HomeMy WebLinkAbout6/7/2000 - STAFF REPORTS (11) DATE: June 7, 2000
TO: City Council
FROM: City Engineer
APPROVE TRAFFIC SIGNAL COOPERATIVE AGREEMENT
RECOMMENDATION:
That the City Council approve a Traffic Signal Cooperative Agreement with the
Coachella Valley Association of Governments (CVAG) for the federally funded
Coachella Valley signal synchronization project, and the traffic signal
Improvements on Indian Canyon Drive, City Project No. 95-08.
BACKGROUND:
On May 3,2000,the City Council approved Program Supplement Agreement No.
005-M1 to State Master Agreement No.08-5282 for engineering and construction
costs for a traffic signal synchronization project on Tahquitz Canyon Way and
Indian Canyon Drive. This provided for$1,328,000.00 of Federal funds for the two
projects. Simultaneously, CVAG has been proceeding with a project utilizing
Federal funds to Interconnect regional roadways within the Coachella Valley.
Included in the CVAG project is Indian Canyon Drive.
On November 17, 1999,City Council approved a contract with DKS Associates for
design of traffic signals on Indian Canyon Drive. DKS, who is also the design
engineer for CVAG on the Coachella Valley signal synchronization project, has
completed the engineering services for the City of Palm Springs Indian Canyon
Drive traffic signals. On May 17, 2000, the City Council approved a contract
services agreement with Rancho California Consultants for professional services
consisting of Inspection and construction management forthe Indian Canyon Drive
traffic signal project. Rancho California Consultants is under contract with CVAG
to provide inspection and management services for the Coachella Valley Signal
Synchronization project.
CVAG has now approved the completed design for the signal synchronization
project and is preparing to award a construction contract for this work. Because
the Indian Canyon Drive signal portion of the work is also a route that is covered
by the CVAG signal synchronization grant, it is recommended that the projects to
be constructed by a single contractor under one construction contract. This
concept has been agreed upon by CVAG, Calfrans and City staff. CVAG is the
proposed lead agency for the overall project and has appointed David J. Barakian
as Resident Engineer for the valley-wide project.
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Cooperative Agreement with CVAG
June 7, 2000
Page 2
The attached agreement sets forth terms for cooperation between the City and
CVAG for the construction of the overall project. Time spent by the Engineering staff
on the valley-wide project is reimbursable to the City from CVAG. With the exception
of the Indian Canyon Drive signals which are included in the agreement, the
agreement is identical to that being entered into between CVAG and the other
Coachellaa1 Valley cities.
'r APPROVED:,
DAVID J. BARAWAN City Manager
City Engineer
ATTACHMENTS:
1. Minute Order
2. Traffic Signal Cooperative Agreement
Vole
TRAFFIC SIGNAL COOPERATIVE AGREEMENT
THIS AGREEMENT (herein "Agreement") is made and entered into this day of
2000,by and between the City of Palm Springs,a municipal corporation(herein CPS)
and the Coachella Valley Association of Governments(herein CVAG. The parties hereto agree as
follows:
RECITALS
The City of Palm Springs has approval for Federal STP funding for construction of certain
traffic signal improvements on Indian Canyon Drive. The seven ( ) intersections are: Indian
Canyon Drive at Baristo Road,Tamarisk Road,Amado Road,La Plaza Parking,Alejo Road,Arenas
Road, and Andreas Road In addition, the CVAG Valleywide Signal Synchronization project
includes interconnecting these same signals on Indian Canyon Drive. Both designs were completed
by DKS Assoc.under separate agreements with CPS and CVAG. The plans and specifications for
both projects have been approved by both CPS and CVAG. It is the intent of both parties that the
projects will be constructed by a single contractor under one contract(project).
WITNESSETH
WHEREAS,the traffic signal locations listed in"Exhibit A"are withinthe jurisdictional boundaries
of CPS; and
WHEREAS, Caltraans and CPS share jurisdiction or hold jurisdiction exclusively as indicated in
"Exhibit A"; and
WHEREAS,the Coachella Valley Traffic Signal Synchronization Feasibility Final Report and other
engineering studies indicate that an interconnected and/or coordmatedtraffic signal system would be
mutually beneficial to the agencies and would improve traffic safety and flow; and
WHEREAS,the CVAG Signal Synchronization PS&E Design will be implemented and provide a
coordinated traffic signal system which would be mutually beneficial to the agencies and would
improve traffic safety and flow•,
NOW THEREFORE,the parties agree as follows:
1. Project. CVAG and CPS hereby agree that CVAG will advertise,open bids,and enter into a
construction contract with a licensed contractor for the construction of said projects. CVAG
shall be lead agency and provide all inspection,construction engineering,administration in
accordance with Federal rules and procedures,and testing for said project,with the exception
of work included in Section B of the project specifications. All payments to contractors,
engineers or consultants will be made directly by CVAG. CPS agrees to reimburse the
following to CVAG upon presentation of pay estimates showing that the work has been
performed and payment approved therefore:
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Agreement CPS/CVAG
C.P.#95-06
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(a)Payment for all construction as shown on said drawings by DKS Associates,and included
as Section B, as bid by the construction contractor. Both parties agree that the budgeted
amount for the construction within CPS is $522,200.00 for Section B. Payment shall be
made in accordance with the construction Section B,as awarded by CVAG. A maximum of
1 progress payment shall be made per calendar month by CPS to CVAG.
(b) CPS will perform all testing for items included on Section B, and will designate the
testing laboratory for the signal equipment.
(c)CPS agrees to perform all work necessary for the Federal reimbursement of costs under
Section B.
(d)CPS agrees to review all reimbursement requests received from CVAG and to make such
reimbursements within a reasonable period prior to contractor's payment from CVAG
becoming due,subject to completion of construction ofthe items contained on the request,to
satisfaction of CPS.
(e)Signal Timing: CVAG shall provide the initial traffic signal coordination timing for the
traffic signal locations listed in"Exhibit A". The timings shall be established and agreed
upon in writing by the Traffic/City Engineer or his/her designee of CPS. Changes in cycle
length, offsets and coordination time that affect system operation proposed by CPS that
effects any other adjacent city/county signal timings shall notify all affected parties for their
review and shall then be agreed upon in writing by the Traffic/City Engineer or his/her
designee of each affected party.
(f) Common Time Reference: CPS shall maintain WWV clock time for its signals, with
equipment provided by CVAG,and shall resynchronize system clock time each day.
(g)Upgrade:If certain signals are mutually desired to be in the system but are not compatible
due to obsolete or incompatible equipment,CPS shall upgrade the necessary equipment to
bring the signals onto the system. If existing equipment is marginal in regards to operation,
CPS shall consider upgrading the equipment in the normal course of project budgeting.
(h)Maintenance:Upon completion of the traffic signal system and designated signal timing,
the maintenance of system shall become the responsibility of CPS,individually,for those
traffic signal locations within its jurisdiction.
(i) Coordinating Committee: CPS understand7that in order for the system to operate
optimally it is necessary that the operational characteristics of the system be reviewed
regularly. Therefore,CVAG shall establish a Coordinating Committee. The committee shall
meet,at a minimum of semi-annually,to review the operating characteristics of the system
Agreement CPS/CVAG
C.P.#95-06
Page 3
and propose any needed modifications to the system. The committee shall be comprised of
the Transportation Engineer of CVAG, or his/her designee, and the various Traffic/City
Engineers of COOPERATING AGENCIES,or their designate representatives,and any other
individual mutually agreed to by the parties.
Each Coordinating Committee member shall be responsible for notifying all other committee
member's as soon as possible but no later than the first working day following discovery
within that member's boundary of a system failure,an emergency repair,or a power failure
affecting the system. The committee member(s)of the COOPERATIVE AGENCY shall
also give advance notice of at least two(2)working days prior to any shutdown of the master
controller as part of regularly scheduled routine maintenance or any other regularly
scheduled maintenance within his/her agency's boundary affecting the system.
The Coordinating Committee shall prepare a summary report of its meetings,system activity
and future needs at the end of each calendar year. The report shall be completed by January
3 V of each year.
Q) Records: All parties shall each keep open book records of the project which shall be
available for inspection by any party at any reasonable time during business hours.
(k) Notification: Notices shall be sufficient hereunder if personally served upon the City
Manager/Administrator/Engineer of each party,or sent to those individuals via the United
States Post Office,postage prepaid,addressed as follows:
CPS shall have the right to review the Section B bids for the construction project. In the
event the lowest responsible bid is more than the budgeted amount,CVAG may proceed with
the project on its own,without any further participation with CPS. Both parties shall have
the
right to revise the bid specifications subject to standard change order procedures. As it
pertains to work under section B,CPS shall have the right to review the construction project
and approve such construction through CVAG's field inspector prior to completion of
progress payments to the construction contractor. CPS shall have the right to review and
approve any change orders or cost over-runs for construction on Section B. CPS shall have
the right to approve completion ofthe project and be a signatorto the Notice of Completion.
Copies of all documents pertaining to the construction shall be delivered to CPS upon
written request to CVAG. CVAG shall schedule construction contractor such that
construction on Section B will be completed on or before November 15, 2000
2. Force Maieure. If CVAG is delayed, prevented or hindered from the performance of any
condition of this Agreement because of acts of God,adverse weather,war,invasion,insurrection,
acts of a public enemy,riot,mob violence,civil commotion,sabotage,labor disputes,inability to
procure or general shortage of labor,materials,facilities,equipment or supplies on the open market,
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Agreement CPS/CVAG
C.P.#95-06
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unusual
delay in transportation, laws,rules,regulations or ordeers of governmental or military authorities,
inability to obtain permits or approvals or any other cause beyond the reasonable control of CVAG,
whether similar or dissimilar to the foregoing,such performance shall be excused for the period of
the delay,provided that CVAG shall,within 5 days of the commencement of such delay,notify CPS
in writing,ofthe and the period for such performance shall be extended for aperiod equivalent to the
period of such delay,provided that CVAG shall, within five days of the commencement of such
delay,notify CPS in writing ofthe cauases of the delays. CPS shall ascertain the facts and the extent
of delay,and extend the time for completion for the period ofthe enforced delay when and if,in the
judgment of CPS, such delay is justified.
3. Miscellaneous Obligation. All services rendered hereunder shall be provided in accordance with
all ordinances,resolutions,statutes,rules and regulations of CPS and CVAG,and any Federal,State
or local governmental agency having jurisdiction in effect at the time services are performed.
Both parties agree to use reasonable care and diligence to perform their respective obligations
under this Agreement. Both parties agree to act in good faith to execute all necessary instruments,
prepare all documents,take all actions as may be reasonably necessary to carry out the purposes of
this Agreement,and make contract payments and reimbursements.
CVAG agrees to require the construction contractor to provide proof of insurance in the
following amounts: Bodily injuries: $500,000 each person, $1,000,000 each accident,
$1,000,OOOaggregate products and completed operations. Property damage $1,000,000 each
accident. Workers' Compensation: statutory.
CVAG agrees to require construction contractor to name CPS, its City Council, officers,
officials and employees as additionally name insured with respect to liabilities arising out of
construction contractor's performance of the work under construction contract.
CVAG further agrees to require, with further provision, that such insurance is primary
insurance with respect to the interests of the named parties,and that any other insurance maintained
by the parties or other additionally named insureds,is excess and not contributing insu rote with the
insurance required hereunder.
4. Coordination of Work. Both parties agree that neither CPS,nor any of its respective employees,
shall have any control over the manner, mode or means by which the construction contractor, its
agents,or employees perform the work required under their construction contract Agreement with
CVAG with the exception of work include in Section B. CVAG agrees to allow CPS' employees
access to the work site, and further agrees to enforce requirements of CPS, upon the construction
contractor,upon receipt of verbal or written instructions from CPS' field personnel.
5. Records and Reports. CVAG agrees to provide CPS all final record drawings,specifications,
7)9&
Agreement CPS/CVAG
C.P. #95-06
Page 5
reports,records,documents and other materials for the work performed under this Agreement.
6. Enforcement of Agreement. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute,claim or matter arising out of,or in relation to,this Agreement
shall be instituted in the Superior Court of the County of Riverside,State of California,or any other
appropriate court in such county. In the event of any dispute arising under this Agreement,the
injured party shall notify the injuring party in writing of its contentions by submitting a claim
therefor. The injured party shall continue performing its obligations hereunder so long as the
injuring party commences to cure such default within ten(10) days of service of such notice and
completes the cure of such default within forty-five(45) days after service of the notice, or such
longer period as may be permitted by the injured party;provided that if the default is an immediate
danger to the health, safety and general welfare, such immediate action may be necessary.
Compliance with the provisions of this Section shall be a condition precedent to termination of this
Agreement for cause and to any legal action, and such compliance shall not be a waiver of any
party's right to take legal action in the event that the dispute is not cured,provided that nothing
herein shall limit CPS or CVAG's right to terminate this Agreement without cause pursuant to this
Section.
CVAG hereby authorizes CPS to deduct from any amount payable to CVAG(whether or not
arising out of this Agreement)(i)any amounts the payment of which may be in dispute hereunder or
which are necessary to compensate CPS for any losses, costs, liabilities, or damages suffered by
CPS,and(ii)all amounts for which CPS may be liable to third parties,by reason of CVAG's acts or
omissions in performing or failing to perform CVAG's obligation under this Agreement. In the
event that any claim is made by a third party,the amount or validity of which is disputed by CVAG,
or any
indebtedness shall exist which shall appear to be the basis for a claim of lien, CPS may withhold
from any payment due, without liability for interest because of such withholding, an amount
sufficient to cover such claim.
The failure of CPS to exercise such right to deduct or to withhold shall not, however, affect the
obligations of CVAG to insure,indemnify,and protect CPS as elsewhere provided herein.
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any
default shall impair such right or remedy or be construed as a waiver. A party's consent to or
approval of any act by the other party requiring the party's consent or approval shall not be deemed
to waive or render unnecessary the other parry's consent to or approval of any subsequent act. Any
waiver by either party of any default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement,the rights and remedies of the parties are cumulative and the exercise by either party of
Agreement CPS/CVAG
C.P.#95-06
Page 6
one or more of such rights or remedies shall not preclude the exercise by it,at the same or different
times,of any other rights or remedies for the same default or any other default by the other parry.
In addition to any other rights or remedies,either parry may take legal action, in law or in
equity,to cure,correct orremedy any default,to recover damages for any default,to compel specific
performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other
remedy consistent with the purposes of this Agreement.
This Section shall govern any termination ofthis Agreement except as specifically provided
in the following Section for termination for cause. CPS reserves the right to terminate This
Agreement at any time,with or without cause,upon thirty(30)days written notice to CVAG,except
that where termination is due to the fault of CVAG,the period of notice may be such shorter time as
may be determined by the Contract Officer. In addition,CVAG reserves the right to terminate this
Agreement at any time,with or without cause,upon sixty(60)days written notice to CPS,except
that where termination is due to the fault of CPS,the period of notice may be such shorter time as
CVAG may determine. Upon receipt of any notice of termination,CVAG shall immediately cease
all services hereunder except such as may be specifically approved by the Contract Officer. Except
where CVAG has initiated termination, CVAG shall be entitled to compensation for all services
rendered prior to the effective date ofthe notice oftermination and for any services authorized by the
Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be
approved by the Contract Officer, except as provided in this Section. In the event CVAG has
initiated termination,CVAG shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section,the terminating party need not provide the non-terminating party with the opportunity to
cure pursuant to this Section.
7. City Officers and Employees,Non-Discrimination. No officer or employee of CPS shall be
personally liable to CVAG,or any successor in interest in the event of any default or breach by CPS,
or for any amount which may become due to CVAG or to its successors, or for breach of any
obligation of the terms of this Agreement.
CVAG covenants that by and for itself,and all persons claiming under or through them,that
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, physical or mental disability,national origin or
ancestry,in the performance of this Agreement.
8. Miscellaneous Provisions. Any notice, demand, request, document, consent, approval, or
communication either party desires, or is required to give to the other party, or any other person,
shall be in writing and either served personally or sent by pre-paid,first class mail,to the following
address:
Agreement CPS/CVAG
C.P.#95-06
Page 7
Coachella Valley Association of Governments
Attention:Patricia Larson,Executive Director
73-710 Fred Waring Drive
Suite 200
Palm Desert, CA. 92260
City of Palm Springs
Attention.: David L Barakian,City Engineer
P.O. Box 2743
Palm Springs, CA 92263
Either party may change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated at the time personally delivered,or in 72 hours from
the time of depositing in the mail,if mailed as provided in this section.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement, or any other rule of construction which might otherwise apply.
It is understood that there are no oral Agreements between the parties hereto affecting this
Agreement, and this Agreement supersedes and cancels any and all previous negotiations,
arrangements,Agreements and understandings,if any,between the parties,and none shall be used to
interpret this Agreement. This Agreement may be amended at any time by the mutual consent ofthe
parties by an instrument in writing.
9. Severability. In the event any one or more of the phrases, sentences, clauses, paragraphs or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment
or decree of the court of a competent jurisdiction,such invalidity or imenforceability
shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this
Agreement which are hereby declared as severable,and shall be interpreted to carry out the intent of
the parties hereunder,unless the invalid provision is so material that its invalidity deprives either
party of the basic benefit of their bargain or renders this Agreement meaningless.
10. Authority. The persons executing this Agreement on behalf ofthe parties hereto warrant that(i)
such parry is duly organized and existing, (ii)they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement,and(iv)the entering into this Agreement does notviolate
any provision of any other Agreement to which said party is bound.
11. Waiver. No waiver of any breach of any of the terms,covenants,Agreements,restrictions or
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Agreement CPS/CVAG
C.P. #95-06
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conditions ofthis Agreement shall be construed as a waiver of any succeeding breach of the same or
other covenants, Agreements, restrictions and conditions hereof. Any and all waivers of the
provisions of this Agreement must be in writing and signed by the appropriate authorities of CVAG
and CPS.
12. Gender. The use herein of(i)the singular number shall be deemed to mean the plural; (ii)the
masculine gender shall be deemed to mean the feminine or neuter and,(in)the neuter gender shall be
deemed to mean masculine or feminine whenever the sense of this Agreement so requires.
13. Execution. This Agreement may be executed in counterparts,each ofwhich shall be deemed to
be an original,and such counterpart,in the aggregate,shall constitute one and the same instrument.
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the
date first written above.
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
City Clerk
City Manager
APPROVED AS TO FORM:
City Attorney COACHELLA VALLEY ASSOCIATION
OF GOVERNMENTS (CVAG)
By:
74/10
MINUTE ORDER NO.
APPROVING A TRAFFIC SIGNAL COOPERATIVE
AGREEMENT WITH THE COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS (CVAG) FOR THE
FEDERALLY FUNDED COACHELLA VALLEY SIGNAL
SYNCHRONIZATION PROJECT, AND THE TRAFFIC
SIGNAL IMPROVEMENTS ON INDIAN CANYON DRIVE,
CITY PROJECT NO. 95-M
I HEREBYCERTIFYthatthis Minute Orderapproving a Traffic Signal CooperativeAgreementwith
the Coachella Valley Association of Governments (CVAG) for the federally funded Coachella
Valley signal synchronization project,and the traffic signal Improvements on Indian Canyon Drive,
City Project No. 95-06, was adopted by the City Council of the City of Palm Springs, California,
In a meeting thereof held on the 7"'day of June, 2000.
PATRICIA A. SANDERS
City Clerk