HomeMy WebLinkAbout1B OCRCity Council Staff Reoort
DATE: November 12, 2020 CONSENT CALENDAR
SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
KIMLEY-HORN AND ASSOCIATES, INC., A NORTH CAROLINA
CORPORATION, FOR THE HIGHWAY SAFETY IMPROVEMENT
PROGRAM (HSIP) CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS,
FEDERAL-AID PROJECT NO. HSIPL-5282 (049) CITY PROJECT NO. 18-
05
FROM: David H. Ready, City Manager
BY: Development Services Department
SUMMARY:
Approval of the Professional Services Agreement with Kimley-Horn and Associates, Inc.,
("Kimley-Horn"), a North Carolina corporation, will allow the City to proceed with
professional environmental and engineering design services to commence with the
Preliminary Engineering (PE) phase for the Highway Safety Improvement Program
(HSIP) Cycle 9 Traffic Signal Improvements, Federal-Aid Project No. HSIPL-5282 (049),
City Project No. 18-05 (the "Project").
RECOMMENDATION:
1. Approve Professional Services Agreement No. __ with Kimley-Horn and
Associates, Inc., a North Carolina corporation, in the amount of $248,329 for
environmental and engineering design services for the Highway Safety Improvement
Program (HSIP) Cycle 9 Traffic Signal Improvements, Federal-Aid Project No. HSIPL-
5282 (049), City Project No. 18-05; and
2. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
The Public Integrity Disclosure Form from Kimley-Horn is included as Attachment 1.
City Council Staff Report November 12, 2020 --Page 2 Award PSA HSI P 9 -Kimley-Horn BACKGROUND: After successfully being awarded HSIP Cycle 7 and HSIP Cycle 8 grant funding, Staff continues to apply for grants to improve the safety of the traveling public and pedestrians. The Engineering Division submitted a grant application to Caltrans for federal Highway Safety Improvement Program (HSIP) Cycle 9 funds to upgrade an additional nine (9) traffic signal intersections with the latest in traffic safety equipment, including installation of advanced dilemma zone detection, upgrading existing traffic signals with full left turn left-turn protected phasing1, new video vehicle detection technology, upgraded battery back-up emergency power systems, upgraded curb ramps and related improvements. The following intersections are included in the Project: 1. Tahquitz Canyon Way/ Calle Encilia 2. E. Palm Canyon Drive / Escoba Drive / S. Araby Drive 3. Ramon Road/ Avenida Caballeros 4. Ramon Road / Compadre Road 5. Farrell Drive/ Via Escuela 6. Sunrise Way/ Tachevah Drive 7. Farrell Drive / Alejo Road 8. Indian Canyon Drive / 20th Avenue 9. Sunrise Way/ Alejo Road A map of the locations are shown in Figure 1 on the next page. The City's application was among a limited number of 28 projects awarded funding in the Riverside/San Bernardino County area (Caltrans District 8) of the 221 projects awarded statewide from a pool of 351 applications. Within the Coachella Valley, Palm Springs (1 project), Indio (1 project), Desert Hot Springs (3 projects) and Cathedral City (2 projects) were awarded HSIP Cycle 9 funding. The City was awarded the full combined grant request of $1,702,700 which is 100% grant funded (with no required local match). As a condition of award, Caltrans requires agencies to meet key delivery deadlines. The City has received its Authorization to Proceed with Preliminary Engineering for the Project, meeting the first of two milestones per the award letter. As part of the Authorization for Funding, the City of Palm Springs and the State of California is required to enter into standard agreements in order to receive federal funding. On December 18, 2019, the City Council approved Program Supplement Agreement No. F049 to facilitate the use of federal funds for the Project. With this approval, the City can obtain reimbursement of up to $303,500 in federal-aid funds toward the environmental and engineering design phase (Preliminary Engineering) for the Project. 1 Some of the traffic signals included in the Project currently have what is called "protected-permissive" signal phasing, allowing left turning vehicJes to turn left on a "permissive" green light when there is no opposing traffic. To eliminate the potential for left-turn conflicts with opposing vehicles, the HSIP grant provides funding for the Project to convert these traffic signals to left-turn protected signal phasing, requiring left turning vehicles to wait for a protected left turn green arrow before proceeding. Additional information on left turns at traffic signals are provided in Attachment 2. 2
City Council Staff Report November 12, 2020 --Page 3 Award PSA HSI P 9 -Kimley-Horn Figure 1 3
City Council Staff Report November 12, 2020 --Page 4 Award PSA HSIP 9 -Kimley-Horn STAFF ANALYSIS: Staff prepared a Request for Proposals (RFP) soliciting proposals from qualified professional engineering firms to provide the City with environmental and engineering design services related to the Project. The scope of services requested includes the preparation of environmental documents and technical studies necessary to obtain environmental clearances; preparation of plans, specifications and estimate; and construction support for implementing the Project. On May 14, 2020, the City received proposals from the following seven firms, identified below: • Advantec Consulting Engineers, Inc., Irvine, CA • ITERIS, Santa Ana, CA • Kimley-Horn, Orange, CA • TKJM, Pleasanton, CA • Albert Webb & Associates, Riverside, CA • ERSC, Redlands, CA • KOA Corporation, Ontario, CA An Evaluation Committee consisting of Engineering Services Division Staff independently reviewed the proposals and evaluated them based on the criteria established in the RFP. The Evaluation Committee met with the Procurement and Contracting Manager to complete and review the evaluation process, and unanimously agreed that Kimley-Horn was the most qualified professional firm to provide the requested services for the Project. Staff reviewed Kimley-Horn's cost proposal of $248,329 and compared the proposals from the other two HSIP projects and found the cost to be reasonable and within the budget provided by the HSIP 9 grant. Staff recommends that the City Council approve the Professional Services Agreement with Kimley-Horn in the amount of $248,329. A copy of the Professional Services Agreement is included as Attachment 2. Local Business Preference Compliance Section 7 .09.030 of the Palm Springs Municipal Code, "Local Business Preference Program," indicates that in awarding contracts for services, including consultant services, preference to Local Business shall be given whenever practicable, and that the consultant shall solicit proposals from sub-consultants from local firms. In accordance with the exceptions in the Code, given the federal funding associated with this Project, local preferences are not allowed, and the provisions of the City's Local Business Preference Program were not included in the City's RFP. 2 2 The primary basis behind the prohibition of local hiring preferences is that they are inconsistent with the principles of free and open competition, which is required in the federal-aid program pursuant to federal law found at 23 USC 112, "Letting of Contracts". 4
City Council Staff Report November 12, 2020 --Page 5 Award PSA HSIP 9 -Kimley-Horn ENVIRONMENTAL IMPACT: Construction of the Project is subject to environmental review pursuant to the California Environmental Quality Act ("CEQA"), and the National Environmental Policy Act ("NEPA"). Kimley-Horn will complete all technical and environmental analysis associated with the Project to determine any environmental mitigation measures required, and will prepare environmental documents for City approval. FISCAL IMPACT: This project is federally funded with HSIP federal-aid funds. The environmental and engineering design (Preliminary Engineering) phase of the Project has been programmed with disbursements and use of up to $303,500 of HSIP federal-aid funds. Sufficient funds are available to approve the proposed professional services agreement with Kimley-Horn, in the amount of $248,329. The entire contract amount is funded 100% with federal HSIP funds, no local or Measure J funds will be required for this project. SUBMITTED: ----1-------,:I ~~-~=....,___t ~~ ~ Fhnn Fagg, AIC0PV Marcus L. Fuller, MPA, PLS, PE Director of Development Services Assistant City Manager ...... David H. Ready, Ph.D. City Manager Attachments: 1. Public Integrity Disclosure Form 2. Left Turn 3. Professional Services Agreement 5
Attachment 1 6
1. 2. 3. 4. 5. PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Name of Entity Kimley-Horn and Associates, Inc. Address of Entity (Principle Place of Business) 421 Fayetteville Street, Suite 600, Raleigh NC 27601 Local or California Address (if different than #2) 45-25 Manitou Drive, Suite 11, Indian Wells, CA 92210 State where Entity is Registered with Secretary of State State of California If other than California, is the Entity also reaistered in California?~ Yes o No Type of Entity IX Corporation o Limited Liability Company• Partnership• Trust o Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and otherfiduciaries for the member, manager, trust or other entity Steven E. Lefton ~Officer• Director• Member• Manager [name] • General Partner • Limited Partner D{ Other CEO, President ___ J_o_h_n_C_._A_tz___________ • Officer Ci Director • Member • Manager [name] • General Partner • Limited Partner X Other Chairman ____ R_ic_h_ar_d_N_._c_o_o_k _________ • Officer • Director • Member • Manager [name] • General Partner • Limited Partner K Other Sr. Vice President CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2 PUBLIC INTEGRITY DISCLOSURE FORM 7
PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity A. Associates Group Services, Inc. 100% Kimley-Horn and Associates, Inc. [name of owner/investor] [name of official with whom owner/investor has material financial relationship] FOR RELATIONSHIP A, EXPLANATION OF THE RELATIONSHIP: Parent Company of Kimley-Horn B. 100% Associates Group Services, Inc. APHC, Inc. Has no owners/investors with APHC, Inc. 5% beneficial interest. [name of owner/investor] [name of official with whom owner/investor has material financial relationship] FOR RELATIONSHIP B, EXPLANATION OF THE RELATIONSHIP: Parent Company of Kimley-Horn's parent company and other affiliated companies C. [name of owner/investor] [name of official with whom owner/investor has material financial relationship] FOR RELATIONSHIP C, EXPLANATION OF THE RELATIONSHIP: I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Disclosing Party, Printed Name, Title a~ 11-~ Jean' ~ares, P.E., Sr. Vice President 9.24.2020 CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 2 of 2 PUBLIC INTEGRITY DISCLOSURE FORM 8
Kimley-Horn and Associates, Inc. Principal Officers and Directors PRINCIPAL OFFICERS: Names/Titles John C. Atz, Chairman Steven E. Lefton, CEO, President Richard N. Cook, Senior Vice President, Secretary Tammy L. Flanagan, CFO, Senior Vice President David L. McEntee, Vice President, Treasurer, Assistant Secretary DIRECTORS: Names John C. Atz Chairman Barry L. Barber Executive Vice President Stephen W. Blakley Senior Vice President Paul B. Danielson Senior Vice President William E. Dvorak, Jr. Senior Vice President James R. Hall Senior Vice President Steven E. Lefton CEO, President Emmeline F. Montanye Senior Vice President Brent H. Mutti Senior Vice President Brooks H. Peed Chairman Emeritus Michael G. Schiller Executive Vice President G. Bradbury Tribble Senior Vice President Ownership: Kimley-Horn and Associates, Inc. is wholly owned by Associates Group Services, Inc., which is wholly owned by APHC, Inc., which is owned by over 500 Kimley-Horn employees, none of which own 5% or more of the outstanding shares. 9
Attachment 2 10
Left Turns at Traffic Signals Traffic signals are designed with three levels of control for left turning vehicles at intersections, as explained below. • Permissive left turn The permissive signal control uses a green light that allows for the driver turning left at the intersection to make the turn when there is enough distance (or "gaps") with on-coming traffic to safely make the left turn. The driver turning left must yield to opposing through traffic and determine when it is safe to turn left. Permissive traffic signals are identified by the typical 3-section vehicle lights consisting of red I yellow I green "balls" as shown in Figure 1 below. t t Figure 1. Typical Permissive Left Turn Permissive traffic signal operation allows for shorter traffic signal cycle lengths due to the elimination of any protected left turn phases. Permissive traffic signal operations do not provide a dedicated phase for left turning vehicles, requiring drivers who desire to turn left to yield to opposing through traffic and to safely determine the speed of oncoming traffic when identifying gaps in which to turn. • Protected -Permissive left turn The protected-permissive signal control uses the perm1ss1ve left turn operation in combination with a protected left turn operation and was implemented by the City at many intersections in accordance with State standards. The protected-permissive signal control operates by providing a protected left turn phase when enough cars are queued to turn left, or automatically at the start of a green phase, cycling to a permissive left turn phase allowing left turning vehicles to turn when safe to do so with on-coming traffic. During the protected left turn phase, opposing vehicles are stopped by a red light that will cycle to a permissive green light. Left turning vehicles are first given clearance to turn on a green left arrow that will cycle to a yellow left arrow followed by a permissive green "ball". The 11
permissive green light phase will cycle through the traditional yellow and red phases to complete the cycle. Protected-permissive traffic signal are identified by 5-section vehicle lights that include a red "ball" and two sections of yellow I green arrows and "balls" as shown in Figure 2 below. UfflVIN YIELD -.... ON OIIINFi~i_~~~\ t t Figure 2. Typical Protected-Permissive Left Turn Protected-permissive traffic signal operation requires a longer traffic signal cycle length due to the addition of protected left turn phase in combination with a permissive phase; however, during the permissive phase drivers turning left are still required to yield to opposing through traffic and to safely determine the speed of oncoming traffic to identify gaps in which to turn during the permissive phase. Studies have shown that a protected-permissive signal operation can have a lower volume of collisions than a traffic signal with permissive only operation. • Protected left turn The protected signal control provides a dedicated left turn phase only limiting the opportunity for a driver to turn left at only those times a green arrow is identified for the left turn lane(s). During the protected left turn phase, the opposing through movement is stopped by a red light until the left turn signal cycles through the yellow and red arrow, at which time opposing through traffic may receive the green "ball" to proceed through the intersection and the opposing left turning vehicle is stopped by a red arrow. This is followed by a yellow arrow and finally a red arrow. Protected traffic signals are identified by the typical 3-section vehicle lights consisting of a red arrow I yellow arrow I green arrow indicated over the left turn lane, and red I yellow I green "balls" for the adjacent through lanes as shown in Figure 3 below. 12
t t I Figure 3. Typical Protected Left Turn Protected traffic signal operation requires a longer traffic signal cycle length as it provides a fully dedicated phase for all left turn movements. Left turning vehicles are required to wait through the traffic signal cycle until the green arrow is indicated. Studies have shown that the protected signal operation can have the lowest volume of collisions due to the complete separation of left turning vehicles from opposing traffic. 13
Attachment 3 14
CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS FEDERAL-AID PROJECT NO. HSIPL-5282(049); CITY PROJECT NO. 18-05 THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this __ day of ______ , 20_, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City") and Kimley-Horn and Associates, Inc., (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties." RECITALS A. City has determined that there is a need for environmental and traffic engineering design services related to the HSIP Cycle 9 Traffic Signal Improvements, Federal Aid Project No. HSIPL-5282(049), City Project No. 18-05, ("Project"). B. Consultant has submitted to City a proposal to provide environmental and traffic engineering design services related to the Project for the City pursuant to the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.0 SERVICES OF CONSULT ANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A," which is attached hereto and is incorporated herein by reference (hereinafter referred to as the "Services" or "Work"). As a material inducement to the City entering into this Agreement, Consultant acknowledges that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant represents that it is a provider of professional services and that Consultant is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the generally accepted professional standards ordinarily adhered to by members of the profession in performing the Work and Services required hereunder. For purposes of this Agreement, the phrase "professional standards" shall mean those standards of practice recognized among well-qualified and experienced professionals in the same industry performing similar work under similar circumstances. Page 1 of 29 15
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Consultant's Proposal, which are both attached as Exhibits "B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms of this Agreement; (2nd) the provisions of the Scope of Services (Exhibit "A"); as may be amended from time to time; (3rd) the provisions of the City's Request for Proposal (Exhibit "B"): and, (4th) the provisions of the Consultant's Proposal (Exhibit "C"). 1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable Cal/OSHA requirements. 1.4 Licenses, Permits, Fees and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant affirms that Consultant (a) has considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. Page 2 of 28 16
1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Performance of Services. City Manager or the Director of Engineering Services / City Engineer, as provided in Section 2.1 of this Agreement, shall have the right at any time during the term of this Agreement to order the performance of services as generally described in the Scope of Services to perform extra or additional work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No Work may be undertaken unless a written order is first given by the City Manager or the Director of Engineering Services / City Engineer to the Consultant, incorporating therein the identification and description of the Work to be performed, a maximum or not to exceed amount for such Work, and the time to perform this Agreement. 1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City. 2.0 COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of Two Hundred Forty-Eight Thousand. Three Hundred Twenty-Nine Dollars ($248,329) ("Maximum Contract Amount"), except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified in this Agreement. If the City's maximum payment obligation is reached before the Consultant's Services under this Agreement are completed, Consultant shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount. Page 3 of 28 17
2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City's Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. Consultant shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by the City's Contract Officer. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement. If such appropriations are not made, the City Manager may terminate this Agreement as provided in Section 8.3 of this Agreement; otherwise, there shall be no funding for any work or services and Consultant shall not be entitled to payment for any work or services that Consultant may provide. Consultant further acknowledges the following: A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the contract were executed after that determination was made. 8. This Agreement is valid and enforceable only, if sufficient funds are made available to the City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City Council that may affect the provisions, terms, or funding of this Agreement in any manner. C. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds. D. The City has the option to void the Agreement under the 30-day termination clause pursuant to as provided in Section 8.3 of this Agreement, or by mutual agreement to amend the Agreement to reflect any reduction of funds. Page 4 of 28 18
2.5 Cost principals and Administration Requirements. A. Consultant agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. B. Consultant also agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by Consultant to City. 2.6 Prompt Payment to Subconsultants. Consultant or Subconsultant shall pay to any Subconsultant, not later than ten (10) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed Consultant on account of the work performed by the Subconsultants, to the extent of each Subconsultant's interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from Consultant or Subconsultant to a Subconsultant, Consultant or Subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the Subconsultant, of 2 percent of the amount due per month for every month that payment is not made. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney's fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants. 2. 7 Equipment Purchase and other Capital Expenditures. A. Prior authorization in writing, by City's Contract Officer, shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or Consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. B. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000 prior authorization by City's Contract Officer; three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified. C. Any equipment purchased as a result of this Agreement is subject to the following: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the contract, or if the contract is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to Page 5 of 28 19
the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. 2.8 Retention of Funds. A. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section. B. No retainage will be held by the City from progress payments due to Consultant. Consultants and Subconsultants are prohibited from holding retainage from Subconsultants. Any delay or postponement of payment may take place only for good cause and with the City's prior written approval. Any violation of these provisions shall subject the violating Consultant or Subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to Consultant or Subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient Subconsultant performance and/or noncompliance by a Subconsultant. This clause applies to both DBE and non-DBE Subconsultants. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon attached Schedule of Performance (Exhibit "E"), incorporated by reference. 3.2 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time period(s) specified in a Task Order for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's Page 6 of 28 20
determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section. Due to the ever changing circumstances surrounding the COVID-19 Virus, situations may arise during the performance of this Agreement that affect availability of resources and staff of Consultant, the City, other consultants, and public agencies. There could be changes in anticipated delivery times, jurisdictional approvals, and project costs. Consultant will exercise reasonable efforts to overcome the challenges presented by current circumstances, but Consultant will not be liable to City for any delays, expenses, losses, or damages of any kind caused by the COVID-19 Virus. 3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services. However, the term shall not exceed five (5) years from the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above. Any extension must be through mutual written agreement of the Parties. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Jean Fares, PE. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its Page 7 of 28 21
Subconsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any Subconsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City. Consultant further acknowledges the following: A. No subcontract shall relieve the Consultant of its responsibilities and obligations hereunder. The Consultant agrees to be as fully responsible to the City for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Consultant. The Consultant's obligation to pay its Subconsultants is an independent obligation from the City's obligation to make payments to the Consultant. B. The Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the City's Contract Officer, except that which is expressly identified in the approved Cost Proposal. C. Any subcontract entered into as a result of this Contract, shall contain all the provisions stipulated in this entire Contract to be applicable to Subconsultants unless otherwise noted. D. Any substitution of Subconsultants must be approved in writing by the City's Contract Officer in advance of assigning work to a substitute Subconsultant. 4.4 Independent Consultant. A. The legal relationship between the Parties is that of an independent Consultant, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, Page 8 of 28 22
unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. 8. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, Subconsultants, or agents, Consultant shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose AM. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy Page 9 of 28 23
shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its Subconsultants, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-Page 10 of 28 24
insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000. 5.3 Other Insurance Requirements. The following provrsrons shall apply to the insurance policies required of Consultant pursuant to this Agreement: 5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary insurance as respects City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.4 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 5.3.6 Consultant agrees to ensure that subConsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subConsultants and others engaged in the Project will be submitted to the City for review. Page 11 of 28 25
5.3. 7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard. 5.3.8 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section. 5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at Page 12 of 28 26
any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured ... " ("as respects City of Palm Springs Contract No._" or "for any and all work performed with the City" may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have ... " ("as respects City of Palm Springs Contract No._" or "for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 6. INDEMNIFICATION 6.1 To the fullest extent permitted by law, Consultant shall defend, indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that to the extent arise out of or relate to Consultant's negligent performance under this Agreement. This indemnification clause excludes Claims arising from the sole or active negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Page 13 of 28 27
Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 6.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend, protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subconsultants, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials. Officers, employees, agents and volunteers. B. Consultant shall reimburse, within thirty (30) days of receipt of written invoice or statement, the Indemnified Parties for any reasonable expenditures, including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified Claims, whether or not Consultant is named as a party to the Claim proceeding. The determination whether a Claim "may arise out of, pertain to, or relate to Indemnified Claims" shall be based on the allegations made in the Claim and the facts known or subsequently discovered by the Parties. In no event shall the cost to defend charged to the Consultant exceed the judicially determined Consultant's proportional percentage of fault. To the extent Consultant's reimbursements in the ordinary course to the Indemnified Parties on account of the Indemnified Claims exceed such amount (the "Excess Amount"), then, within a reasonable time after such judicial determination, to the extent such determination has not been appealed by the Indemnified Parties, the Indemnified Parties shall return the Excess Amount to Consultant. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. C. The Consultant shall require all non-design-profession Subconsultants, used or subcontracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in favor of the Indemnified Parties. In additions, Consultant shall require all non-design-professional Subconsultants, used or subcontracted by Consultant to perform the Services or Page 14 of 28 28
Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 6.3 Claims Filed by City's Construction Contractor. A. If claims are filed by the City's construction contractor relating to work performed by Consultant's personnel, and additional information or assistance from Consultant's personnel is required in order to evaluate or defend against such claims; Consultant agrees to make its personnel available for consultation with the City's construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. B. Consultant's personnel that the City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from the City. Consultant shall be responsible for all costs associated with consultation or testimony, including travel costs, associated with defense of the City's construction contractor claims. C. Services of Consultant's personnel in connection with the City's construction contractor claims will be performed pursuant to a written amendment to this Agreement, if necessary, extending the termination date of this Agreement in order to resolve the construction claims. 7. REPORTS AND RECORDS 7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Consultant's Reports or Meetings. A. Consultant shall submit progress reports at least once a month. The report should be sufficiently detailed for the Contract Officer to determine, if Consultant is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. B. Consultant's Project Manager shall meet with the City's Contract Officer, as needed, to discuss progress on the Project. C. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work Page 15 of 28 29
or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, Subconsultants, and agents in the performance of this Agreement shall become, upon payment for such, the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its Subconsultants shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Consultant further acknowledges the following: A. Upon completion of all work under this Agreement, ownership and title to all reports, documents, plans, specifications, and estimates produce as part of this Agreement will automatically be vested in the City; and no further agreement will be necessary to transfer ownership to the City. Consultant shall furnish the City all necessary copies of data needed to complete the review and approval process. Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and results of the services to be rendered by Consultant hereunder to be work made for hire. Consultant acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City. B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the construction of the project for which this Agreement has been entered into. C. Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by the City of the machine-readable information and data provided by Consultant under this Agreement; further, Consultant is not liable for claims, liabilities, or losses arising out of, or connected with any use by the City of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by Consultant. D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27, Subpart 27.3 -Patent Rights under Government Contracts for federal-aid contracts). Page 16 of 28 30
E. The City may permit copyrighting reports or other agreement products. If copyrights are permitted; the agreement shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes. F. Immediately upon termination, City shall be entitled to, and Consultant shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Consultant in performing this Agreement which is not Consultant's privileged information, as defined by law, or Consultant's personnel information, along with all other property belonging exclusively to City which is in Consultant's possession. G. Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant further acknowledges the following: A. All financial, statistical, personal, technical, or other data and information relative to the City's operations, which are designated confidential by the City and made available to Consultant in order to carry out this Agreement, shall be protected by Consultant from unauthorized use and disclosure. B. Permission to disclose information on one occasion, or public hearing held by the City relating to the contract, shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion. C. Consultant shall not comment publicly to the press or any other media regarding the Agreement or the City's actions on the same, except to the City's staff, Consultant's own personnel involved in the performance of this Agreement, at public hearings or in response to questions from a Legislative committee. D. Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by the City, and receipt of the City's written permission. E. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section. F. All information related to the construction estimate is confidential, and shall not be disclosed by Consultant to any entity, other than the City, Caltrans, and/or FHWA. All of the materials Page 17 of 28 31
prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If Consultant or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant releasing the information, including, but not limited to, City's attorney's fees and disbursements, including without limitation experts' fees and disbursements. 7.5 Audit and Inspection of Records. A. For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the Agreement pursuant to Government Code 8546. 7; Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the Agreement. All parties, including Consultants Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of Consultant and it's certified public accountants (CPA) work papers that are pertinent to the Agreement and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested. B. Consultant and any subconsultant shall permit the City, the state, and the FHWA if federal participating funds are used in this Agreement; to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement including review and inspection on a daily basis. 7.6 Audit Review Procedures. A. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by City's Chief Financial Officer. B. Not later than 30 days after issuance of the final audit report, Consultant may request a review by City's Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this contract. D. Consultant and Subconsultant contracts, including cost proposals and Indirect Cost Rates (ICR), are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, Page 18 of 28 32
the Agreement, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant's responsibility to ensure federal, state, or local government officials are allowed full access to the CPA's work papers including making copies as necessary. The Agreement, cost proposal, and ICR shall be adjusted by Consultant and approved by City contract manager to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs. E. Consultant's Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the Consultant and approved by the City's Contract Officer to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Contract terms and cause for termination of the Contract and disallowance of prior reimbursed costs. F. During IOAl's review of the ICR audit work papers created by the Consultant's independent CPA, IOAI will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, the City will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI . If the proposed rate is less than one hundred fifty percent (150%) -the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) -the accepted rate will be eighty-five percent (85%) of the proposed rate. If the proposed rate is greater than two hundred percent (200%) -the accepted rate will be seventy-five percent (75%) of the proposed rate. G. If IOAI is unable to issue a cognizant letter per paragraph F above, IOAI may require Consultant to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Consultant's and/or the independent CPA's revisions. H. If the Consultant fails to comply with the provisions of this Section 7.6, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph F above for all rendered Page 19 of 28 33
services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Contract. I. Consultant may submit the final invoice to the City only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Contract has been completed to the satisfaction of the City; and, (3) IOAI has issued its final ICR review letter. The Consultant must submit the final invoice to the City no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Contract and all other agreements executed between City and the Consultant, either as a prime or Subconsultant, with the same fiscal period ICR. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue.This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Termination. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine. Consultant further acknowledges the following: A. Upon termination, the City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and in accordance with Section 7 .3 Ownership of Documents. Page 20 of 28 34
8. The City may temporarily suspend this Contract, at no additional cost to the City, provided that Consultant is given written notice of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract. A temporary suspension may be issued concurrent with the notice of termination provided for in subsection A of this section. C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. D. In the event of termination, Consultant shall be compensated as provided for in this Contract, except as provided in Section 2.7-C. Upon termination, the City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and in accordance with Section 7.3 Ownership of Documents. 8.4 Default of Consultant. A. Consultant's failure to comply with any provision of this Agreement shall constitute a default. 8. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.8, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided herein. 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any Page 21 of 28 35
subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 8.9 Disputes. A. Prior to either party commencing any legal action under this Contract, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other. B. Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of City's Contract Officer and Director of Engineering Services/City Engineer, who may consider written or verbal information submitted by Consultant. C. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, Consultant may request review by City Council of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. D. Neither the pendency of a dispute, nor its consideration by the committee will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 9. CONFLICT OF INTEREST, NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees.No officer or employee of the City Page 22 of 28 36
shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Further, Consultant acknowledges the following: A. Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project, which will follow. B. Consultant certifies that it has disclosed to the City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Consultant agrees to advise the City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Consultant further agrees to complete any statements of economic interest if required by either the City ordinance or State law. C. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. D. Consultant hereby certifies that neither Consultant, nor any firm affiliated with Consultant will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this Agreement. An affiliated firm is one, which is subject to the control of the same persons through joint-ownership, or otherwise. E. Except for Subconsultants whose services are limited to providing surveying or materials testing information, no Subconsultant who has provided design services in connection with this Agreement shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant Page 23 of 28 37
is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. Consultant further acknowledges the following requirements: A. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. B. During the performance of this Contract, Consultant and its Subconsultants shall not deny the Contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and Subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and Subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by the City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause. Consultant and its Subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. C. The Consultant shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 -Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Consulstant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants. D. The Consultant, with regard to the work performed under this Contract, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. Page 24 of 28 38
E. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the City components of the DBE Program Plan, Consultant, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. F. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Contract. G. During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. b. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601 ), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); c. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); d. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; e. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); f. Airport and Airway Improvement Act of 1982, ( 49 USC § 4 71, Section 4 7123 ), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); g. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); h. Titles II and Ill of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P .R. parts 37 and 38; i. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); j. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with Page 25 of 28 39
disproportionately high and adverse human health or environmental effects on minority and low-income populations; k. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); I. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U .S.C. 1681 et seq). 9.4 Rebates, Kickbacks or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 9.5 Contingent Fee. Consultant warrants, by execution of this Agreement that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, the City has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. Page 26 of 28 40
B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant's consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: To Consultant: City of Palm springs Attention: City Manager 3200 E. Tahquitz Canyon Way Palm springs, California92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 Kimley Horn and Associates, Inc. Attention: Jean B. Fares,PE, Senior Vice President 660 South Figueroa Street, Ste 2050 Los Angeles, CA 90017 Telephone: (213) 261-4040 10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. Page 27 of 28 41
10.6 Third Party Beneficiary. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto. 10. 7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8 Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 10.9 State Prevailing Wage Rates. A. No Consultant or Subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this Contract, including any subsequent amendments. 8. The Consultant shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Contract are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (http://www.dot.ca.gov/hg/construc/LaborCompliance/documents/District-Region Map Construction 7-8-15.pd0. These wage rates are made a specific part of this Contract by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at City construction sites, at City facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public. C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov. D. Each Consultant and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the Page 28 of 28 42
following: (A) The information contained in the payroll record is true and correct. (B) The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. E. The payroll records enumerated under paragraph D above shall be certified as correct by the Consultant under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by City representative's at all reasonable hours at the principal office of the Consultant. The Consultant shall provide copies of certified payrolls or permit inspection of its records as follows: (A) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. (B) A certified copy of all payroll records enumerated in paragraph D above, shall be made available for inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Consultant. (C) The public shall not be given access to certified payroll records by the Consultant. The Consultant is required to forward any requests for certified payrolls to the City Contract Officer by both email and regular mail on the business day following receipt of the request. F. Each Consultant shall submit a certified copy of the records enumerated in paragraph D above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the Consultant or Subconsultant performing the work shall not be marked or obliterated. The Consultant shall inform the City of the location of the records enumerated under paragraph D above, including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. In the event the Consultant or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by City from payments then due. Consultant is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section. G. When prevailing wage rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the City's Contract Officer. H. The Consultant and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the Consultant and any Subconsultant shall forfeit to the City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Contract by the Consultant or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. Page 29 of 28 43
I. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Consultant or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Consultant or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the Consultant or Subconsultant had knowledge of the obligations under the Labor Code. The Consultant is responsible for paying the appropriate rate, including any escalations that take place during the term of the Contract. J. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Consultant or Subconsultant. K. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the Consultant is not liable for the penalties described above unless the Consultant had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the Consultant fails to comply with all of the following requirements: (A) The Contract executed between the Consultant and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code§§ 1771, 1775, 1776, 1777.5, 1813, and 1815. (B) The Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. (C) Upon becoming aware of the Subconsultant's failure to pay the specified prevailing rate of wages to the Subconsultant's workers, the Consultant shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. (D) Prior to making final payment to the Subconsultant for work performed on the public works project, the Consultant shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant's employees on the public works project and any amounts due pursuant to Labor Code §1813. L. Pursuant to Labor Code §1775, the City shall notify the Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. M. If the City determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if the City did not retain sufficient money under the Contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Consultant shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by the City. N. Eight (8) hours labor constitutes a legal day's work. The Consultant shall forfeit, as a penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Consultant or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar Page 30 of 28 44
day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one half (1.5) times the basic rate of pay, as provided in § 1815. 0. Where either the Contact or the subcontract exceeds thirty thousand dollars ($30,000), the Consultant and any subconsultants under him or her shall comply with all applicable requirements of Labor Code§§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices. Consultant and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Consultant and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to-apprentice ratios for the Contract work. The Consultant is responsible for all subconsultants' compliance with these requirements. Penalties are specified in Labor Code §1777.7. 10.10 Prohibition of Expending City. State or Federal Funds for Lobbying. A. Consultant certifies to the best of his or her knowledge and belief that: 1) No State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Contract, or with the extension, continuation, renewal, amendment, or modification of this Contract. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Contract, the Consultant shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. Consultant also agrees by signing this Agreement that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. 10.11 Debarment and Suspension Certification. Page 31 of 28 45
A. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to the City. B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration. 10.12 Disadvantaged Business Enterprises (DBE) Participation. A. Consultant, subrecipient (City), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, The City shows a contract goal for DBEs. Consultant shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers. B. Consultant shall meet the DBE goal shown elsewhere in these special provIsIons or demonstrate that they made adequate good faith efforts to meet this goal. It is Consultant's responsibility to verify that the DBE firm is certified as DBE at date of proposal opening and document the record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found here: https://dot.ca.gov/programs/civil-rights/dbe-search. C. All DBE participation will count toward the California Department of Transportation's federally mandated statewide overall DBE goal. Credit for materials or supplies Consultant purchases from DBEs counts towards the goal in the following manner: a. 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. b. 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. c. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer." D. This Agreement is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". Page 32 of 28 46
Consultant's who enter into a federally-funded agreement will assist the City in a good faith effort to achieve California's statewide overall DBE goal E. The goal for DBE participation for this contract is 8%. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10-01 ), or in the Consultant Contract DBE Information (Exhibit 10-02) attached hereto and incorporated as part of the Agreement. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. F. The Consultant can meet the DBE participation goal by either documenting commitments to DBEs to meet the Contract goal, or by documenting adequate good faith efforts to meet the Contract goal. An adequate good faith effort means that the Consultant must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If Consultant has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information -Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal. G. Under 49 CFR 26.13(b): "Consultant, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Consultant shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts." Failure by Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate, which may include but not be limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or; (4) Disqualifying the contractor from future bidding as non-responsible. H. Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City's written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the City. Unless the City's consent is provided, the Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form. I. The City authorizes a request to use other forces or sources of materials if Consultant shows any of the following justifications: a. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. b. The City stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the City's bond requirements. c. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law. d. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination). e. Listed DBE's work is unsatisfactory and not in compliance with the contract. Page 33 of 28 47
f. Listed DBE is ineligible to work on the project because of suspension or debarment. g. Listed DBE becomes bankrupt or insolvent. h. Listed DBE voluntarily withdraws with written notice from the Contract. i. Listed DBE is ineligible to receive credit for the type of work required. j. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract. k. The City determines other documented good cause. J. Consultant shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise Consultant and the City of the reasons why the use of other forces or sources of materials should not occur. K. Consultant's request to use other forces or material sources must include: a. One or more of the reasons listed in the preceding paragraph. b. Notices from Consultant to the DBE regarding the request. c. Notices from the DBEs to Consultant regarding the request. L. If a listed DBE is terminated or substituted, Consultant must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal. M. A DBE is only eligible to be counted toward the Contract goal if it performs a commercially useful function (CUF) on the Contract. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the Contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the Contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Contract is commensurate with the work it is actually performing, and other relevant factors. N. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. 0. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF. P. Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of Page 34 of 28 48
each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. Q. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, "Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants" CEM-2402F [Exhibit 17-F, of the LAPM], certified correct by Consultant or Consultant's authorized representative and shall be furnished to the Contract Officer with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to Consultant when a satisfactory "Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants" is submitted to the Contract Officer. R. If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify Consultant in writing with the date of certification. Any changes should be reported to the City's Contract Officer within 30 days. S. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to business.support.unit@dot.ca.gov with a copy to the City. T. Any subcontract entered into as a result of this contract shall contain all of the provisions of th is section. 10.13 Safety. A. Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City Safety Officer and other City representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on the construction project site. B. Pursuant to the authority contained in Section 591 of the Vehicle Code, the City has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Section. D. Consultant must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any Page 35 of 28 49
practices, work, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper. 10.14 National Labor Relations Board Certification. In accordance with Public Contract Code Section 10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant's failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board. 10.15 Inspection of Work. Consultant and any subconsultant shall permit the City, the State, and the FHWA if federal participating funds are used in this Contract; to review and inspect the project activities and files at all reasonable times during the performance period of this Contract. (SIGNATURES ON FOLLOWING PAGE) Page 36 of 28 50
IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be executed the day and year first above written. ATTEST: CITY OF PALM SPRINGS, CA By ___________ _ Anthony J. Mejia, City Clerk Date: -----------APPROVED AS TO FORM: By _________ _ Jeff Ballinger, City Attorney Date: -----------CONSULTANT Name: CONTENTS APPROVED: By ____________ _ David H. Ready, City Manager Date: ------------APPROVED BY CITY COUNCIL: Date: ___ Agreement No. -----------------Check one: _Individual _Partnership _Corporation Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. Address: By: __________ _ By: ___________ _ Signature (notarized) Signature (notarized) Name: Name: -------------------------Title: Title: ---------------------------Page 37 of 28 51
~AUFORNiA AL;L-PUIIPOSE~ CIVIL coo,=§ 1180 Fs rse;-e$8 C,:s;iiid .. ,,<; ,<;,-k;,<iac1r•-o,.-a,:r&&xrOG8t¼:suieiseaeters1:f1t5r<f·s&,c¢,c<:1<1 ,,;, 0,ao, Ct 0t<>nau::ae0?S·e·@& • j •. • .. A natmy public: f!' ~ Qfficer. ~ 1hia c:rin:ate vaffiasai}J ~~of d1e ildMdual .\\lto aipd the document to whicltthia c:enificals m:attached, anc1 not 111e trulhfufnea&, ~ cw va1idit)' of that documant. Smte of-Caifomja County of __________ _ On ________ bafOIBme. _________________ _ Date HereJnsert Nmne snd Title of the Officer personally appeared _______________________ _ who proved to me on the bsms -of aa1imactory evidence to be 'QI& peraon{a) wfa.e 11Sme(~ ialare aubscnbed to the vmmn insb'ument and acknowted(jed to 'TM ihaf hef~ executed the. same in hialhar/thairau!horizad capac.ily(iea) 1ind thatb h~ ~a) on'the maiiumanithe n{s) or thia entity upon ~,of whjcb the permn(J aded. emcuied theinmurnanl parso • I ~~PENALTY Of PERJURY ~rihe lawa of the Stats of ps6fomia ih:d the foregoing panvaph is true-~ carract WID,jESS my hand and official 8BBL Signature __________ _ Signsf.ute af Notary Publk: p~ NofarYSeal Aboll9 --------------0P110NAL--------------7hough 1lriB ~ is oplional. completing Ihm infonn.tdion can deter sitsf&tion al the dacument ot fr:audukmt resttachmanl of this form fD an unintandBd document Description of Attached Document Trlie or Type.of Doctlmant ___________ 0ocument·0ate: ______ _ Number of Pagee; ___ Signer(a) Other Than Named Above: __________ _ Copacity(ies) ~ by Signer(a) Signar·a Name:__,... ________ _ D Oarpcnle-Officer -~=------• Parb'ier--D l.imit&d . D ~ D •~ D Attoml»' in Fact •Trustee C Guardian or eam.vator OOfber: ___________ _ SignarbRaprasanting: _______ _ Signer"aName: __________ _ OOGrpa,afe Officer. -Titia{a}: _____ _ • Partner -• Umited • General •lndMdusl •.Atta~ in~ •Trustee • Gusrdian or Conservator •other: -Signer Is Reprasenting: -------52
EXHIBIT"A" SCOPE OF SERVICES Task A: General Our scope of services includes the following key tasks: • Project Management and Meetings • Field Work, Utility Coordination, Utility Potholing • Planning • Environmental Documentation • Conceptual Design • Plans, Specifications, and Estimate (PS&E) • Connect Traffic Signals to the Traffic Management Center • Signal Timing and Dilemma Zone Adjustment • Bidding Ass.istance • Local Assistance Procedure Manual (LAPM) Support • Construction Support A.1 -Project Management This task will consist of project coordination with team, administration, setting up and attendance at project meetings. Kimley-Horn's administration efforts include initial development and maintenance of project schedule, work plan, budget, and filing system and processing timely invoices/progress reports on a monthly basis. We will create and maintain a simplified critical path method schedule, updating it as-needed to manage the project, and as requested by the City. A.2 -Meetings Kimley-Horn assumes that it will attend up to four (4) in-person meetings with the City for the project kick-off, subsequent to the 90%, and 100% design reviews, and one City Council meeting. Kimley-Horn will coordinate with the City to develop meeting agendas for each meeting. After each meeting, Kimley-Horn will prepare and distribute minutes to document design decisions and action items that arise out of each meeting which will be distributed to each meeting attendee. A.3 -Schedule Kimley-Horn will develop the project schedule for design and construction and will provide this schedule to the City in both digital and hard copy. An updated schedule will be handed out during the PDT meetings. The project schedule shall be divided into tasks and subtasks in full detail including City function timeline, critical path, and other outside sources such as agencies or utilities. Some of the tasks shall be planning, environmental, design, relevant City Council meetings, Caltrans review, advertising, and construction. The schedule will indicate anticipated durations for project tasks. Task A Deliverables: • Monthly Progress Reports • Meeting Agendas 53
• Electronic copy of meeting minutes • Schedule updates Task B: Phase I -Planning, Environmental, and Conceptual Design (35% Complete) B.1 -Preliminary Engineering Studies Kimley-Horn will develop general project design concepts and related activities needed to establish the parameters forfinal design, such as Geometrics, ADA Compliance, Traffic Operations, Electrical, and ITS Elements. B.2 -Left-Turn Phasing Analysis • The Kimley-Horn team will utilize existing turning movement • counts at the project intersections • Kimley-Horn shall prepare a level of service analysis with protected/permissive and protected left turn phases at the project intersections • Kimley-Horn will provide recommendations for the left turn phasing, base peak hours turning movement counts, collision history, speed limit, and lane configurations B.3 -Research of Record Information Kimley-Horn shall provide engineering services related to the research and investigation of utility company and agency records to locate underground improvements, centerline, right-of-way and private property lines. The research will include utility maps and street improvement plans. Kimley-Horn will obtain copies of readily available City records from the City, including street plans, traffic signal plans, signing & striping plans, and other such records that the City knowingly has in its possession. B.4 -Environmental The following environmental scope of work has been developed based on the following key assumptions: • CEQA compliance documentation will be a Categorical Exemption. • NEPA compliance documentation will be a Categorical Exclusion. • Per District 8 protocols, District staff will prepare the Categorical Exclusion Checklist and would also prepare the Categorical Exemption/Categorical Exclusion documents. Our work program will be initiated with the kick-off meeting/ discussion which will define the parameters of the analysis, scheduling and understanding of the project. The Kimley-Horn team will evaluate the necessary information with respecttothe project. Project research will include coordination with appropriate City departments to acquire relevant readily available environmental data, previous studies for the area and other available files, exhibits, maps and reference documents. Environmental issues that may require further detailed study or that may delay or affect the viability of the project will be documented. 54
Preliminary Environmental Study ( PES) A key factor in the projects' NEPA clearance will be consistency and compliance with Caltrans' Environmental Handbook which provides Caltrans' guidance for the development and processing of federal environmental documentation. The initial and most critical step involves the successful preparation of a Preliminary Environmental Study (PES) Form. APES will be drafted for the project by the Kimley-Horn team as part of the scope of work. The PES identifies the necessary level of technical assessment required to support the environmental documentation for the project and generally summarizes specific environmental issues that may affect project approval, programming, scheduling, design considerations, and project costs. Kimley-Horn will draft the PES Form for City review with respecttothe proposed project details. Upon completion of City review, the PES form will be submitted to Ca It rans for review and approval. Kimley-Horn will be available for a site visit with Caltrans and the City to review the project sites and receive comments on the PES Form. The Caltrans approved PES form will act as the work scope for the required NEPA compliance documentation. Visual Impact Assessment Kimley-Horn will prepare the Visual Impact Assessment (VIA) questionnaire for the project, utilizing the latest version as provided by Caltrans. The VIA questionnaire will be used to assess potential impacts to the visual environment that can accompany roadway improvements. CEQA Compliance Per Caltrans District 8 protocols, District staff will prepare a Categorical Exemption (CE) in conformance with CEQA Guidelines Section 15300, and the regulations, requirements and procedures of any other responsible Public Agency with jurisdiction by law. The CE will be supported by a memo to file documenting the basis for the CE. Should one or more impacts be identified as requiring mitigation or Significant and Unavoidable, thus necessitating the preparation of either an Initial Study leading to a Mitigated Negative Declaration (IS/MND) or an Environmental Impact Report (El R), a separate scope of work and budget can be provided to the City. Upon approval of the CE, Kimley-Horn will prepare the Notice of Exemption (NOE)/ Notice of Determination (NOD) for filing by the City with the Office of Planning and Research, State Clearinghouse and the Office of the County Clerk. The City will be responsible for all filing fees. NEPA Compliance As noted above, per CT08 protocols, CT08 will prepare the Categorical Exclusion for the project based on the PES form and related documents provided in this scope of work. Task B Deliverables: • Draft PES for City review including VIA Questionnaire (one round of review; electronic transmittal) • Revised PES for City and Caltrans review (one round of concurrent review and consolidated non-conflicting comments; electronic transmittal) • Final PES to Caltrans (electronic transmittal toCaltrans) 55
B.5 -Surveying and Topographic Mapping The Kimley-Horn team will perform surveys necessary for the concept drawings and project design, establishing a uniform stationing on streets, increasing northerly and easterly. The Kimley-Horn team will collect field survey data necessary for the design of the proposed improvements along the roadway, which shall include the preparation of topographic base mapping through field survey methods. The field survey data shall be compiled to develop a topographic base map of the project area. Topography shall include features within the City's right-of-way needed for construction of the project. Three-dimensional {3D) field survey information will be limited to the 20 curb ramp locations requiring modifications of the curb ramps for ADA compliance. B.6 -Utilities Coordination This task includes collecting data and information from the City, coordination with utility companies, and a field reconnaissance at all nine (9) intersections. Kimley-Horn will coordinate with the City to collect existing available data for the design. Sample data that will be requested includes but is not limited to the following: • Utility contacts • Existing as-builts pertinent to the project within the project vicinity including, but not limited to, existing traffic signal, roadway, and communication as-builts • Available electronic signal plans Kimley-Horn will perform utility coordination for the project. Record base maps of the utility companies will be requested and we will notify the various agencies and requestthat if they plan to install new facilities within the project area that they coordinate with the City as soon as possible. Utility records will be scanned and catalogued as they are received. Utility information will be incorporated into the project base map. Kimley-Horn will review and analyze received utility record plans to identify potential conflicts with the proposed improvements. Kimley-Horn will coordinate with utilities up to the start of construction to facilitate the adjustment and relocation of their facilities if necessary. Kimley-Horn will conduct field reconnaissance at the nine (9) intersections following the project kick-off that will be conducted to investigate existing signal infrastructure and site conditions. As part of the field review, Kimley-Horn will identify any potential issues that may affect the proposed design such as existing conduit fill conditions and sight distance limitations. We will utilize the as-builts, field notes, and survey topography to create a base map for the proposed improvements. We will prepare preliminary improvement plans for the nine (9) intersections for City review. B. 7 -Utility Potholing C Below, as a subconsultantto Kimley-Horn, will provide the following: • Underground utilities at potential conflict locations to determine their horizontal and vertical location for clearance and connection points or conflicts for underground improvements such as 56
gas lines and other utilities and to determine the location of proposed traffic signal pole foundations. • Repair existing improvements in-kind because of potholing. This includes repair of asphalt concrete and PCC. C Below will perform up to eight (8) potholes. Vac-X or a similar potholing method will not be used over gas mains. The potholing information and plan will be submitted to the City after task completion. The Kimley-Horn team will pull a no-fee encroachment permit, notify underground service alert, and provide standard traffic control during potholing operation. B.8 -Right-of-Way Kimley-Horn understands the project will be completed within the public right-of-way. The project will not require any utility relocation or right-of-way acquisition or easements If any other work will occur outside of the right-of-way in addition to what is anticipated in this scope of work, additional scope and fee would be required. B.9 -Preliminary Design (Conceptual Layout Plans, 35%} Kimley-Horn will prepare conceptual layout plans showing tentative traffic signal pole locations, signing and striping, and ADAcompliant pedestrian access ramps. Deliverables: • Draft PES for City review including VIA Questionnaire (one round of review; electronic transmittal) • Revised PES for City and Ca It rans review (one round of concurrent review; electronic transmittal) • Final PES to Caltrans (electronic transmittal toCaltrans) • Right-of-Way and Utility Base Maps A Documentation with Utility Companies A Preliminary Improvement Plans B.10 -Submittals Kimley-Horn shall submit two (2) sets of bond copies of the preliminary design drawings with each submittal for checking by the City, along with the previous red-lined check prints. Kimley-Horn shall perform quality control on all submittals. The Kimley-Horn team shall submit necessary PES documentation to the City for initial review. The Kimley-Horn team will submit the PES and supporting documents to Caltrans District 8, DLAE, after addressing City comments. Kimley-Horn will address Ca It rans comments in order to receive final approval. Task C: Phase II -Engineering Design -Plans, Specifications, and Estimates (PS&E) Prepare 90% PS&E Kimley-Horn will prepare 90% plans, specifications, and an initial engineer's opinion of probable construction costs (estimate) for traffic signal modifications at nine (9) intersections. The traffic signal modification plans will include line work, showing existing curb, gutter, sidewalk, striping and pavement markings, detectors, traffic signal poles, controller and service cabinets, conduits, and pull boxes relevant to the design. The proposed traffic signal modification plans will show proposed video detection camera locations, any affected and/or new conduit or pull boxes, signal phasing, and 57
annotation of existing and proposed equipment. The pole, equipment, and conductor schedules will be completed at this stage. Plans will be prepared in accordance with the requirements of the 2006 edition for traffic signal poles and mast arms}, California Manual on Uniform Traffic Control Devices (MUTCD} (latest version}, and related standards, and will be presented at 1:20 scale. Task C-90% PS&E Deliverables: • 90% Plans, Specifications, and Engineer's Opinion of Probable Construction Costs in .pdf electronic format Kimley-Horn prepares curb ramp designs that are fully compliant with the accessibility standards and best practices. Once compliant curb ramps and landings are designed, the transition to the existing sidewalk also should strictly meet the accessibility standards. Curb ramp improvements details for the following locations are anticipated: 1. 1. Tahquitz Canyon & Calle Encilia NW/ NE/ SE 2. 2. E. Palm Canyon & Araby Dr NW/NE/SE 3. 3. Ramon Rd & Avenida CaballerosNW / NE/ SE 4. 4. Ramon Rd & Compadre Rd NW 5. 5. Farrell Dr & Via Esceula SE 6. 6. Sunrise Way & Tachevah Dr NW/ NE/ SE /SW 7. 7. Farrell Dr & Alejo Rd NE/SE An initial engineer's opinion of probable construction cost will be developed based on the preliminary plans. A project contingency will be included in the engineer's opinion of probable costs to provide for cost increases and unknown issues that may arise but cannot be specifically identified at this stage. Kimley-Horn will prepare technical special provisions and contract documents. The base documents that the special provisions will be based on is the City of Palm Springs Traffic Signal Specification and Caltrans 2018 Standard Specifications. Kimley-Horn will utilize City and Caltrans documents as design standards, including, but not limited to, the following: • City of Palm Springs Standard Plans and Details • Ca It rans Standard Pia ns • Caltrans Highway Design Manual & DIBs • Local Assistance Procedures Manual We anticipate the following preliminary plan sheet counts for the project: 1. Cover sheet (1 Sheet} 2. Notes, legends, and construction details (2 sheets} 3. Communication NetworkSchematic (1 sheet} 4. Traffic Signal modification plans (9 sheets} 5. Curb Ramp Modification Plans (10 sheets} Estimated Total Sheets: 23 Sheets 58
Prepare 100% PS&E Based on one set of non-conflicting comments from the 90% PS&E comments, Kimley-Horn will advance the PS&E to the 100% level of design. Kimley-Horn will adjust the plans and technical specifications based on the City comments accordingly. Kimley-Horn will prepare a comment response matrixto be submitted with the Final submittal. The comment response matrix will include the original comments, Kimley-Horn responses to the comments, and final resolution. A licensed professional engineer will conduct a peer review and QC/ QA of the design plans, schedules, and technical special provisions. A licensed professional engineer will stamp and sign all plan sheets for this submittal. Kimley-Horn will submit one (1) 24"x36" hard copy and PDF electronic copy of the 100% plans and one (1) hardcopy and an electronic copy in Word format of the technical special provisions to the City for review. The 100% engineer's opinion of probable cost will be submitted to the City in . pdf electronic format. C.1 -Improvement Plan Preparation Kimley-Horn will develop street improvement plans, traffic signal plans, and striping and signing plans in accordance with the current City of Palm Springs standard plans or standards approved by the City Engineer and made known to Kimley-Horn prior to starting design. Existing utilities shall be indicated in plan sheets. Plans shall be prepared at 1"=20' scale, on 24" x 36" improvement plan sheets, and shall consist of: Task C -100% Deliverables: • One (1) set of 24"x36" hardcopy 100% plans • One (1) set of hardcopy technical special provisions • 100% Plans, Specifications, and Engineer's Opinion of Probable Construction Costs in PDF electronic format Title Sheet Kimley-Horn will include a title sheet per current City requirements. Detail Sheets Kimley-Horn will include typical sections and details. Roadway Improvement Plans Kimley-Horn will include plans for the proposed intersections with existing and proposed ADA compliant pedestrian access ramp locations and types which include necessary removals and repairs to the existing AC pavement, Portland cement concrete (PCC) sidewalks, curbs, and driveways. Kimley-Horn's plans shall provide roadway improvements in accordance with the City's standards and Caltrans standards where applicable. Based on our field review, improvements to a total of 20 curb ramps are anticipated. Traffic Signal Plans Each of the intersection controller traffic signal timing sheets will be prepared to accommodate the advance dilemma zone detection systems timing parameters and any cabinet special functions. 59
The traffic signal modification plans will address removal of the existing pole, mast arm, traffic signal heads, signs; and installation of new pole, mast arm, traffic signal heads, and signs. Kimley-Horn will indicate the installation of the advanced dilemma zone detection system equipment on the plans. Other relevant features of the traffic signal design include carrying over the existing protected left-turn phasing for approaches and provision of emergencyvehicle pre-emption. The plans will show lane dimensions, signal pole and push-button pole placements, controller and power meter cabinet placements, conduit runs and hand holes or pull box placements, lane channelization, video detection placement, circuitry and conductor schedules, signal pole and mast-arm schedules, phase schedules, schedules for signal heads, schedules for video detectors, signal pole location details, emergency vehicle pre-emption details, and other notes, schedules, details and/or drawing components required for complete traffic signal construction plans. Timing Sheets Traffic signal timing sheets will be prepared for nine (9) I ntelight controllers to accommodate the advance dilemma zone detection systems timing parameters, proposed left turn phases, and any cabinet special functions. Communication Network Schematic Currently all project intersections, except for Indian Canyon Drive and 20th Avenue are connected to the City's Traffic Management Center (TMC) through either wireless radio or Ethernet over copper connections. The project intersections connected through wireless radios are: E. Palm Canyon Dr/Araby Dr, Ramon Rd/Avenida Caballeros, Ramon Rd/Compadre Rd, Farrell Dr/Via Escuela, Sunrise Way/Tachevah Dr, Farrell Dr/Alejo Road, and Sunrise Way/Alejo Rd. Tahquitz Canyon Way/Calle Encilia is connected through Ethernet over copper. Kimley-Horn proposes to connect Indian Canyon Dr and 20th Avenue through a wireless radio pointed at the existing antenna at the Palm Springs Amtrak Station. This antenna is already connected to the TMC through a quick bridge wireless link to the Police Station Comm Tower. Prior to design and construction, Kimley-Horn staff will perform a Signal Strength Analysis to confirm whether the proposed radios can meet certain parameters (receiver sensitivity, signal-to-noise ratio, etc.) to ensure a successful connection. Upon a successful signal strength analysis, Kimley-Horn will design one (1) sheet that include the type, placement and direction of the proposed radio, as well as its location within the City's traffic signal communication network. Construction Phase Authorization Kimley-Horn will prepare a Request for Authorization to advance the project to construction using procedures outlined in the Caltrans Local Assistance Procedures Manual. Task D: Phase Ill -Construction Support This task consists of coordination and support during the construction stages of the project. Kimley-Horn will attend the pre-construction meeting and address items for the construction management team to be aware of. Kimley-Horn will be involved during construction stages, by responding to information requests (RFI), reviewing and responding to all submittals, and reviewing and approving any proposed changes by the contractor during construction. We will attend up to three (3) construction progress meetings or field meetings. 60
At the finish of construction, Kimley-Horn will attend one (1) meeting for final inspection and assist in the development of punch lists. After construction and atthe closing stages of the project, Kimley-Horn will participate in the "Lessons Learned Meeting." Questions During Bidding The Kimley-Horn team will answer questions (request for information [RFI]) regarding the Technical Provisions and design drawings, or conflicts during the bidding processes. D.1 -Pre-Construction Meeting Kimley-Horn will attend the pre-construction meeting and answer questions regarding the technical provisions and design drawings that arise during the meeting. D.2 -Construction The Kimley-Horn team will be available for five months to: • Review design change requests • Assist the City in issuing Contract Change Orders • Prepare addenda and respond to requests for information throughout the bidding process • Preview submittals from contractor selected to constructthe project 0.2.1 Questions/Design Change Requests D.2.2 As-Built Drawings Kimley-Horn will prepare record drawing as-builts after construction has been completed at all nine (9) intersections. Any comments and changes during construction as redlined and noted by the contractor will be documented and annotated. Record drawings will be prepared in AutoCAD, and .pdf electronic files shall be sentto the City. Deliverable: • Record drawings in PDF electronic format 61
EXHIBIT "B" CITY'S REQUEST FOR PROPOSALS CITY'S REQUEST FOR PROPOSALS FOLLOWS THIS PAGE 62
CITY OF PALM SPRINGS, CA REQUEST FOR PROPOSALS (RFP) #17-20 ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS FEDERAL-AID PROJECT NO. HSIPL-5282(049); CITY PROJECT NO. 18-05 Requests for Proposals (RFP #17-20), for professional environmental and traffic engineering design services related to the HSIP Cycle 9 Traffic Signal Improvements, Federal Aid Project No. HSIPL-5282(049), City Project No. 18-05, (hereinafter the "Project"), will be received electronically by the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. Local Time, Thursday, May 14, 2020. It is the responsibility of the respondent to see that any submittal uploaded to the City's website will be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability of RFP submittals. Mailed, telegraphic, telephonic, or faxed RFP submittals will not be accepted. Late RFP submittals will be rejected. Failure to register as a Respondent to this RFP process per the instructions in the Notice Inviting Requests for Proposals (under "Obtaining RFP Documents") may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a submittal as being non-responsive. We strongly advise that interested firms officially register per the instructions. 1. PURPOSE AND SCHEDULE: The City of Palm Springs is requesting proposals from qualified professional firms to provide the City with comprehensive environmental and traffic engineering design services related to the HSIP Cycle 9 Traffic Signal Improvements, Federal Aid Project No. HSIPL-5282(049), City Project No. 18-05, (hereinafter the "Project"). The selected firm will be responsible for providing: Phase 1: Planning/ Environmental/ Conceptual Design services, Phase 2: Engineering Design (PS&E) Phase services, and Phase 3: Construction Support services for the Project. PROJECT LOCATION: Nine intersections throughout Palm Springs, California. 1. Tahquitz Canyon Way/ Calle Encilia 2. E. Palm Canyon Drive / Araby Drive 3. Ramon Road I Avenida Caballeros 4. Ramon Road / Compadre Road 5. Farrell DriveNia Escuela 6. Sunrise Way/ Tachevah Drive 7. Farrell Drive/ Alejo Road 8. Indian Canyon Drive/ 20th Avenue 9. Sunrise Way/ Alejo Road The Project is made possible by funding through the Highway Safety Improvement Program ("HSIP") federal aid provided through the Fixing America's Surface Transportation ("FAST") Act. All federal aid funds programmed on local agency projects are coordinated through the California Department of Transportation ("Caltrans"), and the selected firm will be expected to provide all RFP #17-20 Page 1 of 115 63
necessary coordination with Caltrans in accordance with and pursuant to the Caltrans Construction Manual and Local Assistance Procedures Manual ("LAPM") as required to successfully implement the Project through the construction phase. The selected firm will be required to demonstrate adequate experience providing environmental and traffic engineering design services on other federally funded HSIP projects in accordance with the Caltrans LAPM. Staff from the selected firm assigned to work on this Project must have relevant experience with providing these services on other federally funded HSIP proiects, including knowledge of and experience with the Caltrans LAPM and other related guidelines. SCHEDULE: Notice requesting Proposals posted and issued .................................. Wednesday, April 8, 2020 Deadline for receipt of Questions ............................................ Thursday, May 7, 2020, 3:00 P.M. Deadline for receipt of Proposals ..................................... Thursday, May 14, 2020, 3:00 P.M. Short List/ Interviews/Technical & Cost Proposals ........................................... to be determined Contract awarded by City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to be determined NOTE: There will NOT be a pre-proposal conference for this procurement. *Dates above are subject to change. 2. BACKGROUND: In 2018 Caltrans issued a call for its HSIP Cycle 9 projects. Continuing the City's efforts to evaluate and identify projects to improve traffic safety, the Department of Engineering Services prepared a third HSIP application to improve traffic signals at 9 intersections with the latest in traffic safety equipment, including the installation of advanced dilemma zone detection and upgrading of ADA curb ramps at the following 9 intersections: 1. Tahquitz Canyon Way/ Calle Encilia 2. E. Palm Canyon Drive/ Araby Drive 3. Ramon Road I Avenida Caballeros 4. Ramon Road / Compadre Road 5. Farrell DriveNia Escuela 6. Sunrise Way/ Tachevah Drive 7. Farrell Drive / Alejo Road 8. Indian Canyon Drive/ 20th Avenue 9. Sunrise Way/ Alejo Road The City's grant application to Caltrans requested HSIP federal funds for an estimated total project cost of $1,702,700, consistent with the HSIP federal program reimbursement rate of 100%. A copy of the City's HSIP grant application is included as Exhibit 1 (a separate file to download)*. As a federally funded project, the Project requires environmental clearance pursuant to both the California Environmental Quality Act ("CEQA") and the National Environmental Policy Act ("NEPA"). The City is the Lead Agency with regard to CEQA, and the Federal Highway Administration ("FHWA") has delegated its authority for NEPA to Caltrans. The selected firm will be required to provide professional services necessary to obtain CEQA and NEPA approvals. Given the scope of the Project, it is anticipated that the Project will require an Initial Study (with technical studies) leading to a Categorical Exemption in accordance with CEQA regulations, and a Categorical Exclusion in accordance with NEPA regulations. The project is generally shown on the next page. RFP #17-20 Page 2 of 115 64
111 = -4-000IJ 20~'1 4000 RFP #17-20 Page 3 of 115 8000 ~ t -12000 s 65
All work will be conducted and prepared in accordance with Caltrans and/or the City of Palm Springs' practices, regulations, policies, procedures, manuals, and standards, as appropriate and includes compliance with Federal Highway Administration requirements. The City has obtained Caltrans approval to proceed with the Preliminary Engineering Phase and secured $303,500 in federal funds for this purpose. The City's budget for the required environmental and traffic engineering design services is $250,000 with the balance available for the City's internal costs and other consultant costs. 3. SCOPE OF WORK The Project will improve traffic safety at the 9 listed intersections by removing existing five-section protected/permissive signal heads, mast arms, signal poles, and installing signal heads on new mast arm and traffic signal pole at the improved location, implementing advanced dilemma zone protection, installing ADA compliant pedestrian access ramps, and new striping and signing. As part of the design, the selected firm will also be required to establish connections of the traffic signals to the Traffic Management Center located at the City's Engineering Services Department. The work shall be in accordance with the requirements of Caltrans Local Assistance Procedures Manual (LAPM), City of Palm Springs Standards, Caltrans Standard Plans (the City has adopted the 2006 edition for traffic signal poles and mast arms), California Manual on Uniform Traffic Control Devices (MUTCD) (latest version), and related standards. In general, the professional services to be furnished for the Project, will include but not be limited to: facilitating all meetings including recording and distribution of meeting minutes; preparation of Preliminary Environmental Study (PES); environmental documents based upon results of PES, to include: Initial Site Assessment, Community Impact Assessment, Natural Environment Study -Minimal Impact, Visual Impact Checklist, Air Quality Checklist, and Cultural Resources (HPSR, ASR and APE Map) (any technical studies not required by Caltrans will be deleted from scope and credited to the contract amount by contract amendment); field survey, potholing of underground facilities; coordination with utility companies for relocation of their facilities which conflict with the proposed improvements, performing research as needed; preparation of Plans, Specifications, and Estimate (PS&E) to include traffic signal modification plans, signing & striping plans, street improvement plans; preparation of detailed estimate of quantities and cost estimate; preparation of technical specifications; review of the project site to ensure plans are complete and accurate; provide plans and coordination with Southern California Edison for the establishment of a service meter if required; attendance at the preconstruction meeting, answering all questions regarding the design during bidding; providing construction support (not construction administration); and preparation of as-built drawings. Firms shall provide a detailed scope of work identifying: • Project Management and Meetings • Phase 1 -Planning, Environmental and Conceptual Design o Left Turn Phases / Level of Service Analysis o Research Record Information I Field Review o Environmental Services o Survey I Topographic Mapping o Utility Coordination o Utility Potholing o Preliminary Design • Phase 2 -Engineering Design (PS&E) o Street Improvement Plans o Traffic Signal Plans RFP #17-20 Page 4 of 115 66
o Signing/ Striping Plans o Bid Documents / Technical Specifications o Quantity/Cost Estimate • Phase 3 -Construction Support o Support during bidding o Support during construction o As-built drawings 4. PROPOSAL REQUIREMENTS: Submittal Requirements Each proposal shall include a Statement of Qualifications and Technical Proposal, and a separate sealed envelope with the Consultant's proposed rates and multipliers. The proposal should be organized as follows and contain the following minimum information: 1. A cover letter describing the Consultant's interest and commitment to perform the environmental and traffic engineering design services for the City. The person authorized to negotiate a contract with the City should sign the cover letter. A description of the Consultant's understanding of the City's organization, the Project, and how the Consultant is the most qualified firm to provide the requested services for the City (no more than two pages). 2. State the qualifications and experience of the firm and key personnel who will be assigned on the project. Discuss the staff availability of key personnel. Emphasize the specific qualifications and experience in managing and providing the environmental and traffic engineering design services on other HSIP projects, with emphasis on Caltrans District 8 experience. 3. Consultant's Organization Chart showing the Principle in Charge, the proposed Principal in Charge and Project Manager, key staff, specialty services staff, and sub-consultants. Identify individuals for key positions and other team members and sub-consultants and the major role(s) associated with each team member. Identify staff or sub-consultants that are available to provide specialty services. For each key team member, identify his/her projected workload and availability for this contract on a continuous basis to support the City's needs. 4. Describe the organization of the proposed Consultant team focusing on the Project Manager who will be responsible for coordinating all elements of the required services. State whether during the past 5 years the prime and major sub-consultants have jointly collaborated on assignments similar to those required by this RFP. Describe how the proposed Consultant team would interact with City staff and how the core team would be organized to address the City's needs. 5. For each of the proposed key staff and other significant team members, summarize their individual work history and experience, what unique skills they would bring to the team, and describe any assignments during the past 5 years that are directly relevant to the type of services requested by this RFP. Provide two references each (names and current contact information) for the program manager, each project manager and other key core team members for recently completed or ongoing similar work. 6. General Approach-present the Consultant's approach to provide the services described in this RFP. Include a discussion that pertains to coordination with City staff, Caltrans, local agencies, and any other regulatory or permitting agencies that could be involved with the Project. Also discuss how the proposed Consultant team will identify project problems, issues, or conflicts that need to be resolved and the general approach to resolving them and how proposed Consultant team has handled unforeseen problems on projects in the past. RFP #17-20 Page 5 of 115 67
7. Program Management and Control System -describe the approach to develop and implement a Project Management and Control System (PCS). Provide a description of and examples of systems and/or reports used with similar clients to track project progress and expenditures, administer and monitor the construction contract, and maintain critical program and project information. 8. Provide a detailed scope of work outlining the Consultant's proposed tasks to complete the Scope of Work described in Section 3. This section should outline the Scope of Work by Task and Subtask for negotiation purposes and inclusion in the final contract. 9. Identify prior federally funded signal and civil improvement projects during the past 5 years in which the Consultant has performed as the Project Manager (as the prime consultant) that provided services similar to those envisaged by this RFP. Provide client references from projects underway or completed in Caltrans District 8 (preferably local projects that can be visited). Reference information must include the following: a. Client name and contact information b. Project description and location c. Total value of the services provided d. Key personnel involved and their role e. Subconsultants Federal-Aid Provisions The Consultant's services will be provided for a federally funded local transportation project, which necessitates compliance with additional requirements. Special attention is directed to Attachment E-Local Assistance Procedures Manual Exhibit (LAPM) 10-1, Notice to Proposers DBE Information. Consultants shall complete and submit the following forms with the proposal to be considered responsive. The following forms and instructions are provided in Attachment E. • Local Agency Proposer DBE Commitment (Consultant Contracts); (LAPM 10-01). The DBE contract goal for this contract is 8%. • Local Agency Proposer DBE Commitment (Consultant Contracts); (LAPM 10-02). • DBE Information -Good Faith Effort (LAPM 15-H) -Required only if DBE goal is not achieved. It is recommended that the proposer prepare and submit a GFE even if the DBE goal has been met. • Consultant Annual Certification of Indirect Costs and Financial Management System (LAPM 10-K). • Disclosure of Lobbying Activities (LAPM 10-Q) • Conflict Of Interest and Non-Discrimination Certification • Public Integrity Disclosure Prior to award and through completion of the services, the selected Consultant will be required to follow applicable federal-aid requirements and shall complete and submit with the agreement the following forms: • Local Agency Proposer DBE Commitment (Consultant Contracts); (LAPM 10-01) • Local Agency Proposer DBE Information (Consultant Contracts) (LAPM 10-02) • Any other relevant forms required for the project. The selected Consultant shall demonstrate familiarity of providing services for federally funded signal and civil improvement projects and has clear understanding of requirements/needs to facilitate the project through Caltrans Local Assistance and Local Assistance Procedures Manual. RFP #17-20 Page 6 of 115 68
Disadvantaged Business Enterprise (DBE) Requirements: As the Professional Services will be funded with federal funds, the selected Consultant's final contract is subject to applicable provisions of the Caltrans Disadvantaged Business Enterprise (DBE) Program Plan as it relates to local agencies. The DBE Program Plan is prepared in accordance with U.S. Department of Transportation (DOT), 49 CFR, Part 26 regulations. Firms replying to this RFP shall review the Notice to Proposers -Disadvantaged Business Enterprise Information (Exhibit 10-1), included as Attachment E to this RFP. Additionally, firms should review the Caltrans Local Assistance Procedures Manual ("LAPM"), Chapter 10 "Consultant Selection", to be aware of the Caltrans regulations and requirements if being selected for the Project. The City will be utilizing the "One Step RFP" process as identified in the Chapter 10 of the LAPM. It is the policy of the City of Palm Springs to ensure that DBE's, as defined in 49 CFR, Part 26, have an equal opportunity to receive and participate in federal-aid contracts. It is also the City's policy: • To ensure nondiscrimination in the award and administration of DOT-assisted contracts. • To create a level playing field on which DBE's can compete fairly for DOT-assisted contracts. • To ensure that the City's DBE participation percentage is narrowly tailored, in accordance with applicable law. • To ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted to participate as DBE's. • To help remove barriers to the participation of DBE's in DOT-assisted contracts. • To assist the development of firms that can compete successfully in the market place outside the DBE Program. DBE's and other small businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal funds (See 49 CFR, Part 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). Firms submitting a proposal in reply to this RFP should ensure that DBE's and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. Firms shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of its subcontracts. Firms are encouraged to use services offered by financial institutions owned and controlled by DBE's. The City of Palm Springs operates under a state-wide DBE Program administered by Caltrans. Federal-aid contracts will contain varying percentages of Disadvantaged Business Enterprises (DBE) participation goals that selected firms will be required to meet or, alternatively, perform a good-faith effort to meet as a condition of award of a contract. The City has established a DBE contract goal of 8%. The City encourages firms to subcontract services to the extent possible with DB Es. If portions of the work required by the Project are not assigned by sub-contract to DBE firms equal to or exceeding the participation level, the selected firm will be required to demonstrate that appropriate good faith efforts were made. A "Consultant Contract DBE Commitment" Exhibit 10-01 and/or 10-02 form will be included in the Agreement documents (see Attachment E) to be executed by the selected firm. The purpose of this form is to collect data required under 49 CFR, Part 26. Even if no DBE participation will be reported, the successful firm must execute and return the form. Firms replying to this RFP are advised to read more about the Caltrans DBE Program by visiting the Caltrans DBE website at: https://dot.ca.gov/programs/business-and-economic-opportunity. RFP #17-20 Page 7 of 115 69
Conflict of Interest Statement: Consultants shall disclose any financial, business or other relationship with the City that may have an impact upon the outcome of the contract or the construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this contract or the construction project that will follow. General Requirements: The firm's proposal should describe the methodology to be used to accomplish each of the project tasks. The proposal should also describe the work which shall be necessary in order to satisfactorily complete the task requirements. Please note: this RFP cannot identify each specific, individual task required to successfully and completely implement this project. The City of Palm Springs relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of work and to include in its proposal all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not approve amendments to the selected firm's agreement which do not involve a substantial change from the general scope of work identified in this RFP. Important Note: Firms replying to this RFP must be knowledgeable of the processes and procedures related to federally funded local assistance projects administered through Caltrans District 8. General Qualifications: The following is a list of qualifications that are considered mandatory and will form the basis for the evaluation of the Consultant: 1 . Proposed Consultant team has personnel with demonstrated experience managing federally funded HSIP signal and civil improvement projects through the environmental and design phases. Team members must collectively have expertise in project management, right-of-way requirements and processes, utilities coordination, NEPA / CEQA experience, and traffic signal / street design; experience with Caltrans District 8 is strongly preferred. 2. Proposed Consultant team has demonstrated experience and a defined approach in implementing program and project management controls for transportation projects. Program and project management control systems; project controls (scope, cost, schedule); contract management; project filing systems and document management; budget development; and project and program reporting. 3. Due to federal contract provisions, no contract will be awarded to a consultant without an adequate financial management system as required by 48 CFR Chapter 99, 48 CFR Chapter 1 Part 31, and 2 CFR 200. PART FIVE: SELECTION PROCESS/ PROPOSAL EVALUATION CRITERIA: The City of Palm Springs is utilizing a Qualifications Based Selection process to select a firm to provide the services requested by this Request for Proposals (RFP). The City shall review proposals submitted in reply to this RFP, and a limited number of firms may be invited to make a formal presentation at a future date. The format, selection criteria and date of the presentation will be established at the time of short listing. Preparation of proposals in reply to this RFP, and participation in any future presentation is at the sole expense of the firms responding to this RFP. This solicitation has been developed in the "Request for Proposals" (RFP) format. Accordingly, firms should take note that the City will consider multiple criteria in selecting the most qualified firm. Consistent with CA Government Code Section 4525/4526 and Municipal Code 7.04.050 for the acquisition of RFP #17-20 Page 8 of 115 70
professional services, price is NOT an evaluation criteria. As this project is funded with Federal funds, the provisions of the City of Palm Springs Local Preference Ordinance 1756 are not applicable or allowed. Firms shall submit their schedule of hourly rates and direct costs {the "Fee Schedule") and their Cost Proposal in a separate electronic submittal. Fee Schedules/Cost Proposals are not opened, nor considered during RFP evaluations. Upon selection of the most qualified firm, the associated Fee Schedule/Cost Proposal will be used as a basis for contract negotiations. A contract shall be negotiated on the basis of the submitted Fee Schedule/Cost Proposal, and in consideration of reasonable and mutually agreed project costs and time requirements. Should successful negotiations not occur with the highest ranked firm, the City may, at its sole discretion, choose to enter into negotiations with the second highest ranked firm, and so on. Any additional forms that include the fee (IE. LAPM 10-02) shall be submitted with the separate electronic submittal containing the cost proposal. In accordance with Caltrans LAPM, the Fee Schedule/Cost Proposal shall be developed with the following criteria in mind: The consultant is paid at an agreed and supported specific fixed hourly, daily, weekly or monthly rate, for each class of employee engaged directly in the work. Such rates of pay include the consultant's estimated costs and net fee (profit). Federal regulations require that profit be separately negotiated from contract costs. The specific rates of compensation, except for an individual acting as a sole proprietor, are to include an hourly breakdown, direct salary costs, fringe benefits, indirect costs, and net fee. Other direct costs may be included, such as travel and equipment rentals, if not already captured in the indirect cost rate. Firms shall provide a Fee Schedule listing hourly rates and direct costs in accordance with Exhibit 10-H1 {Cost Proposal), Cost-Plus-Fixed Fee, or Lump Sum, or Firm Fixed Price Contracts {Design. Engineering and Environmental Studies). The 1 0-H1 shall be submitted for the Prime and any Subconsultants. Firms shall also provide a Cost Proposal for the Proiect in a format similar to the form included with Attachment E. PRIOR CITY WORK: If your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their proposal, information obtained from references, and presentations if requested. All proposals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past projects. An Evaluation Committee, using the following evaluation criteria for this RFP, will evaluate all responsive proposals to this RFP. The Evaluation Committee may request, if desired by City, formal presentations/interviews from short listed firms at a future date of which the format and presentation evaluation criteria shall be provided at the time of short listing. Participation in any phase of this RFP process, including the interview phase if conducted, is at the sole expense of the firms replying to this RFP. The City shall NOT be responsible for any costs incurred by any firm in response to, or participation in, this RFP. EVALUATION CRITERIA: The following criteria will be used to evaluate Consultant qualifications: A. 8. Project Understanding and Approach: Qualifications of Team and key staff: RFP #17-20 Page 9 of 115 30% 20% 71
C. D. E. Familiarity with State and Federal Procedures: Experience of Consultant with projects of a similar type and scale • Comparable Experience • Federal Aid Projects with Caltrans District 8 Availability 10% 30% 10% Total 100% PART SIX: PROPOSAL CONTENTS: Firms are requested to format their proposal so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Part Four above. The proposal must be submitted in an electronic (PDF) 8 ½ X 11 format, minimum 10pt font size, minimum¾" margins, and may be no more than a total of forty (40) pages (a "page" is defined as a single sheet of paper, which may be double-sideg). The page count limit includes cover letters, organization charts, staff resumes, appendices, and any exceptions to the language in the sample agreement, or in the insurance requirements. NOTE: Dividers, Attachments "A", "B" & "C", Attachment E Forms, Addenda acknowledgments, and the Fee Schedule (*in a separate electronic submittal) do NOT count toward the page limit (everything else does). ELECTRONIC SUBMITTAL REQUIREMENTS: Interested firms shall submit electronically two separate files: (1) the Statement of Qualifications I Technical Proposal (Submittal #1); and (2) the Fee Schedule/Cost Proposal (Submittal #2), by the 3:00 PM. May 14. 2020, deadline. Submittal #1 is to be labeled as: "SUBMITTAL #1, RFP #17-20, HSIP CYCLE 9, FIRM NAME." ELECTRONIC SUBMITTAL #1, clearly marked "Statement of Qualifications and Technical Proposal", shall include the following items: • Completed Signature authorization and Addenda Acknowledgment (see Attachment A) • Completed, ane notariiZ:oe, Affidavit of Non-Collusion (see Attachment 8) *Due to COVID-19, notarization of this document is waived. You are to complete the form, sign, and date. • Completed Debarment and Suspension Certification (see Attachment C) • Completed Consultant Proposal DBE Commitment (LAPM 10-01) • Attachment E Forms (Except Cost Proposal Forms, LAPM 10-02, and 10-K) • Statement of Qualifications/Technical Proposal with responses to all requirements identified in Part Four Submittal #2 is to be labeled as: "SUBMITTAL #2, RFP #17-20, HSIP CYCLE 9, FIRM NAME." ELECTRONIC SUBMITTAL #2, clearly marked "Fee Schedule/Cost Proposal", shall include the following item: • Fee Schedule-provide a Fee Schedule that establishes how the Consultant proposes to be paid at an agreed and supported specific fixed hourly, daily, weekly or monthly rate, for each class of employee engaged directly in the work. Such rates of pay include the consultant's estimated costs and net fee (profit). Federal regulations require that profit be separately negotiated from contract costs. The specific rates of compensation, except for an individual acting as a sole proprietor, are to include an hourly breakdown, direct salary costs, fringe benefits, indirect costs, and net fee. Other direct costs may be included, such as travel and equipment rentals, if not already captured in the indirect cost rate. RFP #17-20 Page 10 of 115 72
• Completed Consultant Contract DBE Commitment (LAPM 10-02) • Completed Consultant Annual Certification of Indirect Costs and Financial Management System (LAPM 10-K) • Do NOT include Attachments "A", "B", or "C" in Submittal #2, Fee Schedule/Cost Proposal. Attachments "A" and "B" and "C" are to be included in Submittal #1, "Statement of Qualifications / Technical Proposal". ELECTRONIC SUBMITTALS SHALL BE UPLOADED TO THE FOLLOWING SITE VIA THE LINK BELOW. ALL ELECTRONIC SUBMITTALS MUST BE TIME DATE STAMPED BY THE SYSTEM AS BEING RECEIVED BY THE DEADLINE. LATE SUBMISSIONS WILL BE REJECTED. TO UPLOAD YOUR TWO (2) SEPARATE FILE SUBMISSIONS IN RESPONSE TO THIS RFP GO TO: https ://spaces. h ig hta i I. com/up Ii n k/P rocu rement PART SEVEN: DEADLINE FOR SUBMISSION OF PROPOSALS: Proposals will be received in the City of Palm Springs, Office of Procurement and Contracting until 3:00 P.M., LOCAL TIME, THURSDAY, May 14, 2020. Proof of receipt before the deadline is the time/date stamp of the electronic upload to the City's system. It is the responsibility of the firms replying to this RFP to see that any proposal submitted electronically and uploaded to the City's system is received by the due date and time. Late proposals will be rejected. Proposals shall be clearly marked and identified and must be submitted to: City of Palm Springs Procurement and Contracting Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Craig Gladders, C.P.M., Procurement & Contracting Manager PART EIGHT: QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a proposal. Any questions, technical or otherwise, pertaining to this RFP must be submitted IN WRITING and directed ONLY to: Craig Gladders, C.P.M. Procurement & Contracting Manager 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Craiq.Gladders@palmspringsca.gov RFP #17-20 Page 11 of 115 73
Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is 3:00 P.M., Local Time, Thursday. May 7. 2020. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. PART NINE: FORM OF AGREEMENT: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Professional Services Agreement (see Attachment "D"). Please note that Exhibits A, B, C, D and E are intentionally not complete in the attached sample contract document. These exhibits will be negotiated with the selected firm, and will appear in the final Professional Services Agreement executed between the parties. Requested changes to the Professional Services Agreement may not be approved, and the selected firm must ensure that the attached document will be executed. We specifically draw your attention to the language in the sections of the sample contractual agreement attached entitled "Conflict of Interest" and "Covenants Against Discrimination" and recommend all firms carefully consider these contractual requirements prior to submitting a proposal in response to this RFP. Firms that submit a proposal in response to this RFP shall certify the following: Non-Discrimination Certification: a) Consultant certifies and represents that, during the performance of the Agreement, the Recipient and any other parties with whom it may contract shall adhere to the City's non-discrimination and equal benefits as provided pursuant to Ordinance No. 1896 in the Palm Springs Municipal Code Section 7.09.040 to assure that applicants and employees are treated equally and are not discriminated against because of their actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant further certifies that it will not maintain any segregated facilities. b) Consultant shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of this Agreement state that it is an "equal opportunity employer'' or that all qualified applicants will receive consideration for employment without regard to their actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). c) Consultant shall certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a 11prohibited basis"). d) If requested to do so by the Contract Officer, Consultant shall provide the City with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. e) Consultant agrees to recruit Coachella Valley residents initially and to give them preference, if all other factors are equal, for any new positions which result from the performance of this Agreement and which are performed within the city. The Contract Officer may agree to modify requirement where it is in conflict with federal or state laws or regulations. RFP #17-20 Page 12 of 115 74
f) Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Proposer refuses or fails to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Proposer, and so on. PART TEN: DECLARATIONS AND SPECIAL CONDITIONS: AWARD OF CONTRACT: It is the City's intent to award a contract to the firm that can provide all of the services identified in the RFP document. However, the City reserves the right to award a contract to multiple Respondents or to a single Respondent, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final. RIGHT TO ACCEPT OR REJECT PROPOSALS: The City of Palm Springs reserves the right to waive any informality or technical defect in a proposal and to accept or reject, in whole or in part, any or all proposals and to cancel all or part of this RFP and seek new proposals, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City. INSURANCE: Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFP. The successful Proposer will be required to comply with these provisions. It is recommended that Proposers have their insurance provider review the insurance provisions BEFORE they submit their proposal. RESPONSIBILITY OF PROPOSER: All firms responding to this RFP shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP without an authorized signature, falsified any information in the proposal package, etc.), the proposal shall be rejected. PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 6255 during the negotiation process, may be made public after the City's negotiations are completed, and staff has recommended to the City Council the award of a contract to a specific firm, but before final action is taken by the City Council to award the contract. Although the California Public Records Act C-CPRA") recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a proposal is a trade secret. If a request is made for information marked "Confidential," "Trade Secret," Proprietary," or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction. If a submitting party contends that a portion of the proposal is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records laws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from RFP #17-20 Page 13 of 115 75
any loss, claim or suit, including attorneys' fees, brought by a person challenging the City's refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a proposal or any other person or entity, because of the release of such information. The City will not return the original or any copies of the proposal or other information or documents submitted to the City as part of this RFP process. NOTE THAT THE CITY MAY NOT RECOGNIZE PROPOSALS WHERE ALL OF THE INFORMATION, VIA A BLANKET STATEMENT, IS SUBMITTED AS PROPRIETARY INFORMATION OR A TRADE SECRET. SUCH PROPOSALS MAY BE FOUND NON-RESPONSIVE. COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this RFP in the preparation of their proposal or participation in any presentation if requested, or any other aspects of the entire RFP process. COMPLIANCE WITH LAW: Proposer warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. LICENSES, PERMITS, FEES, AND ASSESSMENTS: Proposer represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this RFP. Proposer represents and warrants to City that Proposer shall, at its sole cost and expense, keep in effect at all times during the term of the Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Proposer to perform the Work and Services under the Agreement if so awarded. Proposer shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Proposer's performance of the Work and Services required under the Agreement if so awarded. Proposer shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Tax'. INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFP to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals. SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted to mean that the firm responding to this RFP has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Proposals, and any attached sample agreement. Exceptions to any of the language in either the RFP documents or attached sample agreement, including the insurance requirements, must be included in the proposal and clearly defined. Exceptions to the City's RFP document or standard boilerplate language, insurance requirements, terms or conditions may be considered in the evaluation process; however, the City makes no guarantee that any exceptions will be approved. RFP #17-20 Page 14 of 115 76
EXHIBIT "C" CONSULTANT'S PROPOSAL CONSULTANT'S PROPOSAL FOLLOWS THIS PAGE 77
PREPARED FOR: PREPARED BY: Kimley >>> Horn Expect More. Experience Better. 78
?AoP0f6~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements 1. COVER LETTER May 14, 2020 Mr. Craig Gladders, C.P.M. Procurement and Contracting Department City of Palm Springs 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 » 660 South Figueroa Street Suite 2050 Los Angeles, CA 90017 TEL 213.261.4040 Re: Proposal for Environmental/Traffic Engineering Design Services for HSIP Cycle 9 Traffic Signal Improvements -Federal Aid Project No. HSIPL-5282(049); City Project No.18-o5; RFP #17-20 Dear Mr. Gladders and Members of the Selection Committee: The City of Palm Springs (City) is seeking a trusted and knowledgeable traffic engineering consultant to prepare plans, specifications, and estimates (PS&E) for implementation of advanced zone detection at nine intersections throughout the City. In order to improve safety, operation, and pedestrian accessibility, the City has completed a roadway safety analysis throughout the entire city, and these nine intersections were isolated for improvements due to high incidences of unsafe speed, DUI, and traffic signals and signs violations. The City needs an experienced partner with a proven background delivering environmental documents and technical studies, preparation of PS&E, Caltrans D-8 Local Assistance Procedures Manual ( .. LAPM"), and construction support. Kimley-Hom has unparalleled experience in providing traffic signal modifications for implementation of advanced dilemma zone detection for Highway Safety Improvement Program (HSIP) projects to reduce traffic fatalities and serious injuries. Our team always strives to provide the highest quality of work to our clients. We offer the City these important reasons for selecting our team: Experienced Project Manager. Jean Fares, P.E., has over 30 years of experience-including 26 years at Kimley-Horn-with the planning and design of traffic and transportation projects throughout California and the western states. As a registered Professional Engineer in California, he has provided traffic signal design at over 2,000 locations, signal system design at over 1,500 locations, and traffic signal timing at over 2,500 locations, and has wide-ranging experience with traffic operations, signing and marking plans preparation, transportation management plans (TMP), and traffic control plans. Jean also has extensive expertise in applying traffic engineering, Intelligent Transportation Systems (ITS) technologies, and communications infrastructure design to leading transportation projects. Extensive Caltrans and HSIP Experience. Kimley-Hom has completed numerous Caltrans HSIP projects ranging from signal intersections to multiple intersection corridors. We understand that being familiar with the coordination of the approval process is the key to timely completion of these projects. Additionally, Kimley-Horn brings a successful track record of completing transportation and highway projects for clients in District 8, including: .4111 City of Rancho Mirage, HSIP -Design of .4111 City of San Bernardino, 224 Traffic Signal .4111 County of San Bernardino, On-Call Civil Traffic Signal Interconnect Improvements Improvements HSIP Project Engineering Services .4111 City of Cathedral City, Professional .4111 City of Barstow, North 1st Avenue Bridge .4111 County of Riverside, 1-1 O Bypass PA&ED Engineering Services for Date Palm Drive Replacement PSR/PDS, PA&ED (sub) .4111 County of Riverside, I-21 SNan Buren and Varner Road Safety Improvements .4111 County of Riverside, Mission Boulevard Boulevard Interchange .4111 City of Beaumont, 1-10/Pennsylvania Bridge Replacement (sub) .4111 County of Riverside, Sunset Avenue Avenue Interchange Improvements .4111 Western Riverside County Council of Railroad Grade Separation at 1-1 O Governments, On-Call Services Project Team Committed to and Available for this Project. Kimley-Hom uses a proactive management system known as "cast-aheads" to detail every project's personnel needs and also to determine each staff person's availability. By continuously matching project needs with staff availability, our cast-aheads system is an accurate tool for keeping our projects on schedule. The individual members of our project team were selected using two criteria: (1) their experience with a wide range of traffic signal improvement projects, and (2) their availability to assume major technical responsibilities within this contract timeframe. The staff members selected for this team are available immediately to serve you and are in an excellent position to successfully complete the assignments required for this project. Ed Vick, a former CEO and President of Kimley-Horn, is quoted as saying, "We have no reason to exist, except to serve our clients." The spirit of this quote leads the professionals at Kimley-Hom in their work each day and their endeavor for excellence in serving our clients. This commitment is something you can come to expect from Kimley-Horn. My team and I appreciate the opportunity to submit this proposal to the City of Palm Springs. We are confident Ulat we can offer Ule experience, predictable local accessibility, and resources you seek for Ule requested services, while exceeding Ule City's DBE goal. If you have any questions regarding our proposal, please feel free to contact me at 818.970.2048 or via email at jean.fares@kimley-hom.CXJm. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. {J-4\A '1-~ Jean B. Fares, P.E. Project Manager, Senior Vice President City of Palm Springs • TRED96071.2020 Kim/ey-Horn acknowledges Addendum #1 on April 22, Addendum #2 on May 5, Addendum #3 on May 7, and Addendum #4 on May 11. Kimley>>>Horn -79
••I•• 1 ~ • • • • • • • • • • • • • • • ·,~.' • • • • • • • • • • • • • • • • • • • • • • • • • • •••••••I•••••••••••••••~ • • • !,...! • • • •••••••I•• I•••••••••••••••••••••• • •,. • •••I••••••••••• I'•• I I I• I I•"'• I•• <lo I'••• 4 •II• I• I••••• I• I"• O •• PROP%'~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements TABLE OF CONTENTS 1. Cover Letter ............................................................................................................................................. i 2. Firm Qualifications ................................................................................................................................. 1 3. Project Team ........................................................................................................................................... 3 4. Team Organization ................................................................................................................................. 4 5. Resumes of Key Staff ............................................................................................................................. 5 6. General Approach ................................................................................................................................ 1 3 7. Program Management and Control System ....................................................................................... 25 8. Scope of Work ...................................................................................................................................... 27 9. Representative Project Experience ..................................................................................................... 36 Appendix ................................................................................................................................................... A ..ii Contract Exceptions ..ii Forms City of Palm Springs • mED96011.2020 Kimley>>>Horn MiM 80
• e • e • e • e e e • e e 11 • e •• • e • 11 e ••• • •• e e •• e ••• 11 11 • e • e •• 't e • 11 • e •• e e • e • e e •• 11 • e e 11 t e e t t • I t 11 • t • t • e 11 ••• e e e e e e e t t e e t t e e e e e e 11 t 11 •• e ••• 11 11 e e 11 11 • 11 11 11 • e e I t e t e 11 11 e 11 11 11 11 t 11 11 e e e e • I ••• 4 ••• 11 4-;-. e • 11 11 11 • 11 11 11 e 11 e 11 e 11 e .. ""000:;~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements 2. FIRM QUALIFICATIONS Kimley-Horn Profile Kimley-Horn is a full-service engineering, planning, and environmental consulting firm providing a comprehensive range of services to public and private clients nationwide. We were founded by experts in traffic engineering and 53 Years 95 Offices Kimley)>>Horn 4,300+ Employees 11.MtW transportation planning, and these disciplines continue to be at the cornerstone of our practice. Our range of services covers urban and regional transportation planning, traffic signal warrant studies, traffic signal systems design and implementation, signal coordination and timing, traffic impact analyses, and seeking innovative programs to obtain financing for transportation improvements. Because traffic engineering and transportation planning have been mainstays of Kimley-Horn's practice for 53 years, the City can be assured that we have the experienced professionals and resources to meet the project's needs. We have provided a wide range of traffic engineering consulting services to government agencies throughout California and the United States. Our services include but are not limited to: A Traffic engineering, traffic operations, and transportation planning A Traffic signal design and upgrades A Environmental services including CEOA and NEPA A Signing and striping design A Civil engineering design services A Construction support A Roadway design/ streetscape/ improvement/upgrades A Safe routes to school design projects A Pedestrian facilities and design A Bicycle planning and design A Street lighting/lighting photometrics analysis A Traffic control plans A Signal timing A Street circulation planning and design As a recognized nationwide leader in engineering consulting services, Kimley-Horn's professionals understand the complexities of an HSIP project and can develop informed solutions tailored to your specific needs. We have an extensive history of completing similar traffic signal network upgrade projects successfully, on time, and within budget. Our technical qualifications and strengths cover a wide variety of project types and requirements that will be utilized as determined at each project site. Some of our principal practice areas include: A Traffic Signalsflraffic Control Devices V Signal design and construction is one of the cornerstones of Kimley-Hom's professional practice. Over the past five decades, we have developed signal designs for thousands of intersections for state departments of transportation and municipalities nationwide. Our City of Palm Springs • mED96071.2020 experience in advanced traffic management projects include citywide signal system designs, transportation control centers, electronic toll facilities and revenue control systems, and innovative transit and public transportation systems. Each of our systems is designed not only to address current needs, but also to accommodate future growth and advances in technology. We have been responsible for virtually every aspect of traffic systems including Plans, Specifications & Estimates (PS&E) packages, conceptual designs, operational feasibility, communication architecture, system design, software development, and deployment and implementation plans. A ADA Compliance V Kimley-Horn engineers are on the forefront of implementation of the Americans with Disabilities Act (ADA), helping municipalities upgrade aging infrastructure to meet applicable ADA standards and ordinances. Our expertise ranges from curb ramp and sidewalk design to pedestrian-dedicated paths and walkways. Kimley-Horn understands how to implement improvements that benefit our clients, as well as the general public. A Ca/trans Experience W As mentioned in the RFP, the City has received funding grants through the Caltrans Call for Projects for the Federal Highway Safety Improvement Program HSIP Cycle 9 (057}. Kimley-Horn has completed numerous HSIP projects ranging from signal intersections to multiple intersection corridors. We understand that being familiar with the coordination and approval process is the key to timely completion of these projects. Kimley-Horn staff has 30+ years of experience in CEQA/NEPA compliance in the Coachella Valley, including extensive work with Caltrans 08 and two other HSIP projects being processed through Caltrans 08. ~ Roadway and Intersection Improvements 'ii/ A roadway intersection is a dynamic element in your transportation infrastructure. The efficiency of intersection operation maximizes the efficiency of the entire roadway system. Every intersection has a unique combination of features-roadway layout, signal equipment, and mix and volume of vehicles, pedestrians, and bicycles. As a result, every intersection requires careful study to develop and apply safe, efficient, and flexible design. Our in-house staff understands all aspects of roadway design, including intersection geometrics, utility relocations, traffic control, signalizations, signing and marking, and erosion control so that we can be an efficient and coordinated partner to the City. 0 Signing and Pavement Markings As a component to roadway design and traffic engineering, Kimley-Horn has prepared numerous signing and pavement marking plans for various projects. These projects include studies of extensive signing and pavement marking plans for urban and rural roadway projects. Our goal is to successfully maintain the safety of pedestrians and vehicular traffic. In addition, Kimley-Horn has the capabilities to prepare these plans in accordance with the Manual of Uniform Traffic Control Devices and Caltrans Design Standards. Kimley >>> Horn 81
,. ...................................................................................... ,,.\ ......................................................... ., ........................................................... .. P~oPo;,;~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements A Bidding and Construction Support W Kimley-Horn routinely serves clients during construction phases of their projects, providing bidding and construction support services to make sure our clients' projects are successful throughout. We can assist in preparing and distributing bid documents for the City, review contractor bids, and prepare bid tabulation and contractor recommendations. Although our aim is to prepare a plan set that can stand by itself, we will respond to contractor requests for information and clarification in a timely manner. Our experience with construction contract administration has made our traffic and transportation designs more cost effective and practical and gives us the ability to problem-solve in the field during construction. Additional Benefits A Schedule and Cost Control W Kimley-Horn knows how important cost control is to federally funded projects and is well-suited to manage and administer your project. We are prepared to commit the necessary resources to ensure the success of your efforts. Moreover, we also have the tools that tell us exactly how and when to implement these resources. While this can be perceived as an internal issue to Kimley-Horn, the tools we use to manage and administer a project are for the clients' benefit, because a firm basis is established for on-time, within-budget delivery of all services. Schedule and budget are extremely important to Kimley-Horn, and our resources will allow us to meet the goals established for your project. A Quality Control and Quality Assurance W Since its founding, Kimley-Horn has aggressively pursued its commitment to quality for every task, deliverable, and service provided by the firm. Recognizing the importance of careful quality control, Kimley-Horn developed a quality control/quality assurance (QC/QA) manual that every project manager is required to know and use. We strive for our procedures to facilitate the delivery of high-quality services that satisfy your needs. There will be no learning curve relative to quality for the Kimley-Horn team. City of Palm Springs • mED9601 7 2020 Staff Availability As requested in the RFP, the following table highlights the current availability of our proposed team. Each Kimley-Horn staff member listed-as well as additional staff in our Riverside and Southern California offices, if necessary-will be readily available to serve the City throughout the term of the project. Our past work history with similar projects gives us the experience necessary to deliver quality projects on-time and within budget. Staff % Availability Jean Fares, P.E. 30% Mike Sutton, P.E. 15% Kevin Aguigui, P.E., T.E., E.E., CSEP 15% Kevin Thomas, CEP, Env-SP 30% Nikita Petrov, P.E. 40% Jason Melchor, P.E. 45% Frank Hoffmann, P.E. 40% Sri Chakravarthy, P.E., T.E. 35% Kimley >>> Horn 82
3. PROJECT TEAM Organizational Chart Kimley-Horn knows that when you choose a consulting firm, you are really choosing the people who will bring you technical expertise, hands-on experience with similar projects, and a commitment to timely, first-rate deliverables and client service. The proposed Kimley-Horn team has a history of successfully completing projects and a proven track record of providing each assignment focused attention regardless of size. Our project team is unsurpassed in local knowledge and relevant experience and has been structured to provide strong support to the City and the City's project manager. The organization chart delineates the roles and responsibilities of both Kimley-Horn's key personnel and all subconsultant staff. Notably, our team will be led by Jean Fares, P.E., a successful Kimley-Horn project manager with over 30 years of specialized experience in transportation engineering. We have included the availability of our key team members on the previous page. PRINCIPAL-IN-CHARGE PROJECT MANAGER Kevin Thomas, CEP, Env-SP Meghan Karadimas Dana Privitt, AICP Jericho Systems 3 ASM Affiliates 4 BOLD = Key Personnel Subconsultants: 111111..iii ;; Jason ~e;chor, P.E. Nikita Petrov, P.E., FOi Tim Chan, P.E. Arek Harmandayan, EIT Roxannabelle Perfecto, P.E. Anoush Razavian, EIT David Sedath, EIT Raunak Singh, EIT TRAFFIC SIGNAL TIMING 1 Cabrinha, Heam & Associates (DBE) Sri Chakravarlhy, P.E., T.E. Matt Stewart, P.E. 2 C Below 3 Jericho Systems 4 ASM Affiliates City of Palm Springs • TRED96011 2020 QC/QA Frank Hoffmann, P.E. Yiota Georgalis, P.E. Matt Schwengler, EIT Camden Cabrinha, P.LS 1 SURVEY Camden Cabrinha, P.LS 1 POTHOLING Hector Vargas 2 Jean Fares, P.E. Frank Hoffmann, P.E. Jason Melchor, P.E. Kimley>>>Horn MN 83
PROl'o;;~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements 4. TEAM ORGANIZATION Our team includes traffic engineering specialists assigned to specific roles and responsibilities who understand they must not only deliver exceptional technical and hands-on project experience, but also have a commitment to exceptional quality and client service. Project Manager Jean Fares, P.E. will be primary, day-to-day contact for the City, providing management of the project team and our subconsultants. Subconsultant Profile Cabrinha, Hearn & Associates (Survey and Right-of-Way Mapping) (DBE) CH Cabrinha, Hearn & Associate [:-~~~~··=-~ii~~~~ (CHA), a professional land ~ surveying and mapping corporation, was founded in 1976. CHA has extensive experience in providing services on large-scale projects within Southern California such as the Crenshaw/LAX Extension, Purple Line Extension Section 1, California State University system (various campus sites), City of Pasadena On-Call Surveys, City of Santa Monica On-Call Surveys, Gold Line Eastside Extension Tunneling Project, and Pasadena Light Rail Project. The firm has participated on several Caltrans projects, and they are very familiar with the agency's guidelines and procedures. They are currently providing land surveying services on an on-call basis on Caltrans contracts 08A2868, 07A4408, and have provided services on 090710, 07A4180, 07A2704, 07A4679, and 07A2694. CHA is a DBE (Metro #1379/CUCP #21761) certified firm, registered with the California Department of Industrial Relations (1000021302), and is a signatory to IUOE Local 12. Joint Work: CHA recently signed an agreement to provide surveying services for CIP 8751 Traffic Safety Improvements (HSIP Cycle 98). We have received the NTP and work is scheduled to begin in May 2020. C Below, Inc. (Potholing) C LOI C Below offers professional locating = IE and mapping services throughout e--suBS\iRfACclMAGING Southern California. Their highly experienced technicians utilize the most advanced equipment in the industry. C Below locates horizontal and vertical locations of underground utilities including water, gas power, waste, communications, and cable/TV. Many different methods are used to locate these utilities. These methods include GPR (ground penetrating radar), CCTV, utility locators, electromagnetic locators, and potholing. Accurate information is vital in planning and can prevent costly delays from damages caused by cutting, coring, drilling, or digging in areas congested by unforeseen hazards in concrete, masonry, and underground. Information can be provided in the form of pull box or electrical reports, potholing reports, underground mapping, 3D modeling, CAD drawings or simply marking surfaces. City of Palm Springs • TRED96011.2020 C Below has been in the utility locating business for ten years and employs the most experienced technicians in the industry, some with over ten years of experience. C Below currently has over 45 employees, including thirty technicians, the sales department, a Project Engineer, a surveyor, and a CAD technician. Joint Work: C Below has worked on several projects with our team, notably: Rancho Road Improvements, and Lawrence and Teller Road Intersection Improvements in Thousand Oaks. Jericho Systems, Inc. -Natural Environmental Study -Minimal Impact (NES-MI) Jericho Systems, Inc. provides ~ ::~~e~~~r~\;~~~~;r:h~;u8~1~ng and private sectors. Their mIssIon ---------is to provide clients with high quality consulting services, so that they can make informed natural resource management decisions. Jericho's experienced staff helps their clients navigate the often-complex regulatory permitting process to get their project done as efficiently as possible. Joint Work: Jericho has joined our team on multiple Environmental Planning and Documentation projects throughout Southern California. ASM Affiliates, Inc. -Ca/trans Cultural Resources Compliance Documentation AS M , ASM Affiliates, Inc. (ASM) is a _ cultural resources management ,__,,, ..• ~.n-•,..;,,,.,_..,;.,;..-.., (CRM) consulting firm specializing in archaeological and historical studies for compliance with local, state, and federal environmental requirements. Since incorporation in 1977, ASM has completed more than 5,000 technical studies including major historic context statements, NRHP and CRHR nominations, and Historic American Building Survey(HABS)/Historic American Engineering Record (HAER)/Historic American Landscape Surveys (HALS) documentation. Joint Work: ASM has provided cultural resources on multiple Environmental Planning and Documentation projects throughout Southern California. Kimley>>>Horn N·M 84
............................................................................................................................................................................... ·. PA0"0:i~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements 5. RESUMES OF KEY STAFF Jean Fares, P.E. Project Manager; Construction Support Jean has 30 years of experience with the planning and design of traffic and transportation projects throughout California and the western U.S. As a registered Professional Engineer in California, he has provided traffic signal design at over 2,000 locations, signal system design at over 1,500 locations, and traffic signal timing at over 2,500 locations, and has wide-ranging experience with traffic operations, signing and marking plans preparation, transportation management plans (fMP), and traffic control plans. Jean also has extensive expertise in applying traffic engineering, Intelligent Transportation Systems (ITS) technologies, and communications infrastructure design to leading design-build transportation and transit projects. II RELEVANT EXPERIENCE ..illlll Traffic Management Center (TMC) Troubleshooting and Timing Plan Review, Palm Springs, CA -Project Manager ..illlll Design of Traffic Signal Interconnect Improvements (HSIP Project), Rancho Mirage, CA -Project Manager ..illlll Professional Engineering Services for Date Palm Drive and Varner Road HSIP Safety Improvements, Cathedral City, CA -Project Engineer ..illlll 224 Traffic Signal Improvements HSIP Project, San Bernardino, CA -Project Manager ..illlll Paramount Boulevard Fiber-Optic Communication System, Downey, CA -Project Manager ..illlll Transit Priority System Phase 2/ATMS Phase 3, Santa Monica, CA -Project Manager ..illlll Wiley Canyon Road at Orchard Village Road & Newhall Avenue at Railroad Avenue Intersection Improvement Project (HSIP Project), Santa Clarita, CA -Deputy Project Manager ..illlll Traffic Signal Synchronization Project, Coachella Valley, CA -Project Manager ..illlll Buena Vista Street and Winona Avenue Improvements, Burbank, CA -Project Manager ..illlll On-Call Traffic Engineering Services, Agoura Hills, CA -Project Director ..illlll Pomona Valley Advanced Traffic Management and ITS Project, Pomona Valley, CA -Project Manager ..illlll Colima Road and Fullerton Road ITS and Street Improvements, Los Angeles County, CA -Project Manager f:hl PROFESSIONAL ~2 CREDENTIALS: • Bachelor of Science, California State Polytechnic University, Pomona • Professional Engineer in California #TR2097 • Institute of Transportation Engineers {ITE), Member ~ PROFESSIONAL •' REFERENCES: • Jesse Eckenroth, Director of Public Works, City of Rancho Mirage, 760.770.3224 • Cesar Romo, Traffic Signal Administrator, City of Santa Clarita, 661.286.4002 ..illlll Nogales Street Traffic Signal Synchronization Project, Various Cities in Los Angeles County, CA -Project Manager ..illlll Rancho Road Sidewalks and Bike Lanes (HSIP Project), Thousand Oaks, CA -Project Manager ..illlll Woodruff Avenue Traffic Signal Synchronization Project, Various Cities in Los Angeles County, CA -Project Manager ..illlll Marine Avenue Traffic Signal Synchronization Project, Various Cities in Los Angeles County, CA -Project Manager ..illlll Whittier Boulevard Traffic Signal System Projects, Whittier, CA -Project Manager ..illlll Smart Corridor-San Fernando Road, Glendale, CA -Project Manager ..illlll Los Robles Avenue Traffic Signal Improvement and Interconnect, San Marino, CA -Project Manager ..illlll On-Call Traffic Signal Design Services, Palmdale, CA -Project Manager ..illlll Ocean Park Boulevard Complete Street, Santa Monica, CA -Principal-in-Charge ..illlll San Fernando Road Improvements, Santa Clarita, CA -Project Manager ..illlll ITS Phases II through VII Projects, Santa Clarita, CA -Project Manager ..illlll Traffic Signal Improvements HSIP Project, Culver City, CA -Project Manager ..illlll ITS and Traffic Signal Modification, Inglewood Stadium, Inglewood, CA -Principal-in-Charge City of Palm Springs • TRED96011.2020 Kimley>>>Horn 85
...................................................................................................................................................................................................................................... . . PAoPof6~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements Mike Sutton, P.E. Principal-in-Charge Mike is a professional engineer with more than 24 years of broad-range experience covering many types of land development and public works projects. His strengths are in on-and off-site planning and design for master planned communities as well as managing design teams on multiple industrial, commercial, and resort projects. He also has many years of design and management experience on local public works projects. His duties typically include supervision of the design team, client coordination, coordination with governing agencies, administration and management of subconsultants, and coordination with utility purveyors. Mike's vast, multifaceted experience has made him an invaluable asset to Kimley-Horn. P.-.1 RELEVANT EXPERIENCE ..illlll Professional Engineering Services for Date Palm Drive and Varner Road HSIP Safety Improvements, Cathedral City, CA -Principal-in-Charge ..illlll Design of Traffic Signal Interconnect Improvements (HSIP Project), Rancho Mirage, CA -Principal-in-Charge ..illlll The Crossings, Cathedral City, CA -Project Manager ..illlll Downtown Core Streets, Cathedral City, CA -Inspector/Construction Manager ..illlll 224 Traffic Signal Improvements HSIP Project, San Bernardino, CA -Project Engineer ..illlll Marriott Shadow Ridge, Palm Desert, CA -Project Manager/Project Engineer ..illlll Garden of Champions Tennis Stadium Complex, Indian Wells, CA -Project Engineer ..illlll La Entrada Specific Plan, Coachella, CA -Project Manager ..illlll KPC Coachella Specific Plan and EIR, Coachella, CA -Project Manager ..illlll Sundance Master Plan Community, Beaumont, CA -Project Manager ..illlll SilverRock Resort, La Quinta, CA -Project Manager ..illlll Four Seasons Terra Lago -Active Adult Residential Project, Indio, CA -Project Manager ..illlll Eisenhower George and Julia Argyros Health Center, La Quinta, CA -Project Director ..illlll El Paseo Hotel, Palm Desert, CA -Project Manager ..illlll Veteran's Park, Coachella, CA -Principal-in-Charge ..illlll Legacy Apartments Affordable Housing, Thousand Palms, CA -Project Director ..illlll Cedar Glen Affordable Housing, Riverside, CA -Project Director ..illlll Rancho Dorado Apartments, Moreno Valley, CA -Project Director ..illlll Toscana Apartments Affordable Housing, Fontana, CA -Project Director ..illlll Hovely Gardens Apartments, Palm Desert, CA -Project Manager ..illlll Heimark Distribution Center, Indio, CA -Project Manager ..illlll Sterling Estates II, City of Rancho Mirage, CA -Project Manager ..illlll Bob Hope and Dinah Shore Widening Project, Rancho Mirage, CA -Project Manager ..illlll Highway 111 Widening San Marcos to Larkspur Way, Palm Desert, CA -Project Manager ..illlll Highway 111 Widening Plaza Way to San Marcos, Palm Desert, CA -Project Manager ..illlll Ramon Widening Project, Riverside County, CA -Project Manager City of Palm Springs • TRED9607 7 .2020 Q PROFESSIONAL ~~ CREDENTIALS: • Bachelor of Science, Civil Engineering, California State Polytechnic University, Pomona • Professional Engineer in California #57667 • Board Member-CV Branch of APWA (Acting President) • Board Member -Salton Sea Action Committee • Member, Chi Epsilon, The National Civil Engineering Honor Society ,. PROFESSIONAL •' REFERENCES: • John Corella, Director of Engineering, City of Cathedral City, 760.770.0327 • Juan Raya, City Engineer, City of Indio, 760.541.4225 Kimley>>>Horn NM 86
••••••••••••••••••••••••••••••••• .................... 4 ................................. , •• , .. , ....................................................... , .................................................................. .. PROPo:~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements Kevin Aguigui, P.E., T.E., E.E., CSEP Quality Control/Quality Assurance Kevin Aguigui is a Senior Systems Engineer with extensive hands-on experience in ITS, systems engineering, transportation engineering, and electrical systems design. His main focus is in the areas of ITS, transit ITS, security and surveillance systems, communications networks, traffic engineering and design, adaptive control systems and transit signal priority systems. He has planned, designed, implemented and integrated numerous ITS systems that have included advanced transportation controllers, CCTVs, VMS, detection systems, security and surveillance systems, real-time transit information systems, wireless networks, local and wide area networks, and electrical systems. He has conducted numerous technology evaluations, prepared several ITS strategic and master plans, and conducted systems integration for many different types of networks and systems. He has implemented and integrated all forms of communications networks including configuration and testing of field elements and network equipment for both wired and wireless systems. !DI RELEVANT EXPERIENCE ...ii Traffic Management Center (TMC) Troubleshooting and Timing Plan Review, Palm Springs, CA -QC/QA ...ii 224 Traffic Signal Improvements HSIP Project, San Bernardino, CA -QC/QA ...ii Design of Traffic Signal Interconnect Improvements (HSIP Project), Rancho Mirage, CA -QC/QA ...ii Paramount Boulevard Fiber-Optic Communication System, Downey, CA -QC/QA ...ii Expo Metro Line Construction Authority, Design of LRT Phase 2 (Stage B), Los Angeles, CA -Systems Engineer ...ii ITS Phases II -VII Projects, Santa Clarita, CA -QC/QA ...ii Transit Priority System Phase 2/ATMS Phase 3, Santa Monica, CA-QC/QA ...ii Gerald Desmond Bridge Design-Build (0-8) Project, Port of Long Beach, CA -QC/QA ...ii Sand Hill Road Traffic Signal Interconnect Adaptive Coordination Project Design Services, Menlo Park, CA -Principal-in-Charge ...ii Bowers Avenue Traffic Signal Interconnect, Santa Clara, CA -Project Manager ...ii Miner Avenue and Filbert Street Traffic Signal Installation, Stockton, CA -Principal-in-Charge ...ii Adaptive Traffic Signal System, Walnut Creek, CA -Project Manager ...ii De La Cruz Boulevard, El Camino Real, and Scott Boulevard Traffic Signal Interconnect and Coordination Project, Santa Clara, CA -Project Manager ...ii Davis Road and Wagner Heights Road Traffic Signal Installation, Stockton, CA -Principal-in-Charge ...ii Citywide Traffic Signal Communications Inventory, Dublin, CA -Project Manager ...ii Benton Street at Pomeroy Avenue Intersection Improvements and Signal Interconnect Project, Santa Clara, CA -Project Manager ...ii Traffic Signal Controller and Cabinet Replacement for Broadway/California Drive/Carolan Avenue Intersections, Burlingame, CA -Project Manager ...ii 65th Street, Power Inn Road, and Fruitridge Road TLSP Signal Timing, Integration and Installation, Sacramento, CA -Principal-in-Charge ...ii ITS and Traffic Signal Modification, Inglewood Stadium, Inglewood, CA -Project Engineer City of Palm Springs • TRED9607 7 .2020 PROFESSIONAL CREDENTIALS: • Bachelor of Science, Civil Engineering, University of Hawaii • Certificate with Distinction, Telecommunications and Network Engineering, UC Berkeley • Certified Systems Engineering Professional (CSEP} • Professional Engineer in California #C48732, #TR1781,#EE19888 • Institute of Electrical and Electronic Engineers (IEEE}, Member • Institute of Transportation Engineers (ITE}, Member • Intelligent Transportation Society of America (ITS America}, Member • International Council on Systems Engineering (INC0SE}, Member ~ PROFESSIONAL •' REFERENCES: • Eric Sons, P.E., Senior Engineer, City of Visalia, 559.713.4350 • Cesar Romo, Traffic Signal Administrator, City of Santa Clarita, 661.286.4002 Kimley>>>Horn MM 87
PAaeo:i~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements Kevin Thomas, CEP, ENV SP Environmental and Local Assistance Procedure Kevin has over 30 years of experience in the environmental compliance and permitting of major capital improvement and land development projects, specializing in the strategic guidance, preparation, and peer review of CEQA/NEPA documents and regulatory permitting programs. He has managed and prepared Environmental and Planning studies for public and private sectors clients, under the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). His responsibilities also include staff training and public hearing presentations. Kevin draws on his broad background and understanding of environmental constraints to provide technical and CEQA compliance review and environmental documentation, in addition to research, analysis, and writing. He's managed a wide range of environmental planning projects, including environmental documents for major transportation projects, air quality and noise studies, community participation programs, highly controversial capital improvement projects, state-of-the-art visual analyses, facility siting and due diligence studies. As a Riverside County resident and leader in our Riverside office, Kevin is familiar with the key local agencies and stakeholders involved in the CEQA/NEPA and project delivery process. Kevin is adept at integrating with design teams at all stages of the project delivery process, from feasibility study, to concept design, to PA/ED {CEQA/NEPA compliance), regulatory permitting, review of construction bid documents for consistency with CEQA/NEPA and permits, and preparing mitigation monitoring reports during construction. llDJ RELEVANT EXPERIENCE A Professional Engineering Services for Date Palm Drive and Varner Road HSIP Safety Improvements, Cathedral City, CA -Environmental QC/QA A 224 Traffic Signal Improvements HSIP Project, San Bernardino, CA -Environmental Planner A On-Call Environmental Services Contracts Caltrans Districts 7, 8, and 12, Los Angeles, San Bernardino, Riverside and Orange Counties, CA -Project Manager * A Van Buren Metro Station IS/MND and CE/PES, Riverside County Transportation Commission (RCTC), Riverside, CA -Environmental Task Leader * A Jeffrey Road Pedestrian Overcrossing CE/MND, Irvine, CA -Project Manager * A Los Alamos and Interstate 215 CE/CE, Murrieta, CA -Environmental Task Manager * A Riverside County Transportation Department, Various Road Projects, County of Riverside, CA -Project Manager * A Riverside County Transportation and Land Management Agency, On-call Environmental Services, County of Riverside, CA -Project Manager A Antelope Valley Transportation Authority Operations Center IS/EA, Lancaster, CA -Project Manager * A El Dorado Bridge Widening Project Initial Study/Mitigated Negative Declaration, Rancho Mirage, CA -Project Manager * A Interstate 15 and Nutmeg Street Overcrossing IS/MND, Murrieta, CA -Project Manager * A Jefferson Drive/Murrieta Creek Road, Murrieta, CA -Environmental Task Manager * PROFESSIONAL CREDENTIALS: • Bachelor of Arts, Environmental Engineering, University of California, Los Angeles, CA • Certified Environmental Professional {CEP) • ENVISION Sustainability Professional {ENV SP) • American Road and Transportation Builders, NEPA subcommittee, Chair • American Consulting Engineers Council {ACEC), Land Use and Environment Committee ,, PROFESSIONAL 9 REFERENCES: • Oliver Mujica, Planning Director, City of San Bernardino, 909.384.5111 • Ron Goldman, Contract Planner, City of Coachella and City of Murrieta, 951.288.4832 A Mcfadden Avenue and Interstate 405 Overcrossing IS/MND, Huntington Beach, CA -Project Manager * A Monterey Bridge Construction Noise Monitoring, CA -Environmental Task Manager * A Moulton Parkway Super Street EIR, Orange County, CA -Project Manager * A North Costa Mesa Arterial Improvement Program EIR, Costa Mesa, CA -Project Manager * A On-Call Civil Engineering Professional Services, San Bernardino County, CA -Environmental Planner * A ITS and Traffic Signal Modification, Inglewood Stadium, Inglewood, CA -Environmental Planner * Prior to Kimley-Horn City of Palm Springs • TRED96011.2020 Kimley>»Horn @:M 88
"R0"0~~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements Nikita Petrov, P.E., FOi Dilemma Zone Calculations/Reports Nikita has more than 13 years of experience working on a variety of transportation projects from ITS design to transportation studies and planning. His area of expertise is primarily signal design and signal timing. His experience with signal design and modification as well as interconnect design includes over 75 traffic signals throughout the Bay Area and Northern California. He has worked on all types and sizes of projects which were as small as one lighted crosswalk design to as large as 17 traffic signal modifications along 11 miles of expressway. He has served as a project manager on multiple traffic signal and signing and striping projects for various public and private agencies, and has been a task manager for many more projects which included traffic signal and street lighting design, signal interconnect design, signing and striping design, roadway design and civil modifications, pedestrian and bicycle studies, speed survey projects, transit design and planning projects, freeway study and operations projects, and ITS design project. Nikita has a long track record of providing quality services which resulted in great working relationships with clients and a lot of repeat work. II RELEVANT EXPERIENCE A ITS and Traffic Signal Modification, Inglewood Stadium, Inglewood, CA -Project Engineer A 224 Traffic Signal Improvements HSIP Project, San Bernardino, CA -Project Engineer A Advanced Dilemma Zone Detection Project, Sunnyvale, CA -Project Manager A Advance Dilemma Zone Detection Phase II Project, Sunnyvale, CA -Project Manager A Maude Avenue Bikeway & Streetscapes, Sunnyvale, CA -Project Engineer A NGAOP Santa Clara County Bluetooth Readers Installation Project, Santa Clara County, CA -Project Engineer A NEXTGEN Dublin Field Elements Project, Dublin, CA -Project Manager A Capitol Expressway ITS Infrastructure and Sidewalk Project, Santa Clara County, CA -Project Engineer A SR 99/Service Road Divergent Diamond Interchange Modification Project, Ceres, CA -Project Engineer A Bailey Road Interchange Modification Project, Contra Costa County, CA -Project Manager A 2017 HSIP Union City Traffic Signal Modification Project, Union City, CA -Project Manager PROFESSIONAL CREDENTIALS: • Bachelor of Science, Civil Engineering, University of California, Los Angeles • Professional Engineer in California #C80570 • ETA Fiber Optic Installer, FOl233142 ~ PROFESSIONAL .,\\I REFERENCES: • Carmen P. Talavera, P.E., T.E., Senior Traffic Engineer, Department of Public Works, City of Sunnyvale, 408.730.7522 • Jamil Salas, P.E., Traffic Engineering and Operations, County of Santa Clara Roads and Airports Department, 408.494.1375 A Gregory Road and Elinora Road Intersection Modification Project, Pleasant Hill, CA -Project Manager A Golf Club Road and Old Quarry Road Improvements Project, Pleasant Hill, CA -Project Manager A Bollinger Canyon Road Pedestrian Signal Improvements Project (HSIP), San Ramon, CA -Project Engineer A lmjin Parkway Intersection Improvements, Marina, CA -Project Engineer City of Palm Springs • TRED960/ 1.2020 Kimley>>>Horn MM 89
p~000it~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements Jason Melchor, P.E. Traffic Signal Plans (PS&E); Construction Support Jason is a professional engineer with 21 years of experience in traffic engineering and transportation planning. He has worked with clients in Riverside, Orange, Los Angeles, and San Diego Counties on traffic engineering projects such as traffic signal designs, signing and striping, traffic control, and signal interconnect design plans. He has prepared traffic impact studies and performed the technical analysis for a variety of transportation planning projects including transit analysis and circulation studies. Jason has experience working with a variety of traffic engineering software programs and computer design packages. For over 1 O years, he has been a core team member on many ITS and traffic signal upgrade projects with Jean Fares. A RELEVANT EXPERIENCE ..ii Traffic Management Center (TMC) Troubleshooting and Timing Plan Review, Palm Springs, CA -Project Engineer ..ii Design of Traffic Signal Interconnect Improvements (HSIP Project), Rancho Mirage, CA -Project Engineer ..ii Paramount Blvd. Fiber-Optic Communications System, Downey, CA -Project Engineer ..ii Transit Priority System Phase 2/ATMS Phase 3, Santa Monica, CA -Project Engineer ..ii ITS Phases II through VII Projects, Santa Clarita, CA -Project Engineer ..ii Wiley Canyon Road at Orchard Village Road & Newhall Avenue at Railroad Avenue Intersection Improvement Project (HSIP Project), Santa Clarita, CA -Project Engineer ..ii On-Call Traffic Engineering Services, Agoura Hills, CA -Project Engineer ..ii On-Call Traffic Signal Design Services, Palmdale, CA -Project Engineer ..ii City of Industry On-Call, City of Industry, CA -Project Manager ..ii Expo Metro Line Construction Authority, Design of LRT Phase 2 (Stage B), Los Angeles, CA -Project Engineer ..ii Ocean Park Boulevard Complete Street, Santa Monica, CA -Project Engineer ..ii Ramona Boulevard at Valley Boulevard Intersection Improvement Project, El Monte, CA -Project Engineer I I lllllir..... PROFESSIONAL CREDENTIALS: • Bachelor of Science, Civil Engineering, Specialization in Transportation, University of California, Irvine • Professional Engineer in California #C65218 • Institute of Transportation Engineers • Orange County Traffic Engineering Council 1'\ PROFESSIONAL ~ REFERENCES: • Jesse Eckenroth, Director of Public Works, City of Rancho Mirage, 760. 770.3224 • Cesar Romo, Traffic Signal Administrator, City of Santa Clarita, 661.286.4002 ..ii Imperial Highway Traffic Signal Fiber-Optic Communication System and Upgrades Project, Downey, CA -Project Engineer ..ii City Municipal Fiber-Optic Network, Ontario, CA -Project Engineer ..ii Riverside Fiber Optic Improvements, Burbank, CA -Project Engineer ..ii Pasadena SAFETEA-LU System Manager, Pasadena, CA -Project Engineer ..ii OCTA, Traffic Signal Synchronization Master Plan, Orange, CA -Project Engineer ..ii Base Line Road Traffic Signal Interconnect and Signal Coordination, Rancho Cucamonga and Upland, CA -Project Engineer ..ii East Coast Highway Signal Rehabilitation Design, Newport Beach, CA -Project Manager ..ii Gerald Desmond Bridge Design-Build (D-B) Project, Port of Long Beach, CA -Project Engineer ..ii Traffic Signal Improvements HSIP Project, Culver City, CA -Project Engineer ..ii ITS and Traffic Signal Modification, Inglewood Stadium, Inglewood, CA -Project Engineer ..ii 224 Traffic Signal Improvements HSIP Project, San Bernardino, CA -Project Engineer City of Palm Springs • TRED96017 .2020 Kimley>>>Horn @u@ 90
•Ro•oFs;~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements Sri Chakravarthy, P.E., T.E. Traffic Signal Timing Sri has more than 16 years of traffic operations and transportation engineering experience. Since beginning his career with Los Angeles County prior to joining Kimley-Horn, Sri has participated in a wide variety of traffic signal synchronization, ITS operations projects, and on-call traffic engineering services. His project management experience includes traffic signal operations, traffic signal design, traffic impact studies, corridor planning, signal justification studies, site-specific traffic circulation, and safety studies. His key areas of expertise include traffic signal timing, signal design, ITS, transportation modeling, grant applications, and statistical analysis. _ ..... _ RELEVANT EXPERIENCE ..i1IIII Design of Traffic Signal Interconnect Improvements (HSIP Project), Rancho Mirage, CA -Project Engineer ..i1IIII ITS Phases II -VII Projects, Santa Clarita, CA -Senior Project Engineer ..i1IIII Marine Avenue Traffic Signal Synchronization project, Various Cities in Los Angeles County, CA -Assistant Project Manager ..i1IIII Nogales Street Traffic Signal Synchronization project, Various Cities in Los Angeles County, CA -Assistant Project Manager ..i1IIII Whittier Traffic Signal Synchronization Project, Whittier, CA -Project Engineer ..i1IIII Pomona Valley Advanced Traffic Management and ITS Project, Pomona Valley, CA -Project Engineer ..i1IIII Paramount Boulevard Fiber Optic Communication System, Downey, CA -Project Manager ..i1IIII On-Call Traffic Engineering Services, Malibu, CA -Project Manager ..i1IIII Read Road Bike Path Connector, Thousand Oaks, CA -Project Engineer ..i1IIII Mulholland Highway Scenic Corridor, Calabasas, CA -Project Engineer ..i1IIII On-Call Traffic Engineering and Plan Checking Services, Agoura Hills, CA -Project Engineer ..i1IIII Pacific Coast Highway Signal System Improvements Project, Malibu, CA -Project Manager ..i1IIII U.S. 101 /23 Interchange PS&E Traffic and Electrical Design, Thousand Oaks, CA -Project Manager ....illll ~ PROFESSIONAL ~~ CREDENTIALS: ............................... • Master of Science, Civil Engineering, Louisiana State University • Bachelor of Science, Civil Engineering, Kakatiya University • Professional Civil Engineer in California #C73629 • Professional Traffic Engineer in California #2531 ~\ PROFESSIONAL .,\" REFERENCES: • Ramiro Adeva, Director of Public Work&'City Engineer, City of Agoura Hills, 818.597.7353 • Rob Duboux, ~istant Public Works Director, City of Malibu, 310.456.2489 x339 ..i1IIII Rice Avenue/5th Street Grade Separation Preliminary Engineering and Final Design (Traffic and Electrical Design), Oxnard, CA -Project Manager ..i1IIII Newport Avenue MuHi-Phase ITS Improvements, County of Orange, CA -Project Manager ..i1IIII Chapman Avenue Regional Traffic Signal Synchronization Program, Orange County, CA -Project Manager ..i1IIII OCTA, Crown Valley Traffic Signal Synchronization, Orange County, CA -Project Manager ..i1IIII OCTA, Lake Forest Drive Signal Timing and Synchronization, Orange County, CA -Project Manager ..i1IIII OCTA Brookhurst Street TLSP, Orange County, CA -Project Engineer ..i1IIII OCTA, El Toro Road Regional Traffic Signal Synchronization Project (RTSSP), Orange County, CA -Project Manager ..i1IIII Accident Rate Study, LA County, CA -Project Engineer ..i1IIII Design for Kazan/Walnut Traffic Signal Improvements, Irvine, CA -Project Manager ..i1IIII ITS and Traffic Signal Modification, Inglewood Stadium, Inglewood, CA -Project Engineer ..i1IIII 224 Traffic Signal Improvements HSIP Project, San Bernardino, CA -Project Engineer City of Palm Springs • mED9601 i .2020 Kimley>>>Horn NIM 91
PRoP0ft~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements Frank Hoffmann, P.E. ADA Compliant Ramp Design; Construction Support Frank has over 34 years of diverse experience in civil design and construction management. Project types include private, local, state, and federal working with roadway design and improvement, Bus Rapid Transit, Light Rail Transit, transit support facilities, utility design, water resources, drainage design, and airport construction. His responsibilities include project management, work plan preparation, cost estimating, contractor selection, scheduling and oversight, design specification development, resource allocation, technical and final report preparation and review, quality control (QC/QA), troubleshooting, negotiation/ approval of field changes, and client relations. Frank has a broad range of design experience in the Sonoran and Mojave Desert. Frank has a large portfolio of projects delivered through the Caltrans Local Assistance Program and is currently working on projects in Corona, Colton, Beaumont, and Banning with Caltrans District 8. D RELEVANT EXPERIENCE ...ill Professional Engineering Services for Date Palm Drive and Varner Road HSIP Safety Improvements, Cathedral City, CA -Project Manager ...ill On-Call Civil Engineering Services, Palm Springs, CA -Project Manager ...ill 1-1 Of Pennsylvania Avenue Widening, Beaumont, CA -Lead Roadway Engineer ...ill Ontario Ranch Road Widening Project, City of Ontario, CA (Lewis Group) -Project Manager ...ill County of Riverside, 1-1 O Bypass PA&ED, Riverside, CA -QC/QA ...ill Mid-Coast Light Rail Transit project -100% Final Design Phase, sub to WPS, San Diego, CA -Subconsultant Civil Project Manager ...ill Patterson Avenue and Webster Avenue Widening, Perris, CA -Lead Roadway Engineer ...ill Replacement of North 1st Avenue Bridge, Barstow, CA -Senior Roadway Engineer ...ill McKinley Street Grade Separation, sub to Biggs Cantosa Associates (BCA), Corona, CA -Lead Roadway Engineer ...ill Western Riverside County Council of Governments (WRCOG) 2016 On-Call, Riverside, CA -Project Engineer ...ill Van Buren Road Widening, Riverside County, CA -Lead Roadway Engineer ...ill SR 94 Campo Road Widening, Jamul, CA -Lead Roadway Engineer ...ill LA Metro, SR 138 Corridor PA&ED, North Los Angeles County, CA -Deputy Project Manager ...ill Mission Boulevard Bridge Replacement, Riverside County, CA -QC/QA ...ill 7th Street Widening , Maricopa County, AZ -Project Manager PROFESSIONAL CREDENTIALS: • Bachelor of Science, Civil Engineering, Fachhochschule Rheinland-Pfalz • Professional Engineer in California #C61839 • American Society of Civil Engineers (ASCE), Member ~\ PROFESSIONAL .,\~ REFERENCES: • John Corella, P.E. Director of Engineering, City of Cathedral City, 760. 770.0327 • Gerardo Garduno, Project Manager, Lewis Management Corporation, 909.579.5109 ...ill Riverside Transit Authority, Design of the Promenade Mall Mobility Hub, Temecula, CA; Riverside County, CA -QC/QA ...ill Expo Phase II Bike Path, Santa Monica, CA -Project Manager ...ill SANDAG, Bus on Shoulder (BOS) BRT Demonstration, San Diego, CA -QC/QA ...ill Agoura Road Widening Project (Complete Streets), Agoura Hills, CA -Lead Roadway Engineer ...ill Mulholland Highway Master Plan, Calabasas, CA -Lead Roadway Engineer ...ill I-5/Genesee Avenue Interchange PA&ED, PS&E and Construction Phase Services (CPS), San Diego, CA -QC/QA ...ill 1-5 North Coast PA&ED and PS&E, San Diego, CA -Senior Roadway Engineer ...ill Voigt Drive/1-5 North Coast Corridor (NCC) Improvements (PS&E), San Diego, CA -QC/QA ...ill US 101 and Palo Comado Canyon Road PA&ED, Agoura Hills, CA -QC/QA ...ill ITS and Traffic Signal Modification, Inglewood Stadium, Inglewood, CA -Project Engineer ...ill 224 Traffic Signal Improvements HSIP Project, San Bernantino, CA -Project Engineer City of Palm Springs • TRED96071.2020 Kimley>>>Horn Mf W 92
PA0•0tt~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements &.GENERAL APPROACH Project Understanding and Approach Project Understanding The City of Palm Springs received a Highway Safety Improvements Project (HSIP) Cycle 9 grant to improve safety at nine (9) signalized intersections throughout the City by installing the latest in traffic safety equipment. The City is seeking a consultant to complete the design {prepare Plans, Specifications, and Estimate) for the installation of dilemma zone detectors, installing protected left-turn traffic signal heads, and upgrading of ADA curb ramps at the nine (9) project intersections. According to the Federal Highway Administration {FHWA) Traffic Control Systems Handbook, the dilemma zone is the virtual zone prior to the signalized intersection, where a driver has difficulty deciding whether to safely proceed through the intersection prior to the side street turning green or safely stop, as the yellow clearance interval has turned on and prior to the signal turning red. In either situation, there may be the potential for collisions during the dilemma zone period. For example, if the driver decides to stop suddenly, there is a potential for a rear end collision or the inability for the driver to safely stop prior to the stop line. Alternatively, if the driver decides to proceed through the intersection, there is a potential for conflicts with cross traffic. The FHWA describes the dilemma zone for high-speed approaches, the area where the speeds exceed 35 miles per hour (mph), and defines the boundaries of the zone. According to FHWA, the upper boundary, where 90 percent of motorists will decide to stop, lies 4.5 to 5 seconds from the intersection. The lower boundary, where 1 O percent of the motorists will decide to stop, is 2 to 2.5 seconds from the intersections. This means that the dilemma zone should not be longer than 3 seconds. The sample table below shows upper and lower boundaries for approach speeds from 35 to 55 mph. Dilemma Zone Boundaries Approach Speed milh 35 40 45 50 55 Distance from intersection for 90% and 10% probabilities of stopping 90% values in ft 10% values in ft 254 102 284 122 327 152 353 172 386 234 Source: Table of Dilemma Zone Boundaries. Reprinted from Traffic Control Systems Handbook: Chapter 6. Detectors, by U.S. Department of Transportation Federal Highway Administration Office of Operations, retrieved from https://ops.fhwa.dot.gov City of Palm Springs • TRED96017 .2020 To minimize the number of vehicles entering the dilemma zone during the yellow clearance interval, the City of Palm Springs is proposing to install an Advanced Dilemma Zone Detection System (ADZDS) at each approach of the nine intersections. The ADZDS will collect the volume and speed of vehicles prior to the dilemma zone, and either extend the green time or turn the yellow interval on earlier, to minimize the number of vehicles entering the dilemma zone during the yellow clearance interval. Our approach is to collect speed surveys along each approach of each intersection. We understand the City has recently updated their speed survey citywide. We anticipate being able to utilize the City's recent speed survey data to calculate the dilemma zone boundaries on the surveyed 85th percentile speed for each intersection approach. We understand there are options in technology that can be implemented when installing an ADZDS. Options for radar only or hybrid radar and video detection are available applications for an ADZDS. Radar only will obtain the speeds of vehicles prior to the dilemma zone and signal whether or not to provide a green extension. A hybrid radar and video detection system will do the same as radar only, but also has the ability to provide continuous detection of a vehicle throughout the system to ensure optimal detection. We will identify which technology is more appropriate to implement for the City based on achieving the goals of the project as well as being financially responsible to the City's constituents. The City is seeking to hire a firm to design the installation of the ADZDS at nine signalized intersections. Due to the nature of the funding, the City is also requesting the selected firm to prepare applications and supporting documents in conformance with the applicable federal requirements for federally funded projects, such as E-76 "Authorization to Proceed to Construction," National Environmental Policy Act {NEPA) clearance, and Right-of Way and Utility Certifications, as part of the Preliminary Environmental Study (PES) procedures. Additionally, we will coordinate with all the utility companies affected by the project. The Americans with Disabilities Act (ADA) of 1990, along with its implementing regulations, and the California Government Code Sections 4450 et seq., prescribe that facilities shall be made accessible to persons with disabilities. Based on our review of the project recommendations and a detailed field review of all nine intersections, we noticed diversions from the current ADA standards at seven of the nine intersection locations. The California Building Code (CBC) and the California Department of Transportation's accessibility design guidance, DIB 82 "Pedestrian Accessibility Guidelines for Highway Projects" dated Nov 16, 2017, will be used to identify the ADA deficiencies and to develop revised designs following current ADA regulations. Kimley>>>Horn MEN 93
··············· ........ ,, ........................................................................ , ...................................................................................................................................................................... .. •Ro•o,;;;~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements Kimley-Horn and our subconsultant Cabrinha, Heam & Associates, a DBE, are very familiar with the federally funded projects and Caltrans Local Assistance Procedures and have vast experience working on similar projects. We have partnered together on multiple signal, ITS, and roadway design projects, and completed various tasks depending on the requirements of the project. For this contract, Kimley-Horn will be the prime engineer completing the design as well as taking the lead to complete the E-76 applications and NEPA clearances. We have extensive experience working specifically with Caltrans District 8 on Local Assistance projects and are familiar with the process. While we understand that new traffic signal equipment and signal poles will be needed at certain intersections, our approach is to identify alternate methods and means to reuse existing infrastructure as much as possible. We have conducted multiple preliminary field observations at each intersection to measure the slope and dimensions of every existing ramp to verify ADA compliance. Our engineers walked through and around each intersection to document the existing controller cabinets, traffic signal poles/arms, speed limit signs, traffic signal heads, pedestrian signal heads, and pushbuttons. These preliminary field notes and the City's recently conducted Engineering and Traffic Survey will help determine the optimal ADZD locations and other intersection specific recommendations. A summary of our notes and recommendations are found in the Project Recommendation Tables which go beyond the required traffic safety improvements listed in the RFP. Project Approach The Kimley-Horn team has developed a project approach that is fully responsive to the stipulations of the Request for Proposals (RFP) and has developed over 50 years of completing similar signal design and intersection modification projects. This approach can be further adjusted based on the current needs of the City and any specific needs of the corridors to be timed. The following diagram illustrates the project flow and deliverables. LOCAL ASSISTANCE PROCEDURE Kick-Off Meeting Gather Existing Data • Speed Survey • As-Builts • Field Investigation City of Palm Springs • TRED9601 7.2020 Prepare Required Environmental Studies and Technical Memos Caltrans/City Approval of CEOA/NEPA Document PS&E PROCESS • Dilemma Zone Calculations Caltrans Signs NEPA Deliverable 30% PS&E Start ROW Certification Signal Timing Assistance Kimley>>>Horn MCM 94
EXHIBIT 2: Typical Design for Advanced Dilemma Zone Detection System Intersection (Intersection 6 -Sunrise Way and Tachevah Drive)
LEGEND:
-Dilemma Zone
-Advance Detection Zone
City of Palm Springs • TRED96011.2020
,--
Approach speeds will be based on
the 85th percentile from the Speed
Survey conducted by the City.
~Install Advance Dilemma Zone Detection
equipment on existing luminaries or
'.fJ' existing traffic signal mast arms.
1·r:.1i1 M• --r-35
40
45
-' 50
55
Distance from intersection for 90%
and 10% probabilities of stopping
90% values in ft
254
284
327
353
10% values in ft
386 ~r-
102
122
152
172
234
Install Advanced
Dilemma Zone
Detection System
and associated
equipment in existing
traffic signal cabinet.
Source: Table of Dilemma Zone Boundaries. Reprinted from Traffic Control
Systems Handbook: Chapter 6. Detectors, by U.S. Department of Transpor-
tation Federal Highway Administration Offlce of Operations, rebieved from
https://ops.fhwadotgov
The table above from the Federal
Highway Administration defines
dilemma zone boundaries fo r
High-Speed approaches. For a
45 MPH approach speed, the
downstream and upstream
boundaries are 152ft and 327ft
respectively.
Approach speeds will be based on
the 85th percentile from the Speed
Survey conducted by the City.
Approach speeds will be based on 1
the 85th percentile from the Speed
Survey conducted by the City.
-._!IE osq
Detection in advance of the
dilemma zone can extend green
times to ensure the yellow change
interval does not begin with a
vehicle in the dilemma zone. The
dilemma and advanced detection
zone limits are dependent of
vehicle approach speeds and are
further upstream of the stop-line
at higher speeds.
Various Detection Systems are available for ~--.. /,, ._ ... " ~ , .,
implementation. A Video/Radar Processor
based system can monitor multiple lanes
and provide multiple detection zones.
Kimley >>>Horn -~-
95
PROJECT RECOMMENDATIONS TABLE: Tahquitz Canyon Way and Calle Encilia
Existing Conditions
"-Cl)
E
0
(.)
• 35 MPH posted speed limit for WB
Tahquitz Canyon Way
• WB Bike Route
• Storm Drain System
• Non-ADA compliant curb ramp
-• Fire Hydrant j • Existing 1 A pole and pull box
.c within ramp wing
'5 Existing Type 17-2-100 pole with:
z • Pedestrian push-button
• 200 Watt HPS Safety Light
........................................
• 35 MPH posted speed limit for NB
Calle Encilia
• Storm Drain System
1n • Non-ADA compliant curb ramp
~ • NB Bike Lane
.c t: Existing Type 17-3-100 pole with:
:i • 200 Watt HPS Safety Light
• All 12-inch traffic signal heads
• 35 MPH posted speed limit for EB
Tahquitz Canyon Way
• Non-ADA compliant curb ramp i • Existing pull boxes within ramp wings
3:: • EB Bike Route
.c • Traffic Signal Controller Cabinet with J loop detection for all approaches
U)
Existing Type 17-2-100 pole with:
• Pedestrian push-button
• 30 MPH posted speed limit for SB
Calle Encilia
1n • Storm Drain System I • Non-ADA compliant curb ramp
.c • SB Bike Lane
] Existing Type 17-3-
100 pole with:
• 200 Watt HPS Safety Light
• All 12-inch traffic signal heads
City of Palm Springs • TRED96071.2020
• All 12-inch traffic signal heads
• Pedestrian signal head
• Reflectorized Street Name
Sign(RSNS)
• WB Emergency Vehicle
Preemption (EVP)
Existing 1A pole with:
• No pedestrian push-button
• Pedestrian signal head
• All 12-inch traffic signal heads
• No pedestrian push button
• Pedestrian signal head
• Reflectorized Street Name
Sign (RSNS)
Existing 1A pole with:
• Pedestrian push-button
• Pedestrian signal head
• All 12-inch traffic signal heads
• 200 Watt HPS Safety Light
• All 12-inch traffic signal heads
• Pedestrian signal head
• Reflectorized Street Name
Sign (RSNS)
Existing 1A pole with:
• No pedestrian push-button
• Pedestrian signal head
• All 12-inch traffic signal heads
• No pedestrian push-button
• Pedestrian signal head
• Reflectorized Street Name
Sign (RSNS)
Existing 1A pole with:
• Pedestrian push-button
• Pedestrian signal head
• All 12-inch traffic signal
heads
Potential Modification and Challenges
• Install ADA compliant pedestrian push-buttons
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal heads
• Upgrade corner to ADA compliant curb ramp
• Install new traffic signal pole with 45' mast
arm on new foundation
• Replace existing 3-section signal head with
new 3-section protected left-tum arrow signal
head on existing 1 A pole
• Install 3-section protected left-tum arrow
signal head on end of new mast arm
• Maintain existing 1 A traffic signal pole . ................................................ .
• Install ADA compliant pedestrian push-buttons
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal heads
• Upgrade comer to ADA compliant curb ramp
• Install new traffic signal pole with 35' mast arm on
new foundation
• Replace existing 3-section signal head with new
3-section protected left-tum arrow signal head on
existing 1 A pole
• Install 3-section protected left-tum arrow signal
head on end of new mast arm
·································
• Install ADA compliant pedestrian push-buttons
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal heads
• Upgrade corner to ADA compliant curb ramp
• Install new traffic signal pole with 45' mast
arm on new foundation
• Replace existing 3-section signal head with
new 3-section protected left-tum arrow signal
head on existing 1 A pole
• Install 3-section protected left-tum arrow
signal head on end of new mast arm
·······················································
• Install ADA compliant pedestrian push-buttons
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal heads
• Install new traffic signal pole with 35' mast arm on
new foundation
• Replace existing 3-section signal head with new
3-section protected left-tum arrow signal head on
existing 1 A pole
• Install 3-section protected left-tum arrow signal
head on end of new mast arm
• Install advanced dilemma-zone detection equipment for WB traffic on new
traffic signal mast arm or luminaire
• Install LED Street Name Sign (LSNS)
• Inadequate space for . ~r:-. _ . • -Q;!, , ,
new ADA compliant
curb ramp installation
while maintaining 1 A
pole location
1;~
• Maintain existing 1 A traffic signal pole
• Install advanced dilemma-zone detection
equipment for NB traffic on new traffic
signal mast arm or luminaire
• Install LED Street Name Sign (LSNS)
• Inadequate space for new ADA com pliant
curb ramp installation while main taining
1 A pole location
• Maintain existing 1A traffic signal pole
• Install advanced dilemma-zone detection equipment for EB traffic on new traffic
signal mast arm or luminaire 1 -rn:;:, :.
• Install advanced dilemma-zone
detection equipment in existing
controller cabinet
• Install LED Street Name Sign (LSNS)
• Upgrade existing controller to
lntelight controller and update
existing signal timing plan
• Maintain existing 1 A traffic signal pole
• Install advanced dilemma-zone
detection equipment for SB traffic
on new traffic signal mast arm or
luminaire
• Install LED Street Name Sign (LSNS)
• Inadequate space for new ADA
compliant curb ramp installation
while maintaining 1 A pole location
Kimley >>>Horn MiW
96
PROJECT RECOMMENDATIONS TABLE: East Palm Canyon and Araby Drive
Existing Conditions ...
C1)
E
8
1n
~
.c
t:
0 z
• 50 MPH posted speed limit for WB Palm
Canyon Drive
• Non-ADA compliant curb ramp
Existing Type 26 pole with:
• Non-ADA compliant pedestrian push button
• 200 Watt HPS Safety Light
• All 12-inch traffic signal heads
• Pedestrian signal heads
• Illuminated Street Name Sign (ISNS)
• Emergency Vehicle Preemptions (EVPs)
• 45 MPH posted speed limit for NB Araby Drive • Illuminated Street Name Sign (ISNS)
• Non-ADA compliant curb ramp • Emergency Vehicle Preemptions (EVPs) J : • NB Bike Lane • Wireless Radio Antennas
I.LI
€
0 z
Existing Type 26 pole with:
• Non-ADA compliant pedestrian push-button
• 200 Watt HPS Safety Light
• All 12-inch traffic signal heads
• Pedestrian signal heads ·······················································
• 50 MPH posted speed limit for EB Palm
Canyon Drive
,;; • Traffic Signal Controller Cabinet with video
~ detection for all approaches
.c • Bus stop and shelter l Existing Type 26 pole with:
• Non-ADA compliant pedestrian push-button
• 200 Watt HPS Safety Light
• All 12-inch traffic signal heads
Existing 1A pole with:
• Non-ADA compliant pedestrian push-button
• Pedestrian signal head
• All 12-inch traffic signal heads
• Pedestrian signal heads
• Illuminated Street Name Sign (ISNS)
• Emergency Vehicle Preemptions (EVPs)
• Wireless Radio Antenna
Existing 1A pole with:
• Non-ADA compliant pedestrian push-button
• Pedestrian signal head
• All 12-inch traffic signal heads
............................................................................................................
• 45 MPH posted speed limit for NB Araby Drive • Pedestrian signal heads
,;; • Storm Drain System • Illuminated Street Name Sign (ISNS)
j • SB Bike Route Existing 1A pole with:
j Existing Type 19 pole with: • Non-ADA compliant pedestrian push-button
~ • Non-ADA compliant pedestrian push-button • Pedestrian signal head
• 200 Watt HPS Safety Light • All 12-inch traffic signal heads
• All 12-inch traffic signal heads
City of Palm Springs • TRE096011.2020
Potential Modification and Challenges
• Install ADA compliant pedestrian push-buttons
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal heads
• Upgrade corner to ADA compliant curb ramp
• Install ADA compliant pedestrian push-buttons
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal heads
• Upgrade comer to ADA compliant curb ramp
• Install advanced dilemma-zone detection
equipment for SB traffic on existing traffic signal
mast arm or luminaire
• Install ADA compliant pedestrian push-buttons
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal heads
• Upgrade corner to ADA compliant curb ramp
• Install advanced dilemma-zone detection
equipment for EB traffic on existing traffic
signal mast arm or luminaire
• Install ADA compliant pedestrian push-buttons
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal heads
• Install advanced dilemma-zone detection
equipment for NB traffic on existing traffic signal
mast arm or luminaire
• Install advanced dilemma-zone detection
equipment for WB traffic on existing traffic
signal mast arm or luminaire
• 50 MPH approach speed requires a dilemma-
zone detection area 353ft set-back from stop line.
• 45 MPH approach speed requires a dilemma-
zone detection area 327ft set-back from stop
line . Potential line of sight issue due to bend
in road .
• Install advanced dilemma-zone detection
equipment in existing controller cabinet
• Upgrade existing controller to 2070 ATC
lntelight controller
• 50 MPH approach speed requires a
dilemma-zone detection area 353ft set-back
from stop line
• 45 MPH approach speed requires a dilemma-
zone detection area 327ft set-back from
stop line
Kimley >>>Horn MfM
97
PROJECT RECOMMENDATIONS TABLE: Ramon Road and Avenida Caballeros
Existing Conditions ... a.,
E
8
• 45 MPH posted speed limit for WB
Ramon Road
• Non-ADA compliant curb ramp
• Fire Hydrant
_ • Traffic Signal Controller Cabinet with
fG loop detection for SB approach
~ Existing Type 19 pole with:
l; • No pedestrian push-button
z • HPS Safety Light
• 35 MPH posted speed limit for NB
1n Avenida Caballeros
~ • NB Bike Lane € • Existing Type 15TS pole with:
O • HPS Safety Light
z • ADA-compliant pedestrian push-button
• Pedestrian signal head
• All 12-inch traffic signal heads
• Pedestrian signal head
• Illuminated Street Name Sign (ISNS)
• Wireless Radio Antenna
Existing Pedestrian Push
Button Post with:
• ADA-compliant pedestrian push-button
• Bike push-button
Existing 1A pole with:
• Pedestrian push-button
• Pedestrian signal head
• All 12-inch traffic signal heads
• 45 MPH posted speed limit for EB Ramon Road
• No curb ramp, driveway only
Existing Type 19 pole with:
_ • Pedestrian push-button
fd • HPS Safety Light
~ • All 12-inch traffic signal heads
'S • Pedestrian signal head a • No Street Name Sign
Potential Modification and Challenges
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal head
• Upgrade corner to ADA compliant curb ramp
• Install advanced dilemma-zone detection equipment for WB traffic on existing traffic signal mast arm or luminaire
• Install advanced dilemma-zone detection equipment in existing controller cabinet
• Upgrade existing controller to lntelight controller
• Install ADA compliant pedestrian push-buttons
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal heads
• Upgrade corner to ADA compliant curb ram p
• Install protected left-tum arrow signal head on ex isti ng
1A pole
• Maintain existing 1A traffic signal pole
·························································
• Install ADA compliant pedestrian push-buttons
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal head
• Upgrade corner to ADA compliant curb ramp
• Install new traffic signal pole with 40' mast arm on
new foundation
• Install protected left-turn arrow signal head on new
mast arm
• Install advanced dilemma-zone detection equipment for EB
traffic on new traffic signal mast arm or luminaire Install
Illuminated Street Name Sign (ISNS)
• Installing ADA compliant curb ramp while maintaining
existing driveway ............................................................................................................................................................................................................................
• 35 MPH posted speed limit for SB Avenida Caballeros
• SB Bike Lane
1n Existing Type 19 pole with:
cu • No Safety Light
3: • All 12-inch traffic signal heads
j • No pedestrian push-button a • No pedestrian signal head
• Illuminated Street Name Sign (ISNS)
City of Palm Springs • TRED96011.2020
• Install striping for new crosswalk
• Install ADA compliant pedestrian push-buttons
• Install new countdown pedestrian signal heads
• Install advanced dilemma-zone detection equipment fo r SB
traffic on new traffic signal mast arm or luminaire
Kimley >>>Horn Mf :M
98
PROJECT RECOMMENDATIONS TABLE: Ramon Road and Compadre Road
Existing Conditions ...
Cl)
E
8
• 40 MPH posted speed limit with 25
MPH school zone for WB Ramon Road
• Non-ADA compliant curb ramp
• Traffic Signal Controller Cabinet with
video detection for all approaches
Existing Type 26 pole with:
1n : • No pedestrian push-button I \ • No Safety Light
.c
t::
0 z
Existing Jype 16 pole with:
• No pedestrian push-button
• No Safety Light li • All 12-inch traffic signal heads
1.1.1 • No pedestrian signal heads
@ • Illuminated Street Name Sign (ISNS)
j • Emergency Vehicle Preemption (EVP)
• 40 MPH posted speed limit with 25
MPH school zone for EB Ramon Road
1n • Fire Hydrate
('IS
1.1.1 Existing Type 26 pole with: :g • No pedestrian push-button
~ • 200 Watt HPS Safety Light
• All 12-inch traffic signal heads
Existing Type 19 pole with: i • Non-ADA compliant pedestrian push-
;: button
.c • 200 Watt HPS Safety Light
] • All 12-inch traffic signal heads
• Pedestrian signal heads
• Illuminated Street Name Sign (ISNS)
City of Palm Springs • TRED96011.2020
• All 12-inch traffic signal
heads
• Pedestrian signal head
• Illuminated Street Name
Sign (ISNS)
• Emergency Vehicle
Preemption (EVP)
• Wireless Radio Antenna
• Existing pedestrian push-
button post with pedestrian
push-button
• Pedestrian signal heads
• Illuminated Street Name
Sign (ISNS)
Existing 1A pole with:
• Non-ADA compliant
pedestrian push-button
• All 12-inch traffic signal
heads
...............................
Existing 1A pole with:
• Non-ADA compliant
pedestrian push-button
• Pedestrian signal head
• All 12-inch traffic signal
heads
Potential Modification and Challenges
Install ADA compliant pedestrian push-buttons
• Install new countdown pedestrian signal heads
• Upgrade corner to ADA compliant curb ramp
• Install protected left-tum arrow signal heads on existing Type
26 pole
• Install advanced dilemma-zone detection equipment for WB
traffic on existing traffic signal mast arm
• Install advanced dilemma-zone detection equipment in existing
controller cabinet
• Upgrade existing controller to lntelight controller
• 40 MPH approach speed
requires a dilemma-zone detection area 284ft set-back from
stop line.
• Overhead power conductors along Northside of Ramon Road . ..........................................................................
• Install advanced dilemma-zone detection equipment for NB
traffic on existing traffic signal mast arm
• Install protected left-tum arrow signal heads on existing Type
16 pole
, • Overhead power conductors along
Northside of Ramon Road.
• Field survey overhead power conductor locations and heights
to determine conflict when installing new equipment
• Install ADA compliant pedestrian push-buttons
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal head
• Install protected left-tum arrow signal heads on existing Type
26 pole
• Install advanced dilemma-zone detection equipment for EB
traffic on existing traffic signal mast arm or lumlnaire
• 40 MPH approach speed requires a dilemma-zone detection
area 284ft set-back from stop line
······································································
• Install ADA compliant pedestrian push-buttons
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal heads
• Field survey overhead power conductor locations
and heights to determine conflict when installing new equi,:___
I
• Install advanced dilemma-zone detec ti on equ ipme nt for
SB traffic on existing traffic signal mast arm or lumi nalre
• Install protected left-tum arrow signal head on existing
Type 1A pol e
Kimley >>>Horn MEN
99
PROJECT RECOMMENDATIONS TABLE: Farrell Drive and Via Escue/a
Existing Conditions ...
Cl)
E
8
• 25 MPH posted speed limit for WB Via Escuela
• WB Shared Bike Lane
• Storm Drain System
Existing Type 19 pole with:
1n • Non-ADA compliant pedestrian push button i • 200 Watt HPS Safety Light
€ • All 12-inch traffic signal heads
o • Pedestrian signal head z
• 45 MPH posted speed limit for NB Farrell Drive
• Storm Drain System
1n • Traffic Signal Controller Cabinet with loop
ca detectors for all approaches
~ • Non-ADA compliant curb ramp
'5 Existing Type 26 pole with:
z • Non-ADA compliant pedestrian push-button
• 200 Watt HPS Safety Light
• 25 MPH posted speed limit for EB Via Escuela
_ • EB Shared Bike Lane
I • Non-ADA compliant curb ramp w
.c Existing Type 19 pale with: I • Non-ADA compliant pedestrian push-button
en • 200 Watt HPS Safety Light
• All 12-inch traffic signal heads
....................................................
• 45 MPH posted speed limit for SB Farrell Drive
1n • Fire Hydrant
I Existing Type 26 pole with:
~ • Non-ADA compliant pedestrian push-button
0 • 200 Watt HPS Safety Light
en • All 12-inch traffic signal heads
• Pedestrian signal head
City of Palm Springs • TRED96011.2020
• Illuminated Street Name Sign (ISNS)
• Emergency Vehicle Preemption (EVP)
• Wireless Radio Antenna
Existing 1A pale with:
• Non-ADA compliant pedestrian push button
• Pedestrian signal head
• All 12-inch traffic signal heads
• All 12-inch traffic signal heads
• Pedestrian signal head
• Illuminated Street Name Sign (ISNS)
• Emergency Vehicle Preemption (EVP)
Existing 1A pale with:
• Non-ADA compliant pedestrian push-button
• Pedestrian signal head
• All 12-inch traffic signal heads
• Pedestrian signal head
• Illuminated Street Name Sign (ISNS)
• Emergency Vehicle Preemption (EVP)
Existing 1A pale with:
• Non-ADA compliant pedestrian push-button
• Pedestrian signal head
• All 12-inch traffic signal heads
·················································
• Illuminated Street Name Sign (ISNS)
• Emergency Vehicle Preemption (EVP)
Existing 1A pale with:
• Non-ADA compliant pedestrian push-button
• Pedestrian signal head
• All 12-inch traffic signal heads
Potential Modification and Challenges
• Install ADA compliant pedestrian push-buttons
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal heads
• Install protected left-tum arrow signal heads
on existing Type 1 A pole
• Install ADA compliant pedestrian push-buttons
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal heads
• Upgrade comer to ADA compliant curb ramp
• Install protected left-tum arrow signal heads
on existing Type 26 pole
• Install advanced dilemma-zone de tection
equipment for NB traffic on existi ng traffi c
signal mast arm or luminaire
• Install ADA compliant pedestrian push-buttons
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal head
• Upgrade comer to ADA compliant curb ramp
• Install ADA compliant pedestrian push-buttons
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal heads
• Install protected left-tum arrow signal heads
on existing Type 26 pole
Install advanced dilemma-zone detection
equipment for WB traffic on existing traffic
signal mast arm or luminaire
• Install advanced dilemma-zone detection
equipment in existing controller cab inet
• Upgrade existing controller to lntelight
controller
• 45 MPH approach speed requires a dilemma-
zone detection area 32 7ft set-back from
stop line
• Install protected left-turn arrow signal heads
on existing Type 1 A pole
• Install advanced dilemma-zone detection
equipment for EB traffic on existing traffic
signal mast arm or luminaire
• Install advanced dilemma-zone detecti on
equipmen t for SB traffic on existi ng traffic
sign al mast arm or lu mi naire
• 45 MPH approach speed requires a dilemma-
zone detection area 327ft set-back from
stop line
Kimley >>>Horn M11M
100
PROJECT RECOMMENDATIONS TABLE: Sunrise Way and Tachevah Drive
Existing Conditions
• 45 MPH posted speed limit for
WB Tachevah Drive
• Storm Drain System
• WB Bike Route
• No curb ramp J Existing Type 24 pole with:
.s:; • 200 Watt HPS Safety Light
~ • All 12-inch traffic signal heads
z • Pedestrian signal head
• 45 MPH posted speed limit for NB
Sunrise Way
• Traffic Signal Controller Cabinet
with loop detectors for all J approaches
L1J • Non-ADA compliant curb ramp
€ c Existing Type 26 pole with:
z • Non-ADA compliant pedestrian
push-button
• 200 Watt HPS Safety Light
• All 12-inch traffic signal heads
• 45 MPH posted speed limit for EB
Tachevah Drive
1n • Non-ADA compliant curb ramp
~ Existing Type 24 pole with:
.c • Non-ADA compliant pedestrian
'5 push-button a • 200 Watt HPS Safety Light
• All 12-inch traffic signal heads
• 45 MPH posted speed limit for SB
Sunrise Way
• No curb ramp i • Fire Hydrant
== Existing Type 26 pole with:
j • 200 Watt HPS Safety Light a • All 12-inch traffic signal heads
• Pedestrian signal head
City of Palm Springs • TRED96011.2020
• Illuminated Street Name Sign (ISNS)
• Emergency Vehicle Preemption (EVP)
Existing 1A pole wittl:
• Pedestrian signal head
• All 12-inch traffic signal heads
• Existing pedestrian push-button
posts with non-ADA compliant
pedestrian push-buttons
• Pedestrian signal head
• Illuminated Street Name Sign (ISNS)
• Emergency Vehicle Preemption (EVP)
• Wireless Radio Antenna
Existing 1A pole wittl:
• Non-ADA compliant pedestrian
push-button
• Pedestrian signal head
• All 12-inch traffic signal heads
• Pedestrian signal head
• Illuminated Street Name Sign (ISNS)
• Emergency Vehicle Preemption (EVP)
Existing 1A pole wittl:
• Non-ADA compliant pedestrian
push-button
• Pedestrian signal head
• All 12-inch traffic signal heads
• Illuminated Street Name Sign (ISNS)
• Emergency Vehicle Preemption (EVP)
Existing 1A pole wlttl:
• Pedestrian signal head
• All 12-inch traffic signal heads
• Existing pedestrian push button
posts with non-ADA compliant
pedestrian push-buttons
Potential Modification and Challenges
• Install ADA compliant pedestrian push-buttons
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal heads
• Upgrade corner to ADA compliant curb ramp
• Replace existing 5-section signal head with new 3-section
protected left-turn arrow signal head on existing 1A pole
• Install 3-section protected left-turn arrow signal head on end of
existing mast arm and remove existing R10-12 sign
• Install advanced dilemma-zone detection equipment for WB
traffic on existing traffic signal mast arm or luminaire
• Install ADA compliant pedestrian push-buttons
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal heads
• Upgrade corner to ADA compliant curb ramp
• Replace existing 3-section signal head with new 3-section
protected left-turn arrow signal head on existing 1A pole
• Install 3-section protected left-turn arrow signal head on end of
existing mast arm, replace existing 5-section signal head with
new 3-section signal head, and remove existing
R10-12 sign
• Install advanced dilemma-zone detection equipment for NB traffic
on existing traffic signal mast arm or luminaire
• Install ADA compliant pedestrian push-buttons
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal head
• Upgrade corner to ADA compliant curb ramp
• Replace existing 5-section signal head with new 3-section
protected left-tum arrow signal head on existing 1 A pole
• Install 3-section protected left-tum arrow signal head on end of
existing mast arm and remove existing R10-12 sign
• Install advanced dilemma-zone detection equipment for EB traffic
on existing traffic signal mast arm or luminaire
• Install ADA compliant pedestrian push-buttons
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal heads
• Upgrade corner to ADA compliant curb ramp
• Replace existing 3-section signal head with new 3-section
protected left-tum arrow signal head on existing 1A pole
• Install 3-section protected left-tum arrow signal head on end of
existing mast arm, replace existing 5-section signaJ head with
new 3-section signal head, and remove existing R10-12 sign
• Install advanced dilemma-zone detection equipment for SB traffic
on existing traffic signal mast arm or luminaire
• Inadequate space for new ADA compliant curb
ramp installation while maintaining existing utilities
• Install advanced dilemma-zone detection
equipment in existing controller cabinet
• Upgrade existing controller to lntellght controller
and update existing signal timing plan
Kimley >>>Horn MJN
101
PROJECT RECOMMENDATIONS TABLE: Farrell Drive and Alejo Road
Existing Conditions Potential Modification and Challenges
a..
Cl)
E
8
• 35 MPH posted speed limit for
WB Alejo Road
• Storm Drain System
• WB Shared Bike Lane
• Non-ADA compliant curb ramp
1n Existing Type 19 pole with:
~ • Non-ADA compliant pedestrian
.c push-button
t= • No Safety Light I • All 12-inch traffic signal heads
• Pedestrian signal head
• Reflectorized Street Name Sign
(RSNS)
• Emergency Vehicle Preemption
(EVP)
Existing 1A pole with:
• Non-ADA compliant pedestrian
push-button
• Pedestrian signal head
• All 12-inch traffic signal heads
• Install ADA compliant pedestrian push-buttons
• Install new countdown pedestrian signal heads
• Install new traffic signal pole with 35' mast arm with luminaire on new foundation
• Replace existing 5-section signal head with new 3-section protected left-tum arrow
signal head on existing 1 A pole
• Maintain existing 1 A traffic signal pole
• Install 3-section protected left-tum arrow signal head on end of new mast arm
• Install advanced dilemma-zone detection equipment for WB traffic on new traffic
signal mast arm or luminaire
• Install LED Street Name Sign (LSNS)
• Overhead power conductors along Northside of Alejo Road
• Field survey overhead power conductor locations and heights to determine conflict
with new signal pole and mast arm location
...... =. ~-. 45 .MPH j;~~t~d· ~j;~~d ii~·it t~r· ... ~-. A1i 1ii~~h t~~tti~-~ig~~i i,~~d;.. . ~-. i~~~i1 ·AoA· ~~~pii~-~t j;~d~;tri~~-P~~i,~b~tt~~~.
NB Farrell Drive • Pedestrian signal head • Upgrade existing HPS Safety Light to LED
• Traffic Signal Controller • Reflectorized Street Name Sign • Install new countdown pedestrian signal heads
_ Cabinet with loop detectors for (RSNS) • Upgrade comer to ADA compliant curb ramp J all approaches • Emergency Vehicle Preemptions • Replace existing 3-section signal head with new 3-section protected left-tum arrow
.c • Storm Drain System (EVPs) signal head on existing 1A pole "5 • Non-ADA compliant curb ramp Existing 1A pole with· • Install 3-section protected left-tum arrow signal head on end of existing mast arm,
z Existing Type 26 pole with: • Non-ADA compliant pedestrian re~l~ce existing 5:section signal head with new 3-section signal head, and remove
• Non-ADA compliant pedestrian push-button exiSTing R10-12 si_gn . . . . .
push-button • Pedestrian signal head • l~stall advanced d1lem~a-~one detection equipment for NB traffic on existing traffic
• 200 Watt HPS Safety Light • All 12-inch traffic signal heads signal maSt arm 0~ luminaire . . . . . . • Install advanced dilemma-zone detection equipment in exIstIng controller cabinet
• 35 MPH posted speed limit for
EB Alejo Road
• EB Shared Bike Lane
1n • Non-ADA compliant curb ramp
~ Existing Type 19 pole with:
'5 • Non-ADA compliant pedestrian
i push-button and location
• 200 Watt HPS Safety Light
• All 12-inch traffic signal heads
• 45 MPH posted speed limit for
SB Farrell Drive u • Non-ADA compliant curb ramp
~ Existing Type 26 pole with:
5 • Non-ADA compliant pedestrian
0 push-button and location
u, : • 200 Watt HPS Safety Light
• All 12-inch traffic signal heads
City of Palm Springs • TRED96011.2020
• Pedestrian signal head
• Reflectorized Street Name Sign
(RSNS)
• Emergency Vehicle Preemptions
(EVPs)
Existing 1A pole with:
• Non-ADA compliant pedestrian
push-button and location
• Pedestrian signal head
• All 12-inch traffic signal heads
• Pedestrian signal head
• No Street Name Sign
Existing 1A pole with:
• Non-ADA compliant pedestrian
push-button and location
• Pedestrian signal head
• All 12-inch traffic signal heads
• Install ADA compliant pedestrian push-button on new post within 5ft of crosswalk
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal heads
• Upgrade comer to ADA compliant curb ramp
• Install new traffic signal pole with 35' mast arm with luminaire on new foundation
• Replace existing 5-section signal head with new 3-section protected left-tum arrow
signal head on existing 1 A pole
• Maintain existing 1 A traffic signal pole
• Install 3-section protected left-tum arrow signal head on end of new mast arm
• Install advanced dilemma-zone detection equipment for EB traffic on new traffic
signal mast arm or luminaire
••••••••••••••••••••••••••••••••••••••••• • ••••••••••••••••••••••••••••••••••••••••••••••••••
• Install ADA compliant pedestrian push-buttons on news post within 5ft of crosswalk
• Upgrade existing HPS Safety Light to LED
• Install new countdown pedestrian signal heads
• Replace existing 3-section signal head with new 3-section protected left-tum arrow
signal head on existing 1 A pole
• Install 3-section protected left-tum arrow signal head on end of existi ng mast arm,
replace existing 5-section signal head with new 3-section signal head, and remove
existing R10-12 sign
• Install advanced dilemma-zone detection equipment for SB traffic on existing traffic
signal mast arm or luminaire
• Determine minimum clearance distance
between overhead power lines and
luminaire arm
• Adequate existing space for new pole
while maintaining existing locations
• Install LED Street Name Sign (LSNS)
• Upgrade existing controller to lntelight
controller and update existing signal
ti ming plan
• Install LED Street Name Sign (LSNS)
• Adequate existing space for new pole
while maintaining existing locations
-----------
• Install LED Street Name Sign (LSNS)
• Trim vegetation around_ exi~ting 1A pol~
Kimley >>>Horn WfW
102
PROJECT RECOMMENDATIONS TABLE: Indian Canyon Drive and 20th Avenue
Existing Conditions Potential Modification and Challenges
~
8
• Speed limit not posted along WB
20th Avenue
• Traffic Signal Controller Cabinet with
video detection for all approaches
• ADA compliant curb ramp
Existing Type 24 pole with:
1n • Non-ADA compliant pedestrian
cu push-button
3: • 200 Watt HPS Safety Light
€ • All 12-inch traffic signal heads
0 z
• 35 MPH posted speed limit for NB
Canyon Drive J • ADA compliant curb ramp
w
z: Existing Type 26 pole with: i • Non-ADA compliant pedestrian
z push-button
• 200 Watt HPS Safety Light
• Speed limit not posted along EB
-; 20th Avenue ! • No crosswalk and curb ramp
=s Existing Type 26 pole with:
o • 200 Watt HPS Safety Light
en · • All 12-inch traffic signal heads
• 35 MPH posted speed limit for SB
1n Canyon Drive al • ADA compliant curb ramp
z: Existing Type 26 pole with: J • 200 Watt HPS Safety Light
• All 12-inch traffic slgnal heads
• Pedestrian signal head
City of Palm Springs • TRED9607 7 .2020
• Pedestrian signal head
• LED Street Name Sign (LSNS)
• Emergency Vehicle Preemption (EVP)
Existing 1 A pole with:
• Non-ADA compliant pedestrian
push-button
• Pedestrian signal head
• All 12-inch traffic signal heads
• All 12-inch traffic signal heads
• LED Street Name Sign (LSNS)
• Emergency Vehicle Preemption (EVP)
Existing 1A pole with:
• Pedestrian signal head
• All 12-inch traffic signal heads
• LED Street Name Sign (LSNS)
• Emergency Vehicle Preemption (EVP)
Existing 1 A pole with:
• All 12-lnch traffic slgnal heads
• Damaged traffic signal backplate
and visor head
• LED Street Name Sign (LSNS)
• Emergency Vehicle Preemption (EVP)
• Damaged traffic signal backplate
Existing 1A pole with:
• Non-ADA compliant pedestrian
push-button
• All 12-inch traffic signal heads
• Install ADA compliant pedestrian push-buttons
• Install new countdown pedestrian signal heads
• Upgrade existing HPS Safety Light to LED
• Install advanced dilemma-zone detection equipment for WB traffic on
existing traffic signal mast arm or luminaire
• Install advanced dilemma-zone detection equipment in existing
controller cabinet
• Upgrade existing controller to lntelight controller and update existing signal
timing plan
• Install Wireless Communication System with Radio Antenna and associated
cabinet equipment to establish a new link with the existing Traffic
Management Center network
• Potential line of sight issue with advanced dilemma-zone detection
equipment due to bend in road for WB approach
• Replace damaged traffic signal back plate ......................................................................................................
• Install ADA compliant pedestrian push-button
• Install new countdown pedestrian signal head
• Upgrade existing HPS Safety Light to LED
• Install advanced dilemma-zone detection equipment for NB traffic on
existing traffic signal mast arm or luminaire
• Upgrade existing HPS Safety Light to LED
• Install advanced dilemma-zone detection equipment for EB traffic on
existing traffic signal mast arm or luminaire
• Replace damaged traffic signal backplate and visor head
...................................................................................................................
• Install ADA compliant pedestrian push-button
• Install new countdown pedestrian signal head
• Upgrade existing HPS Safety Light to LED
• Install advanced dilemma-zone detection equipment for SB traffic on
existing traffic signal mast arm or luminaire
• Replace damaged traffic signal back plate
Kimley >>>Horn WIN
103
PROJECT RECOMMENDATIONS TABLE: Sunrise Way and Alejo Road
Existing Conditions Potential Modification and Challenges -Cl)
E
8
• 40 MPH posted speed limit for WB Alejo
Road
• Traffic Signal Controller Cabinet with
video detection for all approaches
• ADA compliant curb ramp
• Storm Drain System
1n • Fire Hydrant I • WB Bike Lane
@ Existing Jype 19 pole with:
I • Non-ADA compliant pedestrian push-
button
• 45 MPH posted speed limit for NB
Sunrise Way
• ADA compliant curb ramp
1n • NB Bike Route
~ Existing Type 24 pole with:
@ • Non-ADA compliant pedestrian push-
I button
• 200 Watt HPS Safety Light
• All 12-lnch traffic signal heads
• 45 MPH posted speed limit for EB
Alejo Road
_ • ADA compliant curb ramp
IQ • EB Bike Lane
LI.I
.c Existing Jype 19 pole with: 1 • Non-ADA compliant pedestrian push-
c,:, button
• 200 Watt HPS Safety Light
• All 12-lnch traffic signal heads
• 40 MPH posted speed limit for SB Sunrise
Way
_ • ADA compliant curb ramp
rB • Existing Type 26 pole with: ~ • Non-ADA compliant pedestrian push-
'$ button a • 200 Watt HPS Safety Light
• All 12-inch traffic signal heads
• Pedestrian signal head
City of Palm Springs • TRED96011.2020
• No Safety Light
• All 12-inch traffic signal heads
• Pedestrian signal head
• LED Street Name Sign (LSNS)
• Emergency Vehicle Preemption (EVP)
• Wireless Radio Antenna
Existing 1A pole with:
• Non-ADA compliant pedestrian
push-button
• Pedestrian signal head
• All 12-inch traffic signal heads
• Pedestrian signal head
• LED Street Name Sign (LSNS)
• Emergency Vehicle Preemption (EVP)
Existing 1A pole with:
• Non-ADA compliant pedestrian
push-button
• Pedestrian signal head
• All 12-inch traffic signal heads
• Pedestrian signal head
• LED Street Name Sign (LSNS)
• Emergency Vehicle Preemption (EVP)
Existing 1A pole with:
• Non-ADA compliant pedestrian
push-button
• Pedestrian signal head
• All 12-inch traffic signal heads
• LED Street Name Sign (LSNS)
• Emergency Vehicle Preemption (EVP)
• Wireless Radio Antenna
Existing 15TS pole with:
• Non-ADA compliant pedestrian
push-button
• Pedestrian signal head
• All 12-inch traffic signal heads
Install ADA compliant pedestrian push-buttons
• Install new countdown pedestrian signal heads
• Replace existing 5-section signal head with new 3-section
protected left-turn arrow signal head on existing 1A pole
• Install 3-section protected left-turn arrow signal head on end of
existing mast arm, replace existing 5-section signal head with
new 3-section signal head, and remove existing R10-12 sign
• Install advanced dilemma-zone detection equipment for WB
traffic on existing traffic signal mast arm
• Install advanced dilemma-zone detection equipment in existing
controller cabinet
• Upgrade existing controller to lntelight controller and update
existing signal timing plan
································
• Overhead power conductors along Northside of Alejo Road.
• Field survey overhead power conductor locations and heights to
determine conflict when installing new equipment
• Replace existing 5-section signal head with new 3-section
protected left-turn arrow signal head on existing 1A pole
• Install 3-section protected left-turn arrow signal head on end of
existing mast arm, replace existing 5-section signal head with
new 3-sectlon signal head, and remove existing R10-12 sign
• Install advanced dilemma-zone detection equipment for NB
traffic on existing traffic signal mast arm
• Install ADA compliant pedestrian push-buttons
• Install new countdown pedestrian signal heads
• Upgrade existing HPS Safety Light to LED
• Overhead power conductors along Northside
of Alejo Road.
• Field survey overhead power conductor
locations and heights to determine conflict
when installing new equipment
• Replace existing 5-section signal head with new 3-section protected left-turn arrow signal head on
existing 1 A pole
• Install 3-section protected left-turn arrow signal head on end of existing mast arm, replace existing 5-section
signal head with new 3-section signal head, and remove existing R10-12 sign
• Install advanced dilemma-zone detection equipment for EB traffic on existing traffic signal mast arm or luminaire
• Install ADA compliant pedestrian push-button
• Install new countdown pedestrian signal head
• Upgrade existing HPS Safety Light to LED
• Replace existing 5-section signal head with new 3-section
protected left-turn arrow signal head on existing 15TS pole
• Install 3-section protected left-turn arrow signal head on end of
existing mast arm, replace existing 5-section signal head with
new 3-section signal head, and remove existing R10-12 sign
• Install advanced
dilemma-zone detection
equipment for SB traffic
on existing traffic signal
mast arm or luminaire
• Opportunity to install
new bike push button
and pos t for EB Bike
Lane
~ ~.
BUTTON
FOR GREEN
LIGHT
Kimley >>>Horn WJM
104
··························· .. ···· ...................... , .............................. , ..... ~ .. , ...................................................................................................... . pcoco:;~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements 7. PROGRAM MANAGEMENT AND CONTROL SYSTEM ................................................................................................................. Project Management Approach Kimley-Horn's approach to starting a project includes many tasks: develop a comprehensive work plan and project scope including phased tasks; identify scheduling, manpower, and materials requirements; establish a schedule showing key project tasks, milestones, and regular progress meetings; customize the work plan according to client needs and project schedule and budget; and secure a commitment from the various quality reviewers needed for our quality control and assurance plan. By the nature of its requirements, Kimley-Horn's project management system produces deliverables that are common to nearly all projects: A Progress reports that highlight all task-related activities and also allow identification and resolution of problems or issues before they affect schedule and budget. A Regular and concise technical reports that summarize the findings of each specific task so that all project team members can continually evaluate the project's progress. A Reports and results of public meetings and workshops. A Ongoing electronic communications among all members of the project team, including email and (if desired) an internet home page to allow anyone in the project area or across the nation to keep up with the progress of the project and upcoming meetings and activities. A User-friendly invoices so you can stay up-to-date on all project management activities. A Timely meeting summaries and notes to document the progress of the project. The principals, associates, and technical directors at Kimley-Horn have formed successful and long-lasting relationships with each other because we believe in solid firm management as well as technical excellence. In addition to project work, each individual plays a role in maintaining the policies and practices that have helped us build an exceptionally experienced and stable professional staff, a strong project management system, and a close professional rapport with clients and public officials. Budget and Schedule Control We recognize that budget and schedule control are critical to the success of your program. Meeting your schedule for deliverables is not just a goal to us-it is a mandate. Kimley-Horn has a proven record of performing on time and within budget. The key to our success in this area is managing the right resources at the right time. We emphasize project management using bi-monthly effort reports that give our project managers up-to-date staffing and expense information related to their projects. This information enables them to continuously monitor the status of project cost, cost control effectiveness, and schedule, enabling us to efficiently and responsively serve our clients. We prefer to be paid by Electronic Fund Transfer on a monthly basis for services performed in the previous month and we agree City of Palm Springs • TRED9607 7.2020 to your terms specified in the RFP, to be paid no later than thirty (30) days after approval of the invoice by City staff, provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement. Quality Assurance Plan Quality projects don't happen by accident at Kimley-Horn. Our people have been firmly committed to top quality since the firm began 53 years ago, and ultimately our people are responsible for exceeding the client's expectations for quality. This aspect of our business is openly communicated and actively advocated within Kimley-Horn. Quality standards are a major subject of each person's orientation, annual review, and ongoing training program. QC/ QA means much more to us than a cursory quality control/quality assurance review. Along that line, we implemented a program years ago called Continuous Quality Improvement (CQI). The program is not just a general, sweeping effort to elicit more quality or a basic internal review by another person. Each person in the company endeavors to identify a formal CQI task each year; each person's task is to involve clients and identify improvements that will increase client benefit. We have solicited feedback from many types of clients in this fashion, including federal, regional, state, and local government agencies, private developers, other consultants, suppliers, vendors, etc. The feedback we receive helps us: improve the firm's overall service, bring our clients greater value and satisfaction, and achieve a higher level of success. Most importantly we learn about our clients and their preferences, industry standards, and about which methods are successful, and which are not. Our project managers make a habit of establishing a quality control plan as each project commences, keeping the focus where it should be throughout the project--on producing quality results for the client. When we meet, Kimley-Horn will be happy to discuss in more detail the different tools and techniques used to maintain our standard of excellent quality. Kimley-Horn's formal QC/QA program is based upon assigning experienced, senior professionals who are otherwise qualified to manage a particular project to serve in an independent quality control role. Our depth allows us to provide such personnel, and their involvement provides the project with a fresh perspective and critical eye. Our internal QC/QA program will include: A An internal kick-off meeting held with key team members assigned to the job to clearly define the scope, outline sub-task responsibilities, establish schedules, and identify project milestones and goals. A At the end of each phase, a QC/QA review will be conducted as one of several final checks to make sure that the project deliverable is not only technically correct, but also consistent with your objectives. Kimley>>>Horn M+W 105
PRoPo.;55~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements ..111111 Any changes or modifications required to respond to the comments and recommendations of the quality control team will be incorporated during the ongoing analysis prior to submitting deliverables. QC/QA Implementation: The QC/QA plan that Kimley-Horn and its team members will follow in the execution of services prepared under this on-call procurement is currently being utilized successfully on our current on-call contract and includes the following six key elements: ..111111 Structure: Each QC/QA plan includes a task order/project manager (responsible for the overall quality of the project), technical managers (engineers responsible for discipline design development), and a QC manager (responsible for verifying that the QC/QA plan is being implemented and followed) . ..111111 Procedures: Intra-disciplinary checking of documents will be performed by a competent individual within each discipline other than the designer. We have established a color-coded comment process that involves the following steps: an initial check (performed by the checker); a review of comments to ensure that suggested changes to the documents are given adequate consideration and the resolution is documented (performed by the designer); a review that ensures changes to the documents are completed in the original documents (performed by the designer); and finally, a review that ensures changes to the documents are completed accurately (performed by the checker) . ..111111 Inter-disciplinary reviews: Inter-disciplinary reviews and coordination are performed throughout the project and prior to key submittals, when senior staff from the various discipline groups are brought together to discuss and comments on the interaction of the overall project elements . ..111111 Quality Assurance Audit: The QC manager will be responsible for conducting a quality assurance audit after completion of the checking and review process and prior to the submittal of any document or deliverable . ..111111 Deliverables and Document Control: The task order/ project manager will manage the submission of design documents after the QC audit is complete and at milestone completion dates . ..111111 Corrective Action Measures: Corrective action measures will be taken if incorrect or nonconforming work is discovered in deliverable items that have already completed the QC/QA process. City of Palm Springs • mE096017.2020 ~ KIM LEY-HORN QUALITY CONTROL IS ® Jil!.i ACHIEVED Through adequate planning, coordination, supervision and technical direction @) CONTROLLED By assigning a manager to evaluate all work flow and procedures @ VERIFIED Through independent reviews by qualified staff @ SECURED Through careful surveillance of work activities by parties not involved in the initial efforts Kimley>>>Horn •1M 106
PRoP0ft~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements 8. SCOPE OF WORK Task A: General Our scope of services includes the following key tasks: ~ Project Management and Meetings ~ Field Work, Utility Coordination, Utility Potholing ~ Planning ~ Environmental Documentation ~ Conceptual Design ~ Plans, Specifications, and Estimate (PS&E) ~ Connect Traffic Signals to the Traffic Management Center ~ Signal Timing and Dilemma Zone Adjustment ~ Bidding Assistance ~ Local Assistance Procedure Manual (LAPM) Support ~ Construction Support A.1 -Project Management This task will consist of project coordination with team, administration, setting up and attendance at project meetings. Kimley-Horn's administration efforts include initial development and maintenance of project schedule, work plan, budget, and filing system and processing timely invoices/progress reports on a monthly basis. We will create and maintain a simplified critical path method schedule, updating it as-needed to manage the project, and as requested by the City. A.2 -Meetings Kimley-Horn assumes that it will attend up to four (4) in-person meetings with the City for the project kick-off, subsequent to the 90%, and 100% design reviews, and one City Council meeting. Kimley-Horn will coordinate with the City to develop meeting agendas for each meeting. After each meeting, Kimley-Horn will prepare and distribute minutes to document design decisions and action items that arise out of each meeting which will be distributed to each meeting attendee. A.3 -Schedule Kimley-Horn will develop the project schedule for design and construction and will provide this schedule to the City in both digital and hard copy. An updated schedule will be handed out during the PDT meetings. The project schedule shall be divided into tasks and subtasks in full detail including City function timeline, critical path, and other outside sources such as agencies or utilities. Some of the tasks shall be planning, environmental, design, relevant City Council meetings, Caltrans review, advertising, and construction. The schedule will indicate anticipated durations for project tasks. Task A Deliverables: ~ Monthly Progress Reports ~ Meeting Agendas ~ Electronic copy of meeting minutes ~ Schedule updates City of Palm Springs • TRED96011.2020 Task B: Phase I -Planning, Environmental, and Conceptual Design {35% Complete) 8. 1 -Preliminary Engineering Studies Kimley-Horn will develop general project design concepts and related activities needed to establish the parameters for final design, such as Geometrics, ADA Compliance, Traffic Operations, Electrical, and ITS Elements. 8.2 -Left-Turn Phasing Analysis ~ The Kimley-Horn team will utilize existing turning movement counts at the project intersections ~ Kimley-Horn shall prepare a level of service analysis with protected/permissive and protected left turn phases at the project intersections ~ Kimley-Horn will provide recommendations for the left turn phasing, base peak hours turning movement counts, collision history, speed limit, and lane configurations 8.3 -Research of Record Information Kimley-Hom shall provide engineering services related to the research and investigation of utility company and agency records to locate underground improvements, centerline, right-of-way and private property lines. The research will include utility maps and street improvement plans. Kimley-Hom will obtain copies of readily available City records from the City, including street plans, traffic signal plans, signing & striping plans, and other such records that the City knowingly has in its possession. 8.4 -Environmental The following environmental scope of work has been developed based on the following key assumptions: ~ CEQA compliance documentation will be a Categorical Exemption. ~ NEPA compliance documentation will be a Categorical Exclusion. ~ Supporting resource screening documents will be developed pursuant to both NEPA and CEQA guidelines as administered by Caltrans. ~ Per District 8 protocols, District staff will prepare the Categorical Exclusion Checklist and would also prepare the Categorical Exemption/Categorical Exclusion documents. Our work program will be initiated with the kick-off meeting/ discussion which will define the parameters of the analysis, scheduling and understanding of the project. The Kimley-Horn team will evaluate the necessary information with respect to the project. Project research will include coordination with appropriate City departments to acquire relevant readily available environmental data, previous studies for the area and other available files, exhibits, maps and reference documents. Environmental issues that may require further detailed study or that may delay or affect the viability of the project will be documented. Kimley>>>Horn WiM 107
,.. ..................................................................................................... . PRoPo/o~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements Preliminary Environmental Study (PES) A key factor in the projects' NEPA clearance will be consistency and compliance with Caltrans' Environmental Handbook which provides Caltrans' guidance for the development and processing of federal environmental documentation. The initial and most critical step involves the successful preparation of a Preliminary Environmental Study (PES) Form. A PES will be drafted for the project by the Kimley-Horn team as part of the scope of work. The PES identifies the necessary level of technical assessment required to support the environmental documentation for the project and generally summarizes specific environmental issues that may affect project approval, programming, scheduling, design considerations, and project costs. Environmental issues that may require further detailed study are documented in the PES for City/Caltrans concurrence prior to the initiation of the technical study work program. Kimley-Horn will draft the PES Form for City review with respect to the proposed project details. Upon completion of City review, the PES form will be submitted to Caltrans for review and approval. Kimley-Horn will be available for a site visit with Caltrans and the City to review the project sites and receive comments on the PES Form. The Caltrans approved PES form will act as the work scope for the required NEPA compliance documentation. Technical Study Work Program Based upon our preparation of environmental documentation for similar projects and a review of the project as presented in the RFP, Kimley-Horn anticipates that a PES Form with VIA Questionnaire is all that will be required for approval and no technical studies will be required. However, to satisfy the request for professional services described in the RFP, Kimley-Horn as scoped for the below listed technical studies. Should it be determined that technical studies are required, Kimley-Horn proposes to prepare those technical studies in conformance with NEPA, pertinent FHWA regulations, Caltrans' Environmental Handbook, and CEQA. Kimley-Horn will coordinate with Caltrans staff to formalize the specific content and format requirements for each study. The fees for the technical studies noted are based on the assumption that the technical studies, if any, will be relatively simple due to the limited physical footprint of the Project, and the labor estimate is commensurate with the budget noted. Alli The following technical resources would be addressed by Caltrans staff or Kimley-Horn, as identified below, or within the context of the environmental document which is anticipated to be a Categorical Exemption under CEQA and a Categorical Exclusion under NEPA. Alli Noise can be addressed by Kimley-Horn within the context of the environmental document for construction purposes and would not require a technical study. Alli Traffic impacts during construction can be addressed by Kimley-Horn within the context of the environmental document and would not require a technical study. Alli Water quality/resources and floodplains can be addressed by Kimley-Horn within the context of the environmental document for construction purposes because the project site is within FEMA Zone X and does not cross a water resource; therefore, a technical study would not be required. City of Palm Springs • mED96011.2020 The Kimley-Horn team has developed the following technical study work plan to satisfy the City and Caltrans environmental requirements. Hazardous Materials Initial Site Assessment Kimley-Horn will prepare a Phase I Initial Site Assessment (ISA) for the project. The ISA will be used to answer questions pertaining to hazardous materials on the PES form. The ISA will be prepared to support the CEQA and NEPA environmental documents for the proposed project. The ISA scope of services described in this task addresses the due diligence procedures and methodology presented in the American Society for Testing and Materials (ASTM) Standard Method E 1527-13, Standard Practice for Environmental Site Assessments and Chapter 18 of the California Department of Transportation (The Department) document titled Project Development Procedures Manual (1999). The Project Development Procedures Manual states that "every project that includes excavation, structure demolition or modification, or the purchase of new right-of-way, will require an ISA to determine if known or potential hazardous waste is present within the project limits". This scope assumes that the analysis will be performed at up to nine (9) intersections. The purpose of the ISA is to provide the following: Alli An identification of Recognized Environmental Conditions (RECs) Alli An opinion of the impacts on the property resulting from conditions identified during the investigation, by a qualified Environmental Professional (EP) Alli An opinion, by a qualified EP, on the need for additional investigations Alli A statement consistent with ASTM E 1527-13, 12.13, on the qualifications of the EP and the suitability of the ISA to meet the requirements of The All Appropriate Inquiry Rule, CFR 40 312. The assessments will reflect the general national standard of practice and the local customary practice as understood by the EP. The EP will use ASTM 1527-13 along with our judgment and experience when reviewing results of the assessment and in identifying findings and RECs. Based on our previous experience with other Caltrans District Local Assistance offices, an ISA is required to include the intersection locations (e.g. nine (9) intersections) in order to comply with the National Environmental Policy Act (NEPA) standards. However, the site reconnaissance and regulatory review will only include the intersections where ground disturbance is planned. Kimley-Horn's findings relative to potential hazardous waste facilities within and adjacent to the project boundaries will be summarized in the final ISA report. Kimley-Horn's scope of services for conducting the ISA consists of the tasks set forth below. The following tasks refer to only that information that is defined as reasonably ascertainable. Records Review This task will generally consist of an environmental database record search, aerial photograph review, and review of historical maps and sources. Kimley>>>Horn W+• 108
•••••••••••••••••••••••••••••••••••• ' ......... ., ••••••••••••••••••••••••••••• f ••• '. f ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• •• PRoP0?t~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements Site Reconnaissance Kimley-Horn will conduct a site reconnaissance at up to nine (9) sites at the subject property consistent with ASTM E 1527 -9. The Site Reconnaissance will be non-invasive. We will not collect or analyze any samples. We assume that we will be allowed appropriate access to areas of the site and that the site reconnaissance shall be conducted as a single event. Should an additional site reconnaissance be required due to access limitations, the additional site reconnaissance shall be considered additional services. Interviews Consistent with ASTM E 1527-13, Kimley-Horn will make a reasonable attempt to conduct interviews with current and past property owners, neighboring property owners in the case of abandoned properties, or local agency representatives with knowledge of the project area. ISA Report Preparation Kimley-Horn will prepare a summary report for the subject project. The report will be formatted consistent with Appendix X4 of ASTM E 1527-13. The report will include conclusions and recommendations based on the findings of the ISA. Community Impacts Assessment Kimley-Horn will prepare a Community Impacts Assessment in accordance with the guidance and procedures outlined in Volume 4: Community Impacts Assessment of Caltrans Standard Environmental Reference or SER. The purpose of the assessment is to provide information regarding social, economic, and land use effects of the project so that final transportation decisions will be made in the public interest. Kimley-Horn will utilize the most recent version of Caltrans' Community Impacts Assessment template. Topics which may be considered in the assessment include land use, growth, community character, traffic and transportation/pedestrian and bicycle facilities, and public involvement. The assessment will clearly describe the relevant existing conditions and the potential socioeconomic impacts of the project. Natural Environment Study -Minimal Impact Kimley-Horn retained Jericho Systems (Jericho) to prepare a Natural Environmental Study -Minimal Impact (NES-MI). Jericho is a Caltrans certified Disadvantaged Business Enterprise (DBE No. 43806). Because the project is located within the Coachella Valley Multiple Species Habitat Conservation Plan area (CVMSHCP), any CEQA compliance will also require compliance with the CVMSHCP. Biological Resource Assessment and Report Key tasks include: 1. Literature/Database Review. Jericho will review state and federal databases of sensitive species known to occur in the area, as well as the MSHCP. 2. Field Review. Jericho's biologists will conduct a pedestrian survey of all of the nine (9) locations, including a standard 200-foot buffer area, and review the project area for both common and sensitive wildlife and the MSHCP required species. Any trees that may be removed as part of the project will also be noted in the report. City of Palm Springs • TRED96017.2020 3. Jurisdictional Delineation (JD). While there does not appear to be any drainages that will be impacted by the work, Jericho's biologists will also review the plans and each site to ensure that there are no jurisdictional drainages that are being impacted. 4. CVMSCHP Compliance. Jericho will also review the project for CVMSHCP for compliance. It should be known that following the field survey, Jericho will communicate the findings to the City and/or Caltrans to determine the level of the report to be prepared. Per the LAPM, for projects with no impacts to biological resources, a concise "No Effect Memo" may be used in lieu of a Natural Environment Study or NES (Ml) for projects where (a) no effects are anticipated, (b) nothing more than simple avoidance and/or minimization measures are needed and (c) no permits requiring biological input are needed. A No Effect Memo is a streamlined technical document developed and adopted by a District using a Headquarters approved format pursuant to the July 22, 2010 Memo regarding "Guidance for District submittals for Alternative Natural Environment Study (Minimal Impact) (NES MO -No Effect." NES-MI Preparation Jericho will prepare a single NES-MI that will encompass all nine locations. The report format will be consistent with the latest Caltrans standards, the format of which includes: ~ Summary of Findings and Conclusions that includes the results of the impact analysis, findings of the supporting technical reports, and a summary of the general biological studies. The negative and positive impacts, as well as the agreed upon mitigation measures and permits that will be required are included in this section. ~ Brief, introductory, description of project purpose and need. ~ Summarized quantity of habitat impacted; permanent, temporary, direct, indirect and cumulative impacts. ~ Summarized quality of special status species impacted, permanent, temporary, direct, indirect and cumulative impacts. ~ Permits required. ~ Presence of invasive species. ~ Positive/Beneficial impacts. ~ Description of mitigation agreements. ~ The term 11significant" should not be used in biological technical documents. Impacts/effects should be described and quantified in the technical documents. The determination of significance will be addressed in the California Environmental Quality Act (CEQA) and/or National Environmental Policy Act (NEPA) document. ~ At the conclusion of the technical study, an abstract for the environmental document and a transmittal memo is prepared and submitted to the Environmental Planner/Generalist. • Transmittal memo will include: • Summary of technical study • Discussion of potentially significant impacts • Summary of mitigation measures Kimley>>>Horn W.PM 109
PAoPo:~·~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements Visual Impact Assessment Kimley-Horn will prepare the Visual Impact Assessment (VIA) questionnaire for the project, utilizing the latest version as provided by Caltrans. The VIA questionnaire will be used to assess potential impacts to the visual environment that can accompany roadway improvements. Air Quality Checklist Kimley-Horn will prepare the Caltrans Transportation Air Quality Conformity Findings Checklist for the project. The HSIP project involves intersection safety improvements and would be exempt from local conformity under 40 CFR 93.126. Additionally, the checklist will document whether the project is programmed within the SCAG RTP and TIP or document if the project is exempt from regional conformity. The checklist will identify that the project area is attainment-unclassified for carbon monoxide (CO) and a CO hotspot analysis is not required. Additionally, as the project is exempt from conformity under 40 CFR 93.126, this scope assumes that interagency consultation for particulate matter conformity would not be required. This scope assumed that no interagency consultation is required. Cultural Resources (HPSR, ASR and APE Map) Kimley-Horn retained ASM Affiliates (ASM) to provide Caltrans Cultural Resources Compliance Documentation. Historic Properties Survey Report (HPSR) ASM will prepare a short format HPSR following Caltrans requirements. The HPSR will follow Caltrans guidelines, specifically Exhibit 2.6 Historic Property Survey Report Format and Content Guide, prepared using the HPSR Narrative Format Template-both recently updated in February 2020. The purpose of this HPSR will be to document that there are no historic properties within the project area following the Caltrans standard HPSR format. ASM will conduct thorough records and document searches. No on-site survey of the project area will be conducted by ASM's architectural historians that prepare the HPSR. ASM's archaeologists will confirm the existence/location of known historic resources and take required photographs when they conduct their site visit for the ASR. ASM's Senior Archaeologist will then develop the HPSR short form report which will contain the required sections, including an undertaking description and location, APE, consulting parties, summary of identification efforts, properties identified, attached documentation, and findings. ASM's Senior Architectural Historian will contribute to the HPSR short form report in reviewing the records search and discussing any built environment properties; it is assumed no evaluation of built environment resources within the APE is required. ASM will provide two iterations of the HPSR short form to ensure the ability to respond to any comments on the first draft. Archaeological Survey Report (ASR) ASM will prepare an ASR for the proposed Project. All work conducted for this study will be provided in accordance with CEQA and Caltrans guidelines for Federal Highway Administration (FHWA) and Section 106 compliance. ASM will conduct a literature review, City of Palm Springs • TRED9607 7.2020 records search, intensive field survey, site mapping, and report preparation. The ASR will identify all potentially significant and National Register eligible historic and prehistoric archaeological properties within the project APE. A records search will be requested from the Eastern Information Center (EiC), and ASM will also request a search of the Sacred Lands File (SLF) by the Native American Heritage Commission (NAHC) to identify any areas of Native American heritage significance located within the study area. If requested, ASM will send out letters to the contacts provided by the NAHC. Given the nature of the project, it is anticipated that the ASR will be negative and involve completion of the appropriate forms summarizing the study location, background, methods, and results. All undeveloped areas of the project will be intensively surveyed by archaeologists who meet all professional requirements, including the Secretary of the Interior's Standards and Guidelines, those presented in Caltrans' Standard Environmental Reference Handbook (SER), Volume 2, Cultural Resources, and current Section 106 protocols. The archaeological survey will be conducted at 15-meter (m) transect intervals by a qualified archaeologist. Previously recorded sites within the APE will be visited and any existing site forms will be updated as appropriate. A draft and final ASR will be prepared to Caltrans guidelines, specifically Exhibit 5.1 Archaeological Survey Report Format and Content Guide. Area of Potential Effects (APE) Map ASM will prepare an APE map for Caltrans review and signature. In so doing, ASM assumes participation in a conference call with the Caltrans District 8 Professionally Qualified Staff (PQS). The APE map will be finalized before work begins on the other tasks. ASM assumes that the APE will be limited to the nine identified intersections and a reasonable buffer surrounding them and will not include parcels adjacent to the intersections. CEQA Compliance Per Caltrans District 8 protocols, District staff will prepare a Categorical Exemption (CE) in conformance with CEQA Guidelines Section 15300, and the regulations, requirements and procedures of any other responsible Public Agency with jurisdiction by law. The CE will be supported by a memo to file documenting the basis for the CE (refer to Optional Task 1 for preparation of an Initial Study). Should one or more impacts be identified as requiring mitigation or Significant and Unavoidable, thus necessitating the preparation of either an Initial Study leading to a Mitigated Negative Declaration (IS/MND) or an Environmental Impact Report (EIR), a separate scope of work and budget can be provided to the City. Upon approval of the CE, Kimley-Horn will prepare the Notice of Exemption (NOE)/ Notice of Determination (NOD) for filing by the City with the Office of Planning and Research, State Clearinghouse and the Office of the County Clerk. The City will be responsible for all filing fees. NEPA Compliance Kimley-Horn will prepare technical studies supporting a NEPA Categorial Exclusion (to be prepared by Caltrans District 08 staff) pursuant to Section 23 USC 326 and 23 CFR 771.117 activity (c)(4). Kimley>>>Horn Wt•M 110
........................................................ ~ .. -....................................................................................................................... . •RO•o~~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements Optional Task 1 -Initial Study Prepare Administrative Draft IS/MND A draft Mitigated Negative Declaration, if appropriate, will be prepared in accordance with CEOA and with the Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended. Environmental resources anticipated to be addressed in the preliminary draft Initial Study/Mitigated Negative Declaration 0S/MND) include: ..illll Aesthetics ..illll Agriculture and Forest Resources ..illll Air Quality ..illll Biological Resources ..illll Cultural Resources ..illll Energy ..illll Geology/Soils ..illll Greenhouse Gas Emissions ..illll Hazards and Hazardous Materials Task B Deliverables: ..illll Hydrolody/Water Quality ..illll Land Use/Planning ..illll Mineral Resources ..illll Noise ..illll Population/Housing ..illll Public Services ..illll Recreation ..illll Transportation ..illll Tribal Cultural Resources ..illll Utilities/Service Systems ..illll Wildfire ~ Draft PES for City review including VIA Questionnaire (one round of review; electronic transmittaQ ~ Revised PES for City and Caltrans review (one round of concurrent review and consolidated non-conflicting comments; electronic transmittal) ~ Final PES to Caltrans (electronic transmittal to Caltrans) ~ Draft technical report package for City review (one round of review; electronic transmittal) ~ Revised technical report package for City and Caltrans review (one round of concurrent review and consolidated non-conflicting comments; electronic transmittal) ~ Final technical report package to Caltrans (electronic transmittal to Caltrans) The Initial Study would follow standard Caltrans format and content requirements as noted in the SER (Standard Environmental Reference website for Caltrans). Kimley-Horn will prepare a Preliminary Draft IS/MND for City/Caltrans review and comment. Kimley-Horn will incorporate City/Caltrans comments and prepare a final "check copy" of the Draft IS/MND for City/Caltrans approval for publication. Distribute Draft IS/MND Upon approval by the City/Caltrans, Kimley-Hom will assist the City with filing of the Notice of Intent to Adopt a Mitigated Negative Declaration with the County Clerk and State Clearinghouse in accordance with CEOA. A Notice of Completion will be prepared as required for this filing. A 21-day public review period is assumed due to absence of regionally significant issues or state permits/approvals. To advise the public of the availability of the Draft IS/MND, Kimley-Horn will draft a display ad for publication in the local newspaper. Upon approval of this notification, Kimley-Hom will coordinate publication of the notice and obtain an affidavit of publication that will be included in the Final IS/MND. It is assumed that this project is not considered City of Palm Springs • TRED96011.2020 controversial to the public nor is there any substantial public interest in the project at this time. For this reason, it is assumed that a public meeting will not be conducted during the 21-day IS/MND public review period (it is not required by CEQA). Kimley-Horn will obtain a mailing list of interested persons from the City/Caltrans, if available. If no such list is available, Kimley-Horn will prepare a project mailing list to include local and regional government agencies who will receive notification of the project. The mailing list will be provided to the City/Caltrans for approval prior to release of the document. A copy of the NOi will be mailed to those on the mailing list. Any radius list, if required, is assumed to be provided by the client. Hard copies of the IS/MND will be sent to key agencies, and copies of the document placed in local public libraries in the City area. Kimley-Horn will provide a PDF version of the IS/ MND for City posting on its website. Kimley-Horn will prepare an Affidavit of Distribution to document public notification compliance . Prepare Final IS/MND On behalf of the City, the environmental team will prepare responses to written comments received during the public review period of the Draft IS/MND. Draft responses will be submitted to the City/Caltrans for review and approval. Responses will be incorporated into the Final IS/ MND which will be compiled to reflect any changes to the document that may have resulted from comments. The Final IS/MND will be submitted to the City/Caltrans for review and consideration by the City Council/Caltrans for adoption of the Mitigated Negative Declaration and project approval. Kimley-Hom assumes that the Final IS/MND will consist of the Draft IS/MND along with a Comments and Responses supplement. Given the difficulty in predicting the nature and extent of Draft IS/MND public comments, this task assumes a maximum of 20 hours for responding to public comments on the IS/MND. Kimley-Horn will prepare a Mitigation Monitoring and Reporting Plan (MMRP) to be adopted by the City should the project be approved. If the City Council adopts the Mitigated Negative Declaration and approves the project, Kimley-Horn will prepare and file a Notice of Determination with the County Clerk and State Clearinghouse. As part of the filing of the Notice of Determination, Kimley-Horn will prepare an application for the California Department of Fish and Wildlife (CDFW) CEQA Document Filing Fee. Prior to this filing, Kimley-Horn will evaluate the findings of the Initial Study to determine if the project qualifies for an exemption to the CDFW CEQA filing fee. If determined to qualify, Kimley-Horn will prepare a CDFW No Effect Determination Request for the project. If this request is approved by the CDFW, the City will not be required to pay the CDFW CEQA Document Filing Fee. 8.5 -Surveying and Topographic Mapping The Kimley-Horn team will perform surveys necessary for the concept drawings and project design, establishing a uniform stationing on streets, increasing northerly and easterly. The Kimley-Horn team will collect field survey data necessary for the design of the proposed improvements along the roadway, which shall include the preparation of topographic base mapping through field survey methods. The field survey data shall be compiled to develop a topographic base map of the project area. Kimley>>>Horn WIN 111
Topography shall include features within the City's right-of-way needed for construction of the project. Three-dimensional (3D} field survey information will be limited to the 20 curb ramp locations requiring modifications of the curb ramps for ADA compliance. 8.6 -Utilities Coordination This task includes collecting data and information from the City, coordination with utility companies, and a field reconnaissance at all nine (9) intersections. Kimley-Horn will coordinate with the City to collect existing available data for the design. Sample data that will be requested includes but is not limited to the following: ~ Utility contacts ~ Existing as-builts pertinent to the project within the project vicinity including, but not limited to, existing traffic signal, roadway, and communication as-builts ~ Available electronic signal plans Kimley-Horn will perform utility coordination for the project. Record base maps of the utility companies will be requested and we will notify the various agencies and request that if they plan to install new facilities within the project area that they coordinate with the City as soon as possible. Utility records will be scanned and catalogued as they are received. Utility information will be incorporated into the project base map. Kimley-Horn will review and analyze received utility record plans to identify potential conflicts with the proposed improvements. Kimley-Horn will coordinate with utilities up to the start of construction to facilitate the adjustment and relocation of their facilities if necessary. Kimley-Horn will conduct field reconnaissance at the nine (9) intersections following the project kick-off that will be conducted to investigate existing signal infrastructure and site conditions. As part of the field review, Kimley-Horn will identify any potential issues that may affect the proposed design such as existing conduit fill conditions and sight distance limitations. We will utilize the as-builts, field notes, and survey topography to create a base map for the proposed improvements. We will prepare preliminary improvement plans for the nine (9) intersections for City review. 8. 7 -Utility Potholing C Below, as a subconsultant to Kimley-Horn, will provide the following: ~ Underground utilities at potential conflict locations to determine their horizontal and vertical location for clearance and connection points or conflicts for underground improvements such as gas lines and other utilities and to determine the location of proposed traffic signal pole foundations. ~ Repair existing improvements in-kind because of potholing. This includes repair of asphalt concrete and PCC. C Below will perform up to eight (8) potholes. Vac-X or a similar potholing method will not be used over gas mains. The potholing information and plan will be submitted to the City after task completion. City of Palm Springs • TRED9607 7.2020 The Kimley-Horn team will pull a no-fee encroachment permit, notify underground service alert, and provide standard traffic control during potholing operation. 8.8 -Right-of-Way Kimley-Horn understands the project will be completed within the public right-of-way. The project will not require any utility relocation or right-of-way acquisition or easements If any other work will occur outside of the right-of-way in addition to what is anticipated in this scope of work, additional scope and fee would be required. 8.9 -Preliminary Design (Conceptual layout Plans, 35%) Kimley-Horn will prepare conceptual layout plans showing tentative traffic signal pole locations, signing and striping, and ADA compliant pedestrian access ramps. Deliverables: ~ Draft PES for City review including VIA Questionnaire (one round of review; electronic transmittal) ~ Revised PES for City and Caltrans review (one round of concurrent review; electronic transmittal) ~ Final PES to Caltrans (electronic transmittal to Caltrans) ~ Right-of-Way and Utility Base Maps ~ Documentation with Utility Companies ~ Preliminary Improvement Plans 8.1 O -Submittals Kimley-Horn shall submit two (2) sets of bond copies of the preliminary design drawings with each submittal for checking by the City, along with the previous red-lined check prints. Kimley-Horn shall perform quality control on all submittals. The Kimley-Horn team shall submit necessary PES documentation to the City for initial review. The Kimley-Horn team will submit the PES and supporting documents to Caltrans District 8, DLAE, after addressing City comments. Kimley-Horn will address Caltrans comments in order to receive final approval. Task C: Phase II -Engineering Design -Plans, Specifications, and Estimates (PS&E) Prepare 90% PS&E Kimley-Horn will prepare 90% plans, specifications, and an initial engineer's opinion of probable construction costs (estimate} for traffic signal modifications at nine (9) intersections. The traffic signal modification plans will include line work, showing existing curb, gutter, sidewalk, striping and pavement markings, detectors, traffic signal poles, controller and service cabinets, conduits, and pull boxes relevant to the design. The proposed traffic signal modification plans will show proposed video detection camera locations, any affected and/or new conduit or pull boxes, signal phasing, and annotation of existing and proposed equipment. The pole, equipment, and conductor schedules will be completed at this stage. Plans will be prepared iin accordance with the requirements of Kimley>>>Horn WfM 112
PROPo~~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements Caltrans Local Assistance Procedures Manual (LAPM), City of Palm Springs Standards, Caltrans Standard Plans (the City has adopted the 2006 edition for traffic signal poles and mast arms), California Manual on Uniform Traffic Control Devices (MUTCD) (latest version), and related standards, and will be presented at 1 :20 scale. Task C -90% PS&E Deliverables: ~ 90% Plans, Specifications, and Engineer's Opinion of Probable Construction Costs in .pdf electronic format Kimley-Horn prepares curb ramp designs that are fully compliant with the accessibility standards and best practices. Once compliant curb ramps and landings are designed, the transition to the existing sidewalk also should strictly meet the accessibility standards. Curb ramp improvements details for the following locations are anticipated: 1. Tahquitz Canyon & Calle Encilia 2. E. Palm Canyon & Araby Dr 3. Ramon Rd & Avenida Caballeros 4. Ramon Rd & Compadre Rd 5. Farrell Dr & Via Esceula 6. Sunrise Way & Tachevah Dr 7. Farrell Dr & Alejo Rd NW/ NE/SE NW /NE/SE NW/ NE/SE NW SE NW / NE / SE / SW NE/SE An initial engineer's opinion of probable construction cost will be developed based on the preliminary plans. A project contingency will be included in the engineer's opinion of probable costs to provide for cost increases and unknown issues that may arise but cannot be specifically identified at this stage. Kimley-Horn will prepare technical special provisions and contract documents. The base documents that the special provisions will be based on is the City of Palm Springs Traffic Signal Specification and Caltrans 2018 Standard Specifications. Kimley-Horn will utilize City and Caltrans documents as design standards, including, but not limited to, the following: ~ City of Palm Springs Standard Plans and Details ~ Caltrans Standard Plans ~ Caltrans Highway Design Manual & DIBs ~ Local Assistance Procedures Manual We anticipate the following preliminary plan sheet counts for the project: 1. Cover sheet (1 Sheet) 2. Notes, legends, and construction details (2 sheets) 3. Communication Network Schematic (1 sheet) 4. Traffic Signal modification plans (9 sheets) 5. Curb Ramp Modification Plans (1 O sheets) Estimated Total Sheets: 23 Sheets Prepare 100% PS&E Based on one set of non-conflicting comments from the 90% PS&E comments, Kimley-Horn will advance the PS&E to the 1 00% level of design. Kimley-Horn will adjust the plans and technical specifications based on the City comments accordingly. Kimley-Horn will prepare a City of Palm Springs • TRED96011.2020 comment response matrix to be submitted with the Final submittal. The comment response matrix will include the original comments, Kimley-Horn responses to the comments, and final resolution. A licensed professional engineer will conduct a peer review and QC/ QA of the design plans, schedules, and technical special provisions. A licensed professional engineer will stamp and sign all plan sheets for this submittal. Kimley-Horn will submit one (1) 24"x36" hard copy and PDF electronic copy of the 1 00% plans and one (1) hardcopy and an electronic copy in Word format of the technical special provisions to the City for review. The 100% engineer's opinion of probable cost will be submitted to the City in .pdf electronic format. C.1 -Improvement Plan Preparation Kimley-Horn will develop street improvement plans, traffic signal plans, and striping and signing plans in accordance with the current City of Palm Springs standard plans or standards approved by the City Engineer and made known to Kimley-Horn prior to starting design. Existing utilities shall be indicated in plan sheets. Plans shall be prepared at 1 "=20' scale, on 24" x 36" improvement plan sheets, and shall consist of: Task C -100% Deliverables: ~ One (1) set of 24"x36" hardcopy 100% plans ~ One (1) set of hardcopy technical special provisions ~ 100% Plans, Specifications, and Engineer's Opinion of Probable Construction Costs in PDF electronic format Title Sheet Kimley-Horn will include a title sheet per current City requirements. Detail Sheets Kimley-Horn will include typical sections and details. Roadway Improvement Plans Kimley-Hom will include plans for the proposed intersections with existing and proposed ADA compliant pedestrian access ramp locations and types which include necessary removals and repairs to the existing AC pavement, Portland cement concrete (PCC) sidewalks, curbs, and driveways. Kimley-Hom's plans shall provide roadway improvements in accordance with the City's standards and Caltrans standards where applicable. Based on our field review, improvements to a total of 20 curb ramps are anticipated. Traffic Signal Plans Each of the intersection controller traffic signal timing sheets will be prepared to accommodate the advance dilemma zone detection systems timing parameters and any cabinet special functions. The traffic signal modification plans will address removal of the existing pole, mast arm, traffic signal heads, signs; and installation of new pole, mast arm, traffic signal heads, and signs. Kimley-Horn will indicate the installation of the advanced dilemma zone detection system equipment on the plans. Other relevant features of the traffic signal design include carrying over the existing protected Kimley>>>Horn MEN 113
""°"0M~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements left-turn phasing for approaches and provision of emergency vehicle pre-emption. The plans will show lane dimensions, signal pole and push-button pole placements, controller and power meter cabinet placements, conduit runs and hand holes or pull box placements, lane channelization, video detection placement, circuitry and conductor schedules, signal pole and mast-arm schedules, phase schedules, schedules for signal heads, schedules for video detectors, signal pole location details, emergency vehicle pre-emption details, and other notes, schedules, details and/or drawing components required for complete traffic signal construction plans. Timing Sheets Traffic signal timing sheets will be prepared for nine (9) lntelight controllers to accommodate the advance dilemma zone detection systems timing parameters, proposed left turn phases, and any cabinet special functions. Communication Network Schematic Currently all project Palm s rin s Traffic Si nal Communication Network intersections, except ,. _ ·~ ~ for Indian Canyon Drive 1 ~-· ... ~ .•. =.::..:-and 20th Avenue are 1 ....... ,.,, '···.:: '" -_:_::::""·""-· t d t th C'ty' l ~ • Prqlose:IWrtlessltUrsectkn connec e O e I S ! . -""',..,,.,.ml•• Traffic Management ~ I 'oloct~==..,,.,. ...... ~ Center (TMC) through l ~ ~ :~::::-.:.::,:. . either wireless radio or i =.:.::· I Ethernet over copper ® , ...... , ...... connections. The project intersections connected through wireless radios are: E. Palm Canyon Dr/Araby Dr, Ramon Rd/ Avenida Caballeros, Ramon Rd/ . Compadre Rd, Farrell N DrNia Escuela, Sunrise IL!:•~~...:_:..:.:=.:_____--'-'-----===-_:__:_ Way/Tachevah Dr, Farrell Dr/Alejo Road, and Sunrise Way/Alejo Rd. Tahquitz Canyon Way/Calle Encilia is connected through Ethernet over copper. Kimley-Horn proposes to connect Indian Canyon Dr and 20th Avenue through a wireless radio pointed at the existing antenna at the Palm Springs Amtrak Station. This antenna is already connected to the TMC through a quick bridge wireless link to the Police Station Comm Tower. Prior to design and construction, Kimley-Horn staff will perform a Signal Strength Analysis to confirm whether the proposed radios can meet certain parameters (receiver sensitivity, signal-to-noise ratio, etc.) to ensure a successful connection. Upon a successful signal strength analysis, Kimley-Horn will design one (1) sheet that include the type, placement and direction of the proposed radio, as well as its location within the City's traffic signal communication network. Construction Phase Authorization Kimley-Horn will prepare a Request for Authorization to advance the project to construction using procedures outlined in the Caltrans Local Assistance Procedures Manual. City of Palm Springs • TRED960 i l .2020 Task D: Phase Ill -Construction Support This task consists of coordination and support during the construction stages of the project. Kimley-Horn will attend the pre-construction meeting and address items for the construction management team to be aware of. Kimley-Horn will be involved during construction stages, by responding to information requests (RFI), reviewing and responding to all submittals, and reviewing and approving any proposed changes by the contractor during construction. We will attend up to three (3) construction progress meetings or field meetings. At the finish of construction, Kimley-Horn will attend one (1) meeting for final inspection and assist in the development of punch lists. After construction and at the closing stages of the project, Kimley-Horn will participate in the "Lessons Learned Meeting." Questions During Bidding The Kimley-Horn team will answer questions (request for information [RFij) regarding the Technical Provisions and design drawings, or conflicts during the bidding processes. D.1 -Pre-Construction Meeting Kimley-Horn will attend the pre-construction meeting and answer questions regarding the technical provisions and design drawings that arise during the meeting. D.2 -Construction The Kimley-Horn team will be available for five months to: ..11111 Review design change requests ..11111 Assist the City in issuing Contract Change Orders ..11111 Prepare addenda and respond to requests for information throughout the bidding process ..11111 Preview submittals from contractor selected to construct the project 0.2.1 Questions/Design Change Requests 0.2.2 As-Built Drawings Kimley-Horn will prepare record drawing as-builts after construction has been completed at all nine (9) intersections. Any comments and changes during construction as redlined and noted by the contractor will be documented and annotated. Record drawings will be prepared in AutoCAD, and .pdf electronic files shall be sent to the City. Deliverable: ~ Record drawings in PDF electronic format Kimley>>>Horn Wt• 114
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Pao•o~~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements 9. REPRESENTATIVE PROJECT EXPERIENCE Experience with Similar Work and References One advantage of the Kimley-Hom team is that we bring together a wide-range of traffic signal design experience combined with our roadway design knowledge. Our team understands the typical challenges associated with designing and improving the safety of existing traffic signals, and we will leverage that knowledge to identify constraints and issues and develop designs that can be effectively implemented. Our team's CEQNNEPA Task Leader has managed four separate Caltrans On-Call Environmental Services Contracts including one for Caltrans DB. Traffic Management Center (fMC) Troubleshooting and Timing Plan Review, Palm Springs, CA Kimley-Hom is performing a TMC troubleshooting and evaluation project for the City of Palm Springs. The project aims to evaluate the existing traffic signal communication network to identify any problems and suggest solutions recommendations. Kimley-Hom will also review existing signal timing and optimize the timing and coordination along the interconnected corridors in the City. The optimization will be performed in the Synchro software, using existing traffic volumes, lane geometry, and signal timing. Kimley-Horn will then prepare updating timing sheets and implement the updated timing at intersections, with City assistance. Finally, Kimley-Hom will perform field visits to selected city intersections to perform a field check and assemble an inventory of traffic signal components. iii Client Donn Uyeno, P.E., Senior Civil Engineer, City of Palm Springs, 760.323.8253 x87 44; Joel Montalvo, MPA, P.E., ~istant Director of Engineering, City of Palm Springs, 760.322.8339 # Contract Value: $252,000 * Key Personnel: Jean Fares, Project Manager; Kyle McGowan, Analyst J.. Subconsuttants: Counts Unlimited (Traffic Counts) Design of Traffic Signal Interconnect Improvements, City Projects 13-305-014 & 13-308-015, Rancho Mirage, CA CUIG"l<lllltlHl(SIC"-AltHTllCO~lCTl .. nO';IMlNH ',.fW6:."~ ( ... ~ro,r<'ll)k"'fOlll'd•{d,I (~-11\~ll)IS City of Palm Springs • TRED9607 7 2020 Kimley-Hom is supporting the City of Rancho Mirage to improve traffic operations for 40 intersections along Highway 111, Bob Hope Drive, Country Club Drive, Dinah Shore Drive, and Monterey Avenue. Kimley-Hom is designing plans to upgrade the traffic signal interconnect network and controller cabinet equipment which will enable the City to meet its goals of real-time traffic monitoring management. Kimley-Horn is also supporting the City of Rancho Mirage by implementing new traffic signal timing plans to improve traffic operations and safety throughout the day. The City of Rancho Mirage employs a complex timing system on the project corridors, with different timing plans throughout the day and along each corridor. To meet the City's goal of real-time traffic monitoring and performance measurement, Kimley-Horn will design and implement CClV at various intersections. iii Client Jesse Eckenroth, Director of Public Works, City of Rancho Mirage, 760.770.3224 # Contract Value: $210,000 * Key Personnel: Jean Fares, Project Manager; Kevin Aguigui, QC/QA Manager; Jason Melchor, Project Engineer; Kyle McGowan, Project Engineer; nm Chan, Project Engineer; Yiota Georgalis, Project Engineer; Matt Stewart, Analyst J.. Subconsultants: Forbes Traffic Solutions Advanced Dilemma Zone Detection Project (ADZDP), Sunnyvale, CA Kimley-Hom is currently working with the City of Sunnyvale to complete the Advanced Dilemma Zone Detection Project at 11 intersections throughout the city. The improvements are designed to enhance vehicle safety by installing an Advanced Dilemma-Zone Detection System (ADZDS). The project includes installation of cameras for all directions at each intersection, including minor modification to existing conduits and pull boxes at few selected locations. As part of the project, Kimley-Hom has conducted a field review at all the intersections to understand the condition of existing infrastructure such as conduit fill, size of traffic signal pull boxes, and space availability in existing traffic signal cabinets, provided plans, specttications, and estimate for the design of the improvements, and coordinated with the County of Santa Clara, Caltrans, City of Cupertino, and VTA to obtain encroachment permits in their right-of-way. Additionally, Kimley-Hom has completed the Permit Engineering Evaluation Report (PEER) process and worked on all required E76 for construction forms. iii Client: Liliana Price, Engineering Assistant 11, City of Sunnyvale, 408.730.7543 Kimley>>>Horn NIM 116
PROeo:;~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements # Contract Value: $83,000 * Key Personnel: Nikita Petrov, Project Manager ..1. Subconsultants: Wiltec (Traffic Counts); WRECO (Geotechnical Engineering) Moreno Valley RSA/Roadway Safety Signing Audit (RSSA), Moreno Valley, CA Kimley-Horn is leading this City of Moreno Valley project funded by Cycle 7 Highway Safety Improvement Program (HSIP) to analyze the traffic safety and implement identified recommendations along two corridors: Ironwood Avenue from Lasselle Street to Nason Street; and Kitching Street from Sunnymead Boulevard to Alessandro Boulevard. Kimley-Horn will facilitate an RSA and RSSA. The recommendations identified in the RSSA will be environmentally cleared through the National Environmental Policy Act (NEPA). Once environmentally cleared, we will finalize construction plans, specifications, and estimates in order to implement and construct the recommendations from the RSSA. The RSA, which will be conducted for both corridors, will be used to program future projects into the City's budget and CIP list. • Client: John Kerenyi, P.E., PTOE, Senior Traffic Engineer, 951.413.3199 # Contract Value: $102,000 * Key Personnel: Meghan Karadimas, Environmental Task Leader; Jason Melchor, Project Engineer ..1. Subconsultants: Mark Thomas; Transportation and Energy Glassel/ Street Traffic Engineering Services (HSIP Project), Orange, CA Kimley-Horn provided safety improvements at both Glassel! Street at Meats Avenue and Glassel! Street at Collins Avenue by adding left-turn phasing in both northbound and southbound directions along Glassel! Street as a countermeasure to broadside type crashes. The added left-tum phasing also removed the conflict with pedestrians crossing, as pedestrians were able to cross only with the through movement phase. Scope of work for this project included survey, signing and striping plans, traffic signal modifications plans, utility coordination, specifications, and opinion of probable construction cost. This project was funded in part through Caltrans Call for Projects for the HSIP Cycle 7. • Client: Eduardo Lopez, P.E., Associate Civil Engineer, City of Orange, 714.744.5525 # Contract Value: $57,000 * Key Personnel: Jason Melchor, Project Manager ..1. Subconsultants: Calvada (Survey) Paramount Boulevard Traffic Signal Upgrade and Fiber-Optic Communication System (HSIP Project), Downey, CA This project involves the extension of an existing communication system, which will interconnect the traffic signals along Paramount Boulevard in Downey including all other field devices to be installed City of Palm Springs • TRED96071.2020 along this corridor. The existing communications system consists of a fiber-optic network of communication hubs and signalized intersections all communicating using IP over Ethernet. This solution made the City of Downey the first city in Southern California to deploy a fully operational Ethernet communications system. The communications network essentially consists of a ring topology of field hubs and the TMC-and star topology of signalized intersections. Services performed include the installation of fiber and video detection on Paramount Boulevard from Telegraph Road to Gardendale Street. The project length is approximately five miles and includes: 18 signalized intersections, 18 traffic signal modifications, five miles of fiber-optic, integration with existing traffic control system, and installation of fiber and video detection. • Client: Edwin Norris, Deputy Public Works Director, City of Downey, 562.904. 7246 # Contract Value: $17,000 * Key Personnel: Jean Fares, Project Manager; Jason Melchor, Project Engineer; Yiota Georgalis, Project Engineer ..1. Subconsultants: NOS (Traffic Counts) Wiley Canyon Road at Orchard Village Road & Newhall Avenue at Railroad Avenue Intersection Improvement Project (HSIP Project), Santa Clarita, CA Kimley-Horn prepared construction documents including street improvements, median improvements, traffic signal modification, and signing and striping plans. Kimley-Horn assisted the City in extending the existing tum pocket length and installing a protected left phase at Wiley Canyon Road and Orchard Village Road. Kimley-Horn also assisted in the design of a bulb-out and new medians at Newhall Avenue and Railroad Avenue to provide more refuge to pedestrians. Both intersections required modification of the existing landscaping, irrigation, and traffic signal. • Client: Cesar Romo, Traffic Signal Administrator, City of Santa Clarita, 661.286.4002 # Contract Value: $63,000 * Key Personnel: Jean Fares, Project Manager; Yiota Georgalis, Project Engineer ..1. Subconsultants: N/ A Kimley>>> Horn Mfil 117
............................................................................................................................................................... ,. . . . . . . . . . . . . . . . . . . . PRo~o,,si~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements Transit Priority System Phase 2/ATMS Phase 3, BO Traffic ~ignal Upgrades, Santa Monica, CA il✓, Kimley-Hom . /. prepared the detailed designs as part of the City's TPS Phase 2 and ATMS Phase 3 Projects. The project included the interconnection of 80 traffic signals along four major corridors along with a backbone network over a new fiber-optic network, new traffic controllers and cabinets, and interfaces with Metro's TPS and the City's Big Blue Bus transit systems. Kimley-Hom prepared the entire PS&E document set with two options of TSP designs including the necessary interfaces and coordination with the previous phases, as well as accommodation of future phases of the fiber network and additional hubs. The fiber-optic network design integrated with the City's comprehensive fiber-optic system of edge, middle, and core network switches involving fiber-optic field communication hubs and partial mesh fiber connection topology. The project resulted in the City establishing the splicing designs developed by Kimley-Horn as the standard for fiber-optic network designs, and the TSP deployment was the first to use fiber optics as the backhaul network for the LA Metro TSP system. The fiber design was completed on-time and on-budget. iii Client: Jay Dinkins, Transportation Manager, City of Santa Monica, 310.458.8963 # Contract Value: $700,000 * Key Personnel: Jean Fares, Project Manager; Kevin Aguigui, Project Engineer; Jason Melchor, Project Engineer; Sri Chakravarthy, Project Engineer .1. Subconsultants: Transportation and Energy Final Design Services (HSIP) for Traffic Signal Improvements along Studebaker Road, Norwalk, CA Kimley-Horn is developing design plans for traffic signal system improvements and updated signal timing coordination for two miles along Studebaker Road from Cecilia Street {North City Limits) to Rosecrans Avenue. Studebaker Road has experienced high volumes of vehicle collisions at both signalized and unsignalized intersections indicating the need for better traffic management through traffic signal coordination. The corridor has also experienced pedestrian and bicycle collisions, indicating a need for pedestrian countdown signal heads. The City has identified this project to enhance safety for all modes of travel and to improve traffic operations. This project will add to the City's ITS infrastructure by replacing existing wireless and copper communications with fiber-optic cable, upgrading traffic signal controllers at three intersections, and installing ADA compliant curb ramps and pedestrian heads. This project also includes the implementation of new traffic signal timing plans to improve traffic operations and safety throughout the day. City of Palm Springs • mED96071.2020 iii Client: Julian Lee, Utilities and Project Manager, City of Norwalk, 562.929.5926 # Contract Value: $191,000 * Key Personnel: Sri Chakravarthy, Project Manager; Matt Stewart, Analyst .1. Subconsultants: GPA Consulting Professional Engineering Services for Date Palm Drive and Varner Road HSIP Safety Improvements, Cathedral City, CA The City of Cathedral City received a Highway Safety Improvement Project {HSIP) Cycle 9 grant to improve safety on Varner Road between Mountain View to Bob Hope Drive and on Date Palm Drive between 1-1 0 and Varner Road. These two roadways have the most severe roadway collisions of any roadway in the City. Kimley-Hom is currently working with the City with implementing safety improvements. iii Client John Corella, Director of Engineering, City of Cathedral City, 760.770.0327 # Contract Value: $125,000 * Key Personnel: Frank Hoffmann, Project Manager; Jean Fares, Project Engineer, Jason Melchor, Project Engineer .1. SubconsuHants: Aragon {Geotechnical Engineering) Design Services (HSIP) for Traffic Signal Improvements along Alondra Boulevard, Norwalk, CA Kimley-Hom improved traffic operations and safety along Alondra Boulevard from Piuma Avenue to Shoemaker Avenue by installing additional ITS infrastructure and upgrading traffic signal equipment. Alondra Boulevard experienced high volumes of accidents, many of which occurred at intersections. The City identified this project to enhance safety for all modes of travel and to improve traffic operations. This project added to the City's ITS infrastructure by replacing existing wireless communications with fiber-optic cable, upgrading traffic signal controllers at five intersections, installing ADA compliant curb ramps and pedestrian heads at seven intersections, and installing new video detection at three intersections. This project also included the implementation of new traffic signal timing plans to improve traffic operations and safety throughout the day. Kimley>>>Horn @j:@ 118
........................................................................................ ,. , ............................................................................................................................ . PRoPo.s_;~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements ~·!ti!tl'!"~J, : Trave!TuneData 1:';•··~ ~ f I I I I ! I ! I __ I] i~ 11 l I I I I ! I _ 11 I _,. ··-••••• ··--·-·• -· • -·-----· ..aa..., -... Wl'e..._.... • • ,.::::'"~-.... --... --, 1 _!_I I I I ! I I .' __ II 11 _t_l I I I I I ! '-=-'] -~ L~ ii Client: Julian Lee, Utilities and Project Manager, City of Norwalk, 562.929.5926 # Contract Value: $200,000 * Key Personnel: Sri Chakravarthy, Project Manager; Matt Stewart, Analyst .1. Subconsultants: N/A Traffic Signal Improvements (135 Intersections), Burbank, CA Kimley-Hom provided cMI and traffic design services for the street and railroad crossing improvements at intersections of Buena Vista Street, San Fernando Boulevard, and Winona Avenue near the 1-5 crossing. The project involved preparation of construction plans, special provisions, and probable construction cost estimates. Our work included typical street cross-sections, plan and profile of street improvements including curb and gutters for street widening, storm drain improvement/relocation, curb ramp design, pavement design, signing and striping, and traffic signal modmcations. The storm drain modification work included design of dual inlet catch basin and drainage features for the extended portion of the curb, gutter, and sidewalk where San Fernando Boulevard was to be vacated. Surface drainage features were also removed to allow pipe connection to an existing Caltrans catch basin downstream. ii Client: David Kriske, Transportation Division, City of Burbank, 818.238.5269 # Contract Value: $231,000 * Key Personnel: Jean Fares, Project Manager; Frank Hoffman, QC/QA Manager; Jason Melchor, Project Engineer; Tim Chan, Project Engineer; Yiota Georgalis, Analyst .1. Subconsultants: Iacobellis & Associates (Land Survey); Lawrence R. Moss & Associates Rancho Road Sidewalks and Bike Lanes (HSIP Project), Thousand Oaks, CA This project was awarded a federal grant to improve sidewalk and bicycle connectivity, as this stretch of road is one of a few City separate crossings under Caltrans Route 101 linking north to south city limits. The City has ranked this project as a high priority based on pedestrian traffic volumes, construction difficulties and proximity to schools and public facilities with missing sidewalk. The project will include new sidewalk, curb ramps, and restriping Class II bike City of Palm Springs • TRED96017.2020 lanes along Rancho Road. Bicycle buffers and green pavement markings are utilized to enhance awareness. A traffic signal or a roundabout may be considered at the southbound Caltrans on/off ramp intersection. Additional traffic signal modifications are included at the northbound Caltrans on-/off-ramps. The project requires a Caltrans encroachment permit, PEER forms, environmental PES and CEQA/NEPA documents. Kimley-Horn is providing civil, traffic, landscaping, and environmental services. ii Client Mike Tohidian, City Project Manager, City of Thousand Oaks, 805.449.2416 # Contract Value: $325,000 * Key Personnel: Yiota Georgalis, Project Manager; Sri Chakravarthy, Project Engineer; Jason Melchor, Project Engineer .1. Subconsultants: C Below (Potholing); NDS (Traffic Counts); Wagner Engineering (Survey); Oakridge Geoscience (Geotechnical Engineering) Smart Corridor-San Fernando Road, Glendale, CA This project involved the upgrading, modernization, and interconnection of 14 locations along San Fernando Road. Project objectives included the replacement of outdated controllers, installation of inductive loop detectors to provide full traffic actuated operation, installation of interconnect equipment, and a complete review of each intersection to ensure conformance with current MUTCD and Caltrans guidelines. Existing above-and below-ground traffic signal system equipment was field reviewed to identify the necessary improvements before the design phase, thereby avoiding any unnecessary improvements and associated costs. PS&E was then prepared for local intersection and system related improvements. ii Client Sarkis Oganesyan, P.E., PTOE, Principal Civil Engineer, City of Glendale, 818.548.3945 # Contract Value: $26,000 * Key Personnel: Jean Fares, Project Manager; Jason Melchor, Project Engineer; Yiota Georgalis, Analyst .1. Subconsultants: N/A Kimley>>>Horn WAN 119
PROPo:i~ ENVIRONMENTAL/ TRAFFIC ENGINEERING DESIGN SERVICES for HSIP Cycle 9 Traffic Signal Improvements Traffic Signal System Design Select list (200 traffic signal upgrades), Los Angeles County, CA Kimley-Hom provided as-needed traffic engineering services for Los Angeles County. Projects involved preparation of PS&E for the upgrading, modernization, and interconnect of over 700 traffic signals along 17 major arterials in Los Angeles County. The Kimley-Hom team was involved with the design and preparation of traffic signal safety upgrades and interconnect improvement PS&E. In addition, traffic signal timing/ coordination plans were developed for approximately 300 locations along four arterials to complete the synchronization projects. ii Client: Marty Amundson, Senior Civil Engineer, Los Angeles County, 626.300.477 4 # Contract Value: $280,000 * Key Personnel: Jean Fares, Project Manager; Jason Melchor, Project Engineer; Tim Chan, Project Engineer; Yiota Georgalis, Analyst .1. Subconsultants: N/ A ITS Phases II -VII Projects, Santa Clarita, CA Since 2006, Kimley-Horn has been working to provide a multitude of ITS services which has included producing PS&E for 20 miles of fiber-optic communications; several locations of BOSCH CCTVs and a new video management system; several video detection systems; 1 O locations of Sensys system detection; traffic signal modification for 122 intersections; and adaptive traffic signal systems at 13 intersections as well as additional tasks. l. l 1 -------· ---··~~-.1.1.4"~1a;,,I• •~nllf--1111.& -· @ :.;:;· .~~~ ~ _______ ...., ______ _.. ii Client: Cesar Romo, Traffic Signal Administrator, City of Santa Clarita, 661.286.4002 # Contract Value: $425,000 * Key Personnel: Jean Fares, Project Manager; ~:;· -~~ ........ .. ~-f/ .,• •--l'N"Dllllilll~ J~•---.-1, -•--:,_r:-:,,•,._.il,, Kevin Aguigui, QC/QA Manager; Jason Melchor, Project Engineer; Tim Chan, Project Engineer; Yiota Georgalis, Analyst; Kyle McGowan, Analyst; Arek Harmandayan, Analyst .1. Subconsultants: NOS (Traffic Counts} References Our clients know that with Kimley-Horn they experience better. How do we know this? They consistently tell us we deliver remarkable results and we're really good people to work with-and we live for that. In addition to reading about the ways in which we've served our City of Palm Springs • TRED96011.2020 clients, we invite you to contact them personally regarding our work history and quality of service. Kimley-Horn understands that real collaboration requires far more than a partnership-it also means earning deep trust by living up to our promises day in and day out. Our clients consistently tell us that Kimley-Horn provides a better experience. That's the truth behind our reputation-with Kimley-Horn, you can expect more and experience better. We are proud of the projects we have worked on and the relationships we have built with our clients. We hope that you will reach out to them. "Kimley-Horn truly provides the combination of a hands-on approach, attention to detail and client service needed to deliver a successful project. I would highly recommend Kimley-Horn tor future traffic engineering projects. " -Jay Dinkins, Transportation Manager, City of Santa Monica, 310.458.8963, jay.dinkins@smgov.net "I'm an old timer, it takes a long time to get my trust. I have never had a problem with Kimley-Horn, Jean is especialy great. I'd hire you again in a hot minute." -Allyn Waggle, Deputy Executive Director (retired), Coachella Valley, Association of Governments, 760.346.1127, awaggle@cvag.org "Their work has always been completed and provided in the utmost professional manner within budget and schedule. The City of Downey has been very satisfied with Kimley-Horn s responsiveness and would not hesitate to hire this firm again. " -Edwin Norris, Deputy Director of Public Works, City of Downey, 562.904.7246, enorris@downeyca.org "The City has three to tour firms under our On-Call contract. I give Kimley-Horn the majority of the work. I consider Kimley-Horn as an augmentation of my staff. " -Cesar Romo, Traffic Signal System Coordinator, City of Santa Clarita, 661.286.4002, cromo@santa-clarita.com Kimley>>>Horn M1'N 120
EXHIBIT "D" SCHEDULE OF COMPENSATION A. The method of payment for this Agreement will be based on lump sum. The total lump sum price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in Section 1.1 Scope of Work. No additional compensation will be paid to Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lump sum compensation will not be effective until authorized by Agreement amendment and approved by City. B. Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant. If Consultant fails to submit the required deliverable items according to the schedule set forth in Section 1.1 Scope of Work, City shall have the right to delay payment or terminate this Agreement in accordance with the provisions of Section 8.3 Termination. C. Consultant shall not commence performance of work or services until this Agreement has been approved by City and notification to proceed has been issued by City's Contract Office. No payment will be made prior to approval of any work, or for any work performed prior to approval of this Agreement. D. Consultant will be reimbursed within thirty (30) days upon receipt by City's Contract Officer of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number and project title. Final invoice must contain the final cost and all credits due City that include any equipment purchased under the provisions of Section 2.7 Equipment Purchase. The final invoice must be submitted within sixty (60) calendar days after completion of Consultant's work unless a later date is approved by the City. Invoices shall be emailed to City's Contract Officer at the following email addresses: Vonda.Teed@palmspringsca.gov; Donn.Uyeno@palmspringsca.gov. E. The total amount payable by City shall not exceed Two Hundred Forty-Eight Thousand. Three Hundred Twenty-Nine Dollars ($248,329) 121
195.25% Overhead% Name
CllY OF PALM SPRINGS
HSIP Cycle 9 Traffic Signal Improvements
Federal-Aid Project No. HSIPL-5282(049); City Project No. 18-05
--· .. --.-~ -;..~--
Klmley-Hom and Associates, Inc.
Sutton Fares Agulgul
Sr. Sr.
Principal In Project QC/QA Professional II Professional I Professlona,I
194.64% Overhead% w/o FCCM category/Title Charge Manager
10% Fee% Direct Rate $85.82 $87.98 $95.44 $97.12 $73.63 $53.96
BIiiing Rate $278.67 $285.68 $309.91 $315.36 $239.09 $175.22
TukA: General ,, 4 68
~1 Project Management 2 20
~2 Meetings 2 24
~3 Schedule 24
Phase I • Plannlng, Environmental & Conceptual -
TakB: Dulan (31% ComDlate} 14 6 15 34 87
B.1 Prellmlnary Engineering Studies 2 4
B.2 Left-tum Phasing Analysis 4 2 8
B.3 Research of Record Information 2
B.4 Environmental 9 77
B.S Surveying and Topographic Mapping 2
B.6 Utllltles Coordination 4 8
B.7 Utility Pothollng 4
B.8 Right-of-Way 2 6
B.9 Preliminary Design (Conceptual Layout Plans, 35%) 8 4 8
B.10 Submlttals 2
Phae II • Engineering Design • Plana, -. 1-. -.,,.-,.. r.,. ,.
TakC: 40 Z4 ~~. 114 Specifications, and Estimates (PS&E) •1,..-. . :l:r. .J
C.1 Improvement Plan Preparation
C.1.a Title Sheet 1 6
C.1.b Detail Sheets 4 6 12
C.1.c Roadway Improvement Plans 5 4 35 60
C.1.d Traffic Signal Plans 14 8 18 36
C.1.e Timing Sheets 2 2
C.2 Communication Network Schematic 4 2
C.3 Technical Specifications 4 4 8
C.4 Opinion of probable Costs 4 4 4
c.s Construction Phase Authorization 2
----·
. '
Analyst
$38.06
$123.59
Z4
12
12
108
24
12
12
12
40
8
466
12
18
140
200
24
12
36
24
TakD Phue 111 • Construction Support 6 --. 18 .-0 ~ .. 56 . ' ,, ... ,
D.1 Pre-Construction Meeting 2 2
D.2 Construction 8 20
D.3 Questions/Design Change Requests 2 4 6
D.4 As-Built Drawings 2 4 30
..... •-'tr TOTAL HOURS 4 128 30 15 w 201 654 . ~ -. Subtotal Labor: ·s 1,114.68 $36,567A7 $ 9,297.21 $ 4,730.43 $29,407.69 $35,218.35 $80,825.34
.• c, Other Direct Costs
Labor Escalation
Potholing (CBelow, Inc.)
Mileage
Outside Printing/Plotting
'!';>· M ~• • • .. ..
1;•.-..-.. .. TOTAL COST: . .. ~ < •:, ,., ,-,
--
Project Klmley-Support Ol&A Project Horn Klmley-Horn Total ,CH&A Total Project ,Total
$29.89 Total Total Cost Total Cost Cost
$97.06 Hours Hours Hours
34 130 $ 26.II07.15 34 ·$ S.o&t.&O 164 $ 31Jl6&.75
20 42 $ 8,212.15 34 $ 5,061.60 76 $ 13,273.75
14 52 $ 10,255.57 52 $ 10,255.57
36 $ 8,339.43 36 $ 8,339.43
14 278 $ 48,668.26 166 $ 22,659.03 444 $ 71.327.29
2 8 $ 1,721.83 8 $ 1,721.83
38 $ 6,641.31 38 $ 6,641.31
14 $ 1,833.47 14 $ 1,833.47
86 $ 16,329.87 86 $ 16,329.87
2 16 $ 2,155.32 166 $ 22,659.03 182 $ 24,814.35
4 16 $ 2,746.30 16 $ 2,746.30
2 18 $ 2,938.60 18 $ 2,938.60
2 10 $ 2,259.36 10 $ 2,259.36
60 $ 10,381.24 60 $ 10,381.24
2 12 $ 1,660.98 12 $ 1,660.98 ..
20 735 · $ 115,347.15 u 735 $ 115,347.15 -. , .. ~ •: ""
~
19 $ 2,820.01 19 $ 2,820.01
40 $ 6,904.39 40 $ 6,904.39
12 256 $ 40,015.77 256 $ 40,015.77
276 $ 41,807.38 276 $ 41,807.38
2 30 $ 4,351.36 30 $ 4,351.36
18 $ 3,245.58 18 $ 3,245.58
2 54 $ 8,938.27 54 $ 8,938.27
2 38 $ 6,498.89 38 $ 6,498.89
2 4 $ 765.48 4 $ 765.48
6 86, $ U,520.83 -._. ~ ~-~-86 $ U,520.U
2 6 $ 1,243.65 6 $ 1,243.65
2 30 $ 4,578.53 30 $ 4,578.53
2 14 $ 2,463.35 14 $ 2,463.35
36 $ 5,235.30 36 $ 5,235.30
74 1229 200 14Z9
$ 7,182.22 $ 204,343.40 $ 21,no.&s $ 232,DM.03
$ 16,264.84 $ 16,264~
,) ~ . " $
~
$ ,, 2,579.84 2,579.84
-~ $ 12,215.00 ~ $ 12,215.00
~?o,, ' $ 970.00 i ~ ,.:" $ 970.00
~ $ 500.00 ',-$ 500.00
-· ·-1,.:.. s ,, ' $ ii"''-" $Z48,3Zl.8& '. U0.608.23 21,no.&J
122
IID ~ask iT•k Name
----l~ --------~ o ~ PUii IINIIIII· HSIP cycle I Traffic llgnal lmsnlMllllldl-11-0S
~9l ' -A:~.;·
2 ~ A.1 Pniject Ma,agemenl
-3 ~~
-----1
4 i~
~
~
~ ~ ~
~ ~ 19~
~
.~
~ ~-= ~
267-.: T ~
28 ~
_-29 -c
JO ; --;,:;~
32 ~
~ ~ ~ ~ ~ ·~ ~ ~
41~
8.4Envilomlnal
8.5 ~ & Topogrlllhlo Mapping
8.6 Ulllliu Coardlnatian
8.7 Ulllr Pothalilg
8.8 Rlghl,,d-Wa,
8.9 Pllllminay Dellgn (Canoeptual layout Plans, 35%)
B.10 Submittal
B.11 City Review
8.12RIWileSiblillll
C.1.2DIIIIShaela
C.1.3 Rllladny I~ Plana
C.1.4 Tllllio Signal Plana
C.1.5 Thing Sheela
C.1.6 CDnnunlclllart/NlllworkSGhemllc
C.1.7 Tldrical SpedlDallona
C. 1.8 Oplnlan of Probable Cocll
C.2 Submittal
C.3 City Review
C.4RewileWlmillll(100%PS&E)
C.5 City & Ca/trans Review
C.8FlnalzaSIDlillal
C.7 Rnal Submittal
C.8 ConllruclilJn Phase Aulhorlzallon
D • .....-a:-Conllrudon aipport
D .1 Pr~onstructi';n Meeting
D.2eor.truallon
D.2.1 ~ Chqe Raqullta
i>.3A&U Drawings
•
Dllfl>h---~""Wll)-lt\'11.1._,,,,,.,onoaN ~111 .. ...,_,_ _ __,_d_lf'!IUllcf~INCIT er -~ft~~-.... llo~ft........,.......,_~ ~-..... -~ .. ----"""'"_""_ -t,---1111.~ .. rallol-.1>e.a,, .. -.dllrjl.-. _,_._ .. IOJ~.,./ivCIUlcf«.lr,.,iolhtCOW>4tYN,.
EXHIBIT "E"
SCHEDULE OF PERFORMANCE
]Duration
i ~-
Wdayt
1Staft 1Finlsh ·1 Predecessors I i atrl,2021 latrz.2021 . Jatrl.2021 !Qtr4.2021 , jQtr1,2022 :QlrZ. j I . -------;_Nov _LDec _, J.,_Lftb __J_IMr_J__Apr _l_May ..__JU11 _L_Jul~I_Aug _j_s.p_J_~_LNov_1_01c_J.. __ _1.,_._Feb+• I-~-]
Ulclayl
328da'ja
328 days
328da'ja
141 'dlyl
15da'ja
35da'ja
15 da'/11
'61 clav•
40 da'/11
35clava
20 da'/11
30 da'/11
35 da'/11
Odays
20days
tSda'/11
20 days
25da'/8
111dayt
3f;,.
31 da'/11
31 da'/11
31 da'/11
31 clave
31 darts
31 darts
31 darts
31 darts
Odays
20days
20da,s
20days
16 da'/11
Odays
82daya
'123c1ay1
1 day
107 da'/11
107darts
15da,s
T .. 1211120 Thu 313122 ,
Ta 12111Jt1 Thu 313122
T .. 1211120 11w m
Tue 12/1'20 Thu 3/3122
Tue 12/1/20 Thu 3l3l'l2
Wed 121212i1 Wecf 1121121
wed1imio
Wed 17/2/20
T11112/22QO 2SS+t dav,3SS+1 -.
Tue 1/19flt 6SS I
Wed 12/l/20 Tua 12/22QO 8SS
Wed 12/l/20 Wed 2/241'21 8SS
Wed 12/l/20 Tua 1128/21 6SS
Wed 17/2/20 Tua 1/19flt 6SS
Thu 3Q5Q1 Wed 4121121 16
Wed 17/2/20 Tue 1112/21 6SS
Wed 17/2/20 Tua 1/19fl1 6SS
Wed 2124121 Wed 2124121
Thu 212.5121 Wed 3/24121 15
Thu 3125Q1 Wed 4114121 16
Thu 4122/21 Wed 5119121 17, 12
Thu 5QOQ1 Wed 6123121 18
wei 11211121 11on 1111121
wed 1QQQ1 wed °wit 14
Wed 1QO!lt Wed 313121 14
Wed tQOflt Wed31'Jfl1 14
Wed 1QO!l1 Wed 313121 14
Wed 1QO!l1 Wed 3/3121 14
Wed tQOfl1 Wed 313121 14
Wed tQOfl1 Wed 313121 14
Wed 1QO!l1 Wed 31'Jfl1 14
Wed 1QO!l1 Wed 3/3121 14
I
I
I
I
Wed 313121
Thu 314121
Thu4/1fl1
Wed 313121
Wed 3131121
Wed4128121
21,22,23,24,25,24,~
Thu 4129121 Wed 5/26121
Thu 5/'l7fl1 Thu 6117fl1
30 I
31 I
32
33
Thu 6117121 Thu 6117121 34
Fri 6118121 Mon 9/13l21 35
T• 1114/21 Thu 313122
r'ii"e 9 /14121 Tue 9/14121 36
Wed 9/15fl1 Thu 2/10fl2
Wed 9/15fl1 Thu 2/10fl2 38
Fri 2/11fl2 Thu 3l3l'l2 40,2FF,3FF,4FF
C
I),
&/17
•
Palm Springs• HSIP Cycle 9 Traffic Signal lmprm,ements • 18-05
Tue 10/13/20
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