HomeMy WebLinkAbout1F OCRCity Council Staff Report
DATE: January 28, 2021 CONSENT CALENDAR
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO SUPERIOR PAVEMENT
MARKINGS, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF
$208,804 FOR THE TRAFFIC CALMING PROJECT FY20-21, CITY
PROJECT NO. 20-24.
FROM: David H. Ready, City Manager
BY: Development Services Department
SUMMARY:
Award of this contract will allow the City to proceed with construction of Traffic Calming
Project FY20-21, City Project No. 20-24.
RECOMMENDATION:
1. Award a construction contract (Agreement No. ___ ) to Superior Pavement
Markings, Inc., a California corporation, in the amount of $208,804 for the Traffic
Calming Project FY20-21, City Project No. 20-24; and,
2. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
The Public Integrity Disclosure Form from Superior Pavement Markings, Inc., is included
as Attachment 1.
BACKGROUND:
On September 10, 2020, the City Council approved the following traffic calming requests
for various neighborhoods:
• Desert Highland Gateway Estates Neighborhood: Installation of three sets of
rubberized speed cushions ("speed humps"), associated signage, and striping on
Tramview Road between Eastgate Road and El Dorado Boulevard;
nm No._-.-, _Y..._._
City Council Staff Report
January 28, 2021 --Page 2
Traffic Calming Project FY20-21, CP 20-24
• Desert Highland Gateway Estates Neighborhood: Installation of three sets of
rubberized speed cushions ("speed humps"), associated signage, and striping on
Rosa Parks Road between Eastgate Road and El Dorado Boulevard;
• Demuth Park Neighborhood: Installation of one set of rubberized speed cushions
("speed humps"), associated signage, and striping on Mesquite Avenue between
El Cielo Road and Mountain View Drive;
• Demuth Park Neighborhood: Installation of one set of rubberized speed cushions
("speed humps"), associated signage, and striping on Mesquite Avenue between
Park Access Road and Nueva Vista Drive;
• Demuth Park Neighborhood: Installation of solar powered LED stop signs at
Mesquite Avenue/ Park Access Road and at Mesquite Avenue/ Calle Santa Cruz;
• Melody Ranch Neighborhood: Installation of parking lane and traffic striping
along both sides of Seven Lakes Drive from Cherokee Way to Gene Autry Trail,
and authorization to install two speed feedback signs if recommended by the City
Engineer after further evaluation of the effects of the parking lane and traffic
striping;
• Little Tuscany Neighborhood: Modification of existing traffic calming devices on
West Racquet Club Road to eliminate one temporary traffic circle previously
installed between Leonard Road and Tuscan Road;
• Tahquitz River Estates Neighborhood: Installation of three sets of rubberized
speed cushions ("speed humps"), associated signage, and striping on South
Riverside Drive between Camino Real and Sunrise Way;
A copy of the staff report is included as Attachment 2.
STAFF ANALYSIS:
Staff assembled these traffic calming requests into one capital project identified as the
Traffic Calming Project, City Project No. 20-24 (the "Project").
On October 24 and 31, 2020, staff advertised the Project for bids in the Desert Sun,
submitted the Notice Inviting Bids to plan rooms, and provided the contract documents to
prospective bidders. On the bid deadline of 3:00 P.M. on December 1, 2020, the
Procurement and Contracting Division did not receive any bids on this project.
In the event the City does not receive a formal bid, the City's municipal code provides for
direct negotiation. Specifically, Palm Spring Municipal Code section 7.03.030 (3)(d)
states:
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City Council Staff Report
January 28, 2021 --Page 3
Traffic Calming Project FY20-21, CP 20-2 4
In the event that bids or proposals for any supplies or services are solicited and no
bids are received at the time and place established by the applicable bid invitation,
the City Manager shall have the authority to authorize the Director of Procurement
and Contracting to negotiate directly with potential vendors and enter into a
contract for the provision of such supplies or services.
As a result, staff reviewed similar projects completed by cities in the southern California
region , and found that Superior Pavement Markings Inc. (Superior), provided similar
services throughout Southern California , including the City of Palm Springs. This
contractor has helped our Maintenance and Facilities Department on multiple street
projects, including the most recent Arenas Drive asphalt speed tables, with associated
striping and signage.
Staff contacted Superior to request a cost proposal to provide the required traffic calming
device installations with associated striping and signage installations . A copy of their cost
proposal in the amount of $208 ,804 is included as Attachment 3. Staff recommends the
City Council award a construction contract to Superior, in the amount of $208 ,804 for this
project; a copy of the contract is included as Attachment 4 .
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are
required to include a list of classes of projects which have been determined not to have
a significant effect on the environment and which are exempt from the provisions of
CEQA. In response to that mandate, the Secretary for Resources identified classes of
projects that do not have a significant effect on the environment, and are declared to be
categorically exempt from the requirement for the preparation of environmental
documents . In accordance with Section 15301 "Existing Facilities," Class 1 projects
consist of the operation , repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public structures , facilities, mechanical equipment or topographical
features involving negligible or no expansion of use beyond that existing at the time of the
lead agency's determination. Therefore, in accordance with Section 15301(c), Staff has
determined that installation of traffic calming equipment on existing City streets is
considered categorically exempt from CEQA.
FISCAL IMPACT:
The estimated cost of the Project is identified in Table 1.
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City Council Staff Report
January 28, 2021 --Page 4
Traffic Calming Project FY20-21, CP 20-24
Available Funds
Special Gas Tax (133-4298-50190)
Amount
$242,728
Unscheduled Capital Projects (133-4298-50000) $20,000
Total Funds Available $262,968
Proiect Costs Amount
Desian Services (City Staff) {$5,000)
Proiect Administration (Estimated) ($5,000)
Construction Inspection (Estimated) ($15,000)
Construction Cost ($208,804)
Construction Continaencv ($20,900)
Total Cost ($254,704)
Remaining Funds: $8,264
Table 1
Sufficient funds are available in the Special Gas Tax Fund (133) to cover the cost of the
project.
SUBMITTED:
l 1:. · -1 ~ ·nn Fagg, AICP
Director of Development Services
:.~~~ David H. Ready, Pl{D. ~
City Manager
Attachments:
1. Public Integrity Disclosure Form
2. Staff Report Dated 09/01/20
3. Cost Proposal
4. Construction Contract
Marcus L. Fuller, MPA, PLS, PE
Assistant City Manager
4
Attachment 1
5
1.
2.
3.
4.
5.
Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Superior Pavement Markings, lnc.
Address of Entity (Principle Place of Business)
5312 Cypress St Cypress CA 90630
Local or California Address (If different than #2)
State where Entity Is Registered with Secretary of State
California
If other than Cslifomia, is the Entity also registered in California? n Yes ~o
Type of Entity
~ Corporation D Limited Liability Company D Partnership O Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify)
Note: If sny response Is not a natural person, please identify sll officers, directors,
members, managers and other fiduciaries for the member, manager, trust or other entity
Darren Veltz ~Officer O Director D Member D Manager
[name)
D General Partner D Limited Partner
•Other
Robert Garcia &i Officer D Director D Member D Manager
[name]
O General Partner D Limited Partner
•Other
John Lucas Q( Officer O Director D Member D Manager
[name]
D General Partner D Limited Partner
•Other
CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Page 1 of 2
(Revised 05/16/19) 6
7. Owners/Investors with a 5% beneflolal interest in the Aoollcant Entitv or a related entJtv
EXAMPLE
JANEDOE 50%, ABC COMPANY, Inc.
(name of owner/Investor] [percentage of beneficial interest In entity
and name of entJtvl
A.
Darren Veltz 50% Superior Pavement Markings, Inc.
[name of owner/Investor] [percentage of beneficial Interest In entity
and name of entity]
B.
John Lucas 50% Superior Pavement Markings, Inc.
[name of owner/investor] [percentage of beneficial Interest In entlty
and name of entitvl
C.
(name of owner/Investor] (percentage of beneficial interest In entity
and name of entity]
p .
(name of owner/Investor} (percentage of beneficial Interest In entity
and name of entJtvl
E.
(name of owner/investor] [percentage of beneficial Interest In entity
and name of entitvl
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE F GOING IS TRUE AND CORRECT.
Date
January 12, 2021
PENALTIES
Falsification of information or failure to report information required to be reported
may subject you to administrative action by the City.
(Revised 05/16/19)
CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Page 2 of 2
7
Attachment 2
8
City Council Staff Report
DATE: September 10, 2020 CONSENT CALENDAR
SUBJECT: APPROVAL OF FIVE TRAFFIC CALMING REQUESTS IN THE AMOUNT OF
$150,000 WITHIN THE CITY, AND AUTHORIZATION TO PURCHASE AND
IMPLEMENT THE TRAFFIC CALMING MEASURES
FROM:
BY:
SUMMARY:
David H. Ready, City Manager
Development Services Department
The City adopted a Neighborhood Traffic Calming Program in 2002, to facilitate a cooperative
process with neighborhoods that have identified traffic concerns warranting review and
resolution by the City.
The Engineering Services Division is currently coordinating with several neighborhood
organizations on various traffic calming requests, primarily related to speeding traffic and/or "cut-
through" traffic. The range of traffic calming solutions include radar speed feedback signage,
traffic striping, speed cushions, or traffic circles.
This item presents five different traffic calming requests that have followed the procedures
outlined in the City's Neighborhood Traffic Calming Program and are now recommended for
approval by the City Council and implementation by the City. Funding for this action is budgeted
and available in the Gas Tax Fund (Fund 133).
RECOMMENDATION:
1. Approve the following traffic calming requests:
a) Desert Highland Gateway Estates Neighborhood: lnstattation of three sets of
rubberized speed cushions ("speed humps"), associated signage, and striping on
Tramview Road between Eastgate Road and El Dorado Boulevard;
b) De sert Highland Gateway Estates Neighborhood: Installation of three sets of
rubberized speed cushions ("speed humps"), associated signage, and striping on Rosa
Parks Road between Eastgate Road and El Dorado Boulevard;
ITEM NO • .1.T
9
City Council Staff Report
September 10, 2020 --Page 2
Approval of Traffic Calming Measures
c) Demuth Pa rk Neighborhood: Installation of one set of rubberized speed cushions
("speed humps"), associated signag e, and striping on Mesquite Avenue between El Cielo
Road and Mountain View Drive;
d) Demuth Pa rk Neighborhood: Installation of one set of rubberized speed cushions
("speed humps"), associated signage, and striping on Mesquite Avenue between Park
Access Road and Nueva Vista Drive;
e) Demuth Pa rk Neighborhood: Installation of solar powered LED stop signs at Mesquite
Avenue/ Park Access Road and at Mesquite Avenue/ Calle Santa Cruz;
f) Melody Ranch Neighborhood: Installation of parking lane and traffic striping along both
sides of Seven Lakes Drive from Cherokee Way to Gene Autry Trail, and authorization to
install two speed feedback signs if recommended by the City Engineer after further
evaluation of the effects of the parking lane and traffic striping;
g) Little Tuscany Neighborhood: Modification of existing traffic calming devices on West
Racquet Club Road to eliminate one temporary traffic circle previously installed between
Leonard Road and Tuscan Road;
h) Tahquitz River Estates Neighborhood: Installation of three sets of rubberized speed
cushions ("speed humps"), associated signage, and striping on South Riverside Drive
between Camino Real and Sunrise Way;
2 . Authorize Staff to purchase and implement the traffic calming measures at a cost not to
exceed $150,000; and
3. Authorize the City Manager to execute all necessary documents.
BACKGROUND:
In 2002, the City Council approved a Neighborhood Traffic Calming Program to address
neighborhood concerns over traffic safety, traffic speeds, traffic volumes , and cut-through traffic;
a copy of the staff report and Neighborhood Traffic Calming Program is included as Attachment
1.
The primary purpose of the City's Neighborhood Traffic Calming Program is to provide a
systematic approach to address these various requests, to implement a communication
structure, to obtain objective data, and to demonstrate resident support to determine the
recommended traffic calming measure for implementation. Traffic calming is intended to reduce
the speed of traffic and the reby increase traffic safety and improve the quality of life for residents
living on the street.
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City Council Staff Report
September 10, 2020 •· Page 3
Approval of Traffic Calming Measures
The Neighborhood Traffic Calming Program addresses many traffic related issues by working
closely with residents to identify existing problems, define neighborhood goals, and develop
neighborhood support. The Program relies heavily on community participation and action. After
development of a neighborhood-driven traffic-calming plan, actions may be implemented using
a staged approach.
STAFF ANALYSIS:
In accordance with the Neighborhood Traffic Calming Program, Staff has received a Community
Action Request Form (GARF) from residents in various neighborhoods requesting the City to
investigate speeding and other traffic issues on various streets . The CARF documents the traffic
issues, a proposed traffic calming solution based on options identified in the Program, and
demonstrates initial support for the proposed traffic calming measures with signatures from
residents of the neighborhood.
A Working Group comprised of residents is established with each neighborhood that submits a
GARF with whom Staff directly communicates and coordinates on each step of the traffic calming
process. Through a deliberative process that includes obtaining objective traffic data (speed
surveys, traffic volumes, pedestrian counts, etc.), recommended traffic calming measures are
identified, and the Working Group coordinates direct outreach to residents within their
neighborhood on the process and recommended traffic calming measures.
Following is a summary of the traffic calming requests submitted by residents in the following
neighborhoods:
Desert Highland Gateway Estates Neighborhood
In May 2015 residents within the Desert Highland Gateway Estates Neighborhood submitted a
GARF to evaluate traffic speeding on Eastgate Road. A Working Group of residents from the
neighborhood was formed and a specified study zone was created with input from the working
group. The initial request was installation of speed cushions on Eastgate Road, with an all-way
stop at Rosa Parks Road / Eastgate Road. An initial meeting with the Working Group was held
September 2, 2015.
In January 2016, a survey was conducted within the specified study area to see if the installation
of speed cushions along Eastgate Road was supported by the neighborhood, however, the
survey yielded few responses. Due to lack of response, the traffic calming request was deferred
until the Working Group identified alternative locations for traffic calming measures.
In November 2018, the Working Group identified Tramview Road and Rosa Parks Road as
streets to evaluate for traffic calming measures to address a pervasive issue with high traffic
speeds for cut-through traffic. The Working Group requested that a speed survey to evaluate the
traffic speeds and the feasibility of speed cushion installations. In April 2019 the City
commissioned a formal speed survey and evaluation report for Tramview Road and Rosa Parks
Road between Eastgate Road and Indian Canyon Drive by the City's on-call traffic engineering
3 11
City Council Staff Report
September 10, 2020 •· Page 4
Approval of Traffic Calming Measures
firm, Albert A. Webb & Associates, ("Webb"). The study area is shown in Figure 1 on the next
page.
Figure 1
On March 19, 2019, Webb completed a traffic speed survey and vehicle count of these two
streets . Base d on this survey, Webb determined that the 85th percentile speed 1 on Tramview
Road was 42 miles per hour (mph), and that the 85th percentile speed on Rosa Parks Road was
44 mph. Each of these streets are located in residential neighborhoods and are posted at 25
mph speed limit. The traffic speed survey confirmed a speeding problem on these streets that
warranted further evaluation of traffic calming measures.
The Working Group requ ested Staff to pursue insta llation of speed cushions as a traffic calming
measure to address the high speed of traffic on these streets.From December 2019 to February
2020, Staff met with the Working Group at the James O Jessie Desert Highland Unity Center to review
the survey process and the Neighborhood Traffic Calming Program. Pursuant to the Program's
procedures, a formal survey of resid ents along these streets is required to determine support or
opposition to the traffic calming measure.
In lieu of formal mailing by the City, in this case the Working Group requested a hand delivery
of the traffic calming ballots to each individual property owner. The traffic calming survey period
closed on February 7, 2020. Despite hand delivery and an extended survey period, the Working
Group was unable to obtain the Program's required 67% response rate . However, of those
ballots received, 99% of the residents support the speed cushion installation .
Staff recognizes the Working Group's efforts in this process, and given the confirmation of a high
speed problem on these streets, Staff recommends the City Council authorize installation of
three sets of speed cushions on each street as shown in Figure 2 on the next page.
1 The aa51h percentile speed" is a term u sed in the Cal ifornia Vehicl e C ode and is defined as the speed at or below
which 85% of traffic is moving, and is the factor used to dete rmine what speed the majority of drivers find safe and
reasonable. Practice is to set speed limits at the 85th percentile speed; however, in residential neighbo rhoods a
lower speed prima facie speed limit of 25 mph may be allowed .
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City Council Staff Report
September 1 o, 2020 •• Page s
Approval of Traffic Calming Measures
Figure 2
5
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City Council Staff Report
September 10, 2020 •· Page 6
Approval of Traffic Calming Measures
Demuth Park Neighborhood
In May 2016, residents living on Mesquite Avenue submitted a GARF to address speeding
concerns and high volumes of cut-through traffic. In accordance with the Neighborhood
Traffic Calming Program, a Working Group was formed, and a specified study zone was
created with input from the Working Group. The initial request at that time was to evaluate
traffic calming measures to implement in ways to reduce the prevailing speed of traffic along
Mesquite Avenue.
At that time, Staff recommended installation of edge line striping to narrow the westbound
20 feet wide lane to designate a 12-feet wide travel lane and adjacent 8-feet wide parking
lane. The striping was completed in late summer 2016.
After implementing this traffic calming measure, residents advised Staff that a speeding
problem remained, and the Working Group was reactivated to further evaluate solutions.
In late 2017 Staff requested the City's on-call traffic engineering consultant, Webb, to
complete a traffic engineering and speed survey. In February 2018 Webb prepared a fonnal
survey that detennined the 85th percentile speed was 35 mph in accordance with the posted
speed limit of 35 mph. However, Webb also identified that the street satisfied the definition
of a "Residence District" in the Vehicle Code, allowing for a prima facie speed limit of 25
mph to be set.
Accordingly, Staff recommended the City Council establish a 25 mph speed limit for
Mesquite Avenue; on May 1, 2019, the City Council adopted Ordinance No. 1988 to reduce
the speed limit from 35 mph to 25 mph on the basis of the traffic engineering and speed
survey prepared by Webb. At that time, the City Council also approved Staff's
recommendation to establish all-way stop controlled intersections on Mesquite Avenue/
Park Access Road and Mesquite Avenue/ Calle Santa Cruz.
On January 6, 2020, the Working Group contacted Staff to determine the effectiveness of
the speed limit reduction and stop sign installations. The Working Group advised Staff that
the new stop signs were effective, but excessivE;l speeding remained an issue.
On January 23, 2020, a traffic speed survey was completed on Mesquite Avenue between
El Placer Road and Nueva Vista Drive and found that the 85th percentile speed was 34 mph,
with 55% of vehicles in excess of 31 mph, exceeding the posted 25 mph speed limit. As a
result, Staff coordinated with the Working Group on possible locations for speed cushions
and solar powered LEO stop signs. There was consensus as to the location of the LED stop
signs, but no consensus was reached on the locations of speed cushions.
Recommending the approval for the location for speed cushions requires consensus by both
the Working Group as well as residents of properties located immediately adjacent to the
proposed speed cushions. Certain members of the Working Group requested speed
cushions to be installed near their homes while other residents also requested speed
cushions installed near their homes, while other residents did not support speed cushion
installation near their home. When a resident opposes the installation of a speed cushion
near their home, Staff reevaluates the location and attempts to find a comprise.
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City Council Staff Report
September 10, 2020 --Page 7
Approval of Traffic Calming Measures
Staff notes that in this case there was not consensus for installation of speed cushions on
Mesquite Avenue between Calle Santa Cruz and Vella Road, as some residents supported
while some residents opposed this measure. On this basis and given that this segment of
Mesquite Avenue is only 600 feet long and is between all•way stop controlled intersections,
installation of speed cushions is not recommended.
Staff also notes that recently Staff received a request from the resident living at 3532 E.
Mesquite Avenue to consider installation of speed cushions on the most westerly segment
of Mesquite Avenue between El Cielo Road and Mountain View Drive.2 As shown in Figure
3 below, this address is the only property with direct access to Mesquite Avenue along this
segment of Mesquite Avenue, and this segment lacks the other traffic calming measures
(raised landscaped median improvements) extended along Demuth Park. A set of speed
cushions is warranted along this segment to address the high speed of traffic .
Figure 3
Based on the data collected and recommendations from the Working Group and other
residents, Staff recommends the installation of one set of speed cushions on Mesquite
Avenue between El Cielo Road and Mountain View Drive, and new solar powered LED stop
signs on Mesquite Avenue / Park Access Road and Mesquite Avenue/ Calle Santa Cruz -
to further highlight these new stop signs installed last year. A diagram showing the
recommended traffic calming measures is provided as Figure 4 on the next page.
2 Staff further notes that the resident has offered to provide the City with a $2,000 donation towards the cost
of these speed cushions.
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City Council Staff Report
September 10, 2020 •· Page 8
Approval of Traffic Calming Measures
Figure 4
8
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City Council Staff Report
September 10, 2020 .. Page 9
Approval of Traffic Calming Measures
Melody Ranch Neighborhood
In December 2017 the Canyon Sands HOA Board of Directors submitted a request to the
City to consider installation of all-way stop controls on Seven Lakes Drive / Linden Way and
Seven Lakes Drive / Miramonte Circle.
In October 2018 a traffic counts were completed for the two intersections and based on the
volumes present warrants for an all-way stop controlled intersection were not satisfied.
However, the traffic speed survey completed at that time did identify an 851h percentile speed
of 39 mph on Seven Lakes Drive between Cherokee Way and Gene Autry Trail, in excess
of the prima facie speed limit of 25 mph.
In December 2019, representatives of the Canyon Sands HOA met with Staff to discuss
possible traffic calming measures to implement along Seven Lakes Drive. A CAAF was
submitted and a specified study zone was created with input from the Working Group. Based
on the traffic data previously collected, installation of traffic calming measures is warranted.
In February 2020, the Working Group expanded to include a representative from the Seven
Lakes HOA, and in April 2020, the study zone was expanded to include the Oasis Resort.
At that same time, separate from the traffic calming analysis that was coordinated by Staff
with the Working Group, the owners of the Parker Hotel submitted to the City for review and
approval an application to expand the Parker Hotel. As part of that application the City
required review of certain traffic issues caused by the hotel expansion, and on April 2, 2020,
the City Council approved Parker Hall expansion.
Included as part of the City's conditional approval of the Parker Hotel expansion is
Engineering Condition 51 that addressed traffic calming issues raised by the Canyon Sands
HOA. Installation of traffic striping and all-way stop controlled intersections immediately
adjacent to the Parker Hotel were required of the owner of the Parker Hotel as part of their
project.
However, implementation of traffic calming measures on Seven Lakes Drive that were
previously analyzed by Staff in response to the Canyon Sands HOA were deferred for action
separately by the City. City Council also directed staff to continue coordination on these
traffic calming measures with all affected HOAs (Canyon Sands, Seven Lakes, Oasis
Resort).
The traffic calming measures identified by Staff for implementation on Seven Lakes Drive
include two measures:
1. Installation of two digital speed feedback signs (one in each direction) as shown in Figure
5 on the next page; and
2 . Installation of parking lane and traffic striping along both sides of the street to narrow the
20-feet wide lane to a 12-feet wide travel lane and 8-feet wide parking lane as shown in
Figure 6 on the next page;
9 17
City Council Staff Report
September 10, 2020 --Page 1 0
Approval of Traffic Calming Measures
Figure 5
Figure 6
On May 12, 2020, Staff sent a letter to the Melody Ranch communities requesting comments
regarding the installation of the two traffic calming measures. In response, all three
communities support traffic calming measure #2 (parking lane and traffic striping); however,
only the Canyon Sands HOA is supportive of traffic calming measure #1 (digital speed
feedback signs). Correspondence on this item is included as Attachment 2.
In the objections to installation of digital speed feedback signs by Oasis Resort and Seven
Lakes HOA, staff notes a request for the speed survey study (this data was provided to the
Working Group and has since been provided to the HOA). Further, in response to the
objections identified in the Seven lakes HOA letter, Staff comments as follows :
1. We never received a copy of the current speed study. We don't know when this study
occurred, what time or times of day were analyzed, and what direction the cars were
traveling (east/west/or both). Unlike Canyon Sands, we were not asked to provide input
regarding this study until after your decision was determined. We question why calming
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City Council Staff Report
September 1 O, 2020 --Page 11
Approval of Traffic Calming Measures
measures are now required, when we heard previously studies indicated they were not
necessary.
In this case, Staff used its traffic engineering consultant (Counts Unlimited) to perform
traffic speed and vehicle counting to identify the prevailing speed of traffic (east and west
directions) on Seven Lakes Drive between Cherokee Way and Gene Autry Trail, and to
count the volume of cars entering the various intersections. The speed survey was
completed on October 3, 2018 and determined an 85th percentile speed of 39 mph
(eastbound) and 41 mph (westbound). The Working Group was not required to inform
how the speed survey was conducted. Traffic calming measures deemed not necessary
in 2018 were installation of an all-way stop control on Seven Lakes Drive at Miramonte
Circle given lack of sufficient volume of side street traffic on Miramonte Circle.
2. The cost of the "feedback signs" is estimated to run tens of thousands of dollars and it is
not clear that the Parker has to cover this cost as part of their Project. We assert that, at
a time of fiscal austerity for the City of Palm Springs, this cost is premature, excessive,
and unnecessary.
A speed feedback sign can cost $25,000; however, it can be installed where it may be
relocated to other locations that warrant its installation . Funding for traffic calming
measures is currently budgeted in the City's Special Gas Tax Fund, and not from General
Fund or the Measure J Capital Fund. Speed feedback signs are preferred over speed
cushions due to the ease with which they are relocated to alternative locations.
3. A less costly traffic calming alternative would be to put two additional stop signs halfway
down Seven Lakes Drive between Linden Way and Gene Autry, for example at
Miramonte. In addition, signs indicating the 25 mph speed limit should be posted advising
drivers to slow down. Currently, drivers do not know what speed limit exists on Seven
Lakes Drive.
Staff notes and cautions that installation of all-way stop controls are not recommended
unless warranted, and should not be used as a traffic calming measure to slow the speed
of traffic. Unwarranted stop signs can lead to an increase in the number of traffic
accidents and reduced traffic safety.
The comment regarding speed limit signs is acknowledged; Staff has scheduled
installation of 25 mph speed limit signs as a further measure to educate the public
regarding the speed limit on Seven Lakes Drive and will use this as another effective
means of assessing the effectiveness of the parking lane and traffic striping
recommended for installation .
4. After the conditions are imposed on the Parker project as indicated in your May 12'h
letter, new traffic control and speed studies should be done to determine if the proposed
"feed back" signs are necessary and the additional cost warranted.
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City Council Staff Report
September 10, 2020 •· Page 12
Approval of Traffic Calming Measures
Staff agrees. Staff's recommendation is to authorize installation of the digital speed
feedback signs only after implementation of traffic calming measure #2 (parking lane and
traffic striping) and a subsequent traffic speed survey to determine the effectiveness of
the traffic calming measure. In this case, Staff recommends deferring any decision by
the City Engineer to install digital speed feedback signs until: (1) the Parker Hotel
expansion is completed, and its traffic measures are implemented (i.e. all-way stop
controls at Cherokee Way and Linden Way); and (2) one-year after implementation of all
other traffic calming measures. If a subsequent traffic speed survey determines the 85th
percentile speed is at least 10 mph over the posted speed limit (i.e. 35 mph), Staff
recommends implementation of traffic calming measure #1 (digital speed feedback
signs) subject to available funding at that time.
5. Until the Parker Project is completed, the traffic flows and speeds on Seven Lakes are
unknown and completely speculative. Once the project is done and operational, new
traffic and speed studies should be done.
Staff agrees. See response above.
6. We question the need for "feedback signs" on Seven Lakes Drive since no attempt has
been made at speed enforcement, posted speed limit signs do not exist, and no sharing
of automobile speed studies has occurred.
Staff continues to coordinate with the Police Department on targeted speed enforcement,
has scheduled installation of speed limit signs, and has provided the 2018 traffic speed
survey data. Installation of digital speed feedback signs will only be installed if the other
recommended traffic calming measures are not effective.
At this time, Staff recommends installation of traffic calming measure #2 (parking lane and
traffic striping), and deferral of traffic calming measure #1 (digital speed feedback signs) with
authorization to the City Engineer to install at a later date as noted in response #4 to the
Seven Lakes HOA comments.
A diagram showing the recommended traffic calming measures is provided as Figure 7 on
the next page.
1 2 20
City Council Staff Report
September 1 o, 2020 -· Page 13
Approval of Traffic Calming Measures
1) Installation of speed feedback signs on Seven Lakes Drive
2) Installation of designated on-street parking spaces with 'Ts" and ~L's" along Seven Lakes Or.
-.,..-.. ·------·
Figure 7
13
21
City Council Staff Report
September 10, 2020 --Page 14
Approval of Traffic Calming Measures
Little Tuscany Neighborhood
In June 2015, representatives of the Little Tuscany Neighborhood met with Staff to discuss
possible traffic calming measures to implement along W. Racquet Club Road. A CARF in
accordance with the Neighborhood Traffic Calming Program was submitted and a specified
study zone was created with input from the Working Group.
In 2016, a survey was conducted of the study area and found the community to be in favor
of the installation of speed cushions and, on September 7, 2016, the City Council authorized
$30,000 for the purchase and installation of speed cushions at two locations along W.
Racquet Club Road between Leonard Road and Junipero Avenue. However, subsequent to
the City Council's approval, the Little Tuscany Neighborhood formally requested Staff to
defer installation of speed cushions in lieu of traffic circles.
Over the course of a year, Staff developed conceptual designs to install traffic circles at three
locations along W. Racquet Club Road at Janis Drive, Palermo Drive, and Cardillo Avenue .
These traffic circles were estimated to cost $230,000 and were deferred.
On November 1, 2017, City Council reauthorized the installation of three sets of speed
cushions on W. Racquet Club Road at a cost of $30,000. However, resident opposition to
speed cushions deferred their implementation, and Staff continued to coordinate with the
Working Group on alternatives.
In August 2018, Staff met with residents to alternatives and confirmed that traffic "chicanes,"
horizontal deflections via striping and bollards, was a favorable and less expensive
alternative to traffic circles. A traffic chicane is shown in Figure 8 below.
Fi gure 8
In June 2019 Staff finalized design details for installation of traffic chicanes on W. Racquet
Club Road between Vista Dr. and Palermo Dr., Leonard Road and Tuscan Road, and
Cardillo Ave. and Junipero Ave. The Working Group and residents of Little Tuscany
approved installation of the traffic chicanes. Diagrams showing each traffic chicane are
provided as Figures 9, 1 O, and 11 on the following page.
14 22
City Council Staff Report
September 10, 2020 --Page 15
Approval of Traffic Calming Measures
D l
J..~.
lj . J.
Figure 9 (Vista Dr. to Palermo Dr.)
'"" : 1-
., ~.s·
I
• ,.-:-713!>''
11-1 ___,....;;.;,..........;...~~-t-1.~7 ~
19· u ~ ..._...~---t--------------------i
--=li=l""I'------
I, :1 130· 4~•
T T /
--~~---------~-
Figure 11 (Cardillo Ave. to Junipero Ave.)
In January 2020 Staff completed the installation of the traffic chicanes. Subsequently, Staff
completed a traffic speed survey in February 2020 identifying a reduction in the 85th
percentile speed from 40 mph (pre traffic calming) to 34 mph (post traffic calming).
After installation of the traffic chicanes, Staff received complaints regarding the aesthetics
of the traffic delineators and striping, and elimination of on-street parking . Although the
layout, materials, and design of the traffic chicanes were approved by the Working Group, a
modification to the design has been requested. Staff has developed a modification to the
traffic chicane design, and recommends City Council authorize the purchase and installation
of additional delineators to modify the existing traffic calming devices to address the
aesthetics and parking issues raised by residents. A diagram showing the recommended
traffic calming measures is provided as Figure 12 on the next page.
15 23
City Council Staff Report
September 10, 2020 --Page 16
Approval of Traffic Calming Measures
Figure 12
16
24
City Council Staff Report
September 10, 2020 •· Page 17
Approval of Traffic Calming Measures
Tahquitz River Estates Neighborhood
In May 2019, the residents along South Riverside Drive submitted a CARF in accordance
with the Neighborhood Traffic Calming Program. A specified study zone was created with
input from the Working Group. In July 2019, speed data and vehicle volumes were collected
along South Riverside Drive and speed cushion warrants were evaluated.
Although traffic volumes were low, the traffic speed survey identified an 85th percentile speed
of 40 mph on the local residential street, with 81 % of the vehicles driving above the posted
speed limit of 25 mph, and 62% driving in excess of 31 mph.
In October 2019, a traffic calming survey was distributed within the specified study zone to
determine if installation of four sets of speed cushions along S. Riverside Drive was
supported. The results of the survey concluded that three out of the four sets of speed
cushions were supported by the neighborhood, with the easterly set of speed cushions
nearest Sunrise Way not supported. Staff recommends City Council authorize the purchase
and installation of three sets of speed cushions on South Riverside Drive.
A diagram showing the recommended traffic calming measures is provided as Figure 13 on
the next page .
17 25
City Council Staff Report
September 10, 2020 •· Page 18
Approval of Traffic Calming Measures
Figure 13
18
26
City Council Staff Report
September 10, 2020 •· Page 19
Approval of Traffic Calming Measures
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are
required to include a list of classes of projects which have been determined not to have a
significant effect on the environment and which are exempt from the provisions of CEQA. In
response to that mandate, the Secretary for Resources identified classes of projects that do
not have a significant effect on the environment, and are declared to be categorically exempt
from the requirement for the preparation of environmental documents. In accordance with
Section 15301 "Existing Facilities," Class 1 projects consist of the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing public structures,
facilities, mechanical equipment or topographical features involving negligible or no
expansion of use beyond that existing at the time of the lead agency's determination.
Therefore, in accordance with Section 15301 (c), Staff has determined that installation of
traffic calming equipment on existing City streets is considered categorically exempt from
CEQA.
FISCAL IMPACT:
As part of the 2020/2020 fiscal year budget, a line item expenditure of $150,000 was
budgeted in the Special Gas Tax Fund (Fund 132) for traffic calming measures. Approval
of the recommended traffic calming measures will utilize all of the budget appropriated for
traffic calming for the year.
SUBMITTED:
Director of Development Services
Attachments:
1. August 21, 2002 staff report, Neighborhood Traffic Calming Program
2. Melody Ranch Letters
Attachments 1 and 2 removed to reduce the size of
the Staff Report. A complete Staff Report is on file
with the City Clerk.
19 27
Attachment 3
28
~ Pavement Marking!!_
Superior Pavement Markings, Inc.
PO Box278
Beaumont, CA 92223
Phone 951.845.2799
Fax 951.845.6399 License# 776306
Union Local 1184
DIR# 1000001476 Proposal & Contract 35029
Submit To: I Contact: !Project
CITY OF PALM SPRINGS Francisco Jaime•Office 760-323 Traffic Calming FY20-21
Procurement and Contracting Division -8253•Extension 8750•francisco. City Project No. 20-24
3200 E. Tahquitz canyon Way jaime@palmspringsca.gov Palm Springs
PALM SPRINGS, CA 92262
Date: I Estimator I
1/14/21 I Dale Shults I
# Descrietion Q ~ um Price Ext Price
BASE LUMP SUM SCHEDULE OF VALUES
1 Moblllzatlon 1 LS 11,128.00 11,128.00
2 Traffic Control 1 LS 2,000.00 2,000.00
3 Dust Control 1 LS 750.00 750.00
A Little Tuscany -Racquet Club Dr 1 LS 7,401.00 7,401.00
1A Location 1 : Removal of large diameter bollards 1 LS 160 .00
1b Location 1: Installation of Delineators 1 LS 560 .00
2A Location 2: Removal of all bollards 1 LS 160 .00
2b Location 2: Removal of white striping 370 LF 3.00
2c Location 2: Removal of yellow striping 552 LF 3.00
2d Location 2: Install raised pavement markers 82 EA 5.00
2e Location 2: Install Double yellow thermoplastic lines, 6-inch wide 510 LF 3.50
2f Location 2: Install Single white thermoplastic line, 6-inch wide 560 LF 1.50
3A Location 3: Removal of large diameter bollards 1 LS 160.00
3b Location 3: Installation of Delineators 1 LS 560.00
B Melody Ranch -Seven Lakes Dr 1 LS 9,506.00 9,506.00
Install Parking Lines: 6-inch wide, white thermoplastic 3,120 LF 1.25
2 Install Parking spots (T's & L's), 4-inch wide, white thermoplastic 130 EA 35.00
3 Install Red Curb 352 EA 3 .00
C Demuth Park -Mesquite Avenue 1 LS 31,850.00 31,850.00
Installation of "Speed Hump" W8-1 sign and post 4 EA 285.00
2 Installation of "Traffic Calming• W84 sign and post 2 EA 285.00
3 Installation of Location A Speed Cushions and striping 1 LS 9,182.00
4 Installation of Location B Speed Cushions and striping 1 LS 4,730 .00
5 Installation of solar powered LED stop signs 4 EA 4 ,057.00
29
Continued ...
# Descri~tion Q ~ um
D Desert Highland/Gateway -Rosa Parks Rd & Tramvlew Rd (Was
$118,663)
1 Installation of "Speed Hump" W8-1 sign and post
2 Installation of "Traffic Calming" W84 sign and post
3 Installation of Speed Cushions and striping (per location)
4 Demo and Installation of Type A Ramp (Was $9,455)
5 Demo and Installation of Type B Ramp (Was $8,911)
6 Update existing Type ~B Ramp to current ADA standard (WAUSAU
12"x12") (Was $4,761)
7 Install Stop Signs (R1-1 @ 30x30) with stop bar, stop l egend, and
All Way plaque (R1-3P @ 18x6)
8 Remove existing stop signs and repiace with new Stop Signs
(R1-1 @ 30x30) and All Way plaque (R1-3P@ 18x6) on existing
posts. Refresh existing stop bar and stop legend .
E Tahqultz River Estates -South Riverside Dr
Installation of "Speed Hump" W8-1 sign and post
2 Installation of "Traffic Calming• W84 sign and post
3 Installation of Speed Cushions and striping
Alt Gene Autry Neighborhood -Via Escuela (Additive Bid Schedule F,
If Awarded)
Remove and re-use existing speed cushion modul es per new layout in
Detail 6 (Per Location).
2 Purchase additional tapered left hand side speed cushion end pieces
(top and bottom set). Install with new layout.
3 Purchase additional tapered right hand side speed cushion end pieces
(top and bottom set). Install with new layout.
Addenda Considered = 1
Up to 20 week day mobi lizations are included. Additional mobilizations at $2,750.00 ea.
Traffic control for Superior work areas during Superior work hours only.
A Minimum Of 15 Working Days Is Required Prior To Each Move In.
1 LS
12 EA
4 EA
6 EA
0 EA
7 EA
1 EA
6 EA
5 EA
1 LS
6 EA
2 EA
3 EA
1 LS
4 EA
1 EA
1 EA
Price Ext Price
111,093.00 111,093.00
285.00
285.00
6,121.00
9,455.00
8,353.00
4,361.00
600.00
675.00
23,982.00 23,982.00
285 .00
285.00
7,234.00
11,094.00 11,094.00
2,442 .00
663 .00
663.00
Quote Includes: Traffic Control Plans [NO) -Traffic Paint [NO] -Thermoplastic [YES] -Rpm 's [YES] -Bollard Removal
(YES] -Striping/Marking Removals [YES] -Sealing [NO) -Slurry Sealing [NO-Unspecified on Plans] -Signing [YES] -
Furnish Mast Arm Signs [NO] -Furnish/Install Delineators [YES] -Furnish/Install Soloar Powered LED Stop Signs [YES] -
Furnish/Install Speed Cushions [YES] -Temp Striping [NO] -Berm/Curb Painting [NO] -Electrical/Utility
Adjustment/Movement [NO] -Utility Pole Movement [NO) -Paving [NO, With Exception to Areas Adjacent to Ramps] -
Bonding [YES, Bond to Follow if Proposal is Accepted]
30
Continued ...
# Descripiion Qty um Price Ext Price
Superior Pavement Markings, Inc. Total $208,804.00
by:
Estimator -Superior Pavement Markings, Inc. (Subjed to office approval) Proposal valid for 30 days from 1/14/2021.
All areas to be free and clear off~ debris prior to Superior Pavement Markings' crews amvmg on•s1te . All moves and job requirement are mentioned in notes• nothing is
implied unless spec ifically noted . Not respons ible for schedu1 ing other sub's work or scheduling conflicts with other subs. We DOT NOT provide shop drawings of any type
unless prior arrangements are made. Not responsible for removing temporary striping or temporary "tabs", tape or chip seal markers unless specifically noted, Signs on signal
poles. overhead or IJ'Uss structures not included unless specifically ment ioned in proposal. Superior Pavement Markings is a union company and all jobs are bid usmg current
union or prevailing wage rates.
t'«CPWPl'C of Prgpoyj MQd Contqct; li'we accept the within proposal. You are authorized to perform the work comprehended here under and I/we agree to pay the sa id
amount in accordance with the terms set forth, By signing this Proposal/Contract below I/we agree to the attached Terms and Cond itions .
Date:______ Owner/Customer: ______________ _ Print: ____________ _
PLEASE SIGN AND REMIT THIS 3 PAGE DOCUMENT TO ABOVE ADDRESS.
page 3 of 3
31
Attachment 4
32
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this _ day of _______ , 20_, by and between
the City of Palm Springs, a charter city, organized and existing in the County of Riverside,
under and by virtue of the laws of the State of California, hereinafter designated as the City,
and Superior Pavement Markings, Inc., a California Corporation, hereinafter designated as
the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1 --THE WORK
For and in consideration of the payments and agreements to be made and performed by
City, Contractor agrees to furnish all materials and perform all work required to complete
the Work as specified in the Contract Documents, and as generally indicated under the Bid
Schedule(s) for the Project entitled:
TRAFFIC CALMING FY20-21
CITY PROJECT NO. 20-24
The Work comprises the installation of traffic calming devices such as solar powered LED
stop signs, rubberized speed cushions with associated striping and signage, removal of
existing legends and striping, removal of glued down deHneators, applying new striping, and
adding new delineators. All traffic control devices, striping, and signage shall be per the
latest edition of the Manual on Uniform Traffic Control Devices (MUTCD), Caltrans, and City
project Specifications. The installation of these traffic control devices will be at various
locations throughout the City.
ARTICLE 2 --COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the
Notice to Proceed by the City, and the Work shall be fully completed within the time
specified in the Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and
that the City will suffer financial loss if the Work is not completed within the time specified
in Article 2, herein, plus any extensions thereof allowed in accordance with applicable
provisions of the Standard Specifications, as modified herein. They also recognize the
delays, expense, and difficulties involved in proving in a legal proceeding the actual loss
suffered by the City if the Work is not completed on time. Accordingly, instead of requiring
any such proof, the City and the Contractor agree that as liquidated damages or delay (but
not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the
Special Provisions for each calendar day that expires after the time specified in Article 2 ,
herein. In executing the Agreement, the Contractor acknowledges it has reviewed the
provisions of the Standard Specifications, as modified herein, related to liquidated
damages, and has made itself aware of the actual loss incurred by the City due to the
inability to complete the Work within the time specified in the Notice to Proceed .
AGREEMENT FORM
PAG E 1 33
Termination Prior to Expiration of Term. City may terminate this Agreement for its
convenience at any time, without cause, in whole or in part, upon giving Contractor written
notice, pursuant to Section 6-8 of the Special Provisions. Where termination is due to the
fault of Contractor and constitutes an immediate danger to health, safety, and general
welfare, the period of notice shall be such shorter time as may be determined by the City.
Upon such notice, City shall pay Contractor for Services performed through the date of
termination in accordance with the Contract Documents. Upon receipt of such notice,
Contractor shall immediately cease all work under this Agreement, unless stated otherwise
in the notice or by written authorization of the Contract Officer. After such notice, Contractor
shall have no further claims against the City under this Agreement. Upon termination of
the Agreement under this section, Contractor shall submit to the City an invoice for work
and services performed prior to the date of termination.
ARTICLE 3 --CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the
Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid
Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change
Orders approved by the City. The amount of the initial contract award in accordance with
the Contractor's Bid Proposal is $208,804.
Contractor agrees to receive and accept the prices set forth herein, as full compensation
for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said
compensation shall cover all expenses, losses, damages, and consequences arising out
of the nature of the Work during its progress or prior to its acceptance including those for
well and faithfully completing the Work and the whole thereof in the manner and time
specified in the Contract Documents; and, also including those arising from actions of the
elements, unforeseen difficulties or obstructions encountered in the prosecution of the
Work, suspension of discontinuance of the Work, and all other unknowns or risks of any
description connected with the Work.
ARTICLE 4 --THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
prevailing rate of per diem wages as determined by the Director of the California
Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of
Subcontractors, Local Business Preference Program -Good Faith Efforts, Non-
Discrimination Certification, Non-Collusion Declaration, Bidder's General Information, Bid
Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance
Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda
issued during bidding (if any), and all Construction Contract Change Orders and Work
Change Directives which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto.
AGREEMENT FORM
PAGE2 34
ARTICLE 5 --MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by
the City, the Contractor agrees to furnish all materials and perform all work required for the
above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract
Documents.
City hereby agrees to employ, and does hereby employ, Contractor to provide the
materials, complete the Work, and fulfill the obligations according to the terms and
conditions herein contained and referred to, for the Contract Price herein identified, and
hereby contracts to pay the same at the time, in the manner, and upon the conditions set
forth in the Contract Documents.
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and
Labor Code requirements specified in the Contract Documents, including the requirement
to furnish electronic certified payroll records directly to the Labor Commissioner (via the
Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per
diem wages as determined by the Director of the Department of Industrial Relations of the
State of California.
ARTICLE 6 --PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard
Specifications as amended by the Special Provisions. Applications for Payment will be
processed by the City Engineer as provided in the Contract Documents.
ARTICLE 7 --NOTICES
Whenever any provision of the Contract Documents requires the giving of a written Notice
between the parties, it shall be deemed to have been validly given if delivered in person to
the individual or to a member of the firm or to an officer of the corporation for whom it is
intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the
last business address known to the giver of the Notice.
ARTICLE 8 --INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the City, and all of its officers and
agents from any claims, demands, or causes of action, including related expenses,
attorney's fees, and costs, based on, arising out of, or in any way related to the Work
undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of
Section 7-15 "Indemnification," of the Special Provisions, which are hereby referenced and
made a part hereof.
Prevailing Wages. Contractor agrees to fully comply with all applicable federal and state
labor laws including, without limitation California Labor Code Section 1720, et seq ., and
1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.
("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non -payment of
AGREEMENT FORM
PAGE3 35
prevailing wages under California law, and Contractor hereby agrees to defend,
indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free
and harmless from any claim or liability arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws.
ARTICLE 9 --NON-DISCRIMINATION
In connection with its performance under this Agreement, Contractor 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"). Contractor 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, Contractor certifies that its actions and omissions hereunder shall not
incorporate any discrimination arising from or related to any prohibited basis in any
Contractor 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 Contractor 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.
ARTICLE 10--MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the
Special Provisions will have the meanings indicated in said Standard Specifications and
the Special Provisions. No assignment by a party hereto of any rights under or interests in
the Contract Documents will be binding on another party hereto without the written consent
of the party sought to be bound; and specifically, but without limitation, monies that may
become due and monies that are due may not be assigned without such consent (except
to the extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment, no assignment will release
or discharge the assignor from any duty or responsibility under the Contract Documents.
The City and the Contractor each binds itself, its partners, successors, assigns, and legal
representatives, to the other party hereto, its partners, successors, assigns, and legal
representatives, in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
SIGNATURES ON NEXT PAGE
AGREEMENT FORM
PAGE4 36
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
CITY OF PALM SPRINGS,
CALIFORNIA
By ____________ _
ATTEST:
David H. Ready
City Manager
By ____________ _
Anthony J. Mejia, MMC
City Clerk
APPROVED AS TO FORM:
By __________ _
Jeffrey S. Ballinger,
City Attorney
RECOMMENDED:
By ____________ _
Marcus L. Fuller, P.E., P.L.S.
Assistant City Manager/City Engineer
APPROVED BY THE CITY COUNCIL:
Date -------
Agreement No. ___ _
AGREEMENT FORM
PAGE 5 37
CONTRACTOR
By:--------------------
Firm/Company Name
By: _____________ _ By:. _____________ _
Signature (notarized) Signature (notarized)
Name: ______________ _ Name: ---------------
Title: _______________ _ Tit I e :. _______________ _
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of
that document.
(This Agreement must be signed in the above
space by one having authority to bind the
Contractor to the terms of the Agreement.)
State of _____ ____.
County of _______ __,_ss
On _______________ _
before me, ____________ _
personally appeared _________ _
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and
that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature:
Notary Seal :
{This Agreement must be signed in the above space
by one having authority to bind the Contractor to the
terms of the Agreement.)
State of _____ ___.
County of ________ ss
On, ________________ _
before me, _____________ _
personally appeared _________ _
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and
that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature:
Notary Seal:
AGREEMENT FORM
PAGE6 38