HomeMy WebLinkAboutC27960 Reimbursement Agmt CVAG Potola Ave XtnsnContract No. C27960
REQUEST:
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
Authorize the Mayor to execute the Reimbursement Agreement and
Amendment No. 1 between City of Palm Desert and the Coachella
Valley Association of Governments for the Portola Avenue
extension from Gerald Ford Drive to Dinah Shore Drive.
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: July 10, 2008
CONTENTS: Reimbursement Agreement
Amendment No. 1 to Reimbursement Agreement
Vicinity Map
Recommendation:
By Minute Motion, Authorize the Mayor to execute the
Reimbursement Agreement and Amendment No. 1 between City of
Palm Desert and the Coachella Valley Association of Governments
(CVAG) for the Portola Avenue extension from Gerald Ford Drive to
Dinah Shore Drive.
Discussion:
As part of the Section 29 Assessment District infrastructure improvements, the
termination of Portola Avenue was extended from Gerald Ford Drive to Dinah Shore
Drive. The City was responsible for funding one third of the costs related to the
extension. At the February 22, 2007 Council meeting, Council approved the
appropriation and expenditure of $713,246.44 for the City's share. The extension of
Portola was completed earlier this year.
CVAG participates in the funding of transportation projects which improve major
arterials or thoroughfares. In 2005, CVAG conducted an update of the Transportation
Project Prioritization Study (TPPS) to prioritize the various street segments throughout
the Coachella Valley which need to be constructed or improved. The segment of
Portola Avenue from Gerald Ford Drive to Dinah Shore Drive ranked low in the study
(9 points out of 16 points). The project will still be funded by CVAG at a 75%
reimbursement rate. However, due to the low ranking, the timing of the
reimbursement is less than ideal. The reimbursement will not be paid until CVAG
starts reimbursing other projects ranked 9 or Fiscal Year 2021/2022, whichever comes
first. There are about one hundred projects ranked higher than this project.
Reimbursement Agreement for Portola Avenue — Gerald Ford to Dinah Shore
July 10, 2008
Page 2 of 2
Below is a summary of the project and reimbursement agreement plus amendment
No. 1.
• The project consisted of the construction of a six lane extension of Portola
Avenue from Gerald Ford Drive to Dinah Shore Drive.
• Palm Desert was the lead agency for the project.
• CVAG's share shall be 75% of eligible costs up to a maximum of $534,934.83.
• CVAG shall pay their portion on a reimbursement basis.
Therefore, staff recommends that the City Council, by minute motion, authorize the
Mayor to execute the reimbursement agreement and amendment No. 1 between City
of Palm Desert and CVAG related to the Portola Avenue extension from Gerald Ford
Drive to Dinah Shore Drive.
Fiscal Impact: The City will be reimbursed 75% of the allowable expenditures,
up to a maximum of $534,934.83, possibly as late as 2021/2022.
Prepared By:
Rya Gayl
Pr 'ect Ainistrator
Approval:
Homer Croy
ACM for Deve
Carlos L. Ort
City Manager
Department Head:
Mark Greerinvood, P.E.
Director of Public Works
aul S. Gibson
ent Services Director of Finance
ITY COUNCIL ACTION:
APPROVED ✓ DENIED _
RECEIVED OTHER
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lriginal on File Wth City Clerk's OffirE
G:1PubWorkslRyan GaylerlWord Files\Staff ReportslAuth Mayor to execute agmt - Portola extension CVAG.doc
Contract No. C27960
CVAG - CITY OF PALM pESERT
FUTURE REIMBURSEMENT AGREEMENT
PORTOLA AVENUEIMPROVEMENT PROJECT
FROM GERALD FORD DRIVE TO DINAH SHORE DRIVE
DESIGN, RIGHT-OF-WAY & CONSTRUCTION
THIS AGREEMENT is made and sntered into this day of , 2007,
by and between the City of Palm Desert (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 Transportafion Study," a valley-wide study prepared under
the auspices of CVAG, has identified various transportation and highway projects throughout
the Coachella Valley as projects of regional importance. These projects are listed in the 2005
Update Transportation Project Prioritizafion Study document; and
Approva] 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, 20�0, has created a source af funds with which to construct such projects; and
CVAG, by agreemenf with its member agencies and with the Riverside County
Transportation Commission (RCTC}, has been designated as the agency through which such
funds are to be conveyed and disbursed for the purpose of completing said regional
transportation projects; and
The CVAG Executive Committee, on July 31, 2006, approved the implementation of the
amended Transportation Uniform Mitigation Fee ("TUMF"} Ordinance to increase the collected
TUMF, effective January 1, 2007.
Under CVAG's policy of funding eligible projects by member jurisdictions, effective
January 1, 2007, a jurisdiction pays one-quarter of the efigible costs (the "Jurisdiction One-
Quarter"} and CVAG pays the other three-quarters (the"CVAG Three-Quarters"). Historically,
the CVAG Three-Quarters has been paid as a reimbursement to the jurisdiction, as invoices are
submitted and approved.
CVAG has determined that as to member jurisdictions fhat do not participate in the
TUMF program, projects will continue to go forward under the existing Reimbursement Policy.
Agency desires to proceed with a project known as "Portola Avenue Improvement
Project from Gerald Ford Drive to Dinah Shore Drive" {fhe "Project"). The estimated cost of the
Project is �2,139,739.33, of which the City of Palm Desert is responsible for $713,247. CVAG's
share of Project City's costs is not-to-exceed $ 534,934.83.
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 the CVAG Z005
updated list of projects. The Project is one of those projects and is therefore eligible.
City of Palm l�esert-CVAG Future Reimbursement AgreemenE/Portola Av.Gerald Ford to Dinah.Shore Pagef
Contract no. C27960
The Project is generally described and referred to as "Portola Avenue Improvemenf Project from
Gerald Ford Drive to Dinah Shore Drive", hereinafter the"Project."
Any excess property purchased to secure the necessary right-of-way for the Project will �e
deemed fo belong to the Regional Arterial Program. Excess property will be disposed of in the
best interests of the Regional Arterial Program in orderto recapture funds expended.
The scope of work for the Project is more particularly described in Exhibif "A," entitled "Scope of
Services," attach�d hereto and made a part hereof. The cost estimate for the Projecf is more
particularly described in Exhibit "B," entitled "Estimate of Cost," attached hereto and made a part
hereof. The cost estimafe includes a calculation intended to allow Agency to recover an amount
representing the time of its employed staff in working on the Project, as well as the amount
Agency shall pay to outside contractors in connection with the Project. Subject to the terms
herein and alf applicable rules regarding allowed costs, the amount of#he Jurisdiction One-
Quarter and the CVAG Three-Quarters shall be calculated by reference to the cost estimates as
shown on Exhibit"B." Exhibit "C," attached hereto and made a part hereof, is fhe "Project
Schedule."
It is the agresment between CVAG and Agency that, of the fotal Agency share for the cost of
the Project ($713,246.44), CVAG shall pay not-to-exceed $534,934.83, and Agency shall pay its
remaining Jurisdiction One-Quarter of covered costs, as weil as one hundred percent (100%) of
all costs not eligible for reimbursement by CVAG.
Agency agrees to seek reimbursement of seventy-five percent of on(y those costs, up to the not-
to-exceed limif, which are eligible for reimbursement by CVAG, as outlined in Section IV, "Cost
Determination/Expense Eligibility," of the CVAG Policies and Procedures Manual.
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 efigible costs assaciated 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 paymen# 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 nof more often than monthly and not
less often than quarterly.
Agency shall, at the design stage of the Project, identify a project specific ratio "Project Ratio"
for the construction phase of the project fhat distinguish between Capacity Enhancement items,
Rehabilitation items or other items.
Agency shall apply that "Project Ratio" to the project construcfion costS and provide CVAG wifh
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.
Alf Invoices submitted to CVAG for reimbursement, shall include a table identifying "Capacity
EnhancemenY' costs eligible for payment with TUMF, "Rehabilitation" costs eligible for paymenf
with Measure "A", and other costs that are not eligible for reimbursement by CVAG.
Upon receipt ofi an invoice from Agency, CVAG may request additional documentation or
explanation of the Project costs. Undisputed reimbursement amounfs shall be paid by CVAG to
Agency within thirfy {30) days.
City of Palm Desert-CVAG Future Reimbursement AgreemenVPortola Av.Gerald Ford to Dinah.Shore Page2
contract No. C27960
Ir 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 fhirty (30} days of notification by CVAG.
Prior to any final payment to Agency by CVAG, a final report shafl be submitted to CVAG by
Agency containing a record of all payments made for said Project and the source of funds of aIl
such payments, togefher 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,
regulaiions and policies concerning project cost determination and expense eligibility.
The format used for all bids solicited by Agency for the Project shall require itemization sufficient
fo allow quantities of each bid item to be easily discernible. It shall be the responsibility of
Agency fo determine what quantity is for Capacity Enhancement and/or Rehabilitation, and to
provide CVAG staff with that information.
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 gooti 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 e{igibility criteria
adopted by CVAG.
Agency shall maintain an accounting of all funds received fram CVAG pursuant to this
Agreement in accordance with generally accepted accounting principles. Agency agrees to
keep all Project contracts and records for a period of not less than three years from the date a
nofice of complefion 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, upan reasonable notice, to
inspect any records maintained in connection with the Project. CVAG shall have no dufy to
make any such inspection and shal! not incur any liability or obligation by reason of making or
not making any such inspection.
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:
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;
Agency shall iail to pay, perform or comply with, or otherwise shall breach, any
obligation, warranty, term or condition in this Agreement or any amendment to fhis
Agreement, or any agreement delivered in connection with the Project; or
There shalf occur any of the following: dissolution, termination of existence or
insofvency of Agency; the commencement of any proceeding under any bankruptcy or
insofvency law by or against Agency; entry of a court order which enjoins, restrains or in
any way prevents Agency from paying sums awed to creditors.
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 affecf any default other than the default specified in the waiver and the waiver shall be
City of Palm Desert-CVAG Future Rcimbursement A�rcement/Portola Av. Gerald Ford to Dinah.Shore Paae3
Contract No. C27960
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.
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.
lt is the intent of the Agency and CVAG that the Project be represented as being funded by
Measure "A"/TUMF funds. AI! public notices, news releases, and documents shalJ 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 fhat
all travelers passing the location have the opportunity to observe who the agencies are that are
providing funds for the consfruction of the Project. Exhibit "D," "Project Sign," provides a guide
for Project Sign format.
?his Agreement is for funding purposes only and nothing herein shall be construed so as to
consfitute 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 ta
which they may be subjected or put by reason af or resulting from the actions ar 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 aU 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 fhis Agreement.
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 wil! provide a copy of the
)nsurance Certiftcate to CVAG, depicting CVAG and its member agencies as "also insureds,"
within 30 days of signing a contract with the prime contractor.
Any dispute concerning a question of fact arising under this Agreemen#fhat is not disposed of
by voluntary negotiatians between fhe 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.
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, Titfe 49 of the Code of Federal Regulations (CFR) which established the
Federal Depa►�ment of 1"ransportation's policy supporting the fullest possibfe participaiipn of
firms owned and controlled by minorities and women in the Department of 7ransportation
programs. Except to the extent that such or other contrary federal regulations may apply,
City of Palm Desert-CVAG Future Reimbursement A�reement/Portola Av. Gerald Ford to Dinali.Sliore PaQe4
Contract No. C27960
Agency covenants that, by and for itself and all persans claiming under or through it, there shall
be no discriminafion 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. �
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 fhe purposes
of this Agreement.
This Agreement rnay not be assigned without the express written consent of CVAG first being
obtained.
Agency, its successors in interest and assigns shall be bound by all the provisions contained in
this Agreement.
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.
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.
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 focal law.
Agency warrants that the funds received by CVAG pursuant to this Agreement shall only be
used in a manner consistent with CVAG's reirnbursemenf policy and all applicable regulafions
and laws. Any provision required to be included in this type of agreement by federal or state law
shalf be deemed to be incorporated into this Agreement.
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 ar UPS); sent by
telecopier or facsimile machine capable of confirming transmission and receipt; or sent by
certified or registered mail, return receipt requested, postage prepaid to the following parties at
the following addresses or numbers:
If to Agency: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: City Manager
Telephone: (760) 346-d611
FAX No.: (760) 340-0574
City of Pa{m Iaeseil-CVAG Future Reimbursement AgreemendPortola Av. Gerald Ford to Dinah.Shore Pa�eS
Contract No. C27960
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 teiecopier 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. 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 #hereto, not expressly set forth in this Agreement, is null and
void.
ff any term, provision, condition, or covenant of this Agreement, or the appfication thereof to any
party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the
instrument, or the application of such term, provision, condi#ion or covenant to persons or
circumstances other than those as to whom or which if is held invalid or unenforceable, shall not
be affected thereby and each term and provision of fhis Agreement shall be valid and
enforceable to the fullest extent permitted by law.
In the event either party hereto brings an action or proceeding for a declaration of the righfs of
fhe parties, for injunctive relisf, for an alleged breach or default, or any other action arising out of
fhis Agreement, or the transactions contemplated hereby, the prevaifing party in any such action
shall be entitled to an award of reasonable attorneys' fees and cosfs incurred in such actian or
proceeding, in addition to any other damages or relief awarded, regardfess of whether such
action proceeds to final judgment.
Time is of the essence in this Agreement, and each and every provision hereof in which time is
an element.
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
snall be adjudicated in the courts of Riverside County, Desert Judicial District, State of
California.
Agency warrants that the execufion, delivery and performance of this Agreement and any and
aN related documents are duly authorized and do not require the further consent or approva! of
any body, board or commission or other authority.
This Agreement may be executed in one or more counterparts and when a counterpart shall
have been signed by each party hereto, each shali be deemed an originai, but al( of which
constitute one and the same instrument.
City of Palm Desert-CVAG Future Reimbursement A�reemendPortola Av.Gerald Ford to Uinah.Shore Page6
Contract No. C27960
IN WITNESS WHERE�F, the parties hereto have caused this agreement to be executed by
their du{y authorized representatives on this date:
ATTEST: CITY �F PALM DESERT
By: By:
City Manager Mayor
ATTEST: CVAG
By: By: i��
John Wahlmuth, CVAG Chair
Execufive Director
City of Palm Desert-CVAG Future Reimbursement A�reement/Portola Av.Gerald Ford to Dinal�.Shore Pa�e7
Contract No. C27960
" EXHIBIT "A"
SC�PE OF SERVICES
FUTURE REIMBURSEMENT AGREEMENT
PORTOLA AVENUE IMPROVEMENT PROJECT
FROM GERALD FORD QRfVE TO DINAH SHORE DRIVE
CVAG will only pay for improvements eligible for reimbursement as outlined in the adopted
Project Cost Determination and Expense Eligibility manuaf.
The City of Pafm Desert is requesfing funding support from CVAG for improvement to Portola
Avenue north of Gerald Ford Drive, fo connect with Dinah Shore Drive. On reviewing the
Transportation Project Prioritization Study (TPPS), this regional road segment ranks at 9 Priority
Points. The highest ranked project in the TPPS is ranked with16 Priority Points.
The project has already been bid, so the price is fixed at this fime, barring any Contract Change
Orders. The project bid cost is$2,139,739.33. The City of Palm Desert is responsible for one-
third of this cost, or approximately $713,247. Palm Desert is requesting CVAG to fund 75% of
the city's cost, making CVAG's share, at 75% of allowable project costs, $534,935.
In their letter the city indicates that without CVAG assistance they will not be able to complete
this project. However, at 9 Priorify Points, the project ranks below the mid-point of fhe TPPS
project list, which would qualify it as a Future Reimbursement Project. In this manner, the city
would be required to pay the costs of the project now, and obtain reimbursement from CVAG at
a point in the future when the priority of this project would have risen to the level of payment.
While it cannot be precisely determined when reimbursement would occur, it is fair to enter a
reimbursement agreement at this time in order to establish a progression of pay-outs since one
other, Future Reimbursement Agreement already exists, and another is being requested. 1n any
case, reimbursement to Palm Desert would be scheduled to occur once the Executive
Committee agreed to enter into any other current reimbursement agreement for a project ranked
with 9.0 Priority Points or lower.
Given that there will now be more than one Future Reimbursement Agreement, it should be
considered that CVAG adopt a poficy on how these agreemenfs are placed in a fime-line for
actual funding. And, once the TPPS is updated again, the TPPS Priority Point ranking may no
longer be a sufficient process of ordering the Future Reimbursement Agreements for payment.
City of Palm Desert-CVAG Future Reimbursement Agreement/PoRola Av.Gerald Ford to Dinah.Shore Pa�e8
Contract No. C27960
EXHIBfT"B"
ESTIMATE OF COST
FUTURE REIMBURSEMENT AGREEMENT
PORTOLA AVENUE IMPROVEMENT PROJECT
FROM GERALD FORD DRIVE TO DINAH SHORE DRIVE
(FROM ESTIMATE PROVIDED BY THE CITY OF PALM DESERT)
Funding agreed upon as follows:
CVAG�s share—TUMF/Measure "A" Funds � 534,934.83
City of Palm Desert's Share- Local Funds $ 178,311.60
Devefoper's payment $ 1,426,493.OQ
Total $ 2,139,739.33
City of Palm Desert-CVAG Future Reirnbursement A�reement/Portola Av. Gerald Ford to Dinah.Shore Page9
Contract No. C27960
EXHIBIT"C"
PROJECT SCHEDULE
FUTURE REIMBURSEMEN7 AGREEMENT
PORTOLA AVENUEIMPROVEMENT PROJECT
FROM GERALD FORD DR1VE TO DINAH SHORE DRIVE
DESIGN, RIGFiT-OF-WAY �CONSTRUCTION
City of Palm Desert-CVAG Future Reimbursement AgrcemendPortola Av.Gerald Ford to Dinal�.Shore Page10
Contract No. C27960
EXHIBIT"D"
"PROJECT SIGN"
FUTURE REfMBURSEMENT AGREEMENT
PORTOLA AVENUE IMPROVEMEN7 PROJECT
FROM GERALD FORD DRIVE TO DINAH SHORE DRIVE
DESIGN, RIGHT-OF-WAY & CONSTRUCTfON
The Project Sign shall consist of the following information:
MEASURE"A"
PROJECT
YOUR TAX DOLLARS
AT WORK
"PROJECT NAME"
FUNDED BY�
❑ RIVERSfDE COUNTY TRANSPORTATION COMMISSION/
COACHE�LA VALLEY ASSOCiATION OF GOVERNMENTS
n LEAD AGENCY/AGENCY
TOTAL � x,xxx,xxx
Other information, such as the City Logos and/or Measure"A" Funds Logo, is encouraged.
City of Palm Desert-CVAG Future Reimbursement A�reemendPortola Av.Gerald Ford to Dinali.Shore Pa�el 1
Contract No. C27960
CVAG - CITY OF PALM DESERT
FUTURE (FISCAL YEAR 2021I2022} REIMBURSEMENT AGREEMENT
�MENDMENT NUMB�R ONE
PORTOLA AVENUEIMPROVEMENT PROJECT
FROM GERALD FORD DRIVE 70 DINAH SHORE DRIVE
DESiGN, RfGH7-OF-WAY & CONSTRUCTION
This Amendment Number One is made and entered into this day of ,
2007, by and between the City of Palm Desert ("Agency"), and the Coachelia Valley
Association of Governments, a California joint powers agency, ("CVAG"}, and is made with
reference to the following background facts and circumstances:
This amendment number one establishes the fufure reimbursement date for this project to
be FY 21/22, per CVAG Future Reimbursement Agreement Policy number �7-05, approved by
the CVAG Executive Committee on April 30, 2007.
This amendment number one also modifies the existing CVAG policy regarding the
disposition of excess right-of-way. The modificafion, approved by the CVAG Executive
Committee on July 30, 2007, is as follows:
"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 proportionateiy according to
fhe 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 projecf".
All other provisions in fhe existing Reimbursement Agreement for the "Portola Avenue
Improvements Project" ("the Project"),Approved March 27, 2007 are considered in force.
Portola Avenue Future Reimbursement Aareement Amendtnent#1 - Page 1
Contract No. C27960
IN WITNESS WHEREOF, the parties hereto have caused this amendment number one
to be executed by their duly authorized representatives on this date:
ATTEST: CITY OF PALM DESERT
By: By:
City Manager Mayor
ATTEST: CVAG
By: By: `'"9��
John Wohlmuth, CVAG Chair
Executive Director
Portola Avenue Future Reimbursement Agrecment Amendment#1 - Pa;e 2
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