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HomeMy WebLinkAbout11/26/2002 - STAFF REPORTS (4) DATE: November 20, 2002 TO: City Council FROM: Director of Public Works/ City Engineer APPROVE REIMBURSEMENT AGREEMENT WITH CVAG FOR REGIONAL MEASURE A CONTRIBUTION TOWARDS INDIAN CANYON DR.WIDEN]NGACROSS WHITEWATER WASH RECOMMENDATION: It is recommended that City Council approve a Reimbursement Agreement with the Coachella Valley Association of Governments (CVAG)for not-to-exceed $1,662,000 in Regional Measure A Funds (50% of estimated total costs)for the proposed widening of Indian Canyon Drive from 2 to 4 lanes across the Whitewater Wash; City Project No. 2001-25 SUMMARY: The City received a 2002 federal discretionary State Transportation Improvement Plan (STIP) Grant in the amount of$2,199,000 towards the$3,324,000 cost to widen Indian Canyon Drive from 2 to 4 Lanes for 2-miles across the Whitewater River Wash(from Tramview Rd.to the Union Pacific Railroad Bridge). The project is also eligible for 50% Measure A funding from CVAG as a high priority regional Coachella Valley project.(According to CVAG,a remaining excess of$537,000 can be applied to any of the 3 other adjacent Indian Canyon Drive projects). The project will be constructed entirely from outside federal grant and County Measure A funding sources. BACKGROUND: On August 17, 2001 the Grants and Government Affairs Manager submitted an application to the Riverside County Transportation Commission (RCTC) for a federal STIP Grant to widen Indian Canyon Drive from 2 to 4 lanes across the Whitewater Wash. This project directly connects to 3 other current grant funded projects on Indian Canyon Drive: a. Indian Canyon & I-10 Interchange, b. Indian Canyon Union Pacific Railroad Bridge Widening, and c. Indian Canyon Widening from UP RR Bridge to Garnet Avenue. In November, 2001 the RCTC Commission approved $21.6 Million in 2002 discretionary STIP funds to fund 9 (out of 39 submitted) roadway projects in Riverside County, including $2,199,000 for the Indian Canyon Dr. Widening across the Whitewater Wash. RCTC notified the City in October, 2002 that $263,000 in federal funds has been programmed towards the environmental and PS&E process and on November 1, 2002 the City requested Funding Allocation from Caltrans to commence the environmental phase for the project. ,!/ �/� ��_ APPROVED ROBERT L. MOHLER DAVID J. BARAKIAN Grants and Government Affairs Manager Director of Public Works/City Engineer APPROVED f Y , City Manager `dam REVIEWED BY DEPY OF FINANCE ATTACHMENTS:1. Minute Order, 2. CVAG Reimbursement Agreement H\BobWCVAG Reimb Agree Indian Can Widen.0 Rand M 0 11-20-02 wpd CVAG COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Blythe • Cathedral City Coachella • Desert Hot Springs • Indian Wells Indio • La Duinta • Palm Desert • Palm Springs • Rancho Mirage County of Riverside Agua Cahente Band of Cahuilla Indians Cahazon Band of Mission Indians Torres Martinez Desert/Cahuilla Indians { November 5, 2002 Mr. Robert Mohler Trans./A.D & Grant Manager CITY OF PALM SPRINGS 3200 E. Tahquitz Way Palm Springs, CA. 92262 Dear Mr. Mohler: Please find four original reimbursement agreements between the City of Palm Springs and the Coachella Valley Association of Governments(CVAG), for "Indian Canyon Drive across WhitewaterRiver Wash", Design, Engineering and Construction. This agreement was approved by the Executive Committee on October 28, 2002. Please have the Mayor and CityManager sign the agreements and return them to me. When complete I will send you and executed original for your records. If Imaybe of further assistance or ifyou have any questions regarding this agreement,please call me at (760) 346-1127. Sincerely, COACHELLA VALLEY ASSOCIATION O VERNMENTS MARYM.ODFREY Administrative Services Assistant cc: Anne Azzu, Dept. of Transportation 73-710 Fred Waring Drive, Suite 200 • Palm Desert, CA 92260 • (760) 346-1127 • FAX(760) 340-5949 CITY OF PALM SPRINGS - CVAG REIMBURSEMENT AGREEMENT "INDIAN CANYON DRIVE ACROSS WHITE WATER RIVER WASH" DESIGN ENGINEERING AND CONSTRUCTION THIS AGREEMENT is made and entered into this day of , 2002, by and between the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"),and the City of Palm Springs("Agency"),and is made withreference to the following background facts and circumstances: RECITALS Whereas,the"Coachella Valley Area Transportation Study",avalley-wide study prepared under the auspices of CVAG,has identified various transportation and highway projects throughoutthe Coachella Valley to be projects of regional importance; and Whereas,approval of ahighway financing measure("Measure`A'")by the voters ofRiverside County in November of 1988 has created a source of funds with which to construct such projects; and Whereas, CVAG by agreement with its member agencies and with the Riverside County Transportation Commission("RCTC"),has been designated as the agencythrough which such funds are to be conveyed and disbursed for the purpose of completing said regional transportation projects; and Whereas,historically CVAG has administered funds by advancing,or reimbursing after expenditure, some portion of the cost associated with qualifying proj ects. There now exists a compelling need to fund and construct various eligible proj ects notwithstanding that some or all of CVAG's member jurisdictions do not now have adequate funding in place. Whereas,CVAG also expects to receive monies pursuant to the State Transportation Improvement Program which may be used to fund twenty-five percent of eligible project cost (the "STIP-Quarter"). Whereas,hidian Canyon Drive across White Water River Wash is qualified to receive 50%from CVAG TUMF/Measure"A" resources, 50% local Agency Share. Whereas, 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. CVAG-City of Palm Springs/Indian Canyon across White Water River Wash-September 2002 Page I 04 3 Whereas,this agreement shall provide funds from CVAG(50%share)for the Project generally described as and consisting of the following: "Indian Canyon Drive across White Water River Wash". These services will hereinafter be referred to as the"Project". This Project will provide the Design Engineering and Construction for Indian Canyon Drive across White Water River Wash project. Whereas,Agency desires to proceed with the Project"Design Engineering and Construction for Indian Canyon Drive across White Water River Wash. The estimated cost of this project is $3,324,000. Agencyhas$2,199,000 in Federal STIP Funds for the widening of Indian Canyon across the White Water River Wash from 2 to 4lanes. CVAG shall provide the difference between the project cost and the Agency's contribution, up to 50%of the project costs. Whereas, it is the intent of Agency and CVAG that this agreement will be amended, for the bid process,and construction phases,to include a scope of work,cost estimate and if necessary,schedule modifications, for each respective phase. Whereas,Agency agrees to submit only those costs which are eligible under CVAG's policies as outlined in the, "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 ofthe Lead Agency,depending upon thej misdiction in which the property is located. Any property in excess ofthat required for Project Right of Way shall be promptly disposed ofby the respective jurisdictioninthe 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 ofthat required for Project Right of Way,the sole determination of CVAG's Executive Committee shall control and the jurisdiction shall promptly dispose ofthat 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. AGREEMENT NOW, TI3EREFORE, 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 offunds by CVAG shall apply only to those Regional Arterial Projects that have heretofore been identified in CVAG's 1999 updated list of Regional Arterial Projects. The Project is one of those identified projects and is therefore eligible. 2. The Project is generally described as and consists ofthe following: "Design Engineering and Construction for Indian Canyon across White Water River Wash". These services will hereinafter be referred to as the "Project". CVAG-City of Palm Springsflndian Canyon across White Water River Wash-September 2002 Page 2 '�7y/ 3. The scope of work of the Project is more particularly described in Exhibit"A", entitled "Scope of Services" - "Indian Canyon across White Water River Wash" attached hereto and made a part hereof. The cost estimate for the Project is more particularly described in Exhibit"B" - "Estimate ofCost", attached hereto and made apart hereof. The cost estimates 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 amount Agency shall pay to outside contractors in connection with the Project. The amount of the agency's respective portions ofthe project costs shall be calculated by reference to the cost estimates as shown on Exhibit"B"unless amended pursuant to the provisions of Paragraph 5. Exhibit "C" is the "Project Schedule". 4. It is the agreement between CVAG and Agency that the total cost of the Project shall not exceed$3,324,000. In the event that the project is bid and the lowest bid comes in excess of that figure, the agency shall have the right to reject all bids and not go forward with the project. hi the event Agency determines not to proceed with the project, any funds contributed to the project by CVAG may be withdrawn bythe CVAG Executive Committee in order to be re-allocated to any other eligible CVAG projects. In the eventthe bids come in under that estimated amount,it is understood and agreed that the Agency has$2,199,000 in STIP Funds which will be applied for their 50%Agency Share and CVAG would provide $1,125,000 not to exceed 50%project cost. 4.1 It is intended that,in order to expedite this Project,CVAG will advance funds for this Project,up to the amounts approved by CVAG's Executive Committee. Ifthe Project is not completed within a reasonable time,as approved by CVAG's Executive Committee,or if all work on the Project has stopped or is not proceeding in a diligent manner,and Agency agrees to repay CVAG their respective jurisdictional shares, up to the amount advanced by CVAG. 4.2 Funds advanced by CVAG for this Project shall be used to pay all services related to the Design, Environmental Documents and Construction of the Project. 4.3 Payments to Agency shall be made upon presentation to CVAG of statements from Agency,certifying by Project its costs,and enclosing therewith copies of contractor's invoices,evidence ofpayment,and such other information and records as may be required by CVAG to verify costs,provided however, that such payments shall be made to Agency no more frequently than monthly. 4.4 Eligible costs are defined asthose outlined in Section W,"Cost Determination/Expense Eligibility" of CVAG's Policies and Procedures Manual (Attachment 1). 4.5 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. 5. The parties agree that should unforeseen circumstances arise which result in new work not covered in Exhibit"A"or an increase of any costs over those shown in Exhibit "B",that both parties will contribute their respective share(50%CVAG;50%Agency)to such increase costs up until the not CVAG-City of Palm Springs/Indian Canyon across White Water River Wash-September 2002 Page 3 0 4 to exceed amount of$3,324,000 for the overall project. Further,any costs which go beyond that amount which are necessary in order to complete the project,the parties further agree to share in such costs under the 50150 percentage arrangement.In either of the above mentioned circumstances,the scope ofwork would be amended to reflect the additional work. This contract may be amended or modified only by mutual written agreement ofthe parties. No alteration or variation ofthe terms ofthis contract will be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein, will be binding on any of the parties hereto. 6. Agency agrees to keep all Proj ect contracts and records for a period of not less than three years from the date a notice of completion is filed by the Agency on such Project,or if the Project is not one as to which a notice of completion would normally be recorded,for three years from the date of completion. Agency further agrees that all such files and records will be made available to CVAG upon its reasonable request. 7. It is the intent of the Agency and CVAG that the Project be represented as being funded by Measure"A"/fUMF funds. All proj ect public notices,news releases,and documents should indicate the Project is being cooperatively developed by the Agency,RCTC,and CVAG using Measure"A"/TUMF funds. 8. This agreement is for funding purposes only and nothing herein shall be construed so as to make CVAG a party to the construction or ownership of the Projector to make it a partner or joint venturer with Agency as to the Project. 9. The City of Palm Springs shall assume the defense of,indemnify and hold harmless CVAG and their respective officers and employees,and each and every one of them,from and against all actions,damages,claims,losses and expenses of every type and description to which they may be subjected or put,by reason of,or resulting from,the actions or inactions of the City of Palm Springs taken in the performance of the Agreement or any agreement entered into by City of Palm Springs with reference to this Project. 9.1 CVAG shall assume the defense of,indemnify and hold harmless the City of Palm Springs and their respective officers,employees,and agents,and each of them,from and against all actions,damages,claims,losses,and expenses of every type and descriptions to which they may be subjected or put, by reason of, or resulting from, the actions of CVAG taken in the performance of the Agreement or any agreement entered into by CVAG with reference to this Project. 10. Agency agrees to include in its contract specifications and bid documents a requirement that all prime contractors shall name CVAG and Agency as"additional insureds"on all liability insurance coverage required by Agency on each contract. Agency will provide a copy ofthe Insurance Certificate to CVAG,showing CVAG and Agency,as''additional insureds",within 30 days of signing a contract with the prime contractor. CVAG-City of Palm Springs/Indian Canyon across White Water River Wash-September 2002 Page 4 04 11.Any dispute concerning a question of fact arising under this contract that is not disposed of by agreement shall first be decided by the CVAG Executive Director or designee,who may consider 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 timelyperformance in accordance with the terms ofthis contract. 12. 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 ofTransportation's policy supporting the fullest possible participation of firms owned and controlled by minorities and women in the Department of Transportation programs. 13. All notices or other communications required or permitted hereunder shall be in writing and shall be eitherpersonally delivered(which shall include deliverybymeans 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 Agency: City of Palm Springs P.O. Box 2743 Palm Springs, CA 92263-2743 Attn: City 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 Notices sent in accordance withthis 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. 14. 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 dealtwithherein or the duties of any party in relation thereto,not expressly set forth in this Agreement, is null and void. CVAG-City of Palm Springs/Indian Canyon across White Water River Wash-September 2002 Page 5 15. If any term,provision,condition,or covenant of this Agreement,or the application thereofto any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument,or the application ofsuch term,provision,condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable,shall not be affected thereby and each term and provision ofthis Agreement shall be valid and enforceable to the fullest extent permitted by law. 16. In the event either party hereto brings an action or proceeding for a declaration of the rights ofthe parties,for injunctive relief,for an alleged breach or default,or any other actions arising out ofthis 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. 17. 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. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their duly authorized representatives on this date: ATTEST: AGENCY: CITY OF PALM SPRINGS By: By: City Manager Mayor CVAG n 1 By: By: Patricia A. Larson, CVAG Chair Executive Director CVAG-City of Palm Springs/Indian Canyon across White Water River Wash-September 2002 Page 6 �/ / V EXHIBIT A SCOPE OF SERVICES "INDIAN CANYON DRIVE ACROSS WHITE WATER RIVER WASH" DESIGN ENGINEERING AND CONSTRUCTION Provide all technical and professional services including labor,material,equipment,transportation, supervision,administration,review and expertise to prepare andprocess an Enviromnental Document, Project Report,Right-of-way engineering documents and Plans,Specifications,&Estimates fortheproject. Environmental: Environmental services shall include the following:Preparation oftechnical studies,reports and all other documents necessary to obtain envi ronmental clearance for this project. Processing ofall environmental documents for approval. The Environmental Document will meet the requirement of CEQA and NEPA. Widen Indian Canyon Drive across the White Water River Wash from 2 to 4 lanes CVAG-City or Palm Springs/Indian Canyon across White Water River Wash-September 2002 Page 7 /{ EXHIBIT B ESTIMATE OF COST "INDIAN CANYON DRIVE ACROSS WHITE WATER RIVER WASH" DESIGN ENGINEERING AND CONSTRUCTION Indian Canyon Drive across White Water River Wash: CVAG Share $ 1,125,000 Not to exceed (50% project cost) 1,662,000 Local Share (Federal STIP) $ 2,199,000 Total Project Cost $3,324,000 Excess Local Share from the Indian Canyon Project is $537,000 Remaining Excess in Local Share is $537,000 to be credited for local match costs for the construction of the Indian I-10 Interchange Project or other Indian Canyon Drive widening projects. CVAG-City of Palm Springs/Indian Canyon across White Water River Wash-September 2002 Page 8 /��� EXHIBIT "C" PROJECT SCHEDULE "INDIAN CANYON DRIVE ACROSS WHITE WATER RIVER WASH" DESIGN ENGINEERING AND CONSTRUCTION — Enviromnental & Design 2003-2004 — Construction 2004-2005 CVAG-City of Palm Springs/Indian Canyon across White Water River Wash-September 2002 Page 9 ,31411 EXHIBIT "D" "PROJECT SIGN" "INDIAN CANYON DRIVE ACROSS WHITE WATER RIVER WASH" The Proiect Sign shall consist of the following information: YOUR TAX DOLLARS AT WORK "PROJECT NAME" FUNDED BY: — RIVERSIDE COUNTY TRANSPORTATION COMMISSION/ COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS — 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\psindianrr601 CVAG-City of Palm Springs/Indian Canyon across White Water River Wash-September 2002 Page 10 � � 1Z ATTACHMENT 1 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS REGIONAL ARTERIAL PROGRAM PROJECT COST DETERMINATION AND EXPENSE ELIGIBILITY Page 11 3413 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 Page 12 1.0 INTRODUCTION This section of the procedures manual outlines the process which shall be followed in determining proj ect costs and project expense eligibility which has been approved to be constricted 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 ofthis section is to provide a guideline for agencies to make application for a proj ect for both Measure A and Transportation Uniform Mitigation Fee (TUMF) funding. The proj ect development process starts with an agency-initiated study after ahighway 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 ofthe TUMF review process. 2.0 COST ESTIMATE DEFINITIONS • Construction An updated cost estimate for the costs to build the improvement per the approved plans and specifications. • Engineering Engineering costs will usually be estimated on the basis of a percentage of the estimated construction costs. • 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. • Scheduling Indicate status ofproject,giving a tentative schedule for engineering,right- of-way acquisition and constriction. Discuss project phasing,ifpl pried. 3.0 PROJECT IDENTIFICATION Any project which is to be submitted for review and funding shall meet or provide all of the following: • The proposed project shall appearonthe approvedJune 1999 Transportation Project Prioritization Study updated list of projects. • The project shall be clearly identified showing,as a minimum,the limits ofthe prof ect,scope of work, anticipated start and completion dates, estimated project cost and funding sources. • A general statement of the project. Why it is needed, etc. • A preliminary design estimate for all design services. • A preliminary construction cost estimate,to be updated once design is completed. • A preliminary construction management and Agency project management cost estimate. Page 13 2�411s 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 ftmding. 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 ofthe Regional Arterial Program,in order to recapture funds expended. Any recaptured funds will reduce the overall cost ofthe project. 5.0 PROJECT LIMITS The Lead Agency submitting aproposed project for review and funding shall clearly identify the project limits. The limits ofthe project shall be defined as the beginning and the end ofthe 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 offundingmayinclude local funds from the agencyproposing the project, local gas tax funds, ISTEA funds, redevelopment funds, etc. All funding sources should be considered by the agency prior to proj ect submittal to CVAG for fnrding from the Regional system funds. CVAG will advance fund,for TUMFj urisdictions,a proj ect 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. Page 14 a /q/`r 7.0 PROJECT SCOPE OF WORK Apreject 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: • Right-of-Way Acquisition and Relocation • Project limits • Typical roadway improvement section • Vicinity map for project location identification • Anticipated starting date - Engineering, R-O-W Acquisition and Construction • Anticipated completion date - Engineering, R-O-W Acquisition and Construction • 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 aguideline 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 ofthe landscape improvements which shall or shall not be eligible for regional funding: • All new landscaping, electrical and irrigation work shall NOT be eligible for regional funding. • Only new utility sleeves which are to be placed below the roadway surface for future use shall be eligible for regional funding. Additionally,anyexisting landscaping,electrical andirrigationwhich 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 agencyprojectconstmctionwill 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, '-'-"micelanes, etc. are not eligible for Regional Arterial funding. Page 15 a /� Exception: One sidewalk (Bikelanes are eligible for Regional Arterial funding,Executive Committee action on 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 proj ects 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 Enterpriseprogram. All recipients ofFederal 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: • CVAG approved project construction cost estimate. • 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 ofmonumentation 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. Page 16 a 044 12.0 PROJECT CONSTRUCTION MANAGEMENT Project construction management costs shall be eligible for regional funding only if it is to fluid one or more of the following: • Construction inspection • Materials testing • Project management • Construction Survey • Geotechnical studies and reports • Contract administration 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 proj ect.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 ofaproject. Ifa 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 Page 17 /� MINUTE ORDER NO. APPROVING A REIMBURSEMENT AGREEMENT WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR NOT-TO-EXCEED $1,662,000 IN REGIONAL MEASURE A FUNDS(50%OF ESTIMATED TOTAL COSTS)FOR THE PROPOSED WIDENING OF INDIAN CANYON DRIVE FROM 2 TO 4 LANES ACROSS THE WHITEWATER WASH; CITY PROJECT NO. 2001-25. I HEREBY CERTIFY that this Minute Order approving a reimbursement agreement with the Coachella Valley Association of Governments (CVAG) for not-to-exceed $1,662,000 in Regional Measure A Funds (50% of estimated total costs)for the proposed widening of Indian Canyon Drive from 2 to 4 lanes across the Whitewater Wash; City Project No. 2001-25, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 201"day of November, 2002. PATRICIA A. SANDERS City Clerk