HomeMy WebLinkAboutA3323 - CVAG MEASURE A TUMF FUNDS INDIAN WIDENINGMO 5292 CVAG Agreement
Measure "A"/TUMF Funds
AGREEMENT #3323
M05292, 12-15-93
CITY OF PALM SPRI
NGS - CVAG AGREEMENT FOR MEASURE "A"/TUMF T
FUNDED PROJECTS .
SMALL PROJECTS FUND - INiDIAN CANYON DRIVE (ROAD WIDENING AT
TRAMVIEW ROAD) .
THIS AGREEMENT is made and entered into thisL
Lf-_-- day of
` 19q1� , by and between the City of Palm Springs , a
municipal corporation , hereinafter "Agency" , and the Coachella
Valley Association of Governments, a California Joint Powers
Authority, hereinafter "CVAG" .
WITNESSETH
WHEREAS, 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
WHEREAS , approval of a highway financing measure by the
voters of Riverside County in November of 1988 has created a
source of funds with which to construct such projects; and
WHEREAS , CVAG and its member agencies have adopted a
Transportation Uniform Mitigation Fee (TUMF) , the proceeds from
which are also intended to :Eund the construction of such regional
projects; and
WHEREAS, CVAG by agreement with its member agencies and with
the Riverside County Transportation Commission (RCTC) , has been
designated as the agency through which such funds are to be
conveyed and disbursed for the purpose of completing said
regional transportation projects; and
WHEREAS , there exists a compelling need to design and
construct such regional facilities, some of which are planned or
exist within the jurisdictional boundaries of City; and
WHEREAS, CVAG, and the Agency are desirous of making use of
such funds within and near the jurisdictional boundaries of the
Agency for the purpose of financing and accomplishing the
construction of improvements generally described as :
The widening of Indian Canyon Drive northerly of Tramview Road
for a length of 540 feet . This widening would be pavement
widening only and would not include concrete curb and gutter .
The widening would occur on the west side of Indian Canyon Drive
and would be to the ultimate westerly edge of the road section
required on the General Plan of the City of Palm Springs .
This project is generally described as the Indian Canyon Drive
widening improvements . The construction of such improvements
will hereinafter be referred to as the "Project" .
The Project ' s Scope of Work is more particularly described in
Exhibit A " Indian Canyon Drive - Road Widening" , which is
attached hereto and made a part hereof .
The Project ' s cost estimate is describe in Exhibit B "Estimate of
Cost" , which is attached hereto and made a part hereof .
NOW THEREFORE , in consideration of the mutual promise ( s )
contained herein, the parties hereto agree as follows :
1 . Agency is hereby designated as the lead agency for the
Project .
2 . Agency shall prepare or cause to be prepared all design
plans , specifications , plats , cost estimates and other
documents as required for the Project , and is hereby
designated as the contracting, and design agent and will
perform all acts necessary or required in order to cause said
project to be designed and constructed.
3 . The total cost for the project is estimated as follows :
TOTAL PROJECT: $50, 000 .
A description of the construction being funded, pursuant to
this agreement is summarized and set forth in Exhibit A
"Scope of Services - ]Indian Canyon Drive - Road Widening"
attached hereto and made a part hereof . The Project is more
particularly described in Exhibit B "Estimate of Cost"
attached hereto and made a part hereof .
4 . CVAG will provide funds to the Agency in an amount estimated
not to exceed 500 of actual construction cost or a maximum of
25 000, which ever is lesser for the Project.
5 . Such funds shall be ;paid to Agency by CVAG to reimburse
Agency for expenses incurred by Agency for work or services
completed by Agency or its contractor, on said Project .
6 . Such reimbursements shall be made upon presentation to CVAG
of statements from Agency , certifying its costs , and
enclosing therewith copies of contractor ' s invoices ,
evidence of payment, and such other information and records
as may be required by CVAG to verify costs, provided however,
that such reimbursements shall be made to Agency no more
frequently than monthly.
7 . Prior to payment of any final reimbursement to Agency by
CVAG, a final report shall be submitted to CVAG by Agency
containing a record of all payments made for said
Construction and the source of funds of all such payments,
together with a record of all change orders, cost over-runs,
and other expenses incurred, and final payment will
thereafter be paid by CVAG in accordance with its rules and
regulations and policies concerning Project Cost
Determination And Expense Eligibility.
8 . 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, CVAG
will in good faith consider an amendment to this agreement to
reimburse any such costs , not to exceed 50% of amendment
cost, provided such increases are for items of work which are
covered by CVAG' s rules, regulations, and policies concerning
project cost determination and expense eligibility.
9 . Agency agrees to keep all Project contracts and records for a
period of not less than three (3 ) years from the date a
Notice of Completion is filed by the Agency on such Project,
and further agrees that all such files and records will be
made available to CVAG upon its request for the purpose of
checking costs or auditing for compliance with this
agreement .
10 . 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 coverages required by Agency on each
contract . 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.
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 a
dispute nor its consideration by CVAG will excuse Agency from
full and timely performance in accordance with the terms of
this contract .
t 12 . The Scope of Work shall be subject to changes, for the
purpose of CVAG reimbursement, by additions , deletions, or
revisions by agreement between Agency and CVAG if such
changes are in accordance with the policies, procedures, and
cost determination/expense eligibility criteria adopted by
CVAG.
13 . It is the intent of the Agency, ROTC, and CVAG that the
Project be represented as being funded by Measure "A"/TUMF
funds . All project 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 . 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
1 the opportunity to observe who the agencies are that are
providing funds for the construction of the project . Exhibit
"C" provides guidance for the "Project Sign" .
14 . This agreement is for funding purposes only, and the Agency
agrees to indemnify, defend and hold CVAG and all its member
agencies harmless from any damages, claims, liens, costs, or
liabilities occurring from any action done or omitted by
Agency which may arise as a result of the efforts outlined in
the "Scope of Services" (Exhibits A) , design, construction,
or administration of the Project by Agency.
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 INGS
By: �(� L ..� By:
J{adi'th Sumich, Cit�j Clerk Rob Parkins, City Manager
By:
David Aldrhire, City Attorney
CVAG
Lester Cleveland-w— Tom Hunt, Chairman
Executive Director
APPROVED BY THE CITY COUNCIL
BYRE,. /rs% 3
EXHIBIT A
SCOPE OF SERVICES
"INDIAN CANYON DRIVE - ROAD WIDENING AT TRAMVIEW ROAD"
This Scope of Services is written for the design and construction
phase of this project .
Design - includes preparation of plans , specifications and
construction documents .
Design Survey - includes establishing all control points and
determining preliminary vertical and horizontal alignments for
each.
Mobilization - includes site set up with equipment , materials,
and administrative area (move-in) .
Traffic Control - provides for traffic safety, detour and control
of traffic flow around and/or through construction area.
Clearing and Grubbing - includes preparation of site for
construction activities .
Grading and Overexcavation - includes operations, as necessary,
connected with roadway excavation , structure excavation ,
backfill, ditch excavation, and compaction.
Asphalt Concrete Pavement - Asphalt concrete shall be furnished
in accordance with the standards and specifications .
Aggregate Base - Aggregate base shall be place in accordance with
the standards and specifications and compacted in place.
Striping Removal and Restrip - provides for proper surface
preparation and the application of lane delineation for the
improved intersection.
Construction Survey and Inspection - provides for the final
horizontal and vertical alignments and includes field observation
by lead agency engineer or designated representative to determine
that work is performed in accordance with plans and
specifications .
Contingencies - this line item accounts for insufficient design
detail or other information that may affect the construction of
the project that is "unknown" in advance of the project
initiation.
EXHIBIT B
ESTIMATE OF COST
"INDIAN CANYON DRIVE - ROAD WIDENING AT TRAMVIEW ROAD"
QUANTITY UNIT ITEM PRICE AMOUNT
16 HRS DESIGN $ 50 . 00 $ 800 . 00
200 HRS DESIGN SURVEY 8 . 00 1, 600 . 00
1 L.S . MOBILIZATION 1, 800 . 00 1, 800 . 00
1 L.S . TRAFFIC CONTROL 800 . 00 800 . 00
1 L. S . CLEARING AND GRUBBING 800 . 00 800 . 00
1 L. S . GRADING & OVEREXCAVATE 5, 800 . 00 5 , 800 . 00
6000 S . F. A. C. PAVEMENT 1 . 30 7, 800 . 00
6000 S .F. AGGREGATE BASE . 60 3 , 600 . 00
1 L.F. STRIP REMOVAL/RESTRIP 6, 000 . 00 6, 000 . 00
1 L. S . CONSTRUCT SURV/INSPECT 3 , 200 . 00 3 , 200 . 00
SUBTOTAL 32, 200 . 00
CONTINGENCIES 17, 800 . 00
TOTAL 50, 000 . 00
]EXHIBIT "C"
"PROJECT SIGN"
The "Project Sign" shall consist of the following information:
INDIAN CANYON AVENUE - ROAD WIDENING
FUNDS FOR THIS PROJECT
PROVIDE BY
CITY OF PALM SPRINGS $ " XX,XXX"
RIVERSIDE COUNTY TRANSPORTATION COMMISSION "XX,XXX"
MEASURE "A" 1/2 CENT SALES TAX
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS "XX,XXX"
TRANSPORTATION UNIFORM MITIGATION FEE
TOTAL "XXX,XXX"
Other information, such as City Logo and/or Measure "A" Funds
Logo, is encouraged.
agreemen.ts/psindian. can/w7_c/8-31-93