HomeMy WebLinkAboutA3916 - CVAG REIMBURSEMENT RECONSTRUCTION INTERCHANGES I-10 MO 6109 Contract No. h���r,)L
Riverside Co. 'Y€abas y: orWfi aai
COUNTY OF RIVERSIDE -
CITY OF PALM SPRINGS, CITY OF DESERT HO CVAG - Reimbursement A r.
CITY OF CATHEDRAL CITY, CITY OF RANCH(
Proj RptS Reconstruction I of
CITY OF PALM DESERT - Interchanges - Indian, Palm &
CVAG REIMBURSEMENT AGREEMENT Date palm Dr. & Ramon On I10
AGREEMENT #3916
M 6109, 2-_18-98
"PREPARATION OF PROJECT STUDY REPORTS FOR THE
RECONSTRUCTION OF INTERCHANGES LOCATED AT INDIAN AVENUE,
PALM DRIVE, DATE PALM DRIVE AND RAMON ROAD ON INTERSTATE 10"
THIS AGREEMENT is made and entered into this day of
1999, by and between County of Riverside ("Lead
tf gency") , City of Palm Springs, City of Desert Hot Springs, City
of Cathedral City, City of Rancho Mirage, City of Palm Desert,
("Cities") , 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 :
RECITALS
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
Approval of a highway financing measure by the voters of Riverside
County in November of 1988 has created a source of funds with
which to construct such projects; and
CVAG and eight (8) of its member agencies (County of Riverside,
City of Desert Hot Springs, City of Palm Springs, City of
Cathedral City, City of Rancho Mirage, City of Palm Desert, City
of Indian Wells, and City of Indio) have adopted a Transportation
Uniform Mitigation Fee ("TUMF" ) , the proceeds from which are also
intended to fund the construction of such regional projects; the
two (2) non TUMF jurisdictions (City of La Quinta, and City of
Coachella) , in lieu of TUMF, contribute local Measure "A" and
collect development fees, the proceeds from which are also
intended to fund the construction of such regional projects; and
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
Page : 1
Under CVAG' s customary method of funding eligible projects with
member jurisdictions, a jurisdiction pays one-half of the
applicable costs (the " Jurisdiction One-Half" ) and CVAG pays the
other one-half (the "CVAG One-Half" ) . Historically, the CVAG
One-Half has been paid after project completion as a reimbursement
to the jurisdiction (the "Reimbursement Policy" ) . However, there
now exists a compelling need to fund the Project, as hereinafter
defined, notwithstanding that some or all of CVAG' s member
jurisdictions do not now have their 50% of funding in place so
that the Project can go forward under the Reimbursement Policy.
CVAG is willing to advance some or all of the necessary funding to
the Lead Agency and Cities with the understanding and agreement,
embodied herein, that the jurisdictions will pay back and
reimburse their share of the Jurisdiction One-Half to CVAG at a
future date prior to the completion of the construction of the
jurisdiction' s portion of the Project .
The Project is generally described as and consists of the
following: "Preparation of Project Study Reports (PSR' s) for
reconstruction of Interchancxes located at Indian Avenue Palm
Drive, Date Palm Drive and Ramon Road on Interstate 10" These
services will hereinafter be referred to as the "Project" .
Lead Agency, Cities and CVAG desire to proceed with the Project .
The estimated cost of the Project is $ 600,000 .
It is the intent of Lead Agency, Cities and CVAG that this
agreement will be amended, either individually or collectively,
for the development of environmental documentation, project
report, plans, specifications and estimates, and again 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. It is also anticipated
that work to be performed beyond the PSR stage may proceed at
different time intervals for each interchange, thereby requiring
separate amendments for each interchange.
Lead Agency agrees 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 .
Page : 2
NOW, THEREFORE, in consideration of the mutual covenants and
subject to the conditions contained herein, the parties do agree
as follows :
1 . The Project consists of those regional arterial projects that have
heretofore been identified in the CVAG 1994 updated list of
projects .
2 . The scope of work of the Project is more particularly described in
Exhibit "A" , entitled Scobe of Services , attached hereto and made
a part hereof. The cost estimate for the Project is more
particularly described in Exhibit "B" - entitled 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
Jurisdiction One-Half and the CVAG One-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 Protect Schedule.
3 . It is the agreement between CVAG, Lead Agency and Cities that the
total cost of the Project shall not exceed $600,000 . CVAG shall
contribute $400, 000, Lead Agency shall contribute $100, 000, and
Cities shall contribute $100, 000 . Final contribution shares by
each agency for any interchange reconstruction project shall be
determined prior to the obligation of construction funds for said
interchange . Funds contributed by each agency for the development
of the PSR shall be considered a credit to the contributing agency
for their portion of the final contribution share . If the cost
sharing of any interchange is not revised by amended agreement,
the original contribution amounts provided above in this paragraph
shall remain in effect.
4 . 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.
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
Page: 3
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, deletions, or revisions by agreement between Lead
Agency and CVAG if such changes are in accordance with the
policies, procedures, and cost determination/expense eligibility
criteria adopted by CVAG.
6 . 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, RCTC, 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 Lead Agency shall assume the defense of, indemnify and hold
harmless CVAG, the Cities and their respective officers and
employees, and each and everyone 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 Lead Agency
taken in the performance of the Agreement or any agreement entered
into by Lead Agency with reference to this Project .
The Cities shall assume the defense of, indemnify and hold
harmless CVAG, the Lead Agency 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 Cities taken in
the performance of the Agreement or any agreement entered into by
the Cities with reference to this Project .
Page: 4
CVAG shall assume the defense of, indemnify and hold harmless the
Lead Agency, Cities 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, and Cities as "additional insureds" on all
liability insurance coverage required by Lead Agency on each
contract .
11 . 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 conforms receipt in writing (such
as Federal Express or UPS) ) , sent by telecopier or facsimile
(" 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
P.O . Box 1090
4080 Lemon Street, 8th Floor
Riverside, California 92501
Attn: Transportation Director
Telephone: ( 90 9) 275-6740
FAX No. : (909) 2 7 5-6 7 2 1
If to CVAG:
CVAG
73-710 Fred Waring Drive
Palm Desert, CA 92260
Attn: Director of Transportation
Telephone : (760) 346-1127
FAX No . : (760) 3 4 0-5 9 4 9
Page : 5
If to Cities :
City of Desert Hot Springs City of Rancho Mirage
65950 Pierson Boulevard 69-825 Highway 111
Desert Hot Springs, CA 92240 Rancho Mirage, CA 92270
Attn: City Manager Attn: City Manager
Telephone : (760) 329-6411 Telephone : ( 619) 324-4511
FAX No. : (760) 2 51-352 3 FAX No . : ( 619) 324-8830
City of Palm Springs City of Palm Desert
PO Box 2743 73-510 Fred Waring Drive
3200 East Tahquitz Canyon Way Palm Desert, CA 92260
Palm Springs, CA 92263-2743 Attn: City Manager
Attn: City Manager Telephone: (619) 346-0611
Telephone: ( 619) 3 2 3-8 2 0 4 FAX No. : ( 619) 340-0574
FAX No. : ( 619) 323-8207
City of Cathedral City
P.O . Box 5001
35325 Date Palm Drive
Cathedral City, CA 92235-5001
Attn: City Manager
Telephone: ( 619) 324-8388
FAX No. : ( 619) 324-4816
12 . Notices sent in accordance with this paragraph shall be deemed
delivered upon the next business day following the : (I) 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 of 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.
13 . 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.
14 . 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
Page: 6
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.
15 . 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 .
16. 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.
Page: I
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed by their dully authorized representatives on this
date'
Countj-tSf er City of Cathedral City
2cs►m1le algriettu I
S` . by Clerk per
Sec. 25403 Gov,
By: ,�....w_.---' BY� PF
George Tru-pelli w <'
hairman o Ft'he t u ervisors City Manager
�AN86 ip"
ATTEST:
GERALD MALONEY,
h
By: QEP� T1 By: y �.12 L 1 ,
Geraled A. Maloney ► David Barr
Clerk of the Board of Supervisors JAN 6 1998 Mayor y
City of Desert Hot Springs City of Rancho Mirage
Bob Wilburn Patrick Pratt
City Manager City Manager
By / A.�� - C c By:
Gerald Pisha Donald Yokaitis
Mayor Mayor
City of Palm Ebarings City of Palm Desert
By: By:
Rob Parkins Ray Diaz
City Manager City Manager
By: By:
J d' Sumich Richard Kelly
City Clerk Mayor
Page : 8
CVAG
Patricia A. Larson,
Executive Director
BY;
David Berry
Chairman
U L_V,y
Page: 9
EXHIBIT A
SCOPE OF SERVICES
Provide all technical and professional services including labor,
material, equipment, transportation, supervision, administration,
review and expertise to prepare a Project Study Report for the
reconstruction of interchanges at Indian Avenue, Palm Drive, Date
Palm Drive and Ramon Road.
Project Study Report:
Preparation of the Project Study Reports shall be in accordance
with the current Caltrans Guidelines for the Preparation of
Project Study Reports as described in the Caltrans Project
Development Procedures Manual .
Page : 10
EXHIBIT "B"
ESTIMATE OF COST
Cost Estimate:
Preparation of PSR's for IndianAvenue, $600,000
Palm Drive, Date Palm Drive and Ramon Road
Funding:
CVAG $400,000
County of Riverside $100,000
City of Palm Springs $ 20,000
City of Desert Hot Springs $ 20,000
City of Cathedral City $ 20,000
City of Rancho Mirage $ 20,000
City of Palm Desert 20 000
Total $600,000
EXHIBIT C
PROJECT SCHEDULE
Deliverables Dates
PSR' s at Indian Avenue, Palm January 2, 1998
Drive, and Date Palm Drive
PSR at Ramon Road February 15, 1998
Page: 12