HomeMy WebLinkAboutA4395 - CVAG TRAFFIC SIGNAL INTERCONNECT SUNRISE CVAG
Traffic Signal Interconnect
Gd(eti'eD`u3C��i�eo AGREEMENT #4395
M06917, 9-5-01
CITY OF PALM SPRINGS - CVAG -
- FUNDING AGREEMENT
"TRAFFIC SIGNAL INTERCONNECT PROJECT ON SUNRISE WAY
BETWEEN EAST PALM CANYON AND VISTA CHINO"
THIS AGREEMENT is made and entered into this day of c , 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 ROTC, 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$8.7 Million 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. In the event the project bids exceed
$160,000,the Agency shall have the right to reject all bids and not proceed with the project. In the
event Agency determines not to proceed with the project, any funds contributed to the project by
CVAG may be withdrawn by the CVAG Executive Committee in order to be re-allocated to any
other eligible CVAG projects.
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
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:
LThe 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 apart 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
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 prograrn. 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
Att.: 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
Traffic Signal on Sunrise Way/City of palm Springs/CVAG Funding Agreement May 2001 Page3 ,
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(ifpersonally 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 parry 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 ofthe instrument,or the application of such tern,
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 of this
agreement shall be valid and enforceable to the fullest extent permitted 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.
Traffic Signal on Sunrise Way/City of Palm Springs/CVAG Funding Agreement May 2001 Page4
1 1 • •
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 City Clerk City Manager
Approved as to Form C/
ry Attorney
APPROVED BY THE CITY COUNCIL
ATTEST: CVAG
By: -A w- .e. By: 101,11
Patricia A. Larson = 141
Executive Director CVAGkhair
Traffic Signal on Sunrise Way/City of Palm Springs/CVAG Funding Agreement May 2001 Pages
EXHIBIT "Aft
SCOPE OF SERVICES
"TRAFFIC SIGNAL INTERCONNECT PROJECT ON SUNRISE WAY
BETWEEN EAST PALM CANYON AND VISTA CHINO"
This project will provide for a Traffic Signal interconnect on Sunrise Way in the City of Palm
Springs.
Traffic Signal on Sunrise Way/City of Palm Springs/CVAG Funding Agreement May 2001 Page6
' EXHIBIT "B"
ESTIMATE OF COST
"TRAFFIC SIGNAL INTERCONNECT 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 PROJECT ON SUNRISE WAY
BETWEEN EAST PALM CANYON AND VISTA CHINO"
— Design Completion November 2001
— Construction Completion August 2002
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'r
The Project Sign shall consist of the following information:
YOUR TAX DOLLARS
AT WORK
"PROJECT NAME"
FUNDED BY:
— RIVERSIDE COUNTY TRANSPORTATION COMMISSION/
COACIIELLA 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.
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Traffic Signal on Sunrise Way/City of Palm Springs/CVAG Funding Agreement May 2001 Page9
ATTACHMENT 1
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 DEFITIITIONS
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
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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
• 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 of project,giving atentative 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:
• The proposed project shall appear on the approved June 1999 Transportation Project
Prioritization Study updated list of projects.
• 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.
• 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.
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1 f � •
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 funds 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.
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:
• 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 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:
• 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, 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 (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 (CPR) 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 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:
• Construction inspection
• Materials testing
• Project management
• Construction Survey
• Geoteclmical studies and reports
• Contract administration
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
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