Indio-CVAG/Reimb Agree for Madison 09AMENDMENT NUMBER ONE
CITY OF INDIO - CVAG REIMBURSEMENT AGREEMENT
MADISON STREET IMPROVEMENT PROJECT
FROM AVENUE 50 TO INDIO BOULEVARD
THISAMENDMENT NUMBER ONE is made and entered into this day of
&-
, 2009, by and between the Coachella Valley Association of
Governments, a California joint powers agency, (CVAG), and the City of Indio (Lead Agency)
and is made with reference to the following background facts and circumstances. All other
provisions in the existing Reimbursement Agreement for the Madison Street Improvement
Project, from Avenue 50 to Indio Boulevard, remain in force.
This Amendment Number One extends the limits of work, and obligates, and authorizes
for expenditure, funds not previously authorized under the terms of the existing Reimbursement
Agreement, dated August 22, 2007. Amendment Number One extends the southern limit of the
project from Avenue 50 to Avenue 52. This portion of the project falls within the cities of Indio
and La Quinta. Both cities have requested this Amendment Number One.
The cities of Indio and La Quinta are requesting additional funds, in addition to the
amount originally estimated to complete the work. The cities of Indio and La Quinta have
requested an additional $2,730,000 as CVAG's 75% Regional Share of the total estimated cost
of $3,640,000.
This Amendment Number One shall authorize additional project costs in the
amount Not -To -Exceed $2,730,000, and extend the southern limit of work from Avenue 50
to Avenue 52.
Summary
Previously obligated and authorized for expenditure (CVAG 75% Share) $34,687,500
(Estimated cost for Original Agreement, $46,250,000)
New obligations under this Amendment Number One (CVAG 75% Share) $ 2,730,000
Revised Total Amount Authorized for this Project (CVAG 75% Share) $37,417,500
IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number One to be
executed by their duly authorized representatives on this date:
ATTEST: CITY OF INDIO
00-01
By: le�� By:
ynthia Hernandez, Mel ie Fesmire,
City Clerk j Mayor
ATTEST:
B
Veronica Montecino
City Clerk
ATTEST:
By: - n�"
T m rk,
E utive Director
CITY OF LA QUINTA
By: jl.�,OaaQ4.1
Don A olph,
Mayor
CVAG
By: �!e
StelT en Pougnet
CVAG Chair
UIA
12/14/2009 12:12 7603405949 CVAG PAGE 02
CVAG - CITY OF INDIO REIMBURSEMENT AGREEMENT
"MADISON STREET IMPROVEMENT PROJECT"
(FROM AVENUE 50 TO INDIO BOULEVARD)
DESIGN, RIGHT -OF -WAX & CONSTRUCTION
THIS AGREEMENT is made and entered into this 22rAy of August 12007,
by and between the City of Indio ("Agency"), and the Coachella Valley Association of
Governments ("CVAG"), a California joint powers agency, and is made with reference to the
following background facts and circumstances:
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 as projects of regional importance. These projects are listed in the 2005
Update Transportation Project Prioritization Study document; and
Approval of a highway financing measure by the voters of Riverside County in
November, 1988, ("Measure A,'� as well as the approval of an extension by the voters in
November, 2000, has created a source of funds with which to construct such 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
The CVAG Executive Committee, on July 31, 2006, approved the implementation of the
amended Transportation Uniform Mitigation Fee ("TUMF") Ordinance to increase the collected
TUMF, effective January 1, 2007.
Under CVAG's policy of funding eligible projects by member jurisdictions, effective
January 1, 2007, a jurisdiction pays one -quarter of the eligible costs (the "Jurisdiction One -
Quarter') and CVAG pays the other three-quarters (the "CVAG Three -Quarters"). Historically,
the CVAG Three -Quarters has been paid as a reimbursement to the jurisdiction, as invoices are
submitted and approved.
CVAG has determined that as to member jurisdictions that do not participate in the
TUMF program, projects will continue to go forward under the existing Reimbursement Policy.
Agency desires to proceed with a project known as "Madison Street Improvement
Project from Avenue 50 to Indio Boulevard" (the "Project"). The estimated cost of the
Project is $46,250,000. CVAG's share of Project costs is not -to -exceed S 34,687,500.
City of Indio-CVAG Reimbursement Agreement - Madison Street (Av. 50 to Indio Blvd) February 2007 Page 1
12/14/2009 12:12 7603405949 CVAG PAGE 03
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
the CVAG 2005 updated list of projects. The Project is one of those projects and is therefore
eligible.
2. The Project is generally described and referred to as Madison Street
vement Proiect from Avenue 50 to Indio Boulevard", hereinafter the "Project."
3. Any excess property purchased to secure the necessary right-of-way for the
Project 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.
4. The scope of work for the Project is more particularly described in Exbibit "A,"
entitled "Scope 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 estimate includes a
calculation intended to allow Agency to recover an amount representing the time of its employed
staff in working on the Project, as well as the amount Agency shall pay to outside contractors in
connection with the Project. Subject to the terms herein and all applicable rules regarding
allowed costs, the amount of the ,Jurisdiction One -Quarter and the CVAG Three -Quarters shall
be calculated by reference to the cost estimates as shown on Exhibit "B." Exhibit "C," attached
hereto and made a part hereof, is the "Project Schedule."
5. It is the agreement between CVAG and Agency that, of the total estimated cost of
the Project ($46,250,000 ), CVAG shall pay not -to -exceed $34,687,500, and Agency shall pay its
remaining Jurisdiction One -Quarter of covered costs, as well as one hundred percent (100%) of
all costs not eligible for reimbursement by CVAG.
6. Agency agrees to seek reimbursement of seventy-five percent of only those costs,
up to the not -to -exceed limit, which are eligible for reimbursement by CVAG, as outlined in
Section rV, "Cost Determination/Expense Eligibility," of the CVAG Policies and Procedures
Manual.
6.1 Agency shall be responsible for initial payment of all covered costs as they
are incurred, Following payment of such costs. Agency shall submit invoices to CVAG
requesting reimbursement of seventy-five percent of those eligible costs associated with the
Project. Each invoice shall be accompanied by detailed contractor invoices, or other demands
for payment addressed to Agency, and documents evidencing Agency's payment of the invoices
or demands for payment. Agency shall also submit a Project Completion Report, in a form
acceptable to CVAG, with each statement. Agency shall submit invoices not more often than
monthly and not less often than quarterly.
City of Indio-CVAG Reimbursement Agreement - Madison Street (Av. 50 to Indio Blvd) February 2007 Page 2
12/14/2009 12:12 7603405949 CVAG PAGE 04
6.2 Agency shall, at the design stage of the Project, identify a project specific
ratio "Project Ratio' for the construction phase of the project that distinguish between Capacity
Enhancement items, Rehabilitation items or other items.
Agency .shall apply that "Project Ratio' to the project construction cost and
provide CVAG with supporting documents that will clearly identify "Capacity Enhancement"
costs eligible for payrnent with TUMF, "Rehabilitation" costs eligible for payment with Measure
"A", and other costs that are not eligible for reimbursement by CVAG.
All Invoices submitted to CVAG for reimbursement, shall include a table
identifying "Capacity Enhancement" costs eligible for payment with TUMF, "Rehabilitation"
costs eligible for payment with Measure "A", and other costs that are not eligible for
reimbursement by CVAG.
6.3 Upon receipt of an invoice from Agency, CVAG may request additional
documentation or explanation of the Project costs. Undisputed reimbursement amounts shall be
paid by CVAG to Agency within thirty (30) days.
6.4 Jf a post -payment audit or review indicates that CVAG has provided
reimbursement to Agency in an amount in excess of seventy-five percent of eligible costs, or has
provided reimbursement of ineligible Project costs, Agency shall reimburse CVAG for the
excess or ineligible payments within thirty (30) days of notification by CVAG.
7. Prior to any final payment to Agency by CVAG, a final report shall be submitted
to CVAG by Agency containing a record of all payments made for said Project and the source of
funds of all such payments, together with a record of all change orders, cost over -runs, and other
expenses incurred, Final payment will thereafter be paid by CVAG in accordance with its rules,
regulations and policies concerning project cost determination and expense eligibility.
S. The format used for all bids solicited by Agency for the Project shall require
itemization sufficient to allow quantities of each bid item to be easily discernible. It shall be the
responsibility of Agency to determine what quantity is for Capacity .Enhancement and/or
Rehabilitation, and to provide CVAG staff with that information.
9. The parties agree that should unforeseen circumstances arise which result in new
work not covered in Exhibit "A," an increase of any costs over those shown in Exhibit "B," or
other changes in the Scope of Work are proposed, CVAG will in good faith consider an
amendment to this Agreement to provide for further appropriate reimbursement if the proposed
amendment is in accordance with the policies, procedures, and. cost determination/expense
eligibility criteria adopted by CVAG.
Ciry of Indio-CVAG Reimbursement Agreement - Madison Street (Av. 50 to Indio Blvd) February 2007 Page 3
12/14/2009 12:12 7603405949 CVAG PAGE 05
10. Agency shall maintain an accounting of all funds received from CVAG pursuant
to this Agreement in accordance with generally accepted accounting principles. 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 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. Agency shall permit CVAG, at any reasonable time, upon reasonable notice, to
inspect any records maintained in connection with the Project. CVAG shall have no duty to
make any such inspection and shall not incur any liability or obligation by reason of making or
not making any such inspection.
11. The occurrence of any one or more of the following events shall, at CVAG's
option, constitute an event of default and Agency shall provide CVAG with immediate notice
thereof.
11.1 Any warranty, representation, statement, report or certificate made or
delivered to CVAG by Agency or any of Agency's officers, employees or agents now or
hereafter which is incorrect, false, untrue or misleading in any material respect;
11.2 Agency shall fail to pay, perform or comply with, or otherwise shall
breach, any obligation, warranty, term or condition in this Agreement or any amendment to this
Agreement, or any agreement delivered in connection with the Project; or
11.3 There shall occur any of the following: dissolution, termination of
existence or insolvency of Agency; the commencement of any proceeding under any bankruptcy
or insolvency law by or against Agency; entry of a court order which enjoins, restrains or in any
way prevents Agency from paying sums owed to creditors.
12. No waiver of any Event of Default or breach by one party hereunder shall be
implied from any omission by the other party to take action on account of such default, and no
express waiver shall affect any default other than the default specified in the waiver and the
waiver shall be operative only for the time and to the extent therein stated. Waivers of any
covenant, term, or condition contained herein shall not be construed as a waiver of any
subsequent breach of the same covenant, term or condition. The consent or approval by one
party to or of any act by the other party shall not be deemed to waive or render unnecessary the
consent or approval to or of any subsequent or similar act.
13. This Agreement is made and entered into for the sole protection and benefit of
CVAG and Agency and no third person shall have any right of action under this Agreement,
14. It is the intent of the Agency and CVAG that the Project be represented as being
funded by Measure "A"/TLJMF funds. All public notices, news releases, and documents shall
indicate that the Project is being cooperatively developed by the Agency, RCTC, and CVAG
using Measure "A"/TUMF funds. Prior to initiation of on -site construction, Agency agrees to
provide at least one "Project Sign" to be placed in a safe and visible location near the site of
construction so that all travelers passing the location have the opportunity to observe who the
agencies are that are providing funds for the construction of the Project. Exhibit "D," "Project
Sign," provides a guide for Project Sign format.
City of Indio-CVAG Reimbursement Agreement - Madison Street (Av. 50 to Indio Blvd) February 2007 Page 4
12/14/2009 12:12 7603405949 CVAG PAGE 06
15. 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 in ownership or a partner or
joint venturer with Agency as to the Project. The Agency shall assume the defense of, indemnify
and hold harmless CVAG, its member agencies, and their respective officers, directors, agents,
employees, servants, attorneys, and volunteers, 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
Agency related to the Project or taken in the performance of this Agreement 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, directors, agents, employees, servants,
attorneys, and volunteers, and each 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 of CVAG taken in the performance of this Agreement.
16. Agency agrees to include in its contract specifications and bid documents a
requirement that all prime contractors shall name CVAG and its member agencies as "also
insured" on all liability insurance coverage required by Agency on each contract. Agency will
provide a copy of the Insurance Certificate to CVAG, depicting CVAG and its member agencies
as "also insureds," within 30 days of signing a contract with the prime contractor.
17. Any dispute concerning a question of fact arising under this Agreement that is not
disposed of by voluntary negotiations between the parties shall first be decided by the CVAG
Executive Director or designee, who may consider any written or verbal evidence submitted by
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 Agency from full and timely performance in accordance with the terms of this
Agreement.
18. Any agency receiving federal funds must have an approved Disadvantaged
Business Enterprise program. All recipients of Federal Highway Administration (FI-IWA) funds
must carry out the provisions of Part 26, 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. Except to the extent that such or other contrary federal regulations
may apply, Agency covenants that, by and for itself and all persons claiming under or through it,
there shall be no discrimination against or segregation of any person or group of persons on
account of race, color, creed, religion, sex, marital status, national origin or ancestry in the
performance of this Agreement.
19. Agency warrants that all aspects of the Project shall be undertaken in compliance
with all applicable local, state and federal rules, regulations and laws. Agency will execute and
deliver to CVAG such further documents and do other acts and things as CVAG may reasonably
request in order to comply fully with all applicable requirements and to effect fully the purposes
of Ws Agreement.
City of Indio-CVAG Reimbursement Agreement - Madison Street (Av. 50 to Indio Blvd) February 2007 Page 5
12/14/2009 12:12 7603405949 CVAG PAGE 07
20. This Agreement may not be assigned without the express written consent of
CVAG first being obtained.
21. Agency, its successors in interest and assigns shall be bound by all the provisions
contained in this Agreement.
22. No officer or employee of CVAG shall be personally liable to Agency, or any
successor in interest, in the event of any default or breach by CVAG or for any amount with may
become due to Agency or to its successor, or for breach of any obligation of the terms of this
Agreement.
23. Notwithstanding any other provision herein, CVAG shall not be liable for
payment or reimbursement of any sums for which CVAG has not first obtained the necessary
and appropriate funding from TUMF and/or Measure "A" monies.
24. No officer or employee of CVAG shall have any personal interest, direct or
indirect, in this Agreement; nor shall any such officer or employee participate in any decision
relating to this Agreement which effects his or her personal interest or the interest of any
corporation, partnership or association in which she or he is, directly or indirectly, interested, in
violation of any state, federal or local law.
25. Agency warrants that the funds received by CVAG pursuant to this Agreement
shall only be used in a manner consistent with CVAG's reimbursement policy and all applicable
regulations and laws. Any provision required to be included in this type of agreement by federal
or state law shall be deemed to be incorporated into this Agreement.
26. 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 facsimile 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 Agency: City of Indio
P.O.Box Drawer1788/100 Civic Center
Indio, CA 92201
Attn: City Manager
Telephone: (760) 391-4000
FAX No.: (760) 391-4008
If to CVAG: CVAG
73-710 Fred Waring Drive
Palm Desert, CA 92260
Attn: Deputy Executive Director
Telephone: (760) 346.11.27
FAX No.: (760) 340-5949
City of Indio-CVAG Reimbursement Agreement - Madison Street (Av. 50 to Indio Blvd) February 2007 Page 6
12/14/2009 12:12 7603405949 CVAG
PAGE 08
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, retum receipt
requested. Notice of change of address shall be given by written notice in the manner detailed in
this paragraph.
27. 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 matter dealt with herein or the duties of any party in relation
thereto, not expressly set forth in this Agreement, is null and void.
28. 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,
29. 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 action
arising out of this Agreement, or the transactions contemplated hereby, the prevailing party in
any such action shall be entitled to an award of reasonable attorneys' fees and costs incurred in
such action or proceeding, in addition to any other damages or relief awarded, regardless of
whether such action proceeds to final judgment.
30. Time is of the essence in this Agreement, and each and every provision hereof in
which time is an element.
31, This Agreement and all documents provided for herein shall be governed by and
construed in accordance with the laws of the State of California. Any litigation arising from this
Agreement shall be adjudicated in the courts of Riverside County, Desert Judicial District, State
of California.
32. Agency warrants that the execution, delivery and performance of this Agreement
and any and all related documents are duly authorized and do not require the further consent or
approval of any body, board or commission or other authority.
33. 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.
City of Indio-CVAG Reimbursement Agreement - Madison Street (Av. 50 to Indio Blvd) February 2007 Page 7
12/14/2009 12:12 7603405949 CVAG PAGE 09
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their duly authorized representatives on this date:
LO
ATTEST:
I 1 �
INS
a;MOM; 99 I
CV
By: ~'Sa, l By:
Allyn Waggle
Deputy Executive Director
City of Indio-CVAG Reimbursement Agreement - Madison Street (Av. 50 to Indio Blvd) February 2007 Paoe 8
12/14/2009 12:12 7603405949 CVAG
PAGE 10
EXHIBIT "A"
SCOPE OF SERVICES
DESIGN, RIGHT -OF -WAX & CONSTRUCTION
"MADISON STREET IMPROVEMENT PROJECT"
(FROM AVENUE 50 TO INDIO BOULEVARD)
CVAG will only pay for improvements eligible for reimbursement as outlined in the adopted Project Cost
Determination and Expense Eligibility manual.
City of Indio-CVAG Peimbursement Agreement - Madison Street (Av. 50 to Indio Blvd) February 2007 Fagc 9
12/14/2009 12:12 7603405949 CVAG
PAGE 11
EXHIBIT "B"
ESTIMATE OF COST
DESIGN, RIGHT -OF -WAX & CONSTRUCTION
"MADISON STREET IMPROVEMENT PROJECT"
(FROM AVENUE 50 TO INDIO BOULEVARD)
(FROM ESTIMATE PROVIDED BY THE CITY OF INDIO)
Funding agreed upon as Follows;
CVAG's share — TUMF/ Measure "A" Funds
City o£Indio's Share - Local Funds
Total
A) Madison St. Segment from Avenue 50 to Avenue 49
Road Improvements
$
5,250,000
Bridge Canal
$
2,000,000
Intersection Improvements
Total Estimated Cost
$
8,000,000
Less Developer Contribution
$(4
000
Grand Total
$
4,000,000
-CVAG
S
3,000,000
-City
$
1,000,000
B) Madison St Segment from Avenue 49 to Avenue 48
Road Improvements
S 6,000,000
Right -of -Way Cost
$__2,OOD,ODO
Total Estimated Cost
S 8,000,000
Less Developer Contribution
�( 00-w 0 000�
Grand Total
$ 3,000,000
-CVAG
$ 1,500,000
-City
$ 1,500,000
C) Madison $t Segment from Avenue 48 to highway, I II
Road Improvements
$ 6,000,000
Right -of --way Cost
$.,.3,QQ4,9QQ
Total Estimated Cost
$ 9,000,000
-CVAG
$ 6,750,000
-City
$ 2,250,000
$ 34,687,500
11.562.500
$ 469250,000
City of Ind lo-CVAG Reimbursement Agreement - Madison Street (Av. 50 to Indio 8lvd) February 2007 Pagc 10
12/14/2009 12:12 7603405949 CVAG
D) Madison St. Segment from Highwav III to Avenue 46
Road Improvements
$
1,000,000
Intersection Improvements
$
1,000,000
Traffic Signal
$59.Q04
Total Estimated Cost
$
2,350,000
-CVAG
$
1,762,500
-City
$
587,500
E) Madison St. Segment from Avenue 46 to Miles Avenue
Intersection Improvements $ 1,000,000
Traffic Signal $ 350.000
Total Estimated Cost $ 1,350,000
-CVAG $ 1,012,500
-City $ 337,500
F) Madison St. Segment from Miles Avenue to Fred Waring Dr.
Road Improvements
S 2,000,000
Canal Bridge
$ 3,000,000
Storm Channel Bridge
S 18,450,000
Modified Traffic Signal
$ 150,000
Right-of-way
$_.2.504.0510
Total Estimated Cost
$ 26,100,000
-CVAG
$ 19,575,000
-City
$ 6,525,000
G) Madison St. Segment from Fred Waring Dr. to Indio Blvd.
Road. Improvements
S
250,000
Right -of -Way Cost
$$ 200.00�
Total Estimated Cost
$
450,000
-CVAG
5
337,500
-City
$
112,500
PAGE 12
City of Indio-CVAG Reimbursement Agreement - Madison Street (Av. 50 to Indio Blvd) February 2007 Page I 1
12/14/2009 12:12 7603405949 CVAG PAGE 13
EXHIBIT "C"
PROJECT SCHEDULE
DESIGN, RIGHT-OF-WAY & CONSTRUCTION
"MADISON STREET IMPROVEMENT PROJECT"
(FROM AVENUE 50 TO INDIO BOULEVARD)
A. Madison St. (Avenue 50 to Avenue 49)
R. Madison St. (Avenue 49 to Avenue 48)
C. Madison St. (Avenue 48 to Highway 111)
D. Madison St (Highway I I 1 to Avenue 46)
E. Madison St (Avenue 46 to Miles Avenue)
F. Madison St. (Miles Avenue to Fred Waring Dr.)
G, Madison St. (Fred Waring Dr, to Indio Blvd.)
Estimated Completion Date
Summer 2007
Winter 2006
Fall 2007
Fall 2007
Fall 2007
Fall 2008
Summer 2007
City oflndio-CVAG Reimbursement Agreement- Madison Street (Av. 50 to Indio Blvd) February 2007 Page 12
12/14/2009 12:12 7603405949 CVAG
PAGE 14
EXHIBIT "D"
"PROJECT SIGN"
DESIGN, RIGHT -OF -WAX & CONSTRUCTION
"MADISON STREET IMPROVEMENT PROTECT"
(FROM AVENUE 50 TO INDIO BOULEVARD)
The Proiect Sign shall consist of the following information:
MEASURE"A"
PROJECT
YOUR TAX DOLLARS
AT WORK
"PROJECT NAME"
FUNDED BY:
❑ RIVERSIDE COUNTY TRANSPORTATION COMMISSION/
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
❑ LEAD AGENCY/AGENCY
TOTAL
Other information, such as the City Logos and/or Measure "A" Funds Logo, is encouraged.
City of Indio-CVAG Reimbursement Agreement -Madison Street (Av. 50 to Indio Blvd) February 2007 Page 13
12/14/2009 12:12 7603405949 CVAG PAGE 15
ATTACHMENT I
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
REGIONAL ARTERIAL PROGRAM
PROJECT COST DETERMINATION
EXPENSE ELIGIBILITY
Page14
12/14/2009 12:12 7603405949 CVAG PAGE 16
PROTECT 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
PROJECT CONTINGENCY FUNDS
15.0
REFERENCE DOCUMENTS
Page15
12/14/2009 12:12 7603405949 CVAG PAGE 17
1.0 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)
Transportation 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 2005 Update of the Regional Arterial Cost Estimate (RACE), dated February, 2006 and
shall be updated biannually as part of the TUMF review process.
2.0 COST ESTIMATE DEFINITIONS
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 PROJECT IDENTIFICATION
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 2005 Update 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.
Page16
COACHELLA VALLEY ASSOCIATION of GOVERNMENTS
AMENDMENT NUMBER TWO
CITY OF INDIO - CVAG REIMBURSEMENT AGREEMENT
MADISON STREET IMPROVEMENT PROJECT
FROM AVENUE 52 TO INDIO BOULEVARD
TH��ISJ�_�;���"ENDMENT NUMBER TWO is made and entered into this ��// day of
VZ496 1 2010, by and . between the Coachella Valley Association of
Governments, a California joint powers agency (CVAG), the City of Indio (Lead Agency), and
the City of La Quinta (Agency), and is made with reference to the following background facts
and circumstances. A II other provisions in the existing Reimbursement Agreement for the
Madison Street Improvement Project, from Avenue 50 to Indio Boulevard, and Amendment
Number One, which extended the project limits to Avenue 52 and added the City of La Quinta
as a participating agency, remain in force.
This Amendment Number Two de -obligates regional funds for any and all construction
activity for the segment of Madison Street from Miles Avenue to Fred Waring Drive. This
Amendment Number Two is not meant to affect existing and on -going agreements for design
and right-of-way acquisition, which will continue to be funded.
This Amendment Number Two confirms that all submitted payment requests must be
eligible for reimbursement by CVAG as outlined in the CVAG Policies and Procedures Manual
for the Regional Arterial Program, as adopted March 29, 2010.
This Amendment Number Two shall de -obligate regional funds for all construction
activity in the segment from Miles Avenue to Fred Waring Drive, with an estimated cost
of $25.0 Million
Summary
Previously obligated and authorized for expenditure (CVAG 75% Share) $34,687,500
(Estimated cost for Original Agreement, $46,250,000)
Approved obligations under Amendment Number Two (CVAG 75% Share) $ 2,730.000
Previous Total Amount Authorized for this Project (CVAG 75% Share) $37,417,500
Elimination of all Construction Costs under Amendment Number Two
For Segment from Miles Avenue to Fred Waring Drive
(Estimated Reduction of $25.0 Million from Original Agreement)
Yields Revised, Estimated Total CVAG 75% Share $18,677,500
COACHELLA VALLEY ASSOCIATION of GOVERNMENTS
IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number Two to be
executed by their duly authorized representatives on this date:
ATTEST: CITY OF INDIO
By: ' Q By: e00 4.100-100mil?/
Cynthia Hernandez Gene Gilbert
City Clerk Mayor
CITY OF QUINTA
i �j� I
�, ���i�/ICity Ck/rk
ATTEST:
By:
6N""—
Tom Kir ,
Exec ve Director
CVAG
By: 1� 14
Stephen Pougnet
CVAG Chair