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TECHNICAL ADVISORY COMMITTEE AGENDA

Monday, May 9, 2011

11:30 a.m.

CVAG Offices

73-710 Fred Waring Drive, Suite 119

Palm Desert, CA 92260

(760) 346-1127

THIS MEETING IS HANDICAPPED ACCESSIBLE. ACTION MAY RESULT ON ANY ITEMS ON THIS AGENDA.

1. CALL TO ORDER

2. ROLL CALL

A. Member Roster P4

3. PUBLIC COMMENTS

This is the time and place for any person wishing to address the Technical Advisory Committee to do so.

4. TECHNICAL ADVISORY COMMITTEE/ EXECUTIVE DIRECTOR COMMENTS

5. CONSENT CALENDAR

A. Approve the April 11, 2011 Technical Advisory Committee Minutes P5

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B. Recommend Application of TUMF for the Newly Developing Land Use of P9

Solar Power Generation be Clarified on Buildings Associated with the Project

C. Receive and File

1) Status of Five I-10 Interchange Projects P10

2) CVAG Regional Arterial Program – Project Status Report P13 3) CVAG Regional Arterial Program – Contract Status Report P15

4) Executive Committee and Technical Advisory Committee Attendance Roster P17

5) Proposed FY2011/12 Budget P18

6. DISCUSSION/ACTION

A. Update on Contract for Energy Efficiency Green Government Initiative – Katie P19

Barrows

Recommendation: Support completion of a contract for the Green Government Initiative, pending selection of consultants and review of contract by CVAG legal counsel.

B. Amendment Number Two to the Miles Avenue Bridge and Clinton Street P20

Construction Project Agreement – Allyn Waggle

Recommendation: Approve Amendment Number Two to the Miles Avenue Bridge and Clinton Street Construction Project Agreement in the amount Not-to-Exceed $325,000.

C. Replace Future Reimbursement Agreements with Riverside County – Allyn P24

Waggle

Recommendation: Approve the Replacement of Three Future Reimbursement Agreements with the Riverside County Economic Development Agency.

D. Amended Sub-Reimbursement Agreement for the Local Share of Costs for the P38

Interstate 10 Interchange Project at Indian Avenue – Allyn Waggle

Recommendation: Approve Amended Sub-Reimbursement Agreement for the Local Share of Costs for the Interstate 10 Interchange Project at Indian Avenue.

E. Amendment Number Eight to the Agreement to Complete the Indian Avenue/ P47

Interstate 10 Interchange Project – Allyn Waggle

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F. Amended Sub-Reimbursement Agreement for the Local Share of Costs for the P50

Interstate 10 Interchange Project at Ramon Road/ Bob Hope Drive – Allyn Waggle Recommendation: Approve Amended Sub-Reimbursement Agreement for the Local Share of Costs for the Interstate 10 Interchange Project at Ramon Road/ Bob Hope Drive.

G. Establishment of EB-5 Center for Foreign Investment – Rick Daniels

7. LEGISLATIVE UPDATE

8. ANNOUNCEMENTS

Technical Advisory Committee – Monday, June 13, 2011, 11:30 a.m. at 73-710 Fred Waring Drive, Suite 119, Palm Desert.

Executive Committee – Monday, June 6, 2011, 6:00 p.m. at 73-710 Fred Waring Drive, Suite 119, Palm Desert.

Upcoming Meetings at Mission Lakes Country Club, 8484 Clubhouse Blvd., Desert Hot Springs, CA 92240:

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ITEM 2A

Members

City of Blythe David Lane City Manager City of Cathedral City Donald Bradley City Manager City of Coachella David Garcia City Manager

City of Desert Hot Springs Rick Daniels, TAC Chair City Manager City of Indian Wells Greg Johnson City Manager

City of Indio Dan Martinez City Manager City of La Quinta Tom Genovese City Manager City of Palm Desert John Wohlmuth City Manager City of Palm Springs David Ready City Manager City of Rancho Mirage Patrick Pratt City Manager

County of Riverside, Executive Office Alex Gann, TAC Vice Chair Principal Management Analyst

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TECHNCIAL ADVISORY COMMITTEE MINUTES OF APRIL 11, 2011 Page 1 The audio file for this committee meeting can be found at:

http://www.cvag.org/minutes.htm. TECHNICAL ADVISORY COMMITTEE

MINUTES OF THE MEETING APRIL 11, 2011

1. CALL TO ORDER

The April 11, 2011 Technical Advisory Committee meeting was called to order at 11:30 a.m. by Rick Daniels, in the CVAG Conference Room #119, Palm Desert.

2. ROLL CALL

MEMBERS/ALTERNATES PRESENT AGENCY

David Lane City of Blythe

Don Bradley City of Cathedral City Rick Daniels City of Desert Hot Springs

Dan Martinez City of Indio

Tom Genovese City of La Quinta

John Wohlmuth City of Palm Desert

David Ready City of Palm Springs Patrick Pratt City of Rancho Mirage

Alex Gann County of Riverside

Tom Davis Agua Caliente Band of Cahuilla Indians

MEMBERS NOT PRESENT AGENCY

David Garcia City of Coachella Greg Johnson City of Indian Wells

Paul Slama Cabazon Band of Mission Indians

OTHERS PRESENT AGENCY

Larry Parrish

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TECHNCIAL ADVISORY COMMITTEE MINUTES OF APRIL 11, 2011 Page 2 3. PUBLIC COMMENTS

AJ Wilson, League of California Cities/ICMA, encouraged City Managers (or their Assistant Managers) to look at the various committees within ICMA and potentially serve on a committee. Mr. Wilson also invited the TAC members to attend the ICMA annual conference to be held in September in Milwaukee.

4. TECHNICAL ADVISORY COMMITTEE MEMBER AND EXECUTIVE DIRECTOR COMMENTS

Tom Kirk reminded TAC members that the Date Palm Groundbreaking Ceremony would take place on May 13th at 9:00 a.m.

Mr. Kirk announced that AB 307 (Nestande) had passed through the Local Government Committee. AB 307 supports sovereign Indian Nations becoming full members of JPA’s.

Mr. Kirk briefly updated members on the upcoming CVCC meeting, indicating that a number of acquisitions items were on the agenda, as well as the fee issue. This fee will remain level.

5. CONSENT CALENDAR

IT WAS MOVED BY DAVID LANE AND SECONDED BY DAN MARTINEZ TO: A. APPROVE THE MARCH 14, 2011 TECHNICAL ADVISORY COMMITTEE MINUTES B. APPROVE ALLOWING EMPLOYEES TO BORROW AGAINST THEIR DEFERRED

COMPENSATION ACCOUNT

C. APPROVE AMENDMENT TO THE FUNDING AGREEMENT WITH JEWISH FAMILY SERVICES FOR ROY’S DRC, INCREASING THE FY 2010/11 CONTRACT BY $77,398, AND BRINGING THE MAXIMUM REIMBURSABLE AMOUNT TO $1,752,748

C.1 AUTHORIZE RELEASE OF REQUEST FOR PROPOSAL FOR THE USED OIL RECYCLING PROGRAM

THE MOTION CARRIED. D. Receive and File

1) Status of Five I-10 Interchange Projects

2) CVAG Regional Arterial Program – Project Status Report 3) CVAG Contribution to 2011 Coachella Valley Energy Summit 4) Energy Efficiency Green Government Initiative Update

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TECHNCIAL ADVISORY COMMITTEE MINUTES OF APRIL 11, 2011 Page 3 6. DISCUSSION/ACTION

A. Selection of the Budget Sub-Committee for Fiscal Year 2011/12 – Gary Leong

IT WAS MOVED BY DAVID LANE AND SECONDED BY DAVID READY TO APPOINT GREG JOHNSON AND JOHN WOHLMUTH TO THE BUDGET SUB-COMMITTEE FOR FISCAL YEAR 2011/12. THE MOTION CARRIED.

B. Homelessness Committee’s Strategic Plan - Aurora Wilson

IT WAS MOVED BY DAVID READY AND SECONDED BY JOHN WOHLMUTH TO APPROVE THE CVAG HOMELESSNESS COMMITTEE’S STRATEGIC PLAN WITH THE EXCEPTION OF HIRING STAFF. THE MOTION CARRIED.

C. Support for Pilot Feed-in Tariff program to Incentivize Solar Energy and Promote Job Creation – Katie Barrows

IT WAS MOVED BY PATRICK PRATT AND SECONDED BY DAN MARTINEZ TO SUPPORT PILOT COACHELLA VALLEY FEED-IN TARIFF PROGRAM AND REQUEST SUPPORT LETTERS FROM CVAG MEMBER AGENCIES. THE MOTION CARRIED. D. Amendment Number Eight to the Agreement to Complete the Indian Avenue/Interstate

10 Interchange Project – Allyn Waggle

E. Amended Sub-Reimbursement Agreement for the Local Share of Costs for the Interstate 10 Interchange Project at Indian Avenue – Allyn Waggle

F. Amended Sub-Reimbursement Agreement for the Local Share of Costs for the Interstate 10 Interchange Project at Ramon Road/ Bob Hope Drive – Allyn Waggle

IT WAS MOVED BY DON BRADLEY AND SECONDED BY TOM DAVIS TO POSTPONE ITEMS D, E, AND F UNTIL NEXT MONTH. THE MOTION CARRIED WITH DAVID LANE ABSTAINING FROM THE VOTE AND JOHN WOHMUTH VOTING NO.

7. LEGISLATIVE UPDATE

Dave Willmon gave the committee an update on the Governor’s proposed budget efforts and the status of efforts in support of maintaining State Redevelopment Agencies. Mr. Willmon also gave an update on AB 438 that would subject outside contracting services within cities to a public vote.

8. ANNOUNCEMENTS

Technical Advisory Committee – Monday, May 9, 2011, 11:30 a.m. at 73-710 Fred Waring Drive, Suite 119, Palm Desert.

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TECHNCIAL ADVISORY COMMITTEE MINUTES OF APRIL 11, 2011 Page 4 ADJOURNMENT

There being no further business, the meeting adjourned at 12:14 p.m. Respectfully submitted,

Joanna Stueckle

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ITEM 5B

Staff Report

Subject: Consider Clarification of TUMF for Solar Energy Projects Contact: Jim Sullivan, GIS Program Director (jsullivan@cvag.org)

Recommendation: Recommend that the application of TUMF for the newly developing land use of Solar Power Generation be clarified so that TUMF would be charged on buildings associated with the project but not the solar arrays themselves.

Transportation Committee: CONCURS (Meeting of May 2nd)

Transportation Technical Advisory Committee: CONCURS (Meeting of April 25th)

Background: There are several large solar energy projects underway in the Coachella Valley, with the first likely to seek building permits in early summer of 2011. CVAG has been receiving questions about the proper application of TUMF to these projects.

The Institute of Transportation Engineers, Trip Generation, 8th Edition, which is the source for

the Daily Trip Generation Rate upon which the Transportation Uniform Mitigation Fee (TUMF) is calculated, does not currently have a category for solar projects. The daily trip generation rate estimates for solar projects from environmental impact reports and similar documents, is uniformly very low, much less than 1 daily trip per acre. The only large scale study that staff has identified Research study: energy development and the transportation system published by the Colorado Department of Transportation estimates photovoltaic solar fields generate 5 trips per acre annually.

Staff recommends that buildings associated with solar projects be charged TUMF at the appropriate current TUMF rate such as Industrial for maintenance or storage buildings (Industrial is calculated at both $1031.56 per 1,000 square feet of gross floor area and $7.666.40 per acre of improved area, with the highest of those being the TUMF due) or Office Building for office space ($5,187.40 per 1,000 square feet of gross floor area) but that no TUMF be charged on the solar arrays themselves.

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ITEM 5C.1

Staff Report

Subject: Status of I-10 Interchange Projects

Contact: Michael Shoberg, Transportation Program Manager (mshoberg@cvag.org)

Recommendation: Receive and File

Background: Attached is the latest status report for the five interchange projects as of April 27, 2011.

A. Indian Canyon

The eastbound and westbound off ramps have been opened to traffic. The eastbound and westbound on ramps are scheduled for mid-May. Once the ramps are open the new bridge can accommodate traffic.

Future activity includes the following:

The westbound on ramp will be completely closed from Thursday night May 20 to Sunday night May 22 to allow for the construction of the new ramp. There will be no westbound freeway access from Indian Avenue during that time. Check the website at www.i10cvcprojects.com for detours and the latest news.

One or two westbound lanes on I-10 will be closed to allow for work on the underside of the new bridge. A date has not been established.

Traffic may be on the new bridge by mid to late May after to completion of the westbound on ramp.

The existing bridge over the freeway will be taken down which will require freeway closure. It is currently scheduled for after Memorial Day.

B. Gene Autry Trail/Palm Drive

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Future activity includes the following:

Freeway closures will be needed for the falsework erection and removal. That work is tentatively scheduled for late June, early July.

Opening of the new bridge over the railroad is scheduled in the next couple of months. Once open, the old bridge will be closed for rehab work and tie in to the new bridge. C. Date Palm Drive

The Board of Supervisors awarded the contract to SEMA construction at their regular meeting on February 15, 2011. The contract was awarded to SEMA Construction who had a low bid of $14,832,124 which was $4,643,770, or about 24%, below the engineer’s estimate. After the final paperwork is done the notice to proceed will be issued and construction will start. The notice to proceed is scheduled for May 23. Work should start by late May or early June. A preconstruction meeting has been set in early May. The groundbreaking is currently scheduled for May 13 at 9:00 am at the northeast corner of the current interchange.

D. Bob Hope/Ramon Road

Freeway lanes may be closed to allow for work. Work over the railroad continues and falsework and girders placement has started. Stop signs at Varner and Rio Del Sol have been placed. There is now a three-way stop which will remain until the signals are energized.

Future activity includes the following:

It is expected that the Bob Hope section between Ramon Road and Varner Road will be open for traffic this summer. The ramps will not be open until fall.

The completion of the project is scheduled for the end of 2011. E. Jefferson Street

The project lead has officially been changed from the City of Indio to the County. Work continues on the Project Approval and Environmental Document (PA&ED) phase of the project. The new Varner Road connection to Jefferson Street on the west side of Jefferson Street caused a change in the project description which has separated the Varner Road/Jefferson Street intersection and improvements to the City. The interchange project will start about 500 feet south of the Varner/Jefferson intersection. Caltrans and FHWA have agreed to this configuration so that the environmental work can progress. A new environmental report with updated traffic, air quality, noise, biological and other studies needs to be updated because of the new project description. A number of environmental focus meetings have occurred to sort out the details. The schedule for completion of the environmental document is estimated to be April, 2012 but an effort is being made to shorten that timeframe if possible. No other work can be approved until the PA&ED is approved. Construction is anticipated to start in late 2014 or early 2015.

F. SR86S/Airport Boulevard

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Future activity includes the following:

Construction of the approach ramps should start soon.

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Lead Programmed Programmed

Project Description Agency Start Finish Status

Interchanges

Indian Cyn/I-10 PS Oct. 2009 May, 2012 New westbound and eastbound off ramps open, work continues

Palm Dr-Gene Autry TR/I-10 COR Nov. 2009 May, 2012 Work on new bridge over freeway started, railroad bridge work continues

Date Palm/I-10 Various Oct. 2010 Nov. 2012 Ground breaking ceremony 9:00 am May 13, work should start late May

Bob Hope-Ramon/I-10 COR Sept. 2009 Oct. 2011 Project well under way. Deck over railroad being built

Monterey Ramp Improvements PD March 2011 March 2012 In design & environmental, construction Spring 2012

Jefferson/I-10 COR Nov. 2014 Dec. 2016 PA&ED work is starting in ernest

Arterial Links

Monterey Ave. Corridor (fr. Country Club to Dinah Shore) RM July 2009 Dec. 2009 Project complete, final invoices processed, project closed out

Monterey Ave. (fr. I-10 to Ramon) COR Sept. 2008 June 2009 Project complete, final invoices received, project closed out

Ave. 42 (fr. Golf Ctr. Pkwy. To Clinton St.) Indio Jan. 2008 May 2011 Project complete, waiting for final invoices

Jackson St. (fr. I-10 to Ave. 42) Indio April 2008 Dec. 2008 Project complete, project closed out

Jefferson (fr. Hwy. 111 to Indio Blvd.) COR June 2009 Project is complete, final bill received, project closed out

Varner Rd. (fr. Adams to Jefferson) Indio Feb. 2003 Dec. 2013 Project complete except for near Jefferson intersection. Under construction Fred Waring (thru Palm Desert & Indian Wells) IW Sept. 2007 Feb. 2008 Project complete, final bills and close-out received and processed

Fred Waring (Washington to Adams) LQ Project complete, final bills and close-out received and processed

Fred Waring (Adams to Port Maria) COR No schedulte Final signatures received, ready to start design phase

Cook Street Widening (fr. Fred Waring to Frank Sinatra) PD Feb. 2011 Aug. 2011 Project scheduled by City Spring/Summer 2011

Monroe (fr. Ave. 52 to I-10) Indio May 2011 August 2013 Done from I-10 to Ave. 49. Project completion Fall/Winter of 2012/2013.

Madison St. (fr. Ave. 52 to Indio Blvd.) Indio Sept. 2013 Under design and construction section from Miles to Fred Waring on hold

Varner Rd. (fr. Ramon to Monterey) Multi Jan. 2008 July 2010 Project complete, subject to future agreement in 2013

Ave. 50 (fr. Jefferson to Jackson) Indio April 2008 Dec. 2008 Project complete

Miles (fr. WWR to Clinton) COR March 2009 Nov. 2010 Project Complete. Waiting for Final Invoices

SR-111 (fr. Cathedral Cyn. To Date Palm) RCTC Oct. 1997 July 1998 Project is on hold

SR 111 - Phase 2 (Indian Wells) IW May 2011 Sept. 2011 Construction scheduled for summer/fall 2011

SR 111 - Phase 3 (Indian Wells) IW May 2012 Sept. 2012 Construction scheduled for summer/fall 2012

Portola Ave. North of Gerald Ford Drive PD 2012 Project complete, subject to future reimbursement agreement

Bridges

Portola Ave. (at Whitewater Channel) PD Dec. 2006 Project complete, project closed out

Indian Canyon (fr. Garnet to & Incl. RR Crossing) PS May 2011 June 2012 In design

Dillon Road Grade Separation Various Summer 2009 Project complete, waiting for final invoices

Gene Autry (fr. I-10 to Vista Chino incl. WWR & RR crossing) PS Dec. 2011 Bridge over RR under construction in conjunction with interchange work

Indian Canyon (across WWR) PS Nov. 2011 In design, construction Spring/Summer 2011

Miles Ave. at WWR COR May. 2009 Bridge complete waiting for final invoices

Adams Street Bridge LQ Sept. 2010 Aug. 2012 Bids opened on April 7, construction start late Spring/early Summer

Cathedral Canyon Bridge CC PA&ED started in November, 2010

PSR Projects

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Regionial Arterial Program - Project Status Report

5/2/2011

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Da Vall Interchange CC June 2010 July 2011 Under development by TyLin, PSR on hold because of State budget

Portola Interchange PA & ED PD Feb. 2006 March 2011 Completion expected winter/spring of 2012

Monroe Interchange Indio Under development by AECom, PSR on hold because of State budget

Jackson Interchange Indio May 2007 Sept. 2008 Under development by AGA, PSR on hold because of State budget

Golf Center Parkway Interchange Indio May 2007 Dec. 2007 Under development by AECom, PSR on hold because of State budget

Dillon Road/I-10 Interchange COA Sept. 2007 July 2010 PSR Approved

Dillon Road/SR 86S Interchange COA Sept. 2007 Sept. 2010 PSR Approved

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WORK LEAD CVAG CVAG CVAG COMMITTED

PROJECT DESCRIPTION ORDER NO. AGENCY AUTHORIZED EXPENDED FUNDS REMAINING

ARTERIAL LINKS

Avenue 42 (fr. Golf Ctr. Pkwy. to Clinton St.) 30137 INDIO 5,000,000 3,514,960 1,485,040

Varner Road (fr. Adams to Jefferson) 30145 INDIO 7,209,235 5,228,220 1,981,015

Fred Waring (Adams to Port Maria) 30168 LQ 525,000 525,000 0

Cook Street Widening (fr. Fred Waring to Frank Sinatra) 30176 PD 3,000,000 390,313 2,609,687

Monroe (fr. Miles to I-10) 30193 INDIO 10,050,025 5,520,056 4,529,969

Madison Street (fr. Avenue 50 to Indio Blvd.) 30194 INDIO 18,677,500 3,976,063 14,701,437

Miles (fr. WWR to Clinton) 30305 COR 22,100,000 22,053,821 46,179

SR-111 (fr. Cathedral Canyon to Date Palm) 30400 RCTC 5,740,000 5,480,775 259,225 A

SR-111 (Indian Wells) 30410 IW 12,730,337 4,955,158 7,775,179

Portola Avenue (North of Gerald Ford Drive) PD 534,935 0 534,935 F

Vista Chino Drive (PSR) PS 375,000 0 375,000

Varner Road (Intersection Impr. at Ramon Rd.) COR 374,153 0 374,153 F

Varner Road (fr. Ramon Rd. to Monterey Ave.) COR 1,496,605 0 1,496,605 F

Airport Blvd. (fr. Harrison St. to Highway 111) COR 7,898,603 0 7,898,603 F

Sub-Total - Arterial Links 95,711,393 51,644,366 44,067,027

BRIDGES

Indian (fr. Garnet to and incl. Railroad Crossing Bridge) 30235 PS 892,150 225,695 666,455

Avenue 56 Grade Separation 30247 COR 10,000,000 530,966 9,469,034

Dillon Road Grade Separation 30250 VARIOUS 2,880,854 519,787 2,361,067

Gene Autry (fr. I-10 to Vista Chino incl. WWR & Railroad Bridge) 30350 PS 9,304,938 6,525,343 2,779,595

Indian Canyon Dr. (across White Water River Wash) 30370 PS 2,301,000 445,127 1,855,873

Adams Street Bridge 30450 LQ 2,014,035 428,256 1,585,779

Ramon Road Bridge Widening 30500 PS 8,146,500 75,000 8,071,500

Cathedral Canyon Bridge CC 1,895,820 0 1,895,820

Date Palm Drive Bridge CC 1,608,925 0 1,608,925

Avenue 52 Grade Separation COACHELLA 215,625 0 215,625

Avenue 66 Grade Separation COR 500,000 0 500,000

Sub-Total - Bridges 39,759,847 8,750,174 31,009,673

INTERCHANGES

Monterey / I-10 Interchange 30180 PD 5,150,000 2,279,057 2,870,943

Jefferson / I-10 Interchange 30192 COR 11,510,000 2,916,136 8,593,864

Interchange Preparation Fund 30199 VARIOUS 10,449,239 4,311,512 6,137,727

Palm & Date Palm I-10 Interim Projects 30208 COR 1,162,500 572,791 589,709

Date Palm / I-10 Interchange incl. Railroad Bridge 30210 VARIOUS 17,181,000 8,443,166 8,737,834

Bob Hope / Ramon / I-10 Interchange 30212 CALTRANS 7,550,000 216,000 7,334,000

Palm Dr. / Gene Autry / I-10 Interchange 30220 COR 25,931,000 6,262,556 19,668,444

Indian / I-10 Interchange 30230 PS 3,142,835 1,960,693 1,182,142

Dillon Road/I10 Interchange & Dillon Road/SR86S Interchange COACHELLA 149,239 0 149,239

Sub-Total - Interchanges 82,225,813 26,961,911 55,263,902

GRAND TOTAL $217,697,053 $87,356,451 $130,340,602

A - Advanced monies. F - Future reimbursements.

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Regional Arterial Program - Contract Status Report

Report as at April 30, 2011

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WORK LEAD CVAG CVAG

PROJECT DESCRIPTION ORDER NO. AGENCY AUTHORIZED EXPENDED EXCESS FUNDS

Completed Projects - Prior years 9,038,848 8,980,333 58,515

Completed Small Projects 721,492 721,492 0

ARTERIAL LINKS

Fred Waring (Jefferson to Madison) 30040 INDIO 2,179,991 1,323,981 856,010

Bob Hope (fr. Agua Caliente Casino to Dinah Shore) 30084 RM 3,100,000 2,794,343 305,657

Monterey Avenue (fr. I-10 to Ramon Road) 30092 COR 1,135,000 1,135,000 0

Palm Dr. (fr. I-10 to Two Bunch Palms) 30120 COR 3,542,360 1,200,291 2,342,069

Ave. 48 (fr. Washington to Dune Palms) 30129 LQ 1,273,778 1,273,778 0

Ave. 48 (from Dune Palms to Jefferson) 30130 LQ 594,900 594,900 0

Jackson Street (fr. I-10 to Ave. 42) 30139 INDIO 1,650,000 926,409 723,591

Jefferson (fr. Ave. 54 to Hwy 111) 30140 MULTI 11,746,245 11,257,715 488,530

Jefferson (fr. Hwy 111 to Indio Blvd.) 30140 COR 23,548,232 14,445,552 9,102,680

Fred Waring (Washington to Adams) 30167 LQ 1,345,847 1,345,426 421

Half Cook / Half Frank Sinatra 30175 PD 1,105,181 1,041,781 63,400

Monterey / Country Club Intersection 30425 PD 350,000 350,000 0

Washington (fr. 500' of La Quinta Evac. Channel to Ave. 50) 30191 LQ 1,647,184 (Cancelled - reimb. applied to another project)

Ramon Road (fr. Da Vall to Bob Hope) 30214 MULTI 3,125,000 2,981,765 143,235

Indio Boulevard 30307 INDIO 1,553,000 1,553,000 0

Fred Waring (through City of Palm Desert & Indian Wells) 30166 IW 28,683,938 27,578,308 1,105,630

Golf Center Parkway (GCP)(bet. UPRR and Indio Springs Parkway) 30149 INDIO 2,450,000 915,885 1,534,115

Jefferson Street (Intersection Impr. at Varner Rd.) INDIO 2,450,000 (Cancelled - amount moved to GCP project.)

Monterey Avenue Corridor (fr. Country Club to Dinah Shore) 30091 RM 2,500,000 2,107,593 392,407

Avenue 50 (fr. Jefferson St. to Jackson St.) 30239 INDIO 550,000 521,010 28,990

Sub-Total - Arterial Links 94,530,656 73,346,736 17,086,736

BRIDGES

Fred Waring Dr. (fr. Madison to Monroe incl. Bridge over WWR) 30010 INDIO 8,600,896 7,681,486 919,410

Monterey Bridge @ WWR 30020 PD 4,391,274 3,919,559 471,715

Ave. 52 (fr. SR-111 to new SR-86, incl. Bridge over WWR) 30030 COA 2,091,274 1,815,240 276,034

Portola Avenue Bridge (at Whitewater Channel) 30177 PD 7,450,000 6,633,506 816,494

Miles Ave. Bridge 30300 COR 100,000 9,937 90,063

Avenue 48 (American Canal Bridge) 30135 INDIO 862,756 862,756 0

Sub-Total - Bridges 23,496,200 20,922,484 2,573,716

INTERCHANGES

Cook / I-10 Interchange 30170 PD 19,867,740 16,439,670 3,428,070

Monterey / I-10 Interchange 30180 COR 21,676,786 20,113,288 1,563,498

Washington / I-10 Interchange 30190 COR 14,147,790 13,320,582 827,208

PSR - 4 interchanges (indian, Palm Dr., Date Palm, Ramon) 30199 COR 600,000 419,075 180,925 B

Ramon / I-10 Interchange (Bob Hope to Varner) 30212 Caltrans 11,710,000 0 11,710,000 C

Ramon / I-10 Interim Loo p Ramp / Signal Project 30217 COR 100,000 100,000 0

Avenue 50 / I-10 (McNaughton) Interchange 30245 COACHELLA 1,250,000 (Project cancelled)

Sub-Total - Interchanges 69,352,316 50,392,615 17,709,701

MID-VALLEY PARKWAY

Mesquite (fr. GAT to Dinah Shore incl. Dinah Shore Bridge) 30060/70 PS/CC 15,246,583 14,520,220 726,363

Dinah Shore (fr. Date Palm to Plumley) 30079 CC 780,928 780,928 0

Dinah Shore (fr. Plumley to Bob Hope) 30080/82/83 MULTI 4,642,875 2,953,163 1,689,712

Bob Hope (fr. Frank Sinatra to Dinah Shore) 30090 RM 1,969,000 1,141,365 827,635

Airport Extension Stage II 30100 PS 2,641,600 2,635,916 5,684

Sub-Total - Mid-Valley Parkway 25,280,986 22,031,592 3,249,394

OTHER

Feasibility Study (for Gene Autry/Vista Chino/Indian) 30050 PS 90,000 89,989 11

Sub-Total - Other 90,000 89,989 11

GRAND TOTAL $222,510,498 $176,485,241 $40,678,073

B - Local contributions of $200,000 by jurisdictions C- Funded by STIP

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Regional Arterial Program - Contract Status Report (Completed Projects)

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ITEM 5C.4

CVAG JURISDICTION JAN FEB MAR APR MAY(JUN6) JUN JUL SEP OCT DEC

Blythe -  

Cathedral City -   

Coachella -   

Desert Hot Springs -   

Indian Wells -    Indio -    La Quinta -    Palm Desert -    Palm Springs -    Rancho Mirage -    Riverside County -        

Agua Caliente Band of Cahuilla Indians -  

Cabazon Band of Mission Indians

-Torres Martinez Desert Cahuilla Indians

-CVAG JURISDICTION JAN FEB MAR APR MAY JUN JUL SEP OCT NOV

Blythe -   

Cathedral City -   

Coachella -  

Desert Hot Springs -   

Indian Wells -   Indio -    La Quinta -    Palm Desert -    Palm Springs -    Rancho Mirage -    Riverside County -   

Agua Caliente Band of Cahuilla Indians

-Cabazon Band of Mission Indians

-Absent

2011 EXECUTIVE COMMITTEE ATTENDANCE ROSTER

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ITEM C.5

Staff Report

Subject: Proposed FY2011/12 Budget

Contact: Gary Leong, Director of Administrative Services (gleong@cvag.org)

Recommendation: No action is required at this time.

Background: The Proposed FY 2011/12 Budget will be mailed to each member at least two weeks before to the June meeting for your review. The TAC Budget Sub-Committee, which consists of Greg Johnson and John Wohlmuth, will be meeting prior to the mailing out of the Budget and their recommendations will be incorporated.

We will ask for approval of the Budget at the June 13th TAC Meeting.

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ITEM 6A

Staff Report

Subject: Update on Contract for Energy Efficiency Green Government Initiative Contact: Katie Barrows, Director of Environmental Resources (kbarrows@cvag.org)

RECOMMENDATION: Support completion of a contract for the Green Government Initiative, pending selection of consultants and review of contract by CVAG legal counsel.

BACKGROUND: We continue to move forward on implementation of the Green Government Initiative supported by $4.91 million dollars in funding from Southern California Edison (SCE) and the California Public Utilities Commission (CPUC). CVAG released a request for proposals (RFP) and received 15 proposals by the April 20, 2011 deadline. A selection committee composed of staff from the cities of Indian Wells, Palm Desert, and Rancho Mirage is interviewing prospective consultants during the weeks of April 25 and May 2. The selection committee is expected to make a decision by May 13. Once the selection committee makes a decision, CVAG staff will negotiate a contract with the consultants they select; one or more consultants may be selected for the three elements described in the RFP. Due to the long time required to get CPUC approval, the time to implement the scope of work is condensed. The contract is scheduled for the June 6, 2011 Executive Committee agenda. At the April 25 Executive Committee meeting, the Executive Director was authorized to enter into an interim contract in an amount not to exceed $7,500 with the selected consultant for required report preparation prior to Executive Committee consideration of the full contract on June 6.

The funding for the program is to assist CVAG jurisdictions served by SCE. The Green Government Initiative will provide:

 Climate/Energy Action Plans required by AB32 - Region and Local

 Greenhouse Gas Inventory required by AB32 – For Participating Jurisdictions

 Cost Effective Green Building Code Policy stronger than Title 24 by 15% - Region and Local  Funding for Staff work on the Initiative

 Education and Workshops; Interns to assist with program

 Energy Action Plan to reduce municipal energy cost based on Return on Investment  Software to manage facility energy use

The contract(s) will be from May/June 2011 to November 2012, the time period provided by the CVAG contract with SCE for implementation of this program. CVAG staff is in the process of setting up individual meetings with city staff (Desert Cities Energy Partnership liaison, Planning, Building & Safety, Engineering, and Public Works) to review the Green Government Initiative implementation plan. We will also be working with your staff to schedule presentations to the City Councils in participating jurisdictions (Agua Caliente Band of Cahuilla Indians, Blythe, Cathedral City, Desert Hot Springs, Indian Wells, Palm Springs, Rancho Mirage) at an appropriate time in the next several months. A presentation on this program will be made to the Energy and Environmental Resources Committee at their June 9 meeting.

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ITEM 6B

Staff Report

Subject: Amendment Number Two to the Miles Avenue Bridge and Clinton Street Construction Project Agreement

Contact: Allyn Waggle, Deputy Executive Director (awaggle@cvag.org)

Recommendation: Approve Amendment Number Two to the Miles Avenue Bridge and Clinton Street Construction Project Agreement in the amount Not-to-Exceed $325,000. Transportation Committee: CONCURS (Meeting of May 2nd.)

Background: !n July 2001 CVAG initially entered into an agreement with Riverside County and the City of Indio to construct a four lane bridge over the Whitewater River channel on Miles Avenue and to improve Miles Avenue, to Clinton Street, and to reconstruct and widen Clinton Street north to Fred Waring Drive.

In November 2005 the City of Indio requested an amendment to the original agreement. Indio requested the project be completed in phases, with the Indio portion, the bridge across the Whitewater Channel and its approaches, being the first phase. At that time the estimate to construct only the Miles Avenue Bridge was $13 Million. The Transportation Committee approved an amendment to the original agreement but, at Indio’s request, the recommendations of the Transportation Committee did not proceed for further consideration.

In June 2007 Riverside County, on behalf of the City of Indio, requested that CVAG amend the original agreement to provide that the then updated project costs of $22 Million be split at 75% CVAG regional funds, with the remaining 25% being split equally between Indio and the County. The Transportation Committee approved a Replacement Agreement for the Miles Avenue Bridge and Clinton Street Construction Project which set aside all previous commitments by CVAG and eliminated any confusion of terms which were raised regarding the 2001 agreement. The Replacement Agreement set the total project cost at $22,000,000, and provided that the cost split would be 75% CVAG Regional funds, with the remaining 25% of project costs to be split equally between the City of Indio and Riverside County. The Replacement Agreement further provided that CVAG would loan both jurisdictions their share of the 25% of local costs with repayment over ten years, plus simple interest set at LAIF rates.

In July 2008 the Executive Committee approved Amendment Number One to the Replacement Agreement in the amount of $100,000 to replace and relocate a conflicting waterline, increasing the project costs to $22,100,000.

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now proposes Amendment Number Two to the agreement to add the Not-to-Exceed amount of $325,000 to the project costs, for a total of $22,425,000.

FISCAL ANALYSIS: Now that the Miles Avenue Bridge and Clinton Street Construction Project is completed, CVAG will begin invoicing the City of Indio and Riverside County for their shares of the 25% Local Share of the project costs. In accordance with the 2007 Replacement Agreement the first annual payment will be due by July 30th of the first fiscal year following project completion. In this case, the first annual payment to CVAG by the City of Indio and Riverside County will be due by July 30, 2011. The first annual payment will be based on approved Agreements and Amendments, including this Amendment Number Two. All remaining annual payments will be due by July 30th of each of the following fiscal years. Future annual payments will be based on the final total cost of the Miles Avenue Bridge and Clinton Street Construction Project.

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AMENDMENT NUMBER TWO for the

Agreement for the Miles Avenue Bridge and Clinton Street Construction Project County of Riverside - City of Indio - CVAG

THIS AMENDMENT NUMBER TWO is made and entered into this _______ day of ____________, 2011, by and between the County of Riverside (Lead Agency), the City of Indio ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG").

This Amendment Number Two approves additional work and obligates and authorizes for expenditure funds not previously authorized under the terms of the existing Reimbursement Agreement, approved by CVAG’s Executive Committee on June 4, 2007, nor Amendment Number One approved by CVAG’s Executive Committee on July 28, 2008. This Amendment Number Two increases the total project cost by an amount not to exceed $325,000 as shown in Exhibit A - Estimate of Cost. All other provisions of the original Reimbursement Agreement and Amendment Number One remain in force.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number Two to be executed by their duly authorized representatives on this date:

ATTEST: COUNTY OF RIVERSIDE

By: By: __________________________ Clerk to the Board Chairman of the Board of Supervisors

ATTEST: CITY OF INDIO

By: __________________________ By: __________________________

City Clerk Mayor

ATTEST: CVAG

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EXHIBIT A for

AMENDMENT NUMBER TWO to the

Agreement for the Miles Avenue Bridge and Clinton Street Construction Project County of Riverside - City of Indio - CVAG

Original Reimbursement Agreement - Total Project Cost $22,000,000 Amendment Number One - Total Estimated Cost $ 100,000 Amendment Number Two - Total Estimated Cost $ 325,000

Total Project Cost $22,425,000

CVAG Regional Share (75%) - Not to Exceed $16,818,750

By separate agreement, the County of Riverside and the City of Indio have agreed to evenly divide the Local Share (25%) of project costs.

County of Riverside - Not to Exceed $ 2,803,125

City of Indio - Not to Exceed $ 2,803,125

Pursuant to the 2007 Replacement Agreement:

The Project costs are to be apportioned at 75% CVAG Regional Funds and 25% local jurisdiction costs to be equally divided between the City of Indio and Riverside County. Loans are authorized to the City of Indio and to Riverside County for their 25% of local project costs, to be repaid over 10 years, plus simple interest set at Local Agency Investment Fund rates, adjusted annually, in accordance with CVAG policy.

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ITEM 6C

Staff Report

Subject: Replace Future Reimbursement Agreements with Riverside County Contact: Allyn Waggle, Deputy Executive Director (awaggle@cvag.org)

Recommendation: Approve the Replacement of Three Future Reimbursement Agreements with the Riverside County Economic Development Agency.

Transportation Committee: CONCURS (Meeting of May 2nd)

Background: In December 2007 the Executive Committee approved three Future Reimbursement Agreements with the Riverside County Economic Development Agency. CVAG’s Future Reimbursement Policy, Policy 07-05, utilized the project priority ranking of regional, buildable road segments listed in the 2005 update of the Transportation Project Prioritization Study (TPPS), which assigned a Priority Point ranking of 16.0 Points to the highest ranked regional road segment, and 4.0 Priority Points to the lowest ranked segment. This Priority Point ranking was used to determine when a project was eligible to be funded with regional transportation funds. Likewise, the 2005 update of the Regional Arterial Cost Estimate (RACE) estimated the cost, in 2005 dollars, to construct each of the regional road segments listed in the TPPS. The 2005 TPPS and RACE were then used as part of a Nexus Study Report, which became the justification for considering an increase to the Transportation Uniform Mitigation Fee (TUMF).

Since the Nexus Study Report identified an approved revenue stream through 2030, and it included the entire TPPS and RACE, staff applied those streams of information to create a graphical representation of an approximate fiscal year when each of the Priority Point numbered projects should be able to be reimbursed by CVAG under a Future Reimbursement Agreement. In 2007 the Riverside County Economic Development Agency (EDA) requested funding support from CVAG for improvement of Varner Road, from Ramon Road to Monterey Avenue, and for the intersection improvements at Ramon Road and Varner Road. In another letter, EDA also requested funding support from CVAG for improvement of Airport Boulevard (Avenue 56), from Harrison Street to Highway 111.

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According to the Future Reimbursement Policy, the date of CVAG’s reimbursement of allowable costs for the improvement of Varner Road (East), from Ramon Road to Monterey Avenue, will be in Fiscal Year 2021/ 2022. The date of CVAG’s reimbursement of allowable costs for the intersection improvements at Ramon Road and Varner Road will be in Fiscal Year 2012/ 2013. The earliest date of CVAG’s reimbursement of allowable costs for the improvement of Airport Boulevard (Avenue 56), from Harrison Street to Highway 111, will be in Fiscal Year 2027/ 2028. The three Future Reimbursement Agreements were prepared and circulated for signature after they were approved. However, the agreement documents were never signed, due to a variety of reasons, a principal one being there was no estimate of costs at the time which could be entered in the agreements, preventing the opportunity to plan the expenditure.

The Design and Engineer’s Estimate has now been completed on the Airport Boulevard improvements, with a cost estimate of $10,531,470. Construction work should begin later this year. In accordance with the Future Reimbursement Agreement, the CVAG 75% Regional Share of qualified costs for this project ($7,898,603) will be eligible for reimbursement in Fiscal Year 2027/ 2028.

Substantial work has been undertaken on the Varner Road (East) project, excluding the intersection at Ramon Road. A cost estimate for the entire project has now been prepared and can be entered in the agreements. The improvement of Varner Road (East), from Ramon Road to Monterey Avenue is estimated to cost $2,494,343. The CVAG 75% Regional Share of qualified costs ($1,870,758) will be eligible for reimbursement in Fiscal Year 2021/ 2022.

Cost for the proposed intersection improvements at Ramon Road and Varner Road are included in the construction cost estimate for a project for Varner Road (West), from Ramon Road to Rio Del Sol. Riverside County has now issued a contract to begin that road work, to tie in to the new improvements to Varner Road at Rio Del Sol resulting from construction of the Bob Hope Drive interchange project. The Varner Road (West) Improvement Project, including the intersection at Ramon Road, has been awarded for $1,552,000. The 75% Regional Share of qualified costs for the intersection work will be eligible for reimbursement in Fiscal Year 2012/ 2013. CVAG staff will require an accurate breakdown of payments to separate the eligible costs of improving the Varner Road/ Ramon Road intersection from the costs of the Varner Road (West) roadway construction.

Other minor changes in all the agreements are also recommended. This scope of change is sufficiently different from the original agreements that staff is now recommending the replacement of all three Future Reimbursement Agreements. Attached for review is one of the Future Reimbursement Agreements. All the agreements are similar, subject to the particular project.

Fiscal Analysis: There is no additional cost as a result of substituting the three Replacement Future Reimbursement Agreements named above. The Future Reimbursement Agreement Policy, Policy 07-05, is no longer in effect as the 2010 update of the TPPS has been adopted, voiding the 2005 TPPS, and Policy 07-05 does not apply to projects approved for funding in the update.

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County of Riverside-CVAG Future Reimbursement Agreement Varner Rd. (Ramon to Monterey) Page1 CVAG – REDEVELOPMENT AGENCY FOR THE COUNTY OF RIVERSIDE

FUTURE (FISCAL YEAR 2021/2022) REIMBURSEMENT AGREEMENT

“VARNER ROAD IMPROVEMENT PROJECT (RAMON ROAD TO MONTEREY AVENUE)” DESIGN, RIGHT-OF-WAY & CONSTRUCTION

THIS AGREEMENT is made and entered into this ___ day of _______________, 2011, by and between the Redevelopment Agency for the County of Riverside, (“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 UpdateTransportation 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; and

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; and

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; and

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County of Riverside-CVAG Future Reimbursement Agreement Varner Rd. (Ramon to Monterey) Page2

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. This project will receive future funding in Fiscal Year 2021/2022 contingent upon the availability of funds.

2.

The Project is generally described and referred to as “Varner Road Improvement Project from Ramon Road to Monterey Avenue”, hereinafter the “Project.”

3.

Any excess property purchased to secure the necessary right-of-way for the Project will be shared between the Agency and the Regional Arterial Program proportionately according to the funding of the purchase by each jurisdiction participating in the project. Excess property will be disposed of in the best interests of the Regional Arterial Program, in order to recapture funds expended. Any recaptured funds will reduce the overall cost of the project”.

4.

The scope of work for 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 will be more particularly described in Exhibit “B,” entitled “Estimate of Cost.” The cost estimate will include 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,” will be attached by amendment at such time as the “Project Schedule” is finalized.

5.

It is the agreement between CVAG and Agency that, of the total Agency share for the cost of the Project, CVAG shall pay not-to-exceed $1,870,758 in FY 2021/2022, 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 IV, “Cost Determination/Expense Eligibility,” of the CVAG Policy and Procedures Manual, as amended and in effect at the time of reimbursement.

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.

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County of Riverside-CVAG Future Reimbursement Agreement Varner Rd. (Ramon to Monterey) Page3

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 payment 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 in Fiscal Year 2021/2022.

6.4 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 Fiscal Year 2022/2023 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. 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,” when this Agreement is amended to incorporate 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.

The term of this Agreement shall run from the date first set out above through June 30, 2022, unless sooner terminated by the parties pursuant to section 12 below.

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County of Riverside-CVAG Future Reimbursement Agreement Varner Rd. (Ramon to Monterey) Page4

12.

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.

12.1 Any warranty, representation, statement, report or certificate made or delivered to one party by the other party, or by one of the other party’s officers, employees or agents now or hereafter which is incorrect, false, untrue or misleading in any material respect;

12.2 A party 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

12.3 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.

13.

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.

14.

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.

15.

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. Exhibit “D,” “Project Sign,” provides a guide for Project Sign format.

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County of Riverside-CVAG Future Reimbursement Agreement Varner Rd. (Ramon to Monterey) Page5

17.

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.

18.

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.

19.

Any agency receiving federal funds must have an approved Disadvantaged 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.

20.

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.

21.

This Agreement may not be assigned without the express written consent of CVAG first being obtained.

22.

Agency, its successors in interest and assigns shall be bound by all the provisions contained in this Agreement.

23.

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.

24.

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.

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County of Riverside-CVAG Future Reimbursement Agreement Varner Rd. (Ramon to Monterey) Page6

corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any state, federal or local law.

26.

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.

27.

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: Redevelopment Agency for the County of Riverside 44-199 Monroe Street, Suite B

Indio, California 92201

Attn: 4th District Regional Manager Telephone: (760) 863-2552

FAX No.: (760) 863-2551

If to CVAG: CVAG

73-710 Fred Waring Drive Palm Desert, CA 92260

Attn: Deputy Executive Director Telephone: (760) 346-1127 FAX No.: (760) 340-5949

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.

28.

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.

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County of Riverside-CVAG Future Reimbursement Agreement Varner Rd. (Ramon to Monterey) Page7

30.

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.

31.

Time is of the essence in this Agreement, and each and every provision hereof in which time is an element.

32.

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.

33.

Upon approval of the Board of Directors, 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.

34.

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.

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County of Riverside-CVAG Future Reimbursement Agreement Varner Rd. (Ramon to Monterey) Page8

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on this date:

ATTEST REDEVELOPMENT AGENCY

FOR THE COUNTY OF RIVERSIDE

By: __________________________ By: __________________________ Clerk to the Board Chairman,

Board of Directors

ATTEST: CVAG

By: _______________________________ By: __________________________

Tom Kirk, Yvonne Parks,

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County of Riverside-CVAG Future Reimbursement Agreement Varner Rd. (Ramon to Monterey) Page9 EXHIBIT "A"

SCOPE OF SERVICES

FUTURE (FISCAL YEAR 2021/2022) REIMBURSEMENT AGREEMENT

“VARNER ROAD IMPROVEMENT PROJECT (RAMON ROAD TO MONTEREY AVENUE)” DESIGN, RIGHT-OF-WAY & CONSTRUCTION

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County of Riverside-CVAG Future Reimbursement Agreement Varner Rd. (Ramon to Monterey) Page10 EXHIBIT "B"

ESTIMATE OF COST

FUTURE (FISCAL YEAR 2021/2022) REIMBURSEMENT AGREEMENT

“VARNER ROAD IMPROVEMENT PROJECT (RAMON ROAD TO MONTEREY AVENUE)” DESIGN, RIGHT-OF-WAY & CONSTRUCTION

Funding agreed upon as follows:

1. CVAG Share (75%) - $1,870,758 2. Agency Share (25%) - $623,585

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County of Riverside-CVAG Future Reimbursement Agreement Varner Rd. (Ramon to Monterey) Page11 EXHIBIT "C"

PROJECT SCHEDULE

FUTURE (FISCAL YEAR 2021/2022) REIMBURSEMENT AGREEMENT

“VARNER ROAD IMPROVEMENT PROJECT (RAMON ROAD TO MONTEREY AVENUE)” DESIGN, RIGHT-OF-WAY & CONSTRUCTION

Design is complete

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County of Riverside-CVAG Future Reimbursement Agreement Varner Rd. (Ramon to Monterey) Page12 EXHIBIT "D"

"PROJECT SIGN"

FUTURE (FISCAL YEAR 2021/2022) REIMBURSEMENT AGREEMENT

“VARNER ROAD IMPROVEMENT PROJECT (RAMON ROAD TO MONTEREY AVENUE)” DESIGN, RIGHT-OF-WAY & CONSTRUCTION

The Project 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 $ x,xxx,xxx

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ITEM 6D

Staff Report

Subject: Amended Sub-Reimbursement Agreement for the Local Share of Costs for the Interstate 10 Interchange Project at Indian Avenue

Contact: Allyn Waggle, Deputy Executive Director (awaggle@cvag.org)

Recommendation: Approve Amended Sub-Reimbursement Agreement for the Local Share of Costs for the Interstate 10 Interchange Project at Indian Avenue.

This item was continued from the March 14, and April 11, 2011 Technical Advisory Committee meetings.

Transportation Committee: CONCURS (Meeting of April 4th)

Background: In December 2009 the Executive Committee approved an agreement with Urban Crossroads for the Proportionate Cost Share Analysis for the Bob Hope Drive/ Ramon Road/ I-10 and the Indian Canyon/ I-I-10 Interchange Projects in an Amount Not to Exceed $17,165.12. That analysis has been completed and the results are available.

In September 2003, the Executive Committee approved the results of an earlier, identical analysis for these interchanges as well as the I-10 interchanges at Palm Drive/ Gene Autry Trail, at Date Palm Drive and at Jefferson Street. In both instances, this analysis is meant to reflect that the improvement of these five interchanges will benefit not only the jurisdictions in which they are located, but any jurisdiction in the near vicinity. Based on this earlier analysis, the Executive Committee adopted a distribution formula for the 25% local share of costs, and CVAG entered agreements with the appropriate jurisdictions for payment of those costs.

However, after several years of planning and design, when the interchange projects were advertised for bids, oftentimes property in the service area of the projects had been incorporated into a city’s boundary, or the land use changed, thus changing the traffic load. Since these changes were not reflected in the adoption of the earlier distribution formula, it was determined a more equitable process would be to conduct a proportionate share analysis nearer the actual construction date so that up-to-date information regarding jurisdiction and land use could be included in the analysis.

References

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