HomeMy WebLinkAboutA3681 - CVAG PM-10 MOU CMAQ-ISTEA FUNDS MO 5777 CVAG - PM-10 MOU
CMAQ-ISTEA Funds - Reimburse,
AGREEMENT #3681
M05777, 7-17-96
REIMBURSEMENT FOR CMAQ-ISTEA FUNU5
MEMORANDUM OF UNDERSTANDING (MOU)
This Memorandum of Understanding (MOU) is made this July 17, 1996, by and between
the Coachella Valley Association of Governments referred to as "CVAG", and the City of
Palm Springs referred to as "CITY".
The City of Palm Springs "CITY" is seeking to be reimbursed for expenses and costs
arising from the Coachella Valley PM10 Program's requirements as outlined in the State
Implementation Plan (SIP) for PM10 in the Coachella Valley. Services to be performed
by the CITY are set forth in Exhibit "A" attached hereto and incorporated herein by
reference. CALTRANS will be funding this project through CVAG using the Congestion
Management and Air Quality Improvement Program (CMAQ) portion of the Intermodal
Surface Transportation Efficiency Act (ISTEA) Federal Funds, as supplemented by State
Traffic Systems Management (TSM) matching funds.
The reimbursement will include submitting the CITY's reimbursable invoices to Caltrans,
as part of a monthly bill for the Regional CMAQ-ISTEA program. A secondary CVAG
obligation is to keep track of each jurisdiction's "accounts" for the various control
measure project categories (Clean Streets Management/Post Event Cleanup, Paving,
Chemical Stabilization, and Windbreaks/Wind Fences).
1) Roles and Responsibilities:
1.1) CITY and CVAG responsibilities with respect to this MOU and the successful
completion of the project Fare described in Exhibit "B" attached hereto and
incorporated herein by reference.
1.2) Prior to final payment, an acceptable report of completion shall be submitted to
CVAG and CALTRANS. 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 CITY .
2) Funding Amount:
2.1 Funding for this project is a reimbursable process, processed through ISTEA
by CALTRANS after all the necessary documents are in place. Under ISTEA
funding, these funds are limited to 88.53% of the total cost of the project.
CVAG will be separately reimbursed through its allotment of ISTEA funds
approved by the CVAG Executive Committee; this amount does not exceed
5% of the total CMAQ-ISTEA funds allocated to the Regional program. CVAG
will be providing no funds under the terms of this MOU. Caltrans will be
responsible for 11.47% local TSM match. If this project is terminated or
ORIGINAL BID
1 ANID10IR AGRD, Mf NT
truncated, all payments and interests will be returned to the CALTRANS
accounting department.
2.2) CITY agrees to submit only those costs which are eligible for reimbursement
under the policies governing expenditure of ISTEA Funds. CITY will submit invoices to
CVAG after services are provided. CVAG project manager will determine that invoice
charges are in reasonable agreement with the project tasks and are eligible for
reimbursement according to CALTRANS criteria for ISTEA 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 CITY .
2.3) CITY shall submit a progress report with each billing invoice. Billing invoices
shall be submitted no more than once a month. AGENCY shall start billing on the project
after the obligation date has been obtained by CALTRANS.
2.4) The total current not-to-exceed amount allocated from CMAQ-ISTEA funds by
the CVAG Executive Committee for the City of Palm Springs is $604,296.
3) Prevailing Wages:
The CITY 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 sec., which would
require the payment of prevailing wages where the services or any portion thereof
determined to be a public work, as defined therein. The AGENCY shall ensure
compliance with these prevailing wage requirements by any person or entity to perform
services on the project. The CITY 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 seq.
4) Term/Notice of Completion:
The term of this funding agreement shall be from the date first herein above written until
the date the CITY provides a written Notice of Completion to CVAG.
5) Indemnification:
This agreement 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 CITY as to the project. The CITY 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 CITY taken in the performance of the MOU
or any agreement entered into by CITY with reference to the project. CVAG shall
743
2
i�
-7
assume the defense of, indemnify and hold harmless the CITY, 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 Agreement, CITY 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. CITY shall include CVAG as
additional insured on this comprehensive general liability policy for covered liabilities
caused by CITY in its performance of services under this contract and shall provide
CVAG with a certificate evidencing such coverage. CITY 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
time of this contract, CITY 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 CITY 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 CITY or CVAG,
during the term of his or her service with the CITY 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:
CITY and CVAG shall maintain complete, accurate, and clearly identifiable records with
respect to costs incurred for the project or under this agreement. CITY shall make
available for examination by the State, 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 agreement. Further, CITY 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 CITY for at least three (3) years following termination
of this agreement, and they shall have access to such information during the three-year
period for the purposes of examination or audit.
9) Disadvantaged Business Enterpruse:
3
• Ob
It is the policy of CVAG, CALTRANS, and the City of Palm Springs that
Disadvantaged Business Enterprises (DBEs) , as identified in 49 CFR Part 23, shall have
the maximum opportunity to participate in the performance of contracts financed in whole
or in part with State or Federal Funds.
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 [CITY and
CVAG] and the interpretation of the parties' understanding concerning the performance
of the Services.
11) Contract Amendment:
In the event that the parties determine that the provisions of this agreement 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.
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 Regulations:
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 7 ��
Palm Desert, CA 92260
4
If to City of Palm Springs:
Rob Parkins
City Manager
P.O. Box 2743
Palm Springs, CA 92263
If to CALTRANS:
Ray Meijer
Local Assistance
Department of Transportation
District 8
247 W. 3rd Street
P.O.Box 231
San Bernardino, CA 92402
IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by
and through their respective officers thereunto duly authorized on the date written below
their signatures.
COACHELLA VALLEY ASSOCIATION CITYof Palm Springs
OF GOVERNMENTS
ATTEST: CITY OF PALM SPRINGS,
, City Clerk
PATRICIA A. LARSON
CVAG Executive Director (2� City Manager
Date: Date: lLz WYcl
Approved as to Legal Form: Approved as to Form:
By: LA= _ By
LYNN CR NDALL
Attorney at Law City Counsel
Tel
9 Iat Pinoncu
• 10
EXHIBIT "A"
DESCRIPTION OF SERVICES
The CMAQ-ISTEA related Services required to implement the State Implementation Plan
for PM10 in the Coachella Valley (SIP) are:
1) Perform 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 the California Department of
Transportation (CALTRANS) and the Federal Highway Administration (FHWA).
2) Assure that all project documentation conforms to CALTRANS procedures for the
implementation of Local Programs which are to be reimbursed by Federal funds.
3) Participate in field reviews of project sites with CVAG to determine the validity of
project preparation, including environmental aspects.
4) Provide all necessary documentation, including Right-of-Way and Engineering
Certification.
5) Provide evidence of adoption of a valid DBE plan when and as required, at least
annually.
6) Retain all project documentation for audit review for at least three (3) years after
project completion.
-7 'q-7
6
IEXHIBIT "B" �6
RESPONSIBILITIES OF PARTIES
CVAG RESPONSIBILITIES
1. CVAG will receive invoices from CITY, and determine that those invoice charges are
eligible for reimbursement according to CALTRANS criteria for ISTEA reimbursable
expenses.
2. CVAG will submit invoices to CALTRANS with a recommendation for payment.
CALTRANS will make payments to C\/AG and CVAG will in turn pay the CITY.
3. Payment to CITY shall generally be made within 20 days of the payment made by
CALTRANS to CVAG.
4. CVAG Staff will be reimbursed for the time designated to this project out of its
allocation by the CVAG Executive Committee of CMAQ-ISTEA funds. CVAG's allocation
does not exceed 5% of the combined Federal and State Funds allocated to this project.
CITY RESPONSIBILITIES
1. Property Acquisition/Eminent Domain Proceedings.
All property shall be acquired in the name of the City of Palm Springs. Eminent Domain
condemnation procedures, if necessary, shall be initiated by the City. 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.
CITY 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 CITY are subject to change. Any such change
must be acknowledged and approved in writing by CVAG and CITY. Such written
acknowledgment need not be in the form of an executed agreement and may consist of
more than one written document.
7
EXHIBIT "C"
FUNDING POLICY
Under ISTEA funding, these funds are limited to 88.53% of the total cost. The remaining
local match of 11.47% will be paid by the State of California through its TSM program.
The total reimbursable cost of the project cannot exceed amounts allocated by the CVAG
Executive Committee. Any extra costs will be the CITY's responsibility. CVAG and
ISTEA funds will not be responsible for any additional costs incurred from the project. If
the project is terminated or truncated, all payments and interests will be returned to the
CALTRANS accounting department.
word\rose\pm 10\mou.796
7 '4 1
8