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2023 CVAG - Reimbursement Agrmt - Ave 50 Bridge Project 2019-02MEMORANDUM DATE: October 16, 2023 - - TO: Jon McMillen, City Manager Srt*"'b FROM: Julie Mignogna, Management Analyst W 01d4v CALIFORNIA RE: Reimbursement Agreement between CVAG and City of LA Quinta for PS&E, ROW, and Construction for the Avenue 50 Bridge Project from Washington Street to East of the Evacuation Channel (Project No. 2019-02).P Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name. Authority to execute this agreement is based upon: ❑✓ Approved by City Council on April 16, 2019 (PH1 - CIP) .Q City Manager's signing authority provided under the City's Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $50,000 or less. ❑ Department Director's or Manager's signing authority provided under the City's Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and $5,000, respectively, or less. Procurement Method (one must apply): Q Bid ❑ RFP Q RFQ ❑. 3 written informal bids QSole Source ❑ Select Source ❑ Cooperative Procurement Reauestina department shall check and attach the items below as appropriate: ❑ Agreement payment will be charged to Account No.: ❑ Agreement term: Start Date End Date ❑ Amount of Agreement, Amendment, Change Order, etc.: $ REMINDER: Signing authorities listed above are applicable on the a44re4ate Agreement amount, not individual Amendments or Change Orders! ❑ Insurance certificates as required by the Agreement for Risk Manager approval Approved by: Date: ❑ Bonds (originals) as required by the Agreement (Performance, Payment, etc.) ❑ Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) NOTE: Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is required pursuant FPPC regulation 18701(2) ❑ Business License No. Expires: ❑. Requisition for a Purchase Order has been prepared (Agreements over $5,000) 74-199 El Paseo Drive, Suite 100 CVAGPalm Desert, CA 92260 TRANSMITTAL Date: October 12, 2023 To: Bryan McKinney Public Works Director/City Engineer 78495 Calle Tampico La Quinta, CA 92253 Re: Reimbursement Agreement between CVAG and the City of La Quinta for Plans, Specifications & Estimates, Right -of -Way (ROW) and Construction for the Avenue 50 Bridge Project from Washington Street to East of the Evacuation Channel On September 25, 2023, the CVAG Executive Committee approved the Reimbursement Agreement with the City of La Quinta for the Avenue 50 Bridge Project from Washington Street to East of the Evacuation Channel. Enclosed please find two (2) copies of the Reimbursement Agreement which has been signed by the Chair Scott Matas, CVAG Executive Committee and is ready to be processed by the City Clerk for City Council agenda approval and signatures. I also have included a copy of the CVAG Staff Report associated with this approved agenda item. It provides the project background and fiscal analysis associated with the local share of project costs by city and Avenue 50 Bridge Conceptual Plan. Once executed by the City, please return the two (2) original hardcopies to me at the address below and I will have Tom Kirk, CVAG Executive Director sign as the final signature. I then will provide you with a fully executed original ha rdcopy for the City. Coachella Valley Association of Governments Contracts Administration 74-199 El Paseo Drive, Suite 100 Palm Desert, CA 92260 If you have any questions or would like additional information, please feel free to contact me by email at amcmillen@cvag.oror by telephone at (760) 346-1127. Sincerely, Allew /L%lffillew Allen McMillen Management Analyst II — Contracts and Procurement Coachella Valley Association of Governments ITEM 8D Coachella Valley Association of Governments _ , Executive Committee "y �-- - Septem6er 25, 2023 r'\/A e STAFF REPORT Subject: Reimbursement Agreement for Avenue 50 Bridge Project over the La Quinta Evacuation Channel Contact: Gustavo Gomez, Transportation Management Analyst (ggomez(@cvaq.orq) Recommendation: Approve the Reimbursement Agreement with the City of La Quinta for the Avenue 50 Bridge project from Washington Street spanning the Evacuation Channel, providing a total not -to -exceed amount of $3,849,750 in regional funding for the project's Plans, Specifications & Estimates, right-of-way, and construction phases Transportation Committee: Concurred (Meeting of September 11) Background: The City of La Quinta is requesting regional transportation funding to cover the design, right-of-way, and construction of a new bridge along Avenue 50 spanning the La Quinta Evacuation Channel. Improving Avenue 50 has long been a regional priority and this project represents a partial segment described in CVAG's 2016 Transportation Project Prioritization Study (TPPS). The project is listed as the 34th ranked project with 11 points. The City of La Quinta estimates that Plans, Specifications & Estimates (PS&E), Right of Way (ROW) and construction phases will cost $16,349,000. The City has been successful in securing $11,216,000, in Highway Bridge Program (HBP) funds, which is 80% of the total federal participating cost. The remaining non -participating cost is about $5.1 million, with CVAG's regional share of the cost at $3,849,750. Without outside funding, CVAG's share of the estimated project cost would have been nearly $12.3 million. While this project is not in the top 10 percent, CVAG staff are recommending approval of the reimbursement agreement based on the availability of external funding. The PS&E phase of the project should be complete by Fiscal Year 2026/2027, with construction starting by summer 2028. It is also worth noting that including this project, nearly all segments described in the 2016 TPPS for Avenue 50 are in various phases of development. CVAG staff is also recommending that the agreement include language for the future development of the Regional Traffic Signal Synchronization Master Plan (CV Sync) project and incorporate best practices with respect to bicycle and pedestrian safety. With this recommended action, the Executive Director and/or legal counsel would also be authorized to make clarifying changes prior to execution. Fiscal Analysis: The Avenue 50 bridge over the evacuation channel is estimated to cost $16,349,000 for all phases of the project. The Highway Bridge Program (HBP) funds will cover $11,216,000, which includes design through construction. The proposed agreement would cover the remaining non -participating cost of $5,133,000. Under CVAG's usual policy of funding Measure A eligible projects, CVAG's 75% regional share of the cost is $3.849,750, and the city's 25% local share is $1,283,250. There are sufficient regional transportation funds to cover the City's request for this project. The reimbursement agreement provides that the regional share will be paid as a reimbursement to the jurisdiction as invoices are submitted and approved. The City of La Quinta shall be responsible for paying 100% of non -eligible costs for reimbursement by CVAG. Attachments: 1. City of La Quinta Request Letter 2. Avenue 50 Bridge Conceptual Plans 3. Reimbursement Agreement -� 1I11UKV1\- May 30, 2023 Mr. Tom Kirk Executive Director Coachella Valley Administration of Governments 74-199 El Paseo Suite 100 Palm Desert, CA 92260 Attention: Jonathan Hoy, PE Subject: Request for Funding for the Avenue 50 Bridge over the Evacuation Channel Project in the City of La Quinta, BR-NBIL(547), City Project No. 2019-02 Dear Mr. Kirk, The City of La Quinta respectfully requests the Coachella Valley Association of Governments (CVAG) to contribute 75% of the local share towards the costs of an all-weather bridge along Avenue 50 spanning the Evacuation Channel in La Quinta. The project is listed in the 2016 Transportation Project Prioritization Study (TPPS) as the 34th ranked project (Buildable Project No. B-213). The project is partially funded with Highway Bridge Program (HBP) funds. The HBP will provide 80%, up to $11,216,000.00 towards the proposed bridge. The following represents the estimated project budget as of May 2023, and the proposed funding shares: 3 j Project Cost Federal Partici p• Federal Share (80%) Local Share PS&E ......__ $3,393,568.00 __ _ $1,900, 000.00 $1,520 060.00 . $1,873,568.00 ROW (2024/25) ............................ $1,505,000.00 I $1,320,000.00 . $1,056,000.00 $449,000.00 I F..............----------:-- .--................................................ € CON/CE _...__ ........... _............. (2026/27) $11,450,432.00 1............ $10,800,000.00 $8,640,000.01 $2,810,432.00 ......._. _.. �_ _- TOTAL _ - $16,349,000.00 $14,020,000.00 _---- ! $11,216,000.00 _ T $5,133,000.00 Proposed CVAG Contribution (75%): $3,849,750 Proposed La Quinta Contribution (25%): $1,283,250.00 ta�+INW The HBP funds for the first phase of the PS&E have been allocated in March 2023. It is anticipated that the second phase will be allocated by 2025/2026. The City further anticipates to complete the PS&E phase by 2026/2027, proceed into the ROW phase thereafter and start construction by 2027/2028. Thank you for your consideration, should you have any questions, please contact Josh Nickerson at JNickerson&naiconsulting.com or by phone at (760) 323-5344. You can also contact me at bmckinney@Iaquintaca-qov or by phone at (760) 777-7045. Thank you for your consideration, �r Digitally signed by Bryan McKinney Date: 2023.05 26 15:20:12-07'00' Bryan McKinney, P.E. Public Works Director/City Engineer ( •.t; s'.� :.. nor.+�- .. *?''e.S�• � 1 .r'7a.; _ t - ., T. �3"'� - n Jig,• ."' .• ` � i LEGEND PR RhY A 191TION (NON-HBP) k,5 PR TCE ACDUISITION(HBP) PR TCEACOUISITION(NDNHBP) t PR ROADWAY RECONSTRUCTION PR BRIDGE F ianr ml� 160 150 130 AVENUE 50 BRIDGE OVER LQEC UTILITY, R/W AND RODAWAY EXHIBIT MARCH 19, 2015 l GENERALNOTES NOTES: LOAD RESISTANCE FACTOR DESIGN 1O Gal"Br- No-TBD'end year tnmpleled Design; AASHTO LRa lions, filh Bpi' EdryNsn Wm Z012 g1g igedms y4 Q2 Cast "AVENUE 50 BRIDGE' "AVE 50" Line Call— Amendments, Q Barrier Rail Aesthetics and Layout Seismic Design: CeHrans Seismic Design Criteria (La Ouinla Bridge Rely 1•,T ]- (SDC):Verebn 1.7. April 2013 O Structure Approach Slab RaH Yyldlh lbrclWing Rail Width LNe Loading: HL93 and permit deslgn bad O$ Slope Protection (Not all k Shown) Arm Trmbrlenl Stag. 2 Stage 1 Arch 1 Dead Load: Includes 35 psl for future wearing © Ulli ty opening sudace O MBGR 7 25L 2% Seismic Loading: Site Specific Accelerello, Response OB Rama ns Existing LowaValor Crossing O p C spectra Curve 8 Typ Piles: sea.•F* Dav' (oils na'D_ Contour sheet tvl /GG Reinforced Concrete: ly=fA,000 psi rc = 4,000 Psi (Unless oth—las "_ — — — — — — — — — —• — — — — — — — — — shown or specified) — — — — — — T Note: Not all Plies Shown. T Il.`Pft 1T Prestressed Concrete: For'Preshessing Notes" See on -Giber Layout" Sheel IJ IJ Ll Ll Structural Steel: ASTM A709 Grede 50 Steel Plpe Plies: ASTM A252, Grade 3 MI& MctaarpdACog'AVE 50' LNe Z O WI DATUM Freo- Future -- BmN Channel Y Abut n. PIer2 it it li PIaF3 it it a uAhul4 1 t>8 � tiO •' 1jt TYPICAL SECTION Scale: Ire• =1n- Ir •AVESO-Li- -INDIERe fsea[[n = psiu _ 5.w�anur �9. >j'Q'u��m'�aenrn+�1 cal[ E,a n}1,�L5 =C0NN­ A CADIIII 4- LEGEND: * = High water elevation for Bridge = 5123' (SPF) = 5bpe Protection NOTES: 1. The ContractorSlwll Verity All Controlling Field Dimensions Before Ordering Or Fabricating Any Materiel. 9[t4" 45'-Y Ii5'•z 12• I+2' !' 6' oaf kelsad _one 2 I Lane 1 Memon Lame + I.Mo2 Bcarl Clear IYN xs: Pat LANE CONFIGURATION VEHICULAR TRAFFIC Scab: 1' =10' La Oulnla Steel Rail fy LA 0131AI FA BRIDGE RAIL La A.nmflne, No Saab t— Troalmenl ForMliror In W per slal'wn F Aw PROFILE GRADE No Scale 1. New alignment. No traffic at the site. 2 _Trerr will be detoured away from the sbe. X 3- Tratk will be Carried on the structure Stage Conslrucilon wll11*111 4 be required 4. _Tmflk will pass under the siruclure on (Name of St. or Hey-) A. No felsawork slowed war look B. _Fatsewark opening(a) required: Temporary Vertical Width of Traffic Clearance Opening --ob Bnd end C. _Temporary traffic lam reduction needed lur looting ascavafion Scale: 1•=20' EREDUCE PLANS OMONAL `a I• 2 2 (USER NAYIE LE 15 IN INCHES DWG FILE: CU COST ESTIMATE Structure Depth =7-3 Telal Length =200' Width -1 Area = 16,066 Sq. FL CosVSq FI _ _=$19000 Subtotal=S3,432,540 Mobl"llon 6 = $4.290,675 25%Contingencies AVENUE 50 BRIDGE PLANNING STUDY GENERAL PLAN Contract No. CVAG-23-018 Project: Avenue 50 Bridge from Washington Street to East of the Evacuation Channel AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF LA QUINTA PLANS, SPECIFICATIONS & ESTIMATES (PS&E), RIGHT-OF-WAY (ROW) AND CONSTRUCTION FOR THE AVENUE 50 BRIDGE FROM WASHINGTON STREET TO EAST OF THE EVACUATION CHANNEL THIS AGREEMENT is made and entered into this 25th day of September 2023, by and between the City of La Quinta ("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: RECITALS The "Coachella Valley Area Transportation Study", a valley -wide study prepared under the auspices of CVAG, has identified various transportation and highway projects and corridors throughout the Coachella Valley to be of regional importance. This project is included in the 2016 Transportation Project Prioritization Study (TPPS) document; and, Approval of a highway financing measure by the voters of Riverside County in November of 1988, as well as the approval of an extension of Measure A by the voters in November of 2002, 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, CVAG Executive Committee, on July 31, 2006, approved the implementation of the amended Transportation Uniform Mitigation Fee "TUMF" Fee Ordinance to increase the collected TUMF Fee, effective January 1, 2007; and, Under CVAG's policy of funding eligible projects with member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying Twenty-five Percent (25%) of the Project costs (the Local Share), as well as any ineligible project costs, and CVAG will be responsible for Seventy-five Percent (75%) of eligible Project costs (the Regional Share). Historically, the CVAG Regional Share has been paid as a reimbursement to the Jurisdiction, as invoices are submitted and approved. Agency desires to proceed with the Plans Specifications & Estimates (PS&E), Right of Way (ROW) and Construction for the Avenue 50 Bridge Project from Washington Street to East of the Evacuation Channel. The estimated cost of the Project after Page 1 of 10 Contract No. CVAG-23-018 Project: Avenue SO Bridge from Washington Street to East of the Evacuation Channel accounting for federal high bridge program funds will be approximately $5,133,000. CVAG's share of the Project cost is not -to -exceed $3,849,750 being the maximum approved Regional Share of the Project costs. NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the parties do agree as follows: 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 Transportation Project Prioritization Study or specifically authorized by CVAG's Executive Committee. The Project was specifically approved by CVAG's Executive Committee as consistent with the TPPS on 26 June 2017, and is therefore eligible. 2. The Project is generally described as and consists of the following: plans, specifications & estimates (PS&E), right-of-way (ROW) and construction for Avenue 50 bridge from Washington Street to East of the Evacuation Channel. 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 " 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 the Agency to recover an amount representing the time of its employed staff in working on the Project as well as amount the Agency shall pay to outside contractors in connection with the Project. CVAG's cost share for the project will be seventy-five (75%) as shown on Exhibit "B" unless amended pursuant to the provisions of Paragraph 6. This Agreement shall establish a Time Trigger, which will require that the start of the Construction Phase of the Project must begin by September 11tn, 2028. 4. It is the agreement between CVAG and Agency that of the total estimated cost of the project, after Federal participating funds will be approximately $5,133,000.00, CVAG's Regional Share will equal $3,849,750.00 and the Local share shall be $1,283,250.00 as well as equal one -hundred percent (100%) of all costs not eligible for reimbursement by CVAG. This Agreement shall establish that CVAG may decline or delay regional funds should it be determined that such action is necessary to maintain a minimum balance of regional funds. 5. Agency agrees to seek reimbursement of only those costs which are eligible for reimbursement by CVAG, as outlined in the CVAG Policies and Procedures Page 2 of 10 Contract No. CVAG-23-018 Project: Avenue 50 Bridge from Washington Street to East of the Evacuation Channel Manual for the Regional Arterial Program, as most recently amended. 6. 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. 6.1 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. 6.2 If 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. 8. 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. 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. Non -substantive changes may be made to this agreement subject to CVAG's General Counsel's approval. 10.Agency shall maintain an accounting of all funds received from CVAG pursuant to Page 3 of 10 Contract No. CVAG-23-018 Project: Avenue 50 Bridge from Washington Street to East of the Evacuation Channel 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. Page 4 of 10 Contract No. CVAG-23-018 Project: Avenue 50 Bridge from Washington Street to East of the Evacuation Channel 14. It is the intent of the Agency and CVAG that the Project be represented as being funded by Measure "A"/TUMF 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. 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 Page 5 of 10 Contract No. CVAG-23-018 Project: Avenue 50 Bridge from Washington Street to East of the Evacuation Channel Business Enterprise program. All recipients of Federal Highway Administration (FHWA) 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 this Agreement. 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. Page 6 of 10 Contract No. CVAG-23-018 Project: Avenue 50 Bridge from Washington Street to East of the Evacuation Channel 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; sent by certified or registered mail, return receipt requested, postage prepaid; or electronic mail to transportation@cvag.org to the following parties at the following addresses or numbers: If to City of La Quinta: Jon McMillen City Manager City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Telephone: (760) 391-4000 If to CVAG: CVAG 74199 El Paseo, Suite 100 Palm Desert, CA 92260 Telephone: (760) 346-1127 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. 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 Page 7 of 10 Contract No. CVAG-23-018 Project: Avenue 50 Bridge from Washington Street to East of the Evacuation Channel 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. Page 8 of 10 Contract No. CVAG-23-018 Project: Avenue 50 Bridge from Washington Street to East of the Evacuation Channel IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on this date: ATTEST: By: t J cMillen, City Manager ATTEST: By: _ a Tom Kir , txecutive Director CITY OF LA QUINTA By: Linda Evans, Mayor CVAG By: ---� Scott Matas, Chair Page 9 of 10 Contract No. CVAG-23-018 Project: Avenue 50 Bridge from Washington Street to East of the Evacuation Channel EXHIBIT "A" SCOPE OF SERVICES AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF LA QUINTA PLANS, SPECIFICATIONS & ESTIMATES (PS&E), RIGHT-OF-WAY (ROW) AND CONSTRUCTION FOR THE AVENUE 50 BRIDGE FROM WASHINGTON STREET TO EAST OF THE EVACUATION CHANNEL The Scope of Services for this Project includes design, right of way and construction of a new bridge on Avenue 50 Bridge from Washington Street to the East side of the Evacuation Channel. The proposed scope of work for this Project includes design improvements for Avenue 50 to the ultimate condition, with two lanes in each direction, sidewalks, and bike lanes on each side. The intersection traffic signals will be constructed to be consistent with the Regional Traffic Signal Synchronization Master Plan and incorporate best practices consistent with the Regional ATP Design Guidelines. Page 10 of 10 Contract No. CVAG-23-018 Project: Avenue 50 Bridge from Washington Street to East of the Evacuation Channel EXHIBIT "B" ESTIMATE OF COST AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF LA QUINTA PLANS, SPECIFICATIONS & ESTIMATES (PS&E), RIGHT-OF-WAY (ROW) AND CONSTRUCTION FOR THE AVENUE 50 BRIDGE FROM WASHINGTON STREET TO EAST OF THE EVACUATION CHANNEL The total estimated cost for the project after accounting for federal high bridge program funds will be approximately $5,133,000. In accordance with CVAG policy, CVAG agrees to pay 75% of the qualified costs, in this case the estimated as not -to -exceed $3,849,750. The Local Share shall be $1,283,250 as 25% of the project cost, as well as one hundred percent (100%) of all costs not eligible for reimbursement by CVAG. The City of La Quinta as Lead Agency agrees to invoice CVAG for 75% of the eligible project cost. Summary Phase Project Cost Local Share Regional Share after HBP Fund. 25% 751 PS&E $ 1,873,568.00 $ 468,392.00 $ 1,405,176.00 ROW 1 $ 449,000.00 ' $ 112,250.00 J $ 336,750.00 CON 1 $ 2,810,432.00 1 $ 702,608.00 1 $ 2,107,824.00 I TOTAL 1 $ 5,133,000.00 1 $ 1,283,250.00 1 $ 3,849,750.00 1 PS&E= Plans, Specifications & Estimates; ROW= Right -of -Way; CON= Construction Page 11 of 10