF UNDERSTANDING
BETWEEN
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
AND
THE CITY OF PALM SPRINGS
October 1, 1999
This Memorandum of Understanding (MOU) is made by and between the Coachella Valley
Association of Governments referred to as "CVAG", and the City of Palm Springs referred
to as "AGENCY".
The AGENCY is seeking reimbursement for expenses and costs arising from meeting the
particulate matter, less than ten microns in diameter (PM10) requirements as outlined in
the State Implementation Plan (SIP) and the Attainment Redesignation Request and
Maintenance Plan for the Coachella Valley. Services to be performed by the AGENCY are
set forth in Exhibit "A" attached hereto and incorporated herein by reference. California
Department of Transportation (Caltrans)will be partially funding this project through CVAG
using the Congestion Mitigation and Air Quality Improvement (CMAQ) Program under the
Transportation Equity Act for the 21' Century (TEA-21).
The purpose of the CMAQ program is to provide funds for transportation projects or'
programs that will contribute to attainment or maintenance of the National Ambient Air
Quality Standards (NAAQS)for ozone and carbon monoxide. TEA-21 also allows CMAQ
funding to be expended in PM10 non-attainment and maintenance areas.
CVAG's obligation will include submitting the AGENCY's reimbursable invoices to
Caltrans, as part of a monthly bill for the Regional CMAQ-TEA21 Program. A secondary
CVAG obligation is to keep track of each AGENCY's account for the various PM10 control
measure project categories (Clean Streets Management, Soil Stabilization, Paving, and
Windbreaks).
1) Roles and Responsibilities:
1.1) The AGENCY and CVAG responsibilities with respect to this MOU and the
successful completion of the program are described in Exhibit "B" attached
hereto and incorporated herein by reference.
1.2) Prior to final payment, the AGENCY shall submit an acceptable report of
completion to CVAG. Upon completion of all work specified in the contract,
ownership and title to all reports, documents, plans, specifications, and
estimates produced as part of the contract will automatically belong to AGENCY.
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VAR 9101M CMAQ-TEA11 AGENCY MOU
2) Funding Amount:
2.1) CVAG funding for this project is partially reimbursable through CMAQ-TEA21
by Caltrans, after all the necessary documents are in place. Under CMAQ
funding protocol these funds are limited to 88.53% of the total cost of the project.
AGENCY will be responsible for a 11.47% local match, as stated in Exhibit
"C" attached hereto and incorporated herein by reference. CVAG will be
reimbursed its allotment of CMAQ-TEA21 funds approved by the CVAG
Executive Committee. If this project is terminated or truncated, all payments and
interests must be returned to Caltrans' accounting department.
2.2) AGENCY agrees to submit only those costs which are eligible for reimbursement
under the policies governing expenditure of CMAQ funds. AGENCY will submit
invoices to CVAG after services are provided. CVAG will determine that invoice
charges are in reasonable agreement with the project tasks and are eligible for
reimbursement according to Caltrans criteria for CMAQ-TEA21 reimbursable
expenses. CVAG will then submit the invoices to Caltrans with a
recommendation for payment. Caltrans will make payments to CVAG, and
CVAG will in turn pay the AGENCY. In no event shall CVAG be obligated to pay
to AGENCY any sums in excess of the total amount reimbursed to CVAG by
Caltrans on any invoice so submitted.
2.3) AGENCY shall submit a progress report with each billing invoice submitted to
CVAG. CVAG shall submit billing invoices no more than once a month to
Caltrans. AGENCY shall start billing on the project only after "Authorization to
Proceed" from Caltrans.
3) Prevailing Wages:
The AGENCY and any other person or entity hired to perform services on the project
are subject to the requirements of California Labor Code Sections 1770 et seq., which
would require the payment of prevailing wages where the services or any portion
thereof are utilized for a public work, as defined therein. The AGENCY shall ensure
compliance with these prevailing wage requirements by any person or entity providing
services for the project. The AGENCY shall defend, indemnify, and hold harmless
CVAG and Caltrans, its officers, employees, consultants, and agents from any claim
or liability, including without limitation attorneys' fees, arising from any failure or
alleged failure to comply with California Labor Code Sections 1770 et sec.
4) Term/Notice of Completion:
The term of this funding MOU shall be from the date first herein above written until the
date the AGENCY provides a written Notice of Completion to CVAG.
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VAR P101199 CMAQ-TEA21 AGENCY MGU
r
5) Indemnification:
This MOU is for funding purposes only and nothing herein shall be construed so as
to constitute CVAG as a party to the ownership of the project or to make it as a partner
or joint venturer with AGENCY as to the project. AGENCY shall assume the defense
of, indemnify and hold harmless CVAG and Caltrans, its officers, employees, 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 or inactions of the AGENCY taken in the performance of
the MOU or any agreement entered into by AGENCY with reference to the project.
CVAG shall assume the defense of, indemnify and hold harmless the AGENCY, its
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 MOU.
6) General Insurance:
Throughout the term of this MOU, AGENCY shall maintain insurance, including
Workers' Compensation as required by law for its personnel, and a One Million Dollar
($1,000,000) comprehensive general liability policy. AGENCY shall include CVAG as
additional insured on this comprehensive general liability policy for covered liabilities
caused by AGENCY in its performance of services under this contract and shall
provide CVAG with a certificate evidencing such coverage. AGENCY agrees that the
bodily injury liability insurance herein provided for shall be in effect at all times during
the term of this contract. In the event said insurance coverage expires at any time or
times during the term of this contract, AGENCY agrees to provide at least fifteen (15)
days prior notice to said expiration date, and a new certificate of insurance evidencing
insurance coverage as provided herein for no less than the remainder of the term of
the contract, or for a period of not less than one (1) year. New certificates of
insurance are subject to the approval of the Coachella Valley Association of
Governments. In the event AGENCY fails to keep insurance coverage in effect at all
times herein provided, CVAG may terminate this contract in addition to any other
remedies it may have.
7) Conflict of Interest:
For the term of this MOU, no member, officer or employee of the AGENCY or CVAG,
during the term of his or her service with the AGENCY or CVAG, as the case may be,
shall have any direct interest in this MOU, or obtain any present or anticipated
material benefit arising therefrom.
8) Books and Records:
AGENCY and CVAG shall maintain complete, accurate, and clearly identifiable
records with respect to costs incurred for the project or under this MOU. AGENCY
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VAR 0101199 CMAG-TEA21 AGENCY Moll
shall make available for examination by the State, Federal Highway Administration
(FHWA), or their authorized agents, officers or employees any and all ledgers and
books of account, invoices, vouchers, canceled checks, and other records or
documents evidencing or related to expenditures and disbursements pursuant to this
MOU. Further, AGENCY and CVAG shall furnish to the other party, its agents or
employees such other evidence or information as they may require with respect to any
such expense or disbursement charged by them. All such information shall be
retained by the AGENCY for at least three (3) years following termination of this MOU,
and they shall have access to :such information during the three-year period for the
purposes of examination or audit.
9) Disadvantaged Business Enterprise:
9.1) "Policy. It is the policy of CVAG and the Department of Transportation that
Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 shall
have the maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds provided under this agreement.
Consequently, the DBE requirements of 49 CFR Part 26 apply to this
agreement."
9.2) "DBE Obligation. The recipient or its contractor agrees to ensure that
Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 have
the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds provided under this
agreement. In this regard, all recipients or contractors shall take all necessary
and reasonable steps in accordance with 49 CFR Part 26 to ensure that
disadvantaged business enterprises have the maximum opportunity to compete
for and perform contracts. Recipients and their contractors shall not
discriminate on the basis of race, color, national origin, or sex in the award and
performance of DOT-assisted contracts."
10) Conflicting Provisions:
In the event that provisions of any attached appendices or exhibits conflict in any way
with the provisions set forth in this MOU, the language, terms and conditions
contained in this MOU shall control the actions and obligations of the parties
[AGENCY and CVAG] and the interpretation of the parties' understanding concerning
the performance of services.
11) Contract Amendment:
In the event that the parties determine that the provisions of this MOU should be
altered, the parties may execute a contract amendment to add any provision to this
MOU, or delete or amend any provision of this MOU. All such contract amendments
must be in the form of a written instrument signed by the original signatories to this
MOU, or their successors or designees.
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VAR 9101199 CMAO-TEA21 AGENCY MO"
12) Attorneys' Fees:
If either party commences an action against the other party arising out of or in
connection with this MOU, the prevailing party in such litigation shall be entitled to
have and recover from the losing party reasonable attorneys' fees and costs of suit.
13) Compliance with Laws Rules and RegulationS7
All services performed pursuant to this MOU shall be performed in accordance and
full compliance with all applicable Federal, State or Local statutes, rules and
regulations.
14) Notification:
All notices hereunder and communications with respect to the MOU shall be effective
upon the mailing thereof by registered or certified mail, return receipt requested, and
postage prepaid to the persons named below:
If to CVAG:
Patricia A. Larson
Executive Director
Coachella Valley Association of Governments
73-710 Fred Waring Dr., Ste. 200
Palm Desert, CA 92260-2516
If to the CITY OF PALM SPRINGS:
David Barakian
City Engineer
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
If to CALTRANS:
Ray Meijer, Civil Transportation Engineer
Local Assistance Program, District 8
California Department of Transportation
464 West 0 Street, 6th Floor
San Bernardino, CA 92401-1400
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VAR 910159 CMAO-TEA21 AGENCY MOU
IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and
through their respective officers hereunto duly authorized on the date written below their
signatures.
COACHELLA VALLEY ASSOCIATION CITY OF PALM SPRINGS
OF GOVERNMENTS
t
By: ✓2yG�e,G--r )"::a . ��- - By:
PATRICIA A. LARSON R RKINS
CVAG Executive Director City Manager
4
Date: r�rd d ��� Date: / /7
APPROVED BYTHE CITY COUNCIL
ffy RF%-� I'qo. (9 50/ — /0 -G—�7
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Approved as to Legal Form: Approved as to Form:
By: _ By: _
ONIEGGEB TEN
Attorney at Law Attorney at Law
ATTEST:
City Jerk --
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VAR 9101199 CMAO-TEA21 AGENCY MOU
MOU
EXHIBIT "A"
DESCRIPTION OF SERVICES
CMAQ-TEA21 related services required to implement the State Implementation Plan (SIP)
and the Attainment Redesignation Request and Maintenance Plan for PM10 in the
Coachella Valley are:
1) AGENCY performs the preliminary engineering, construction engineering and
construction phases of all PM10 control measure projects as approved by the South
Coast Air Quality Management District (SCAQMD) in concert with Caltrans and the
FHWA. These projects must be on the Functional Classification System.
2) AGENCY provides the "Request for Authorization" package that contains the
information needed by Caltrans and FHWA to process the request, as stated in the
Local Assistance Procedures h1anual, Chapter 3, Project Authorization, Page 3-6.
"Authorization to Proceed" must be obtained prior to starting an item of work for which
AGENCY wishes to be federally reimbursed. Work prior to Authorization is ineligible
for reimbursement.
3) AGENCY provides evidence of adoption of a valid Disadvantaged Business
Enterprises (DBE) plan, as required annually.
4) AGENCY provides evidence of Quality Assurance Program (QAP).
5) AGENCY participates in field reviews of project sites with CVAG to determine the
validity of project preparation, including environmental aspects.
6) AGENCY provides all necessary documentation, including but not limited to:
• plans, specifications and estimates (PS&E)
• staff reports and/or council actions
• completed CEM 3101 form if materials testing will be requested
• right-of-way (ROW) and engineering certification
. contractor bid documents and bid comparison summaries
• contractor Disadvantaged Business Enterprises (DBE) documentation
and/or good-faith statements
• notice of award and notice to proceed documents
• construction contracts and contract change orders
• contract billing invoices and proof of payments
• project completion and acceptance reports
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VAR 9101199 CMAQ-TEG21 AGENCY MOO
MOU -EXHIBIT"A"
DESCRIPTION OF SERVICES -con't
7) AGENCY shall provide one (1) original, and one (1) copy of all necessary
documentation to CVAG, maintaining a second copy in AGENCY project files.
8) AGENCY shall conform to all State statutes, regulations and procedures relating to
the Federal-aid Program, all Title 26 Federal requirements, and all applicable Federal
laws, regulations, and policy and procedural or instructional memoranda. AGENCY
assures that all project documentation conforms to the various procedures required
by Caltrans to process Federal and State funded projects, as found in the three
volume set: Local Assistance Program Guidelines, Local Assistance Procedures
Manual, and the Local Assistance Environmental Manual. The use of the new
procedures and forms found in Caltrans Local Assistance Manuals are mandatory.
Caltrans required forms will be signed by the AGENCY's Manager (and Engineer
where required) certifying accordance with Caltrans procedures.
9) AGENCY is responsible for accurately billing for reimbursable work upon completion.
Amounts claimed must reflect the cost of completed engineering work and/or
payments to the contractor.
10) Invoices must be submitted on AGENCY letterhead. The original progress payment
invoice and the original final payment invoice must be certified and signed by the
appropriate responsible persons in the AGENCY.
11) One copy of backup information shall accompany each invoice submitted. For
construction contract progress payments, the backup is the AGENCY's progress
payment estimate to the contractor. For final invoices the Report of Expenditures
package is the backup.
12) Prior to final payment, AGENCY shall submit an acceptable report of completion to
CVAG signed by the AGENCY'S Manager (and Engineer where required), certifying
the project development and construction procedures are in compliance with the
applicable State and Federal laws and regulations (as stated above in item 8). Upon
completion of all work specified in the contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of the contract will
automatically belong to AGENCY.
13) AGENCY shall maintain written Source document records that identify AGENCY costs
and support payments made to consultants, vendor and contractors. AGENCY shall
make documentation available to CVAG and Caltrans with the final invoice for the
project, and documentation shall also be available for inspection by audit when and
as requested, for a period of at least three (3) years beyond the final accomplishment
of the project.
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VAR DIfl1I99 CMAO-TEA21 AGENCY MOU
MOU
EXHIBIT "B"
RESPONSIBILITIES OF PARTIES
CVAG RESPONSIBILITIES
1) CVAG serves as the transportation funding agency for the Coachella Valley subregion
and bears the responsibility of oversight and administration of the subregion's
proportionate share of CMAQ funds.
2) CVAG bears the responsibility of preparing required documentation for the Coachella
Valley subregion as a whole, for funding with CMAQ federal funds and making such
documentation audit-ready and audit-compliant according to federal guidelines.
3) CVAG will coordinate the submittal of necessary documentation to Caltrans for the
Regional CMAQ-TEA21 Program.
4) CVAG will receive invoices from AGENCY, and determine that invoice charges are in
reasonable agreement with the project tasks and are eligible for reimbursement
according to Caltrans criteria for CMAQ-TEA21 reimbursable expenses.
5) CVAG will submit invoices not more than once a month to Caltrans with a
recommendation for payment, as part of a monthly bill for the Regional CMAQ-TEA21
Program. Caltrans will make payments to CVAG, and CVAG will in turn pay the
AGENCY. Reimbursement by Caltrans of participating project costs are routinely
processed for payment within twenty-five (25) days from the date Caltrans Local
Programs Accounting receives the invoices.
6) Payment to AGENCY is made by CVAG generally within ten (10) days after the
payment from Caltrans has been received by CVAG, provided the invoice submitted
contains the required information and is accompanied by the required backup.
7) CVAG will keep track of AGENCY account for the various PM10 control measure
project categories.
8) CVAG staff will be reimbursed for the time designated to this project out of its
allotment of CMAQ-TEA21 federal funds approved by the CVAG Executive
Committee.
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MOU -EXHIBIT"B"
RESPONSIBILITIES OF PARTIES -con't
AGENCY RESPONSIBILITIES
1) Property Acquisition/Eminent Domain Proceedings.
All property shall be acquired in the name of the AGENCY. Eminent Domain
condemnation procedures, if necessary, shall be initiated by the AGENCY. Nothing
herein shall constitute an agreement to initiate any specific condemnation action, it
being understood any such action could only be taken after a noticed public hearing.
2) Contract Administration.
AGENCY shall be responsible for the professional quality, technical accuracy and the
coordination of any services provided to complete the project.
CHANGES IN RESPONSIBILITIES
The specific responsibilities of CVAG and AGENCY are subject to change. Any such
change must be acknowledged and approved in writing by CVAG and AGENCY. Such
written acknowledgment need not be in the form of an executed agreement and may
consist of more than one written document.
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VAR 9191199 CMAQ-TEA21 AGENCY MOU
MOU
EXHIBIT "C"
FUNDING POLICY
Under CMAQ-TEA21 FHWA funding, these funds are limited to 88.53% of the total cost.
The remaining local match of 11.47%will be paid by AGENCY. The total reimbursable
cost of the project cannot exceed amounts allocated by the CVAG Executive Committee
and actually received by CVAG from Caltrans. Any extra costs will be the AGENCY's
responsibility. CVAG will not be responsible, nor shall any further CMAQ funds be
allocated, for any additional costs incurred from the project. If the project is terminated or
truncated, all payments and interests will be returned to Caltrans accounting department.
"Authorization to Proceed" must be obtained prior to starting an item of work for which an
AGENCY wishes to be federally reimbursed. Costs incurred prior to authorization are
never eligible for CMAQ-TEA21 FHWA reimbursement.
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