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HomeMy WebLinkAbout9/5/2001 - STAFF REPORTS (6) DATE: September 5, 2001 TO: City Council FROM: Grants and Government Affairs Manager, via Director of Public Works/City Engineer APPROVE CVAG GRANT REIMBURSEMENT AGREEMENT FOR SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT PROJECT RECOMMENDATION: That City Council approve a STIP grant reimbursement agreement with the Coachella Valley Association of Governments(CVAG),in the amount of$120,000,forthe Sunrise Way Traffic Signal Interconnect Project, City Project No. 01-14. SUMMARY: The City applied to Riverside County Transportation Commission (RCTC) via CVAG for FY 2000 State Transportation Improvement Program (STIP) Grant funding to install a Traffic Signal Interconnect Project on Sunrise Way. The total cost is $160,000 and the reimbursement of $120,000 from CVAG represents (75% of project costs), leaving the matching cost balance for the City of$40,000 (25% of project cost). BACKGROUND: RCTC issued a call for projects for STIP Formula Funds and the City applied for the Sunrise Way Traffic Signal Interconnect Project via CVAG. On April 30, 2001 The RCTC Commission approved $8.7 Million in STIP Formula funds for projects throughout Riverside County, including the City's signal interconnect request.The City's project will interconnect traffic signals on Sunrise Way(from East Palm Canyon Drive to Vista Chino) and provide motorists with a smoother, less interrupted drive with less side street conflicts. This will also improve air quality because Sunrise Way, a local major thoroughfare, will have fewer start-stops in traffic flows and therefor produce less vehicle pollution. This is the City's 51" Signal Interconnect, with projects previously completed on Palm Canyon Drive, Ramon Road, the current Indian Avenue Project and upcoming Tahquitz Canyon Project (all funded with federal grants). Palm Springs was the first City to initiate traffic signal interconnects in Coachella Valley with the Palm Canyon Drive interconnect in mid 1980's. The City's $40,000 matching cost is budgeted in Gas Tax Account No. 133-4298-50186. ROBERT L. MOHLER DAVID J. BARAKIAN Grants and Government Affairs Manager Director of Public Works/City Engineer C APPROVED�� City Manager ATTACHMENTS: 1. Minute Order 2. CVAG Reimbursement Agreement CITY OF PALM SPRINGS - CVAG FUNDING AGREEMENT "TRAFFIC SIGNAL INTERCONNECT COMMUNICATION PROJECT ON SUNRISE WAY BETWEEN EAST PALM CANYON AND VISTA CHINO" THIS AGREEMENT is made and entered into this day of , 2001, by and between the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and the City of Palm Springs ("Lead Agency"), and is made with reference to the following background facts and circumstances: RECITALS The "Coachella Valley Area Transportation Study", a valley-wide study prepared under the auspices of CVAG, has identified various transportation and highway projects throughout the Coachella Valley to be projects of regional importance; and Approval of a highway financing measure, Measure "A", by the voters of Riverside County in November of 1988 has created a source of funds with which to construct such projects; and Approval of SB45 provides State Transportation Improvement Program (STIP) funds to RCTC for capital improvement projects which are apportioned throughtout Riverside County according to the formula approved in the MOU among RCTC, WRCOG and CVAG, dated June 15, 1998; 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 regional funds are to be conveyed and disbursed for the purpose of completing said regional transportation projects; and Historically CVAG has administered regional funds by advancing, or reimbursing after expenditure, some portion of the eligible cost associated with qualifying projects. There now exists a compelling need to fund and construct various eligible projects notwithstanding that some or all of CVAG's member jurisdictions do not now have adequate funding in place. The RCTC Commission approved the allocation of $8.7Million in STIP Formula Funds to CVAG. The CVAG Executive Committee, on April 30, 2001 approved a list of projects to receive 75%estimated costs from the$8.7 Million of STIP Funds available to CVAG. The "Traffic Signal Interconnect Communication Project on Sunrise Way Between East Palm Canyon and Vista Chino" Project was identified as one of those projects on that list. The estimated cost for this Project is $160,000. CVAG's share will be 75% of Project cost, in the amount not to exceed $120,000. The Lead Agency is responsible to provide the remaining 25% of the Project costs, as well as all Project costs ineligible for regional funding. Traffic Signal on Sunrise Way/City of Palm Springs/CVAG Funding Agreement May 2001 Pagel ,,,�� The Lead Agency will be responsible for following the SB-45 requirements and the Caltrans Procedures Manual that describes the processes, procedures, documents, authorizations, approvals and certifications which are required in order to receive Federal-aid and/or State funds for this project. Lead Agency desires to proceed with this project "Traffic Signal Interconnect Communication Project on Sunrise Way Between East Palm Canyon and Vista Chino" (the "Project"). The estimated cost for this Project is $160,000. Lead Agency agrees to submit only those costs which are eligible under CVAG's policies as outlined in Section IV, "Cost Determination/Expense Eligibility" of CVAG's Policies and Procedures Manual. Real property purchased to secure the necessary Right of Way shall be acquired in the name of either the Lead Agency, depending upon the jurisdiction in which the property is located. Any property in excess of that required for Project Right of Way shall be promptly disposed of by the respective jurisdiction in the best interests of the Regional Arterial Program. If in any case a dispute exists between CVAG and the respective jurisdiction as to what property or the extent thereof is excess of that required for Project Right of Way, the sole determination of CVAG's Executive Committee shall control and the jurisdiction shall promptly dispose of that property designated by CVAG as excess. Any funds realized from the sale of excess property shall be returned to CVAG. CVAG shall have the right to approve the sale price of excess property. Language to effectuate these provisions shall be placed in the grant deed of each parcel conveyed to or acquired by the respective jurisdiction. NOW,THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the parties do agree as follows: 1.The Project is one of those named Measure "A" regional arterial projects that have heretofore been identified in the CVAG 1999 updated list of projects. 2. The scope of work of the Project is more particularly described in Exhibit "A", entitled"Scope of Services'' -"Traffic Signal Interconnect Communication Project on Sunrise Way Between East Palm Canyon and Vista Chino" attached hereto and made a part hereof. The cost estimate for the Project is more particularly described in Exhibit "B" - "Estimate of Cost", attached hereto and made a part hereof. The cost estimates include a calculation intended to allow Lead Agency to recover an amount representing the time of its employed staff in working on the Project as well as amounts Lead Agency shall pay to outside contractors in connection with the Project. Exhibit "C" is the "Project Schedule". 3. Eligible costs are defined as those outlined in Section IV, "Cost Determination/Expense Eligibility" of CVAG's Policies and Procedures Manual (Attachment 1). Traffic Signal on Sunrise Way/City of Palm Springs/CVAG Funding Agreement May 2001 Paget ,SWS 4. Prior to initiation of on-site construction, Lead 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. 5. This agreement is for funding purposes only and nothing herein shall be construed so as to constitute CVAG as a party to the construction or ownership of the Project or to make it a partner or joint venturer with Lead Agency as to the Project. CVAG's role in this agreement is just allowing the Lead Agency to utilize the STIP funds allocated to CVAG by RCTC. The Lead Agency will work directly with RCTC to obtain the CVAG's share at 75% Project Cost. 6. Lead 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 Lead Agency on each contract. Lead Agency will provide a copy of the Insurance Certificate to CVAG, depicting CVAG and its member agencies, within 30 days of signing a contract with the prime contractor. 7. 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. Further Lead Agency shall determine and observe all State and Federal laws applicable to the expenditure of all funds advanced or otherwise paid by CVAG. 8. 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 telefacsimile ("FAX") 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 Lead Agency: City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 Art.: Project Manager Telephone: (760) 323-8299 FAX No.: (760) 323-8207 If to CVAG: CVAG 73-710 Fred Waring Drive Palm Desert, CA 92260 Attn: Associate Director/Transportation Telephone: (760) 346-1127 FAX No.: (760) 340-5949 1'41�fi Traffic Signal on Sunrise Way/City of Palm Springs/CVAG Funding Agreement May 2001 Page3 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 any change of address shall be given to all parties by written notice in the manner detailed in this paragraph. 9. 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 matters dealt with herein or the duties of any party in relation thereto, not expressly set forth in this agreement, is null and void. 10. If any term, provision, condition, or covenant of this agreement, or the application thereof to any party or circumstance, shall to any extent be held invalid or unenforceable by a court of competent jurisdiction,the remainder of the instrument,or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each tern and provision of this agreement shall be valid and enforceable to the fullest extent pennitted by law. 11. 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 actions arising out of this agreement, or the transactions contemplated hereby, the prevailing party in any such action shall be entitled to an award of actual attorneys' fees and costs incurred in such action or proceeding, without regard to any rule of court or schedule of such fees maintained by the court, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment. 12. 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. 13. There is a requirement that the Lead Agency agrees that,this project shall be under construction within one year from the date of the CVAG Executive Committee approval,April 30,2001. The STIP funds identified for this project will be reassigned to other Regional Arterial projects if the Lead Agency fail to follow such requirement. 3ws Traffic Signal on Sunrise Way/City of Palm Springs/CVAG Funding Agreement May 2001 Page4 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on this date: ATTEST: CITY OF PALM SPRINGS By: By. City Manager Mayor ATTEST: CVAG t Patricia A. Larson, ( / Executive Director Traffic Signal on Sunrise Way/City of Palm Springs/CVAG Funding Agreement May 2001 Pages EXHIBIT "A" SCOPE OF SERVICES "TRAFFIC SIGNAL INTERCONNECT COMMUNICATION PROJECT ON SUNRISE WAY BETWEEN EAST PALM CANYON AND VISTA CHINO" This project will provide for a Traffic Signat on Sunrise Way in the City of Pahn Springs. 3W7 Traffic Signal on Sunrise Way/City of Palm Springs/CVAG Funding Agreement May 2001 Pagc6 EXHIBIT "B" ESTIMATE OF COST "TRAFFIC SIGNAL INTERCONNECT COMMUNICATION PROJECT ON SUNRISE WAY BETWEEN EAST PALM CANYON AND VISTA CHINO" Estimated Project Cost: $160,000 CVAG's Share @ 75% $120,000 Traffic Signal on Sunrise Way/City of Palm Springs/CVAG Funding Agreement May 2001 Page7 EXHIBIT "C" PROJECT SCHEDULE "TRAFFIC SIGNAL INTERCONNECT COMMUNICATION PROJECT ON SUNRISE WAY BETWEEN EAST PALM CANYON AND VISTA CHINO" 0 Construction SMA9 Traffic Signal on Sunrise Way/City of Palm Springs/CVAG Funding Agreement May 2001 Page8 EXHIBIT "D" "PROJECT SIGN" "TRAFFIC SIGNAL INTERCONNECT COMMUNICATION PROJECT ON SUNRISE WAY BETWEEN EAST PALM CANYON AND VISTA CHINO" The Project Sign shall consist of the following information• YOUR TAX DOLLARS AT WORK "PROJECT NAME" FUNDED BY: 0 RIVERSIDE COUNTY TRANSPORTATION COMMISSION/ COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS 0 Lead Agency TOTAL $ x.xxx.xxx Other information, such as the City Logos and/or Measure "A" Funds Logo, is encouraged. f.\home\aazzu\wp\agree\stip\stipfonnulafunds\ecramon501 �A/6 Traffic Signal on Sunrise Way/City of Palm Springs/CVAG Funding Agreement May 2001 Page9 ATTACHMENT I COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS REGIONAL ARTERIAL PROGRAM PROJECT COST DETERMINATION AND EXPENSE ELIGIBILITY Page 10 PROJECT COST DETERMINATION AND EXPENSE ELIGIBILITY TABLE OF CONTENTS SECTION DESCRIPTION 1.0 INTRODUCTION 2.0 COST ESTIMATE DEFINITIONS 3.0 PROJECT IDENTIFICATION 4.0 RIGHT-OF-WAY ACQUISITION 5.0 PROJECT LIMITS 6.0 PROJECT FUNDING SOURCES 7.0 PROJECT SCOPE OF WORK 8.0 PROJECT DESIGN (CIVIL) 9.0 PROJECT DESIGN (LANDSCAPING) 10.0 PROJECT CONSTRUCTION FUNDING 11.0 PROJECT CONSTRUCTION SURVEY 12.0 PROJECT CONSTRUCTION MANAGEMENT 13.0 PROJECT OVERSIGHT -AGENCY TIME 14.0 PROJECT CONTINGENCY FUNDS 15.0 REFERENCE DOCUMENTS 5`44/c)4b Page 11 1.0 INTRODUCTION This section of the procedures manual outlines the process which shall be followed in determining project costs and project expense eligibility which has been approved to be constructed as part of the Coachella Valley Regional Transportation Program. This section was developed by the Coachella Valley Association of Governments (CVAG) Transportation Technical Advisory Sub-Committee (TTAS). The primary purpose of this section is to provide a guideline for agencies to make application for a project for both Measure A and Transportation Uniform Mitigation Fee (TUMF) funding. The project development process starts with an agency-initiated study after a highway improvement need has been identified. The estimates for projects identified as part of the Regional Transportation Plan are addressed in the Regional Arterial Cost Estimate (RACE), dated June, 1999 and shall be updated biannually as part of the TUMF review process. 2.0 COST ESTIMATE DEFINITIONS Q Construction An updated cost estimate for the costs to build the improvement per the approved plans and specifications. Q Engineering Engineering costs will usually be estimated on the basis of a percentage of the estimated construction costs. Q Right-of-Way Expenditures for right-of-way are to be prepared with an accuracy comparable to standards in the industry. Overhead charges need not be included. Q Scheduling Indicate status of project, giving a tentative schedule for engineering, right-of-way acquisition and construction. Discuss project phasing, if planned. 3.0 PROJECT IDENTIFICATION Any project which is to be submitted for review and funding shall meet or provide all of the following: Q The proposed project shall appear on the approved June 1999 Transportation Project Prioritization Study updated list of projects. Q The project shall be clearly identified showing, as a minimum, the limits of the project, scope of work, anticipated start and completion dates, estimated project cost and funding sources. Q A general statement of the project. Why it is needed, etc. Q A preliminary design estimate for all design services. Q A preliminary construction cost estimate,to be updated once design is completed. Q A preliminary construction management and Agency project management cost estimate. Page 12 SA1 3 4.0 RIGHT-OF-WAY ACQUISITION AND OTHER ASSOCIATED COSTS All right-of-way acquisition and other associated costs, including appraisals and any other costs allowed by state and federal law, are eligible for regional funding. The agency will further submit a detailed list of costs associated with the right-of-way acquisition to CVAG for review and comment. CVAG will assess each cost and determine its eligibility for regional funding. All protests shall be sent to the Transportation Technical Advisory Sub- Committee for further review. All protests must be in writing and the grounds for protest clearly identified. Where the likelihood of extensive right-of-way acquisition exists or the need for extensive relocation of homes and businesses, or in the case of new roadway extensions or openings or other extenuating physically or economical restraints so warrant,preliminary engineering,alignment and traffic studies shall be eligible for reimbursement or funding from regional funds. Any excess property purchased to secure the necessary right-of-way will be deemed to belong to the Regional Arterial Program. Excess property will be disposed of in the best interests of the Regional Arterial Program, in order to recapture funds expended. Any recaptured fiords will reduce the overall cost of the project. 5.0 PROJECT LIMITS The lead agency submitting a proposed project for review and funding shall clearly identify the project limits. The limits of the project shall be defined as the beginning and the end of the construction. If more than one beginning and/or ending is necessary, clearly indicate that on the statement of the project limits. A vicinity map shall be included with the project submittal package identifying where the project is located. 6.0 PROJECT FUNDING SOURCE Project funding will come from both regional Measure A revenues and TUMF collected by CVAG member agencies. Other sources of funding may include local funds from the agency proposing the project, local gas tax funds, ISTEA funds, redevelopment funds, etc. All funding sources should be considered by the agency prior to project submittal to CVAG for funding from the Regional system funds. CVAG will advance fund, for TUMF jurisdictions, a project up to 100%of the total approved, eligible, estimated project cost. Project contingency funds will not be funded. However, any additional costs incurred due to any change in scope of work may be submitted to CVAG for funding eligibility, and will be processed through CVAG's committee structure for approval. &W/ Y Page 13 7.0 PROJECT SCOPE OF WORK A project scope of work narrative shall be submitted to CVAG with the submittal for expense eligibility and regional funding. The narrative shall include, but not be limited to, discussion of the following: 0 Right-of-Way Acquisition and Relocation 0 Project limits 0 Typical roadway improvement section 0 Vicinity map for project location identification 0 Anticipated starting date -Engineering, R-O-W Acquisition and Construction 0 Anticipated completion date - Engineering, R-O-W Acquisition and Construction 0 Anticipated funding amount 8.0 PROJECT DESIGN (CIVIL) The project design is the sole responsibility of the agency and/or agencies which are proposing and constructing the project. However,the design and construction standards as outlined in the Regional Arterial Cost Estimate (RACE), 1999 Update, shall be a guideline to be used by the designer for project design and construction standards. Any deviations should be identified, along with the rationale for such deviations. The total project design services shall not exceed in cost 10% of the estimated construction costs, or as determined by CVAG. 9.0 PROJECT DESIGN (LANDSCAPING) The following is a narrative of the landscape improvements which shall or shall not be eligible for regional funding: 0 All new landscaping, electrical and irrigation work shall NOT be eligible for regional funding. 0 Only new utility sleeves which are to be placed below the roadway surface for future use shall be eligible for regional funding. Additionally, any existing landscaping, electrical and irrigation which is directly affected by the project shall be eligible for funding providing it is replaced "in kind". 10.0 PROJECT CONSTRUCTION FUNDING All regionally funded agency project construction will consist of furnishing all materials,equipment, labor, tools and incidentals as required to construct the improvements as required by the approved plans, specifications and contract documents. "Curb-to-curb" improvements are eligible for funding, with the exception of landscaping. (See section 9.0 for further detail on landscaping.) "Curb-to-curb" improvements include asphalt paving, striping, curb, etc. Sidewalks, bus-turnouts, bikelanes, etc. are not eligible for Regional Arterial funding. Page 14 Exception: One sidewalk anWor one bikelane (as of October 30, 2000) will be eligible for Regional Arterial funding if it crosses a(n): 1. Regional Arterial Bridge 2. Interstate 10 Interchange 3. Interstate 86 Interchange All regionally funded agency projects will comply with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations. 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. All regionally funded project bids shall be prepared on the approved agency proposal forms in conformance with the instructions to bidders. All approved regional construction projects will be funded to 100% of the lesser of the following: 0 CVAG approved project construction cost estimate. 0 The lowest responsible bidder's award. 11.0 PROJECT CONSTRUCTION SURVEY Construction survey is defined as all surveying and construction staking necessary for the construction of the project as determined by the engineer. The cost of any additional surveying and/or construction staking primarily for the convenience of the contractor,not in conformance with usual and customary practices and for replacement of stakes lost as a result of the contractor's or agency's negligence, shall be the responsibility of the contractor and/or agency. The agency shall be responsible for all resetting of monumentation within public and/or private right-of-way that is destroyed by the construction operations unless it is itemized in the approved construction survey estimate. 12.0 PROJECT CONSTRUCTION MANAGEMENT Project construction management costs shall be eligible for regional funding only if it is to fund one or more of the following: 0 Construction inspection [1 Materials testing Project management 0 Construction Survey � Geotechnical studies and reports Contract administration 5 Page 15 The activities set forth above shall be eligible for regional funding based upon actual costs provided the total sum does not exceed 15% of the approved estimated construction costs. 13.0 PROJECT OVERSIGHT - AGENCY TIME Project cost estimates should include an amount intended to allow Agency to recover an amount representing the costs incurred for the time of its employed staff in working on the project. These amounts shall be eligible for regional funding based upon actual costs provided the total sum does not exceed 5% of the approved estimated project costs. 14.0 PROJECT CONTINGENCY FUNDS Project contingency funds shall not be granted at the beginning of a project. If a change in scope or design creates a need for a change order which may require additional funds, the agency shall make application with CVAG for expense eligibility from regional funds. Actual cost incurred shall only be eligible for funding. 15.0 REFERENCE DOCUMENTS Transportation Project Prioritization Study, June 1999 Regional Arterial Cost Estimate, June 1999 Regional Arterial Financial Plan and Expenditure Program,November 1994 Coachella Valley Area Transportation Study, 1987 Coachella Valley Area Transportation Study, 1984 f:\wp\policy\costelig\aa .CA 7 Page 16 MINUTE ORDER NO. 6917 APPROVING A STIP GRANT REIMBURSEMENT AGREEMENT WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG), IN THE AMOUNT OF $120,000 (75% OF PROJECT COSTS), FOR THE SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT PROJECT, CITY PROJECT NO. 01-14. ------------------ I HEREBY CERTIFY that this Minute Order, approving a STIP Grant Reimbursement Agreement with the Coachella Valley Association of Governments (CVAG), in the amount of $120,000 (75% of project costs), for the Sunrise Way Traffic Signal Interconnect Project, City Project No. 01-14, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 51h day of September, 2001. PATRICIA A. SANDERS City Clerk