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cq<<FOAN�P City Council Staff Report
DATE: October 18, 2017 CONSENT CALENDAR
SUBJECT: APPROVE AN AGREEMENT WITH THE RIVERSIDE COUNTY
TRANSPORTATION COMMISSION (RCTC) FOR FUNDING UNDER
SENATE BILL (SB) 821 BICYCLE AND PEDESTRIAN FACILITIES
PROGRAM, MISSING LINKS SIDEWALKS, CITY PROJECT 15-23.
FROM: David H. Ready, City Manager
BY: Engineering Services Department
SUMMARY
This action requests Council to approve an agreement with the Riverside County
Transportation Commission (RCTC) for funding under SB 821 Bicycle and Pedestrian
Facilities Program, the Missing Links Sidewalks, City Project 15-23 (the "Project").
RECOMMENDATION:
1. Approve Agreement No. (RCTC Agreement No. 18-62-053-00), a Riverside
County Transportation Commission Agreement for Funding under SB 821 Bicycle and
Pedestrian Facilities Program for an amount not to exceed $277,500 for the Missing
Links Sidewalks; City Project No. 15-23;
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
SB 821 Bicycle and Pedestrian Facilities Program
Each year 2% of the Local Transportation Fund (LTF) revenue is made available for use
on bicycle and pedestrian facility projects through RCTC's SB 821 Program. All of the
cities and the county of Riverside are notified of the SB 821 program estimate of available
funding and are requested to submit project proposals. Eligible projects include sidewalks,
access ramps, bicycle facilities, and bicycle plan development. A Call for Projects is
issued biennially in February and funds are allocated each June. An evaluation committee
typically reviews and ranks the projects based on evaluation criteria approved by the
Commission. The evaluation committee composed of the Technical Advisory Committee
makes recommendations for projects and funding award amounts to the Commission for
their final approval.
ITEM No.
City Council Staff Report
October 18, 2017 -- Page 2
Approve RCTC Funding Agreement-CP 15-23
Call for Projects for FY 2017/2018 SB 821 Program
On February 6, 2017, a call for projects was published by RCTC seeking applications for
the FY 2017/2018 Program Funding under RCTC's SB 821 Bicycle and Pedestrian
Facilities Program (Program). Applications were reviewed and in accordance with the
applicable evaluation criteria included in the Call for Projects, the City of Palm Springs was
one of 21 applicants in Riverside County selected to receive Program funding for its
Missing Links Sidewalks, City Project 15-31, for the segment on Racquet Club Road and
Farrell Drive between Sunrise Way and Vista Chino. There were a total of 34 applications
submitted for the Program competing for a grant budget of $3.6 million. A list of
successful applicants that includes the City of Palm Springs is shown in Table 1 and in
RCTC's July 12, 2017 staff report included as Attachment 1.
TABLE 1
Total SIN 921 FnMs Rin amnsended Cwawtatlee Average
Rank Agenov Praleu Oesnpion proles Con Requested ARoratlon Funds Agootad Soore
Reconuuuded lid" 44r Fs-
1 Pa:m Desen Class ll&ke and Golf Cart Lane lmprovemems-Citywide S 270,000 S g5,0W S 115,000 S 85,01110 43.67
2 Desert Hot Spi Desert Yvew Sdewalk Project $ 493,000 5 293,110 S 293,001) S 372i= 42-OD
3 Ensue 65dv Bii Safes,Enhanrenim' S 2474W 5 123,700 S 123,700 S W1,700 42-W
4 La Culotta La Clunta High School ADA Impro ienni S 219.000 5 W9,500 S 109,SW $ 61 4133
5 Riverside County Mayterry Ave Sdewalk Improvements(Suifeird St.-Mended St.) $ 4114,000 S 244AM S 241 S 855.200 4133
6 Mores ii German Ave.and Eucalyptus Ave.Class II 6te Lanes $ M.= S 49 M S 49,1140 S scei' 0 40-67
7 Rversde County Clot Street Sidewalk Project' $ 11112,000 $ 555,500 5 555.S00 S 1,4S9,700 40-67
B wilim r Grand Avenue Bike Lane-Plusel $ 1,11100 $ 270,W0 $ 270.000 $ 1,729,700 40.W
9 Wddsanar Grand Avenue Rte lane-Pluk.11 $ 1,426,000 $ 214ADO $ 214,0W S 111 39.00
10 Rsndia Mirage ADA Pedesaian Access Ramp Upgrades on Highway 111 $ 469,SS0 $ 234,925 S 234,925 $ 2r178,625 38-33
11 Late Elsinore Bicycle lanes to 0dwntown $ 100,200 $ 50,100 $ 50,100 S 3,ZM725 37-67
12 Lake Elmore Mashada Street Mining Link Bte lanes $ 151,800 S 75,900 S 75,9W S 3,3D4,625 37.67
13 Rhirsid4County Series Club Dr.Sidewalk lmpr.virts S 615,000 $ 307,S00 5 307,5W S k612,225 37.67
14 Palm Swings Ragnet club Road i Farrell pre Mang Leta Adi valits' S 555,W0 S Z77,SW S UYAN S 2ANIAM 37AD
25 Hemet Sidewalk said ADA Ramps(Alessandro Street) 5 150,0110 5 75,0001 S 75,000 5 2,964,625 3633
16 Lake Elsomre Chaney Street Missing link Sidewalk $ 275,660 $ 137,530 S 137,g30 S 3,=,455 3633
17 lake Elsinore Sumner,Moll and Dave St.Mining link Sidewalk 5 195,905 S 97,953 S 97,953 S 3,200,409 3633
18 Lake Elsinore W.Ullashora D.Missing Lit Swei S 263,868 $ 131,934 5 131,934 S 3,3d2,342 36.33
19 Riverside Carmine Street$idewat lmprovini(Collage Ave.-Serra Vista Ann)' S 337,000 5 168,5100 5 168,SW 5 3,SW,M2 36.33
20 now Avenue 42 Sidewalk Gap Cloune S 177,495 $ 99,74 S 11111,74111 S 3,5g9,589 36.111D R
21 lake Elsinore Mission Trail Missing Link Bike Wes S 19,550 S 9775 5 9,775 S 3,S99,364 35.67
RCTC submitted to the City of Palm Springs an Agreement for Funding under SB 821
Bicycle and Pedestrian Facilities Program. Staff recommends approval of this agreement
for reimbursement of Project costs not to exceed $277,500 representing a 50% match of
the project costs. The agreement, which includes a copy of the grant application, is
included as Attachment 2.
On September 6, 2017, the City Council awarded a construction contract for the SB 821
Missing Link Sidewalk, City Project No. 15-23 to TryCo General Engineering. The Project
includes the segment of Racquet Club Road and Farrell Drive from Sunrise Way to Vista
Chino shown in Figure 1. A copy of the September 6, 2017 staff report awarding the
contract to TryCo General Engineering is included as Attachment 3.
02
City Council Staff Report
October 18, 2017 -- Page 3
Approve RCTC Funding Agreement - CP 15-23
FIGURE 1
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Sidewalks on south side of Racquet Club Road and west side of Farrell Drive from
Sunrise Way to Vista Chino with 500' radius of influence.
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 the SIB 821 Missing Link Sidewalks, City Project No. 15-23, is considered
03
City Council Staff Report
October 18, 2017 -- Page 4
Approve RCTC Funding Agreement-CP 15-23
categorically exempt from CEQA and a Notice of Exemption was filed with the Riverside
County Clerk and recorded on May 24, 2017 as part of the larger community project. A
copy of the Notice of Exemption is included as Attachment 4.
FISCAL IMPACT:
On October 21, 2015, City Council approved a three-year plan to fund a list of community
projects under the theme of "Pedestrian, Bicycle and Traffic Hot Spots". Approval of this
three-year plan included funding from Measure J for the 2014/2015 fiscal year (FY) as well
as earmarks for FY 2016/2017 and FY 2017/2018 for a combined total budget of
$3,167,000 for 27 projects.
In an effort to supplement funding for the community projects, staff identified an outside
funding source opportunity and applied for the FY 2017/2018 SB 821 Program for
sidewalks along Racquet Club and Farrell Drive between Sunrise Way and Vista Chino
with a 50% funding match in order to maximize the city's chances of receiving the grant.
As a result, the City has been awarded a grant from RCTC in an amount not to exceed
$277,500. Staff recommends approval of the Funding Agreement between the City of
Palm Springs and RCTC formalizing acceptance of the grant funds. The agreement
stipulates that RCTC will reimburse 50% of eligible project costs. The remaining project
cost or local match will be funded by Measure J (Fund 260).
SUBMITTED:
r
Thomas Gar ia, P.E. Marcus L. Fuller, MPA, P. ., P.L.S.
City Engineer Assistant City Manager
David H. Ready, Esq., Ph.
City Manager
Attachments:
1. RCTC July 12, 2017, staff report
2. SB821 Funding Agreement
3. September 6, 2017, staff report
4. Notice of Exemption
04
ATTACHMENT ?
05
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: July 12, 2017
TO: Riverside County Transportation Commission
Budget and Implementation Committee
FROM: Martha Masters, Management Analyst
Grace Alvarez, Planning and Programming Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Fiscal Year 2017/18 SB 821 Bicycle and Pedestrian Facilities Program Funding
Recommendations
BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to:
1) Approve the Fiscal Year 2017/18 SB 821 Bicycle and Pedestrian Facilities program funding
recommendations in the amount of$3,599,364;
2) Direct staff to prepare memorandums of understanding (MOUs) with the project
sponsors to outline the project schedule and local funding commitments; and
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreements on behalf of the Commission.
BACKGROUND INFORMATION:
Each year,two percent of the Local Transportation Fund (LTF) revenue is set aside for bicycle and
pedestrian projects through the Commission's SB 821 Program. At its March 2014 meeting, the
Commission approved the Technical Advisory Committee's subcommittee recommendation to
extend the SB 821 Call for Projects from an annual basis to a biennial basis mainly to accumulate
more funding per call for projects. It also set the call for projects release date for the first Monday
of every other February, and the close date for the last Thursday of every other April, beginning
February 2015.
Consistent with Commission policy, earlier this year staff released the call for projects on
February 6. The cities and the county were notified an estimated $3,467,784 would be available
for programming in FY 2017/18 through the SB 821 Bicycle and Pedestrian Facilities program.
Staff held a SB 821 Technical Workshop on February 16, 2017. Proposals were due April 27. The
Commission received 34 project proposals, totaling $6,420,979 in SB 821 funding requests.
The FY 2017/18 SB 821 Evaluation Committee comprised of six members representing staff from
Caltrans District 8, Coachella Valley Association of Governments, the city of Indian Wells,
Agenda Item 7F 06
71
Riverside Transit Agency, San Bernardino County Transportation Authority, and the Western
Riverside Council of Governments. During the month of May,the evaluation committee met and
reviewed 34 project applications, based upon the Commission's adopted evaluation criteria.
Evaluation Criteria
Factor Maximum Points
Destinations Served 15
Safety 10
Project Enhancement 5
Multimodal Access 5
Matching Funds 10
Population Equity 5
Total Points 50
Summary of Requests
Projects Submitted Coachella Valley Western Riverside
34 total 10 24
Summary of Recommended Allocations
Coachella Valley Western Riverside
Recommended Projects 6 15
Total SB 821 $1,088,672 $2,510,692
Recommended Allocation
Recommended Allocation % 30% 70%
Twenty-one projects totaling $3,599,364 are recommended for funding as indicated in
Attachment 1. The difference between the estimated funding available and the amount
recommended for funding this year is due to the availability of an additional $131,580 achieved
through cost savings on previously claimed projects. Moving forward, additional project cost
savings and returned allocations will be available for the FY 2019/20 call for projects. Staff
concurs with the evaluation committee's recommendation.
Per the Commission's SB 821 adopted policies, jurisdictions receiving an allocation have
24 months to complete approved projects and submit claim forms for reimbursement upon
project completion. MOUs will be required to outline the project schedules, funding plan, and
local agency match commitment. Staff will monitor the progress of the projects to ensure timely
implementation of delivery and expenditures as the intent of the SB 821 program is to deliver
and expend FY 2017/18 and FY 2018/19 funds within the timeframe of this cycle.
Agenda Item 7F Q 7
72
Future Opportunities
There are two new funding opportunities for active transportation projects that could fund
projects being recommended for SB 821 funds. Projects that applied for the California
Transportation Commission's Active Transportation Program (ATP) Cycle 3 have the opportunity
to apply for ATP Cycle 3 Augmentation funds made available from the passage of SB 1 and
Greenhouse Gas Reduction Funding(GGRF)program made available from cap-and-trade funding.
Projects approved through the CTC for GGRF funds will be announced in August 2017, and
projects approved under the ATP Cycle 3 Augmentation will be announced in October 2017 for
Statewide Competitive funds and December 2017 for the Metropolitan Planning Organization
funds.
Staff will report back the results of these two new funding opportunities that could allow
additional projects to be funded from this SB 821 Call for Projects. Therefore, staff is
recommending to approve the projects identified in Attachment 1 (Projects 1 - 21), and, should
funding be freed up from projects that are approved for ATP or GGRF funding, staff will
recommend funding to the next highest scored projects.
Financial Information
Yes FY 2017/18 $1,799,682
In Fiscal Year Budget: N/A Year: FY 2018/19 Amount: $1,799,682
Source of Funds: Local Transportation Fund SB 821 Budget Adjustment: No
allocations N/A
GL/Project Accounting No.: 601 62 86106
Fiscal Procedures Approved: � Date: 1 06/19/2017
Attachments:
1) FY 2017/18 SB 821 Funding Recommendations
2) SB 821 Evaluation Criteria
Agenda Item 7F A
73 V
RIVERSIDE COUNTY TRANSPORTATION COMMISSION ATTACHMENT 1
SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
FY 2017/18 PROJECT RANKING/FUNDING RECOMMENDATIONS
Total SB 821 Funds Recommended Cumulative Average
Rank Agency Project Description Project Cost Requested Allocation Funds Allocated Score
Recommended Projects for Funding
1 Palm Desert Class II Bike and Golf Cart Lane Improvements-Citywide $ 170,000 $ 55,000 $ 85,000 $ 85,000 43.67
2 Desert Hot Springs Desert View Sidewalk Project $ 493,000 $ 293,000 $ 293,000 $ 378,000 42.00
3 Eastvale 65th Bicycle Safety Enhancement' $ 247,400 $ 123,700 $ 123,700 $ 501,700 42.00
4 La Quinta La Quinta High School ADA Improvements $ 219,000 $ 109,500 $ 109,500 $ 611,200 41.33
5 Riverside County Mayberry Ave Sidewalk Improvements(Stanford St.-Meridian St.) $ 488,000 $ 244,000 $ 244,000 $ 855,200 41.33
6 Moreno Valley Gentian Ave.and Eucalyptus Ave.Class 11 Bike Lanes $ 70,000 $ 49,000 $ 49,000 $ 904,200 40.67
7 Riverside County Clark Street Sidewalk Project* $ 1,111,000 $ 555,500 $ 555,500 $ 1,459,700 40.67
8 Wildomar Grand Avenue Bike Lane-Phase 1 $ 1,800,000 $ 270,000 $ 270,000 $ 1,729,700 40.00
9 Wildomar Grand Avenue Bike Lane-Phase II $ 1,426,000 $ 214,000 $ 214,000 $ 1,943,700 39.00
10 Rancho Mirage ADA Pedestrian Access Ramp Upgrades on Highway 111 $ 469,850 $ 234,925 $ 234,925 $ 2,178,625 38.33
11 Lake Elsinore Bicycle Lanes to Downtown $ 100,200 $ 50,100 $ 50,100 $ 2,228,725 37.67
12 Lake Elsinore Machado Street Missing Link Bike Lanes $ 151,800 $ 75,900 $ 75,900 $ 2,304,625 37.67
13 Riverside County Serfas Club Drive Sidewalk Improvements $ 615,000 $ 307,500 $ 307,500 $ 2,612,125 37.67
14 Palm Springs Racquet Club Road&Farrell Drive Missing Links Sidewalks* $ 555,000 $ 277,500 $ 277,500 $ 2,889,625 37.00
15 Hemet Sidewalk and ADA Ramps(Alessandro Street) $ 150,000 $ 75,000 $ 75,000 $ 2,964,625 36.33
16 Lake Elsinore Chaney Street Missing Link Sidewalk $ 275,660 $ 137,830 $ 137,830 $ 3,102,455 36.33
17 Lake Elsinore Sumner,Mohr and Davis St-Missing Link Sidewalk $ 195,905 $ 97,953 $ 97,953 $ 3,200,409 35.33
18 Lake Elsinore W.Lakeshore Drive Missing Link Sidewalk $ 263,868 $ 1310934 $ 131,934 $ 3,332,342 36.33
19 Riverside Carmine Street Sidewalk Improvements(College Ave.-Sierra Vista Ave.)- $ 337,000 $ 168,500 $ 168,500 $ 3,500,842 36.33
201ndio Avenue 42 Sidewalk Gap Closure $ 177,495 $ 88,748 $ 88,748 $ 3,589,589 36.00
21 Lake Elsinore Mission Trail Missing Link Bike Lanes $ 19,550 $ 9,775 $ 9,775 $ 3,599,364 35.67
- :Unfunded Projects
22 Lake Elsinore Palomar Multi-Use Trail $ 491,046 $ 245,523 34,67
23 La Quinta Jefferson Street Sidewalk Gap Closure $ 180,000 $ 90,000 34.67
24 Temecula Citywide Buffered Bike-Lane Striping $ 189,000 $ 132,300 34.00
25 Moreno Valley Heacock St Sidewalk and Bicycle Lane Improvements $ 650,000 $ 582,000 33.67
26 Riverside County Mayberry Ave Sidewalk Improvements(Peartree-Casino) $ 495,000 $ 371,250 33.67
27 Moreno Valley Juan Bautista De Anza Trail Segment(Cottonwood-Bay) $ 650,000 $ 585,000 32.67
28 San Jacinto Cottonwood Ave Pedestrian Improvements $ 200,000 $ 80,000 32.67
29 Banning Bicycle and Pedestrian Improvements $ 188,278 $ 75,311 32.00
30 Riverside County Mecca Curb Ramp Accessibility $ 363,800 $ 272,850 31.67
31 Perris Mountain Ave Pedestrian and Bicycle Improvements $ 150,000 $ 75,000 29.67
32 Palm Springs Cerritos Road Missing Links Sidewalks $ 190,800 $ 133,560 29.33
33 San Jacinto Lyon Avenue Sidewalk Installment $ 100,000 $ 50,000 28.67
34 Coachella Bicycle and Pedestrian Improvements $ 257,641 $ 128,821 25.67
Totals $$ 13.4�41.79} fi.4 OA7 S 3.599364
-Projects submitted yet not awarded through ATP Cycle 3.Potential awards through new opportunities:SB 1 ATP and GGRF
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ATTACHMENT 2
: v
AGREEMENT No. 18-62-053-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND
PEDESTRIAN FACILITIES PROGRAM
(Transportation Development Act Article 3; Senate Bill 821)
This Funding Agreement ("AGREEMENT") is entered into as of , 2017 ("Effective
Date"), by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION
("RCTC") and the City of Palm Springs ("RECIPIENT"). RCTC and RECIPIENT may be
referred to herein individually as a"Party" and collectively as the "Parties."
RECITALS
A. RCTC is a county transportation commission created and existing pursuant to California
Public Utilities Code Sections 130053 and 130053.5.
B. Under RCTC's SB 821 Bicycle and Pedestrian Facilities Program("PROGRAM"), cities and
counties in the County of Riverside are notified of the availability of PROGRAM funding
and a call for projects ("CALL FOR PROJECTS") is anticipated to be issued biennially by
RCTC.
C. On February 6, 2017, a CALL FOR PROJECTS was published by RCTC seeking
applications for FY 2018 PROGRAM funding, which applications were reviewed in
accordance with the applicable evaluation criteria included in the CALL FOR PROJECTS,
D. Based on the application attached as Attachment 1 and incorporated herein by this reference,
RECIPIENT has been selected to receive PROGRAM funding for its proposed Racquet Club
Road and Farrell Drive Missing Links Sidewalks Project ("PROJECT").
E. Funding for the PROJECT shall be provided pursuant to the terms contained in this
AGREEMENT and pursuant to applicable PROGRAM policies adopted by RCTC, which are
attached hereto and incorporated herein as Attachment 2.
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants and
consideration contained herein, the Parties mutually agree as follows:
1. Incorporation of Recitals. The Parties acknowledge and agree that the above recitals are true
and correct, and hereby incorporate those recitals by this reference into the AGREEMENT.
2. RCTC Funding Amount. RCTC hereby agrees to distribute to the RECIPIENT, on the terms
and conditions set forth herein, a sum not to exceed Two Hundred Seventy-Seven Thousand,
Five Hundred ($277,500), to be used exclusively for reimbursing the RECIPIENT for
eligible expenses as described herein ("FUNDING AMOUNT"). RECIPIENT acknowledges
17336.00005V0172586.1 Page 1 of 10 1 1 1
and agrees that the FUNDING AMOUNT may be less than the actual and final cost of the
PROJECT, which final costs are the sole responsibility of RECIPIENT, and RCTC will not
contribute PROGRAM funds in excess of the maximum authorized in this Section 2 unless
otherwise mutually agreed to in writing by the PARTIES. In the event the FUNDING
AMOUNT is not fully utilized by RECIPIENT for the PROJECT, the unused FUNDING
AMOUNT must be returned to RCTC within ninety (90) ninety days of a written request by
RCTC unless RECIPIENT can demonstrate in writing, subject to written approval by RCTC
in its sole discretion, the following: (i) valid reason for why PROJECT costs were
significantly lower than the estimate included in RECIPIENT's attached application for
funding, and (ii) written proposal for how any unused FUNDING AMOUNT will be used for
a proposal to support the PROJECT or other use that supports the goals and requirements of
the PROGRAM.
2.1 Eligible Project Costs Reimbursement for PROJECT costs
("REIMBURSEMENT") may only include those items expressly allowed for under Article 3 of
the Transportation Development Act (California Public Utilities Code section 99200 et seq.),
which provides that funding shall be allocated for the construction, including related engineering
expenses, of facilities based on the PROGRAM policies adopted by RCTC, provided that such
items are included in the scope of work attached hereto and incorporated herein as Attachment 3
("SCOPE OF WORK"). All PROJECT costs not included in the SCOPE OF WORK and not
expressly permitted under Article 3 of the Transportation Development Act and the PROGRAM
policies shall be considered ineligible for REIMBURSEMENT. In the event the SCOPE OF
WORK needs to be amended, RECIPIENT shall submit a letter requesting such amendment, the
reasons for the requested change and confirmation that costs associated with the proposed
amendment are eligible for PROGRAM reimbursement for written approval by RCTC, which
approval is subject to RCTC's discretion.
In the event of any ambiguity between this AGREEMENT, PROGRAM policies, and applicable
law, the following order of precedence will govern: (1) Applicable law; (2) PROGRAM policies;
(3) this AGREEMENT.
2.2 Timing for Project Completion. In accordance with the PROGRAM
policies attached hereto as Attachment 2, RECIPIENT has twenty-four (24) months to complete
the PROJECT from the date of this AGREEMENT, unless otherwise agreed to in writing by the
PARTIES. If the PROJECT is not completed within 24 months, RCTC shall have the sole
discretion to delete the PROJECT from the PROGRAM and reprogram the funding for future
approved PROGRAM projects. RECIPIENT will not be reimbursed until the PROJECT is
accepted as complete in writing by RCTC following the submission of the PROGRAM funding
claim form ("CLAIM FORM") attached hereto and incorporated herein as Attachment 4. In the
event additional time is needed for the completion of the PROJECT, RECIPIENT may submit a
letter to RCTC requesting an extension of time to complete the PROJECT with an explanation of
why the PROJECT cannot be completed under the existing schedule for completion included as
Attachment 3, attached hereto and incorporated herein. Before and after PROJECT photographs
must be included with the CLAIM FORM upon PROJECT completion, as well as copies of paid
invoices and any other backup requested for repayment and audit purposes.
Page 2 of 10 1 2
17336.000OSl30172566.I
2.3 Increases in Project Funding The FUNDING AMOUNT may, at
RCTC's sole discretion, be augmented with additional PROGRAM funds and local agency
match funds proportionate to the amounts included in Section 3 if there is a FUNDING
AMOUNT balance and the RECIPIENT provides justification as to the reason for the funding
increase. Any such increase in the FUNDING AMOUNT must be approved in writing by
RCTC's Executive Director and RCTC shall be under no obligation whatsoever to approve any
increase in the FUNDING AMOUNT. No such increased funding shall be expended to pay for
any PROJECT work already completed.
2.4 Cost Savings. In the event that bids or proposals for the PROJECT are
lower than anticipated, or there are cost savings for any other reason, the FUNDING AMOUNT
shall be reduced through an amendment to the AGREEMENT mutually agreed to in writing by
the Parties. RECIPIENT shall inform RCTC of any cost savings and any cost savings shall be
returned to ROTC or may be reprogrammed with written approval by RCTC for other
RECIPIENT projects that align with the PROGRAM. No PROGRAM funding may be used for
projects not approved by RCTC. If RECIPIENT provides a local match commitment and there
are cost savings on the PROJECT, RCTC will still be reimbursed at the matching ratio in effect
at the time of PROJECT selection and approval despite such cost savings in accordance with
PROGRAM policies.
2.5 No Funding for Temporary Improvements Only segments or components
of the PROJECT that are intended to form part of or be integrated into the PROJECT may be
funded by PROGRAM funds. No improvement(s) which is/are temporary in nature, including
but not limited to temporary lanes, curbs, or drainage facilities, shall be funded with PROGRAM
funds except as needed for staged construction of the PROJECT.
2.6 Review and Reimbursement by RCTC. Upon receipt of the final detailed
invoice from the RECIPIENT clearly documenting work completed and corresponding costs,
RCTC may request additional documentation or explanation of the SCOPE OF WORK costs for
which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the RECIPIENT
within thirty (30) days. In the event that RCTC disputes the eligibility of the RECIPIENT for
reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an
attempt to resolve the dispute. Additional details concerning the procedure for the
RECIPIENT's submittal of invoices to RCTC and RCTC's consideration and payment of
submitted invoices are set forth in Attachment 4.
2.7 Recipient's Funding Obligation to Complete the Work In the event that
the PROGRAM funds allocated to the SCOPE OF WORK represent less than the total cost of the
PROJECT, RECIPIENT shall be solely responsible for providing such additional funds as may
be required to complete the PROJECT. RCTC has no obligation with respect to the safety of any
SCOPE OF WORK performed at a PROJECT site. Further, RCTC shall not be liable for any
action of RECIPIENT or its contractors relating to the condemnation of property undertaken by
RECIPIENT or construction related to the PROJECT.
2.8 Recipient's Obligation to Repay Program Funds to RCTC In the event it
is determined, whether through a post-completion audit or otherwise, the PROJECT was not
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17336.00005\30172586.1 ! 3
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completed in accordance with the PROGRAM requirements or this AGREEMENT, RECIPIENT
agrees that any PROGRAM funds distributed to RECIPIENT for the PROJECT shall be repaid
in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable
repayment schedule and repayment mechanism which may include, but is not limited to,
withholding of Measure A Local Streets and Roads revenues, if applicable. RECIPIENT
acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local
Streets and Roads revenues due to RECIPIENT, in an amount not to exceed the total of the
PROGRAM funds distributed to RECIPIENT, and/or initiate legal action to compel repayment,
if the RECIPIENT fails to repay RCTC within a reasonable time period not to exceed one
hundred eighty (180) days, including any good faith negotiations, from receipt of written
notification from RCTC that repayment is required due to failure to comply with the PROGRAM
policies or this AGREEMENT.
2.9 Records Retention and Audits. RECIPIENT shall retain all PROJECT
records in an organized manner for a minimum of three (3) years following completion of the
PROJECT. PROJECT records shall be made available for inspection by RCTC upon request. If
a post PROJECT audit or review indicates that RCTC has provided reimbursement to the
RECIPIENT in an amount in excess of the maximum PROGRAM provided for in this Section 2,
or has provided reimbursement of ineligible PROJECT costs, the RECIPIENT shall reimburse
RCTC for the excess or ineligible payments within thirty (30) days of notification by RCTC.
This Section 2.9 does not supersede any rights or remedies provided to RCTC under Section 2.8
or applicable law.
3. Recipient's Local Match Contribution RECIPIENT shall provide at least Two Hundred
Seventy-Seven Thousand, Five Hundred dollars ($277,500) of funding toward the SCOPE
OF WORK, as indicated in RECIPIENT'S application attached as Attachment 1 and
submitted to RCTC in response to its CALL FOR PROJECTS. RECIPIENT costs related to
(i) preparation and administration costs related to invoices, billings and payments; (ii) any
RECIPIENT fees attributed to the processing of the SCOPE OF WORK; and (iii) expenses
for items not included within the attached SCOPE OF WORK shall be borne solely by the
RECIPIENT and shall not qualify towards RECIPIENT's local match requirement in this
Section 3.
4. Term: The term of this AGREEMENT shall be from the date first herein above written until:
(i) the date RCTC formally accepts the PROJECT as complete, pursuant to Section 2.2; (ii)
termination of this AGREEMENT pursuant to Section 13; or (iii) RECIPIENT has fully
satisfied its obligations under this AGREEMENT. All applicable indemnification and
insurance provisions of this AGREEMENT shall remain in effect following the termination
of this AGREEMENT.
5. Recipient Responsibilities. RECIPIENT shall be responsible for all aspects of the
PROJECT, in compliance with all applicable state and federal laws, including: (i)
development and approval of plans, specifications and engineer's estimate in accordance
with all applicable laws, regulations and building codes; obtaining any necessary
environmental clearances; right of way acquisition; and, obtaining all permits required by
impacted agencies prior to commencement of the PROJECT; (ii) all aspects of procurement,
Page 4 of 10 14
17336.00005130172586.1
contracting, and administration of the contracts and claims for the PROJECT; (iii) all
construction management of any construction activities undertaken in connection with the
PROJECT, including surveying and materials testing; and, (iv) development of a budget for
the PROJECT and SCOPE OF WORK prior to award of any contract for the PROJECT,
taking into consideration available funding, including PROGRAM funds.
6. Indemnification. RECIPIENT shall defend, indemnify and hold RCTC, its officials,
governing board members, officers, employees, agents, and consultants free and harmless
from any and all claims, demands,causes of action, costs, expenses, liability, loss, damage or
injury of any kind, in law or equity, to property, persons or government funding agency,
including wrongful death, to the extent arising out of or incident to any intentional or
negligent acts, errors or omissions of the RECIPIENT, its officials, officers, employees,
agents, and consultants related to a breach of this AGREEMENT or any act or omission
arising out of the activities governed by this AGREEMENT. RECIPIENT'S obligation to
indemnify includes without limitation the payment of all consequential damages and
reasonable attorneys' fees, expert witness fees and other related costs and expenses of
defense. RECIPIENT shall defend, at its own cost, expense and risk, any and all such
aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against RCTC, its officials, officers, employees, agents, and consultants in
connection with this AGREEMENT. RECIPIENT shall pay and satisfy any judgment, award
or decree that may be rendered against RCTC, its officials, officers, employees, agents, and
consultants in any such suits, actions or other legal proceedings, including any settlement.
RECIPIENT's obligation to indemnify shall not be restricted to insurance proceeds.
7. Expenditure of Funds by Recipient Prior to Execution of Agreement. Nothing in this
AGREEMENT shall be construed to prevent or preclude RECIPIENT from expending funds
on the PROJECT prior to the execution of this AGREEMENT, or from being reimbursed by
RCTC for such expenditures. However, RECIPIENT understands and acknowledges that
any expenditure of funds on the PROJECT prior to the execution of the AGREEMENT is
made at RECIPIENT's sole risk and that some expenditures by RECIPIENT may not be
eligible for reimbursement under this AGREEMENT.
8. Compliance with Applicable Laws and Insurance. RECIPIENT agrees to comply with all
applicable laws and regulations, including public contracting laws, requirements for any local
state or federal funding used, and records retention and performance reporting requirements
concerning the SCOPE OF WORK and PROJECT, which applicable laws and regulations
shall be passed on to contractors by RECIPIENT as applicable. RECIPIENT shall have the
responsibility of making sure the appropriate amounts of insurance are included in all
applicable agreements for the construction of the PROJECT and RCTC shall be named as an
Additional Insured on all insurance certificates obtained for the completion of the PROJECT.
PROJECT insurance funds shall be looked to first for the repayment of any claims
determined to have merit.
9. Representatives of the Parties RCTC's Executive Director, or his or her designee, shall
serve as RCTC's representative and shall have the authority to act on behalf of RCTC for all
purposes under this AGREEMENT. RECIPIENT hereby designates
Page S of 10 15
i 7336.00005\30172586.1
[title], or his or her designee, as RECIPIENT'S representative to
RCTC. RECIPIENT'S representative shall have the authority to act on behalf of
RECIPIENT for all purposes under this AGREEMENT and shall coordinate all activities
with RCTC concerning the SCOPE OF WORK under the RECIPIENT's responsibility.
RECIPIENT shall work closely and cooperate fully with RCTC's representative and any
other agencies which may have jurisdiction over or an interest in the PROJECT.
10. Monitoring of Progress by RCTC. RECIPIENT shall allow RCTC's designated
representative, or designee, to inspect or review the progress of the work at any reasonable
time with prior written notice by RCTC. RCTC may request that the RECIPIENT provide
RCTC with progress reports concerning the status of the SCOPE OF WORK and PROJECT
completion.
11. Binding on Successors in Interest. Each and every provision of this AGREEMENT shall be
binding and inure to the benefit of the successors in interest of the Parties. Due to the
specific obligations contemplated herein, this AGREEMENT may not be assigned by any
Party hereto except with the prior written consent of the other Party.
12. Independent Contractors Any person or entities retained by RECIPIENT or any contractor
shall be retained on an independent contractor basis and shall not be employees of RCTC.
Any personnel performing services on the PROJECT shall at all times be under the exclusive
direction and control of the RECIPIENT or contractor, whichever is applicable. The
RECIPIENT or contractor shall pay all wages, salaries and other amounts due such personnel
in connection with their performance of services on the SCOPE OF WORK and as required
by law. The RECIPIENT or contractor shall be responsible for all reports and obligations
concerning such personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance and workers' compensation insurance.
13. Conflicts of Interest. For the term of this AGREEMENT, no member, officer or employee of
RECIPIENT or RCTC, during the term of his or her service with RECIPIENT or RCTC, as
the case may be, shall have any direct interest in this AGREEMENT,or obtain any present or
anticipated material benefit arising therefrom.
14. Termination. This AGREEMENT may be terminated for cause or convenience as further
specified below.
14.1 Termination for Convenience. Either RCTC or RECIPIENT may, by
written notice to the other party, terminate this AGREEMENT, in whole or in part, for
convenience by giving thirty (30) days' written notice to the other party of such termination and
specifying the effective date thereof.
14.2 Effect of Termination for Convenience. In the event that RECIPIENT
terminates this AGREEMENT for convenience, RECIPIENT shall, within 180 days, repay to
RCTC in full all PROGRAM funds provided to RECIPIENT under this AGREEMENT. In the
event that RCTC terminates this AGREEMENT for convenience, RCTC shall, within 90 days,
distribute to the RECIPIENT PROGRAM funds in an amount equal to the aggregate total of all
Page 6 of 10 16
17336.00005\30172586.1
unpaid invoices which have been received from RECIPIENT regarding the SCOPE OF WORK
for the PROJECT at the time of the notice of termination; provided, however, that RCTC shall be
entitled to exercise its rights under Section 2.6, including but not limited to conducting a review
of the invoices and requesting additional information from RECIPIENT. This AGREEMENT
shall terminate upon receipt by the non-terminating party of the amounts due it under this
Section 13.
14.3 Termination for Cause. Either RCTC or RECIPIENT may, by written
notice to the other party, terminate this AGREEMENT, in whole or in part, in response to a
material breach hereof by the other Party, by giving written notice to the other Party of such
termination and specifying the effective date thereof. The written notice shall provide a thirty
(30) day period to cure any alleged breach. During the 30 day cure period, the Parties shall
discuss, in good faith, the manner in which the breach can be cured.
14.4 Effect of Termination for Cause. In the event that RECIPIENT terminates
this AGREEMENT in response to RCTC's uncured material breach hereof, RCTC shall, within
ninety (90) days, distribute to the RECIPIENT PROGRAM funds in an amount equal to the
aggregate total of all unpaid invoices which have been received from RECIPIENT regarding the
SCOPE OF WORK for the PROJECT at the time of the notice of termination. In the event that
RCTC terminates this AGREEMENT in response to the RECIPIENT's uncured material breach
hereof, the RECIPIENT shall, within one hundred eighty (180) days, repay to RCTC in full all
PROGRAM funds provided to RECIPIENT under this AGREEMENT. Notwithstanding
termination of this AGREEMENT by RCTC pursuant to this Section 13.4, RCTC shall be
entitled to exercise its rights under Section 2.6, including but not limited to conducting a review
of the invoices and requesting additional information. This AGREEMENT shall terminate upon
receipt by the terminating Party of the amounts due it under this Section 13.4.
14.5 No Program Funding. In the event that RCTC determines there are
inadequate PROGRAM funds for whatever reason, RCTC shall have the ability to immediately
terminate the AGREEMENT with written notice to RECIPIENT. In the event that RCTC
terminates this AGREEMENT under this Section 13.5, RCTC shall, within 90 days, distribute to
the RECIPIENT PROGRAM funds in an amount equal to the aggregate total of all unpaid
invoices which have been received from RECIPIENT regarding the SCOPE OF WORK for the
PROJECT at the time of the notice of termination; provided, however, that RCTC shall be
entitled to exercise its rights under Section 2.6, including but not limited to conducting a review
of the invoices and requesting additional information from RECIPIENT.
14.6 Cumulative Remedies. The rights and remedies of the Parties provided in
this Section 12 are in addition to any other rights and remedies provided by law or under this
AGREEMENT.
15. Notice. All notices hereunder shall be in writing and shall be effective upon receipt by the
other Party. All notices and communications, including invoices, between the Parties to this
AGREEMENT shall be either personally delivered, sent by first-class mail, return receipt
requested, sent by overnight express delivery service with postage or other charges fully
prepaid as follows:
Page 7 of 10 .1 7
17336.00005\30172586.i
TO RCTC: TO RECIPIENT:
Anne Mayer Thomas Garcia
Executive Director Director of Public Works/City Engineer
RCTC City of Palm Springs
4080 Lemon Street, 3rd Floor 3200 E. Tahquitz Canyon Way
Riverside, California 92501 Palm Springs, California 92262
Phone: (951) 787-7141 Phone: (760) 323-8253
Any party may update its address and contact information by providing written notice of the
new information to the other Parties in accordance with this Section 15.
16. Prevailing Wages. RECIPIENT and any other person or entity hired to perform services on
the SCOPE OF WORK are alerted to the requirements of California Labor Code Sections
1770 et sse., which require the payment of prevailing wages where the SCOPE OF WORK
or any portion thereof is determined to be a "public work," as defined therein. RECIPIENT
shall ensure compliance with applicable prevailing wage requirements by any person or
entity hired to perform the SCOPE OF WORK or any portion thereof falling within the
definition of"public work." RECIPIENT shall defend, indemnify, and hold harmless RCTC,
its officers, employees, consultants, and agents from any claim or liability, including without
limitation reasonable attorneys' fees, arising from any failure or alleged failure to comply
with California Labor Code Sections 1770 et sue. on the PROJECT.
17. Equal Opportunity-Employment. The Parties represent that they are equal opportunity
employers and they shall not discriminate against any employee or applicant for employment
because of race, religion, color, national origin, sexual orientation, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
18. Entire Agreement. This AGREEMENT embodies the entire understanding and agreement
between the Parties pertaining to the matters described herein and supersedes and cancels all
prior oral or written agreements between the Parties with respect to these matters. Each Party
acknowledges that no Party, agent or representative of the other Party has made any promise,
representation or warranty, express or implied, not expressly contained in this
AGREEMENT, that induced the other Party to sign this document. Modifications to this
AGREEMENT shall be in the form of a written amendment executed by authorized
representatives of the Parties to be bound.
19. Governing Law and Severabilit . This AGREEMENT shall be governed by, and be
construed in accordance with, the laws of the State of California. If any portion of this
AGREEMENT is found to be unenforceable by a court of law with appropriate jurisdiction,
the remainder of the AGREEMENT shall be severable and survive as binding on the Parties.
Page 8 of 10 i 8 17336.00005\30172586.1
20. Attorneys' Fees. If any legal action is initiated for the enforcement/interpretation of this
AGREEMENT, or because of any alleged dispute, breach, default or misrepresentation in
connection with any of the provisions of this AGREEMENT, the successful or prevailing
party shall be entitled to recover reasonable attorneys' fees, witness fees and other costs
incurred in that action or proceeding, in addition to any other relief to which it may be
entitled as determined by a court of law or appointed decider under alternative legal
proceedings.
21. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or
obligation assumed by the Parties.
22. Section Headings and Interpretation. The section headings contained herein are for
convenience only and shall not affect in any way the interpretation of any of the provisions
contained herein. The AGREEMENT shall not be interpreted as being drafted by any Party
or its counsel.
23. No Waiver. Failure of RCTC to insist on any one occasion upon strict compliance with any
of the terms, covenants or conditions in this AGREEMENT shall not be deemed a waiver of
such term, covenant or condition, nor shall any waiver or relinquishment of any rights or
powers hereunder at any one time or more times be deemed a waiver or relinquishment of
such other right or power provided under applicable law.
24. Time of Essence. Time is of the essence for each and every provision of this AGREEMENT.
25. Counteroarts. This AGREEMENT may be executed in any number of counterparts, each of
which shall be deemed to be an original, but all which together will constitute but one
agreement. Facsimile copies of signatures shall be treated as originals.
[SIGNATURES ON NEXT PAGE]
Page 9 of 10 w 9
17336 0000500172586.1
SIGNATURE PAGE
TO
AGREEMENT NO. 18-62-053-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND PEDESTRIAN
FACILITIES PROGRAM
IN WITNESS WHEREOF, the Parties have caused this AGREEMENT to be signed by their
duly authorized representatives as of the Effective Date.
RCTC RECIPIENT
PALM SPRINGS
By: By.
Name: Anne Mayer Name:
Title: Executive Director Title:
APPRO TJFM APPROVED AS TO FORM
By: r'`.., By:
�ti u �
Name Name:
Title: �-�� .f A 1 Title:
Page 10 of 10 2
17336.00005\30172586.1
ATTACHMENT 1
(RECIPIENT APPLICATION FOR FUNDING)
Attachment 1 21
17336.00005130172586.1
FY17/18 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
I. APPLICANT INFORMATION
Lead Agency: City of Palm Springs
Project Name: Racquet Club Road and Farrell Drive Missing Links Sidewalks
Contact Person: Savat Khamphou, PE Title: Senior Civil Engineer
Telephone#: 1760)323-8253 ext. 8744_ Fax#: (760)322-8325
Email Address: Savat.Khamphou paimspringsca.gov
Address: 3200 E.Tahquitz Canyon Way, Palm Springs CA 92262
II. PROJECT DETAILS
Project type(check all that apply):
❑ Bicycle Project ® Pedestrian Project
Project location:
® Palm Springs ❑ Western Riverside County
Does this project proposal include any of the following? (check all that apply):
❑ Curb ❑ Gutter ® Curb ramps ® Sidewalk
If any of the above were checked, is the benefit provided for the exclusive use of
bicyclists/pedestrians?
❑ No ® Yes
III. PROJECT DESCRIPTION
Describe the project in its entirety. Include the need, benefit, and location of the project. Photos
of the existing site of the proposed project are encouraged.
*A map indicating, at a minimum, the project location must be included.
Racquet Club Road and Farrell Drive"Missing Links"Sidewalks.
The proposed project will construct a new 5 foot wide sidewalk and ADA curb ramps along
the "missing links" segments on Racquet Club Road and Farrell Drive,which are classed as
"Secondary Thoroughfares" (4 lane undivided roadways), located in a residential area (see
1
22
FY17/18 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
Exhibit "81"). The proposed sidewalk would serve a large neighborhood area, but would
specifically provide safe pedestrian access to adjacent 57 single family residences(see Exhibit
"132"). The sidewalk is proposed to start at Sunrise Way, which is classified as a "Major
Thoroughfare" (4 lane divided roadway), on Racquet Club Road and ends on Farrell Drive at
Vista Chino,which is classified as a "Major Thoroughfare"(HWY 111,6 lane divided roadway).
The construction of the new missing links sidewalk on the south side of Racquet Club Road
and on the west side of Farrell Drive is important as there are no continuous sidewalks along
these road segments from Sunrise Way to Vista Chino. Photos are attached as Exhibit"C".
IV. DESTINATIONS SERVED(15 pts)
List and describe the destinations served by the proposed project (e.g. employment center,
school/college, retail center, downtown area, park or recreation facility, library, museum,
government office, medical facilities). For pedestrian projects, destinations served must be
within a Y:mile or less radius of the proposed project. For bicycle projects, destinations served
must be within a 2-mile or less radius of the proposed project. *A map with numbered
destinations served must be included.
Racquet Club Road is a direct route to two shopping centers located at 1,500 and 2,800 feet
distances. Farrell Drive is also a direct route to those shopping centers located at 2,400 and
3,400 feet distances (see Exhibit 82). Local residents that now drive to the nearby grocery
stores(Stater Brothers,Albertsons),fast food restaurants(McDonald's,Taco Bell, Little Cesar,
Subway, Rocky's Pizza, Mexican Grill), Walgreens, 7 Eleven, Post Office, Auto Zone, O'Reilly
Auto Parts, Walgreens, Laundromat, Wells Fargo Bank, World Gym, Desert Aids Project
Medical Clinic,Annette Bloch Cancer Care Center, H&R Block, Hair Salon, Dollar Tree, Metro
PCS,could choose to safely walk to these places given a dedicated sidewalk on which to walk.
Currently lacking sidewalk improvements, pedestrians are forced to walk in the travel way of
Racquet Club Road and Farrell Drive,likely forcing many residents to drive rather than walk.
V. SAFETY(10 pts)
Describe the extent to which the proposed project will increase safety for the non-motorized
public. Include information about project characteristics such as: no existing shoulder within
project limits, no existing/planned sidewalk or bikeway adjacent to the project, etc. Applicants
may wish to consider including documented pedestrian/bicycle collision history, most current
and valid 8.51 percentile speed of motorized traffic in project limits, photos of existing safety
hazards the project will address, existing pedestrian/bicycle traffic counts, student attendance
figures for schools served by project.
2
23
FY17/18 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
On Racquet Club Road east of Sunrise Way and on Farrell Drive north of Vista Chino there are
no continuous sidewalks on either sides of the roads. Currently, pedestrians walking in this
area are forced to walk within the travel way, a highly unsafe mode of travel. The Palm
Springs Police Department's Collision Summary Report shows a pedestrian injury in 2016 on
Racquet Club Road (see Exhibits 64 and 65). The proposed sidewalks will provide safe
pedestrian paths of travel, behind the curb and outside of the travel way. The potential for
traffic accidents and injuries to pedestrians in these areas will be eliminated by the
construction of the new sidewalks.
VI. PROJECT ENHANCEMENT(S pts)
Provide information about any enhancements the proposed project includes that would
encourage people to use the facility;for example, ADA ramps, bicycle lockers or other bicycle
amenities, or completing a missing link. Said enhancements must pre-exist or be part of the
project proposal.
On Racquet Club Road and Farrell Drive there are several sidewalk gaps and missing ADA
ramps which will be completed and constructed by the proposed project. Two new access
ramps are proposed of Racquet Club Road and six access ramps on Farrell Drive, which will
provide improved access for residents with disabilities. The sidewalks will provide accessible
routes that are otherwise lacking along these "missing link" segments of Racquet Club Road
and Farrell Drive. The attached map (Exhibit '132") shows the locations of these
improvements.
The proposed sidewalks and ADA curb ramps will have a high potential for use by
pedestrians. Past development of the residential neighborhoods in the 1960's to the 1980's
in the Palm Springs area did not emphasize pedestrian access, and therefore most
neighborhoods lack sidewalk improvements. The need for dedicated sidewalks for
pedestrian use is important,especially in large neighborhoods.
VII. MULTIMODAL ACCESS(S pts)
List each bus stop or park and ride facility served by the proposed project. For pedestrian
projects, destinations served must be within a YS mile or less radius of the proposed project. For
bicycle projects, destinations served must be within a 2-mile or less radius of the proposed
project.
*A map with numbered bus stops and/or pork and rides served must be included.
3
24
FY17/18 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
The sidewalks on Cerritos Road will provide a connection to Sunline Transit Line 14 and Line
24. Sunline Transit Agency operates a "sub-regional'transit line identified as"Line 14"which
provides transit service from Desert Hot Springs to Palm Springs. The proposed sidewalk will
provide pedestrian access from the adjacent residential neighborhood to the existing bus
stations located at the Vista Chino and Farrell Drive intersection, and Sunrise and Racquet
Club Intersection. See attached map as Exhibit 83.
Vill, PROJECT BUDGET AND SCHEDULE
The project budget and local match may only encompass the pedestrian or bicycle facility
project; no additional maintenance,street projects, etc. expenses should be included.
Total Estimated Project Cost $555,000 (100%)
Local Match*Committed: (10 pts) $277,500 ( SO%)
SB 821 Funds Requested: $277,500 ( 50%1
*Supporting documentation of proposed match must be included. (See Exhibit"A")
Breakdown of Estimated Project Cost(must add up to"Total Estimated Project Cost'above):
Engineering/Design $ 64,020
Right-of-Way $ 0
Construction $426,960
Other(specify): Inspection/Administration $ 64,020
Estimated Construction start date(Mo/Yr): September/2018
Estimated Construction end date(Mo/Yr): November/2018
IX. CERTIFICATION
I certify that the informa ion prese ted herein is complete and accurate and, if this agency
receives funding, it w' be sed s ely for the purposes stated in this application and following
the adopted policies
Signature
Title Senior Civil Engineer Date Zl7
4
"5 i
CITY OF PALM SPRINGS
RACUET CLUB ROAD SIDEWALK -SOUTH SIDE
FROM SUNRISE WAY TO FARREL DRIVE
AND
FARRELL DRIVE SIDEWALK -WEST SIDE
FROM RACQUET CLUB ROAD TO VISTA CHINO
ENGINEER'S ESTIMATE
rNo.
Total
Item Description Unit Unit Price Total Amount
Quantity
Mobilization 1 LS $10,000.00 $10,000.DOTraffic Control 1 LS $7,500.00 $7,500.00Clearing, Grubbing and Misc. Removals 1 LS $5,000.00 $5,000.00
Construct 5"AC over 4"Base 2,180 SF $4.00 $8,720,00
Construct 4"PCC Sidewalk 13,000 SF $6.50 $84,500.00
Construct 6"PCC Driveway 9,420 SF $10.00 $94,200.00
7 Construct ADA Access Ramp Type A 7 EA _$4,000.00 $28,000.00
8 Construct ADA Access Ramp Type B 2 _ EA $3,000.00 $6,000.00
9 Upgrade Exist. Ramp with Trunc. Domes 1 EA $1,200.00 $1 0000.00
10 Construct Retaining Curb 100 LF ---rL $20.00 $2,000.00
11 Construct Cross-Gutter 640 SF i $10.00 $6,400.00
12 Cold Plane&Overlay 2,960 SF $2.75 $8,140.00
13 Remove AC Pavement 2,180 SF $2.25 $4,905.00
14 Remove Driveway 8,090 SF $5.00 $40,450.00
15 Remove Curb&Gutter 202 LF _ $8.00 $1,616.00
16 Remove Cross-Gutter 640 LF $8.00 $5,120.00
17 Remove Sidewalk 720 SF $3.00 $2,160.00
18 Remove Curb Ramp 6 EA $1,500.00 $9,000.00
19 Relocate Water Meter 13 EA $1,600.00 $20,800.00
20 Relocate Traffic Sign 9 EA $250.00 $2,250.00
21 Relocate Mail Box 4 EA $210.00 $840.00
22 Remove Tree 7 EA $1.000.00 $7,000.00
Subtotal: $355,800.00
Contingency 20%a : $71,160.00
Total Construction: $426,960.00
Preliminary Engineering/Design (15%) LS $64,020.00
Construction Engineering/Administration(15%) LS $64,020.00
TOTAL= $555,000.00
_- 50%= $277,500.00
SB821= $277,500.00
6
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PS -Au Traffic Collisions
Pedestrians/Bicyclists Involved
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30
City of Palm Springs
Police Department
From 1/112016 to 12/31/2016
Total Collisions:44 Collision Summary Report 211S/17
Injury Collisions:34
Fatal Collisions:6
Page 1 of 8
1606P-3866 6/17/2016 22:33 Friday PALM CANYON DRIVE SSUNNY DUNFSROAO 0' Direction:Not Stale Dark-Street Light Clear Ply at Fault:l
Vehicle-Pedestrian Pedestrian Driving Under Influence 23152A Hit&Run:Felony Other Visible Injury 4 Inj:1 p Killed 0
Pant'1 Driver South Making Lett Turn Male Age:80
Veh Type Sobriety:HBO Not Under Inllu Assoc Factor-Violation Unknown
Party Pedestrian East Male Age:38
Veh Type Sobriety.Under Drug Influent Assoc Factor None g Apparent Not Slated
1602P-2482 2/12/2016 12:23 Friday RACQUETCLUBROADCALICOLANE 0' Direction:Not State Daylight Clear Ply atFault:D
Other Pedestnan Unknown Hit&nun:No Other Visible Injury 0Inj:1 $1 Killed:0
Party 1 Pedestrian Cast Male Age:56
Veh Type- Sobriety: Assoc Factor: Not Stated
Party 2 Dnver South Making Right Turn Male Age:58
Veh Type: Sobnety: Assoc Factor Unknown Cell Phone Not in Use
1612P-4051 12/20/2016 19:10 Tuesday SUNRISE WAY CAMINO PAROCELA 0' Direction:Not State Dark-No Strect Li Clear PLY at Fault:3
Vehicle-Pedestrian Pedestrian Not Stated 21950C Hit&Run:No Fatal It Inj:0 p Killed:1
Party 1 Driver South Proceeding Straight Male Age:53
Veh Type- Sobriety:HNBD Assoc Factor Violatlon Lap/Shoulder Harness Used Cell Phone Not In Use
Party 2 Pedestrian West Mate Age:77
Veh Type Sobriety:HNBD Assoc Factor:None Apparent Not Stated Cell Phone Not In Use
1612P-4838 12/24/2016 13:50 Saturday E-TAHQUITZ CANYON WAY INDIAN CANYON DR 3' Direction:West Daylight Raining Ply at Fault-1
Vehicle-Pedestrian Pedestrian Fred R/W Violation 2195DA Hit&Run:No Other Visible injury H Inj:1 P Killed:0
Parry 1 Driver West Making Left Turn Male Age:86
Veh Type: Sobriety:HN6D Assoc Factor:None Apparent Lap/Shoulder Harness Used Cell Phone Not In Use
Party 2 Pedestrian North Male Age:65
Veh Type: Sobriety:HNBD Assoc Factor: Not Stated Cell Phone Not in Use
1601P•0578 1/3/2016 17:40 Sunday E PALM CANYON(SR 1111 CALLE ROLPH 33' Direction:West Dark-No Street U Clear Pty at Fault:l
Vehicle•Pedestrian Animal Pedestrian Vlolation 21954A Hit&Run:No Severe Injury R Ini:1 N Killed:0
Party Pedestrian South Entering Traffic Male Age:59
Veh Type: Sobriety:HNBD Assoc Factor: Not Stated
Party 2 Driver East Proceeding Straight Male Age:25
Veh Type: Sobriety:HNBD Assoc Factor Lap Relt Used
w EXHIBIT B5
EXHIBIT C
10 PHOTOS
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Richard Martin
Vice President
Ranch Club Estates Neighborhood Organization
1920 E Rochelle Rd.
Palm Springs, Ca 92262
Denise Goolsby
Manager, Office of Neighborhoods
City of Palm Springs
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
April 10, 2017
Re: Neighborhood Sidewalks
Dear Denise,
Our neighborhood of 350 homes has been improving throughout the years. Individual
homeowners have taken pride in their homes and have improved the appearance
significantly.
On any one day, several neighbors can be seen walking their dogs or taking a stroll. Our
busiest streets seem to be Racquet Club, Farrell, and Cerritos.
Sidewalks would significantly improve the safety and appearance of our neighborhood.
All the neighbors that I have spoken to have all agreed that we would welcome any
assistance granted to construct sidewalks in our neighborhood. Please assist us in
obtaining a Grant for this endeavor.
Cordially,
Richard Martin
EXHIBIT "D"
43
SUNGARD PENTAMATION - FUND ACCOUNTING MANAGER PAGE NUMBER: 3
DATE: O CITY OF PALM SPRINGS EXPSTAII
TIME: 08:4040:07:D7 EXPENDITURE STATUS REPORT
SELECTION CRITERIA: orgn.fund-1260,
ACCOUNTING PERIOD: 11/17
SORTED BY: FUND,FUNCTION,DEPARTMENT,IST SUBTOTAL,2ND SUBTOTAL,ACCOUNT
TOTALED ON: FUND,FUNCTION,DEPARTMENT,IST SUBTOTAL
PAGE BREAKS ON: FUND,FUNCTION,DEPARTMENT
FUND-260 MEASURE J CAPITAL FUND
FUNCTION-30 PUBLIC WORKS
DEPARTMENT-4494 COMM PROJ HOT SPOTS
1ST SUBTOTAL-5000 CAPITAL
PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/
ACCOUNT - - - - - TITLE - - - - - BUDGET EXPENDITURES OUTSTANDING EXP BALANCE BUD
58700 COMMUNITY ENHANCEMENTS 911,725.00 .00 14,220.00 .00 897,505.00 1.56
58701 COMM TRAFFIC STUDY/PROJ 53,849.27 .00 .00 53,849.27 .00 100.00
58702 COMMUNITY SIDEWALKS 941,011.78 184.88 43,882.47 110,196.71 786,932.60 16.37
TOTAL CAPITAL 1,906,586.05 184.88 58,102.47 164,045.98 1,684,437.60 11.65
TOTAL COMM PROJ HOT SPOTS 1,906,586.05 184.88 58,102.47 164,045.98 1,684,437.60 11.65
ATTACHMENT 2
(PROGRAM POLICIES)
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 BICYCLE
AND PEDESTRIAN FACILITIES PROGRAM ADOPTED POLICIES
Transportation Development Act Policies
1. Up to 5% of Article 3 apportionment can be used to supplement other funding sources
used for bicycle and safety education programs; the allocation cannot be used to fully
fund the salary of a person working on these programs.
2. Article 3 money shall be allocated for the construction, including related engineering
expenses, of the facilities, or for bicycle safety education programs.
3. Money may be allocated for the maintenance of bicycling trails, which are closed to
motorized traffic.
4. Facilities provided for the use of bicycles may include projects that serve the needs of
commuting bicyclists, including, but not limited to, new trails serving major
transportation corridors, secure bicycle parking at employment centers, park and ride lots,
and transit terminals where other funds are available.
5. Within 30 days after receiving a request for a review from any city or county, the
transportation-planning agency shall review its allocations.
6. Up to 20 percent of the amount available each year to a city or county may be allocated to
restripe Class II bicycle lanes.
7. A portion of each eity's allocation may also be used to develop comprehensive bicycle
and pedestrian plans. Plans must emphasize bike/pedestrian facilities that support
utilitarian bike/pedestrian travel rather than solely recreational activities; a maximum of
one entire allocation per five years may be used for plan development.
8. Allowable maintenance activities for the local funds are limited to maintenance and
repairs of Class I off-street bicycle facilities only.
RCTC Policies
1. The SB 821 Call for Projects will occur on a biennial basis, with a release date of the first
Monday of every other February and a close date of the last Thursday of every other
April,beginning in 2015.
2. If a project cannot be fully funded, RCTC may recommend partial funding for award.
3. Agencies awarded funds will not be reimbursed for any project cost overruns.
4. Agencies being awarded an allocation will be reimbursed in arrears only upon submitting
adequate proof of satisfactory project completion, including but not limited to the claim
form for the fiscal year in which the project was awarded, copies of paid invoices, and
photographs of the completed project.
Attachment 2 45
17336.00005130 V 25R6.I
5. The allocated amount represents the maximum amount eligible for reimbursement. For
projects completed under the allocated amount, the agency will be reimbursed at the
matching ratio in effect at the time of project selection and approval.
6. The Commission expects all projects to be ready for construction; therefore an agency
will have twenty-four (24) months from the time of the allocation to complete the project.
There will be no time extensions granted unless the reason for the delay is due to
unforeseen circumstances. Where substantial progress or a compelling reason for delay
can be shown, the agency may be granted administrative extensions in twelve-month
increments at the discretion of the Executive Director.
7. Any programmed and unused Article 3 Program funds will be forfeited unless that
agency can a) utilize the unused funds to complete projects that are the same or similar in
scope and/or are contiguous to the approved project or b) apply the funds to a project
previously submitted under an Article 3 call for projects and approved by the
Commission, subject to Executive Director approval.
8. Design and construction of facilities must conform to the general design criteria for non-
motorized facilities as outlined in the Caltrans Highway Design Manual.
9. Temporary facilities, projects in the bid process, or projects that are under construction
will not be funded.
10. The SB 821 evaluation committee will be comprised of a minimum of five evaluators
representing a wide range of interests; such as: accessibility, bicycling, Coachella Valley,
public transit, and the region. Staff, consultants, and other representatives from agencies
submitting project proposals will not be eligible to participate on the evaluation
committee that year.
11. Following each call, staff will monitor the equity of allocations to Coachella Valley
versus Western Riverside County; the allocation should be relative to what the Coachella
Valley's share would have been if distributed on a per capita basis (the percentage of
funds applied for should also be taken into consideration). If the allocation is often found
to be inequitable to the Coachella Valley, staff will recommend adoption of a new policy
to correct the imbalance.
12. Certain costs at times associated with bicycle/pedestrian projects are not eligible when
the benefit provided is not the exclusive use of bicyclists/pedestrians, such as: curb and
gutter as part of roadway drainage system, driveway ramps installed across sidewalks,
and where roadway design standards require a roadway shoulder width that is at least as
wide as a standard bike lane.
Attachment 2 46
1 73 36-00005\30172586.1
ATTACHMENT 3
(SCOPE OF WORK)
SCOPE OF WORK:
Construct new 5-foot-wide sidewalk and ADA curb ramps along the "missing links" segments
on Racquet Club Road (from Sunrise Way to Farrell Drive) and Farrell Drive (from Racquet
Club Road to Vista Chino). Seven ADA access ramps (Type A) and two ADA access ramps
(Type B) will be constructed along with 13,000 SF of sidewalk and 9,420 SF of driveway
upgrades.
} COUNTRY CLUB
a
3
RACQUET CLUB ROAD VERONA RD. 10
z
2
1 111 VMTA CHWO ROAD
as Ra �
L
FUNDING:
ARTICLE 3 LOCAL MATCH %* TOTAL PROJECT
AWARD COST
PROJECT TITLE:
Racquet Club Rd. & 277,500
Farrell Dr. Missing $277,500 50% $555,000
Links Sidewalks
*Local Match Source: Measure J Funds
If Total Project Cost is lower than anticipated, Article 3 will be reimbursed at 50% of Total
Project Cost.
Attachment 3 4
17336.0000500172586.1
BREAKDOWN OF TOTAL PROJECT COST
En ineerin and Administration (Admin. for local match only) $ 64,020
Construction $ 426,960
Other(Specify) (for local match only): Inspection/Administration $ 64,020
--Total-Pr ct Cost $ 555,000
TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work
including major milestones within a phase.
Phase Start End Comments
Construction 10/ 0017 12/2017
Attachment 3 4 a 17336.00005130172586.1
ATTACHMENT 4
(PAYMENT CLAIM FORM)
TDA ARTICLE 3 BICYCLE AND PEDESTRIAN FACILITIES
NON-TRANSIT CLAIM FORM
FY 2017/18
-CLAIMANT: COUNTY:RIVERSIDE
ADDRESS:
CONTACT PERSON: TITLE:
.---
TELEPHONE NO.:
I verify that the information on this Claim Form is true and accurate to the best of my knowledge.
Date:
PROJECT NAME:
_START RATE(K�oftr)
COMPLETED DATE(Mo/Yr):
TDA ARTICLE 3 REVENUES AND EXPENSES OF CLAIMANT:
Total Project Cost: $ (100%)
Local Match Spent: $ (Enter%)
SB 821 Funds Spent: (Enter%)
Breakdown of Total Project Cost:
Administration (for local match only): $
Engineering: $
Right-of-Way(for local match only):
Construction:(include final billing and back up for Construction
Contract documentation)
Other:(Specify)(for local match only) $
Total Claim(must add up to"Total Project Cost"above)
Attachment 4
17336-00005130172586.1
ASSURANCE OF MAINTENANCE
TDA ARTICLE 3 SB 821 BICYCLE AND PEDESTRIAN FACILITIES
WHEREAS,THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION HAS ALLOCATED
$ TO THE CITY/COUNTY OF SIDEWALK/BIKEWAY
PROJECT PURSUANT TO AGREEMENT DATED 2017;AND,
WHEREAS,THIS INVESTMENT OF PUBLIC FUNDS CAN BE FULLY REALIZED IF THIS
FACILITY 15 MAINTAINED TO ADEQUATE OPERATING STANDARDS FOR USE BY COMMUTER AND
RECREATIONAL PEDESTRIAN/BICYCLISTS:
THEREFORE, THE CITY/COUNTY OF ASSURES THAT THIS
FACILITY WILL BE MAINTAINED AT ADEQUATE OPERATING STANDARDS AND RCTC SHALL HAVE
THE RIGHT TO ENFORCE COMPLIANCE WITH THIS MAINTENANCE ASSURANCE THROUGH
APPROPRIATE AND LAWFUL MEANS.
SIGNED:
TITLE:
DATE:
50
17336.00005\30172586.1
ATTACHMENT 3
51
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c4tif:0st PF City Council Staff Rwort
DATE: September 6, 2017 CONSENT CALENDAR
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO TRYCO GENERAL
ENGINEERING, A CALIFORNIA CORPORATION IN THE AMOUNT OF
$693,560; APPROVE A PURCHASE ORDER IN AN AMOUNT NOT TO
EXCEED $26,740 TO ALBERT A. WEBB ASSOCIATES FOR
CONSTRUCTION SUPPORT SERVICES FOR THE SB 821 MISSING
LINK SIDEWALKS, CITY PROJECT NO. 15-23
FROM: David H. Ready, City Manager
BY: Engineering Services Department
SUMMARY
Award of this construction contract will allow the City to proceed with construction of the
SB 821 Missing Link Sidewalks, City project No. 15-23, (the Project); and approval of a
Purchase Order with Albert A Webb Associates will provide the City with construction
support services required for the Project.
Award of this contract includes installation of missing sidewalks, partially funded by
Riverside County Transportation Commission's (RCTC) SB 821 Bicycle and Pedestrian
Facilities Program.
RECOMMENDATION:
1. Award a construction contract (Agreement No. _) to TryCo General Engineering, a
California corporation, in the amount of $693,560 for the SB 821 Missing Link
Sidewalks, City Project No. 15-23;
2. Authorize a Purchase Order to Albert A Webb Associates pursuant to On-Call
Agreement No. 6443, in the amount up to $26,740 for construction support services
for the SB 821 Missing Link Sidewalks, City project No. 15-23;
3. Authorize the City Manager to approve and execute construction contract change
orders up to a cumulative amount of$69,360 (10% of construction contract).
4. Authorize the City Manager to execute all necessary documents.
ITEM NO.
52
City Council Staff Report
September 6, 2017—Page 2
Award Construction Contract for CP 15-23
STAFF ANALYSIS:
On July 19, 2017, City Council approved the plans and specifications and authorized
staff to bid the construction of the SB 821 Missing Link Sidewalks Project. This project
is partially funded by RCTC's Fiscal Year (FY) 2015/16 and FY 2017118 SB 821 Bicycle
and Pedestrian Facilities Program. Since this Project will install missing sidewalks and
appurtenant improvements at the following three locations; staff separated the work into
three separate Bid Schedules that matches the approved SB 821 funded segments:
1) Bid Schedule A: Approximately 700 feet segment along east side of Indian
Canyon Drive, from Simms Road to San Rafael Drive.
2) Bid Schedule B: Approximately 700 feet segment along east side of Indian
Canyon Drive, from Via Olivera to Racquet Club Road.
3) Bid Schedule C: South side of Racquet Club Road and West side of Farrell
Drive from Sunrise Way to Vista Chino.
Location maps for the sidewalk segments are included in Figures 1-3.
53
City Council Staff Report
September 6, 2017--Page 3
Award Construction Contract for CP 15-23
Figure 1
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Sidewalks on east side of Indian Canyon Drive - Simms Road to San Rafael Road
with 500' Radius of Influence
54
City Council Staff Report
September 6, 2017 -- Page 4
Award Construction Contract for CP 15-23
Figure 2
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i� riANNE
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Sidewalk on east side of Indian Canyon Drive - Via Olivera to Racquet Club Road
with 500' Radius of Influence
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City Council Staff Report
September 6, 2017--Page 6
Award Construction Contract for CP 15-23
On July 22 and July 29, 2017, staff advertised the Project in the Desert Sun, submitted
the Notice Inviting Bids to plan rooms, and provided the bid documents available free of
charge to prospective bidders. Subsequently, on August 23, 2017 at 3:00 p.m., the
Procurement and Contracting Division received five construction bids from the following
contractors listed in Table 1:
Company Location Bid Amount
TryCo General Engineering Rim Forest, CA $693,560.00
CT&T Concrete Paving Diamond Bar, CA $721,205.80
Tri-Star Contracting II Desert Hot Springs, CA $879,462.10
Victor Concrete Riverside, CA $903,740.00
Leonida Builders 1 Santa Clarita, CA $918,550.00
Table 1
On that basis of the total Bid Schedules A-C, TryCo General Engineering, a California
corporation, submitted the lowest bid in the amount of $693,560. TryCo General
Engineering is a registered Corporation with the State of California whose CEO is Try
Kirtley, also acting as CFO. The Engineer's estimate for the Project as reported to the
City Council on July 19, 2017 was $ 592,000. Costs are higher than the estimate
demonstrating the continuing improvement in the economy which increases costs for
construction as general contractors are in high demand. A full bid summary is included
as Attachment 1.
Bid Analysis
As part of the City's bid review process, staff reviewed all bid documents submitted by
the apparent low bidder, and have determined that TryCo General Engineering, a
California corporation, is in compliance with the Instructions to Bidders and has
submitted the lowest responsive and responsible bid. Therefore, staff recommends that
City Council approve the bid submitted by TryCo General Engineering.
Public Works Contractor Registration Law(SB 854)
Under California Labor Code Section 1771.1, as amended by Senate Bill (SB) 854
(2014), unless registered with the State of California Department of Industrial Relations
(DIR), a contractor may not bid, nor be listed as a subcontractor, for any bid proposal
submitted for public works projects on or after March 1, 2015. Similarly, a public entity
cannot award a public works contract to a non-registered contractor, effective April 1,
2015. Staff has reviewed the DIR's contractor registration database, and has confirmed
that TryCo General Engineering is registered with the DIR, and is appropriately licensed.
57
City Council Staff Report
September B, 2017— Page 7
Award Construction Contract for CP 15-23
TryCo General Engineering of Rim Forest, California, submitted the lowest responsive
bid; staff reviewed the bid and contractor's license, and found the Contractor and its
subcontractors to be properly licensed and qualified. A construction contract with TryCo
General Engineering is included as Attachment 2.
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference
Program," requires prime contractors to use good faith efforts to sub-contract the supply
of materials and equipment to local business enterprises and to sub-contract services to
businesses whose work force resides within the Coachella Valley. TryCo General
Engineering is not considered a local business, however, demonstrated sufficient
evidence of good faith efforts to sub-contract the supply of materials and equipment to
local businesses. Superior Ready Mix, in the City of Coachella, will supply materials for
the Project.
Construction Support Services
Albert A. Webb Associates completed the project design and therefore was requested
to provide design support services during construction. Their proposal is on an On-Call
basis and their services will be requested by the City as needed during the construction
phase of the Project. Their proposal is included as Attachment 3.
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 the SB 821 Missing Link Sidewalks, City Project No. 15-23, is
considered categorically exempt from CEQA and a Notice of Exemption was filed with
the Riverside County Clerk for City Project No. 15-31 that included segments that are
part of City Project 15-23. Filed Notice of Exemption is included as Attachment 4.
58
City Council Staff Report
September 6, 2017--Page 8
Award Construction Contract for CP 15-23
FISCAL IMPACT:
RCTC's SB 821 Bicycle and Pedestrian Facilities Program will reimburse the City for the
funded project costs and will include 43.6% of project costs, not to exceed $66,235 for
sidewalks on Indian Canyon Drive south of San Rafael Drive; 38.9% of project costs, not
to exceed $65,715 for sidewalks on Indian Canyon Drive south of Racquet Club Road;
and 50% of project costs, not to exceed $277,500 for sidewalks along Racquet Club Road
and Farrell Drive between Sunrise Way and Vista Chino, for a total maximum funding up
to $409,450. However, the lowest bid received for sidewalks along Racquet Club Road
and Farrell Drive is $328,170 and therefore is only eligible for $164,085 in SB 821
reimbursement. The remaining funding or the 'local match' portion of the project is
budgeted from prior fiscal year Measure J Capital Fund appropriated as part of the
Community Enhancements budget. The estimated expenditures and budget are
identified in Table 1.
Table 1
Table of Project Costs Amount
SB 821 Funding (FY 15/16) $131,950
SB 821 Funding FY 17/18 $164,085
FY 16/17 Measure J Fund 260 $602,000
Design Costs (through 7/5/17 $40,000
Project Administration (through 715/17) ($3,000)
Project Administration Estimated) $22,000)
Construction Engineering/Design Support
and Inspection (Includes WEBB Purchase ($70,000)
Order of$26,740
Construction Contract ($693,560)
Contingency 10%) ($69,360)
Total $115
59
City Council Staff Report
September 6, 2017 --Page 9
Award Construction Contract for CP 15-23
SUBMITTED
Thomas Garcia, P.E. Mar us L. Fuller, A, P.E., P.L.S
City Engineer Assistant City Manager
David H. Ready, Esq., . .
City Manager
Attachments:
1. Bid Summary
2. Construction Contract
3. Webb Proposal
4. Notice of Exemption
60
ATTACHMENT 1
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ATTACHMENT 2
Ga
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 TryCo General Engineering, 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:
SB 821 MISSING LINK SIDEWALKS
CITY PROJECT NO. 15-23
The Work comprises installation of missing sidewalks at Indian Canyon Drive, Racquet
Club Road and Farrell Drive in the City of Palm Springs including: surveying and
monument control (corner records), and recording, preservation and resetting of existing
survey monuments; removal of existing asphalt concrete pavement; unclassified
excavation; preparation of subgrade; asphalt concrete paving; removal and replacement or
installation of concrete curb and gutter, sidewalks, driveways, cross gutter/spandrel, curb
ramps and installation of truncated domes; adjustment of sewer manholes and water
valves to grade; traffic striping, signage and markings; traffic signal modification;
coordination with Southern California Edison for relocation of power poles and all other
appurtenant work.
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
SB 821 MISSING LINK SIDEWALKS
CITY PROJECT NO 15-23 AGREEMENT FORM
JULY 2017 AGREEMENT AND BONDS-PAGE 1
64
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.
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 Six Hundred Ninety Three Thousand, Five Hundred
and Sixty Dollars ($693,560).
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 numbers None to None , inclusive, 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.
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.
SB 621 MISSING LINK SIDEWALKS
CITY PROJECT NO. 15-23 AGREEMENT FORM
JULY 2017 AGREEMENTAND BONDS-PAGE 2
65
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 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 race,
religion, color, sex, age, marital status, ancestry, national origin, sexual orientation,
gender identity, gender expression, physical or mental disability, or medical condition.
Contractor shall ensure that applicants are employed, and that employees are treated
during their employment, without regard to their race, religion, color, sex, age, marital
status, ancestry, national origin, sexual orientation, gender identity, gender expression,
SB 821 MISSING LINK SIDEWALKS
CITY PROJECT NO. 1 S23 AGREEMENT FORM
JULY 2017 AGREEMENT AND BONDS-PAGE 3 (+
U6
physical or mental disability, or medical condition. Such actions shall include, but not be
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.
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
SB 821 MISSING LINK SIDEWALKS
CITY PROJECT NO. 15-23 AGREEMENT FORM
JULY 2017 AGREEMENT AND BONDS-PAGE 4
e7
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, APPROVED BY THE CITY COUNCIL:
CALIFORNIA
Date
By
David H. Ready
City Manager Agreement No.
ATTEST:
By
Kathleen D. Hart
Interim City Clerk
APPROVED AS TO FORM:
By
Edward Z. Kotkin
City Attorney
RECOMMENDED:
By
Thomas Garcia, P.E.
City Engineer
SB 821 MISSING LINK SIDEWALKS
CITY PROJECT NO.15-23 AGREEMENT FORM
JULY 2017 AGREEMENT AND BONDS-PAGE 5
ea
CONTRACTOR
By: TrvCo General Engineering, a California Corporation
Firm/Company Name
By: _ By:
Signature(notarized) Signature(notarized)
Name: Name:
Title: Title:
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 (This Agreement must be signed in the above
space by one having authority to bind the space by one having authority to bind the
Contractor to the terms of the Agreement.) Contractor to the terms of the Agreement.)
State of ) State of 1
County of )ss County of )ss
On On
before me, before me,
personally appeared personally appeared
who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and is/are subscribed to the within instrument and
acknowledged to me that he/shelthey executed acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies),
and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the of which the person(s) acted, executed the
instrument. instrument.
I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing laws of the State of California that the foregoing
paragraph is true and correct. paragraph is true and correct.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
SB 821 MISSING LINK SIDEWALKS
CITY PROJECT NO, 15-23 AGREEMENT FORM
JULY 2017 AGREEMENT AND BONDS-PAGE 6
G9
ATTACHMENT 3
as
A L B E R T A.
Opp. #012344
Ow M6101
AS50CIATEs
July 5, 2017
Corporate Headquarters
3788 McCray Sireet Mr. Savat Khamphou, P.E.
Riverside,CA92506 City of Palm Springs
951,686.1070 3200 E. Tahquitz Canyon Way
Palm Deserl Office Palm Springs, CA, 92262-2743
41-990 Cook St.,Bldg.I-#8016
Palm Desert,CA 92211 RE: Proposal for Staking and Construction Assistants Services for
951.686.1070 SB 821 Missing Link Sidewalks Project
Murrieta Office
41391 Kalmia Street 4320
Murneta.CA 92562 Dear Savat,
951.686.1070
Albert A. WEBB Associates is pleased to provide you with this proposal for
Staking and Construction Assistants Services for SB 821 Missing Link Sidewalks
Project in the City of Palm Springs, CA. Enclosed you will find our Scope of Work
(Exhibit "A"), and Compensation for Services (Exhibit "B") for your review and
consideration.
The proposed Scope of Services is based on the bid set of improvement plans
provided. We have done our best to anticipate your project's development
requirements.
If you find this proposal acceptable, please provide us with a standard contract for
execution. We appreciate this opportunity to be of service to your firm and look
forward to hearing from you. If you have any questions regarding this proposal,
please contact us at 951-686-1070.
Sincerely,
ALBERT A. WEBB ASSOCIATES
ge� AeA
Dilesh Sheth, P.E., T.E.
Vice President
II
VIM936
www.webbassociates.com
71
EXHIBIT "A" SCOPE OF SERVICES
Our understanding of the needs for this proposed development is as follows:
WEBB will provide construction staking and construction support services for the sidewalk and street
improvements for SB B21 Missing Link Sidewalks project.
Construction Staking
Field Coordination/Office Calculations
• Provide coordination with the contractor and scheduling of field surveyors with the client/client
representative.
• Provide office support to the field surveyors consisting of task setup, calculating and plotting, and
preparation of grade sheets for those items to be staked as requested by the client/client
representative.
• Provide review and cataloging of all developed field compiled data. Distribute digital grade sheets to
client/client representative for their distribution to agency and/or contractors.
• Attend one pre-construction meeting and one close-out meeting with the client/client representative.
Establish Field Control
• Provide horizontal and vertical survey control points throughout the progress of the project, including
the setting of project bench marks.
Removal Limits
• Pavement removals. Consists of marking (paint) limits for removal of Asphalt, AC Dike and Curb.
Curb, Curb with Gutter, AC Dike and Edge of Pavement
• Curb, Curb with Gutter, and Temporary Curb or AC Berm. Consists of stakes being set at 25-foot
intervals offset from curb face and graded to top of curb. Includes center of driveways, curb returns,
(BCs) beginning and (ECs) and of curves, and grade breaks. Includes Limonite Ave. and center
median.
• Edge of Pavement, AC Dike. Consists of stakes being set at 25-foot intervals offset from edge of
pavement and graded to finish surface. Includes (BCs) beginning and (ECs) end of curves, and grade
breaks. Includes Limonite Ave. and Restaurant area.
• Curb returns and ramps. Consisting of 3 stakes per curb return. Stakes to be offset from curb face
and graded to top of curb. Includes 1 stake for the centerline of handicap access ramp.
Miscellaneous Staking
• Staking proposed curb location and elevation for power pole relocation as needed
• Staking centerline of driveways and ADA Ramps
• Staking retaining curbs
• Staking Traffic Signal poles, cabinet, controller, pull boxes
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72
Construction Assistance
• Respond to request for information (RFI) regarding design drawings and technical provisions during
bidding phase.
• Assist City of Palm Springs in preparation of addenda in response to RFIs.
• Attend the pre-construction meeting.
• Respond to request for information (RFI) regarding design drawings and technical provisions during
construction phase.
• Attend the project construction meetings (2) on as needed basis.
• Incorporate redline comments prepared by the Contractor and Project Inspector and develop as-built
plans.
• The City will review and approval submittals.
Additional Services
Services which are not identified herein as services to be performed by Webb Associates and are
not typically associated with the services outlined in Exhibit "B" are considered Additional
Services for the purposes of this proposal. The client may request that Webb Associates
perform services which are additional services. Webb Associates will perform such additional
services upon execution of an amendment to this Agreement setting forth the scope, schedule,
and fee for such additional services.
Page 3 of 4
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73
EXHIBIT "B" COMPENSATION FOR SERVICES
Work shall be billed on an hourly basis not to exceed the amount indicated below without prior
authorization from the client. Total fees for services shown in the Scope of Work (Exhibit "A") shall be
$25,740.00. Charges for services will be billed monthly on a percent complete basis, A breakdown of our
fees per bid schedule is listed below:
Indian Canyon Drive
(South of San Rafael Drive, Bid Schedule A) $5.350
Indian Canyon Drive
(South of Racquet Club Road. Bid Schedule B) $8,170
Racquet Club Road & Farrell Drive
(From Sunrise to Vista Chino, Bid Schedule C) $13,220
TOTAL $26,740
Exhibit "B" - compensation for SD 821 CP 15-23
U) 6 0
— > 2 _
g ftem No _ ftem a a
A-1 Construction Staking,Reid Cax.&t ftke Sttp{sort.--... 6 2 2 2 4 t8 $ 2,730
Csx)xUu:�tkw Staking,Field Cuca.&OM--e SLl:,p. i .. 16
A-2 Construction Phase Support 2 4 2 8 18 $ 2.620
Constnu tlori Phasa Support ---�-- - 16
Bid Schedule A Total 2 A 4 2 4 2 12 34 $ 5.35b
B-1 Constrtrcttor+Stele .Field Coor.&Off"support 12 6 2 2 4 26 3,97
Construction Staking.Field Cots.&C111ce Support 2ti
B-2 ConstructW Phase Supporl 4 4 6 4 8 26 $ 4,210
CtriaUucliun Plisse Suvlxal - 2b .
Bed Sctsedtle B Total 4 12 1 10 1 6 1 1 5 2 12 52 $ 8,170
C-1 construction Stelorsp,Fleld Coor.&01%ce 8upp ''1 2fl R 4 2 6 40 $ 8,G00
Construction Staking, Fleld Cocr.&Gnce Suprxx`. 40
C-2 Conehuctloo Phase Support 6 4 12 0 16 44 S 7,220
Construction Phase Support -- - 44
&d Schedule C Total 6 20 12 12 10 2 22 64 ;13,220
SW Schedule C Total $26,740
Page 4 of 4
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74
ATTACHMENT 4
75
F I L E D / P O S T E D
County of Riverside
Peter
Aldana
Assessor-County Clerk-Recorder NOTICE OF EXEMPTION
G-201700443
04/17/2017 03:56 PM Fee: $ 52-00
Page 1 of 2 MAY 2 6 2017
)search From: City of Palm Springs
Rem(ovell: {�,y�, NBy: , Deputy 121 3200 E.Tahquitz Canyon Way
III�L1� 01JLTt/O[ 111#1 �I III Palm Springs,CA 92262
t 111111 fYYY'S®1111111rr Clerk of the Board
County of Riverside
P.O. Box 751
Riverside,CA 92502-0751
Project Title: Measure J Community Projects—Sidewalk Gap Closure Improvements, City Proiect No. 15-31
Project Applicant: City of Palm Springs
Project Location (Specific):
street Between
Alejo Road CWe Encilia and Calla El Segundo
Amado Road Farrell Drive and Sunrise Way
Arenas Road Belardo Road and Tennis Club Road
Baristo Road Belardo Road and Tennis Club Road
Baristo Road Farrell Drive and Sunrise Way
Camino Real So. Riverside and Indian Trail
E. Palm Canyon Driftwood Drive and Calle Rolph
Farrell Drive Racquet Club and Vista Chino
Indian Canyon Drive Mel and Vista Chino
Indian Canyon Drive Racquet Club.and Via Olivers
Indian Canyon Drive San Rafaat Drive and Simms Road
Murray Canyon Dr, Kings Road and Toledo Ave.
Racquet Club Road' S€inrjse.to Cerritos Drive
RacquetClub Road Cerrittis Drive and Farrell Drive
Racquet Club Cardillo to North Palm Canyon
Sunny Dunes Road S. Palm Canyon and Calla Amigo
Project Location (City): City of Palm Springs Project Location (County): Riverside
Project Description: Installation of Concrete Curb and Gutter, Driveways, Sidewalks and Access Ramps.
Name of Public Agency Approving Project: City of Palm Springs
Name of Person or Agency Carrying Our Project: City of Palm Springs, Engineering Services Department
3200 E. Tahquitz Canyon Way, Palm Springs,CA 92262
Exempt Status: (check one)
❑ Ministerial (Sec. 21080(b)(1); 15268);
❑ Declared Emergency(Sec.21080(b)(3); 15269(a));
❑ Emergency Project(Sec. 21080(b)(4); 15269(b)(c));
® Categorical Exemption. State type and section number: 15301 Class 1(c)—Existing Facilities
❑ Statutory Exemptions.State code number:
76
IF ILED / P05 TIE D
County of Riverside
PeterIdana
Assessor-County Clerk-Recorder NOTICE OF EXEMPTION
E-201700443
04/17/2@17 03:,t5A6y PM Feqe: $ 50.00
Page 1 of 2 MAY 4 2��1
Removed: By: Deputy -search From: City of Palm Springs
' I i 121 3200 E.Pam Springs, CA 92262 itz Canyon Way
Clerk of the Board
County of Riverside
P.O. Box 751
Riverside, CA 92502-0751
Project Title: Measure J Community Proiects—Sidewalk Gap Closure Improvements, City Project No. 15-31
Project Applicant: City of Palm Springs
Project Location (Specific):
Street Between
Alejo Road Calle Encilia and Calle EI Segundo
Amado Road Farrell Drive and Sunrise Way
Arenas Road Belardo Road and Tennis Club Road
Baristo Road Belardo Road and Tennis Club Road
Barlsto Road Farrell Drive and Sunrise Way
Camino Real So. Riverside and Indian Trail
E, Palm Canyon Driftwood Drive and Calle Rolph
Farrell Drive Racquet Club and Vista Chino
Indian Canyon Drive Mel and Vista Chino
Indian Canyon Drive Racquet Club and Via Olivera
Indian Canyon Drive San Rafael Drive and Simms Road
Murray Canyon Dr. Kings Road and Toledo Ave.
Racquet Club Road Sunrise to Cerritos Drive
Racquet Club Road Cerritos Drive and Farrell Drive
Racquet Club Cardillo to North Palm Canyon
Sunny Dunes Road S. Palm Canyon and Calls Amigo
Project Location (City): City of Palm Springs Project Location (County): Riverside
Project Description: Installation of Concrete Curb and Gutter, Driveways, Sidewalks and Access Ramps.
Name of Public Agency Approving Project: City of Palm Springs
Name of Person or Agency Carrying Our Project: City of Palm Springs, Engineering Services Department
3200 E.Tahquitz Canyon Way, Palm Springs, CA 92262
Exempt Status: (check one)
❑ Ministerial (Sec. 21080(b) (1); 15268);
❑ Declared Emergency(Sec. 21080(b) (3); 15269(a));
❑ Emergency Project(Sec. 21080(b) (4); 15269 (b)(c));
® Categorical Exemption. State type and section number: 15301 Class 1(c)-Existing Facilities
❑ Statutory Exemptions. State code number:
70
Reasons why project is exempt: Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alternation of existing public or private 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. The type of"existing facilities"to be
considered exempt Is determined by whether the project involves negligible or no expans on of an existing use, and includes
existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. Therefore, Measure J
Community Projects — Sidewalk Gap Closure Improvements, City Project No. 15-31, is considered categorically exempt from
CEQA for the locations identified.
Lead Agency Contact Person: Marcus L. Fuller, PE, PLS Area Cod elTelephonelExtenslon: (760) 322-8380
If filed by applicant:
I.Attach certified document of exemption finding.
2.Has a Notice of Exemption been filed by the public agency approving the project? ❑Yes ❑ No
Signature:"1 Date: Title: Asst. City Manager/City Engineer
® Signed by Lead Agency❑Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code Date received for filing at OPR:
Reference: Sections 21108,21152, and 21152.1, Public Resources Code.
77
Reasons why project is exempt: Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alternation of existing public or private 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. The type of"existing facilities"to be
considered exempt is determined by whether the project involves negligible or no expansion of an existing use, and includes
existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. Therefore, Measure J
Community Projects — Sidewalk Gap Closure Improvements, City Project No. 15-31, is considered categorically exempt from
CEQA for the locations identified.
Lead Agency Contact Person: Marcus L. Fuller, PE, PLS Area Code/Telephone/Extension: (760) 322-8380
If filed by applicant:
1.Attach certified document of exemption finding.
2.Has a Notice of Exemption been filed by the public agency approving the project? ❑Yes ❑ No
1"k Signature:* Date: Title: Asst, City Manager/City Engineer
® Signed by Lead Agency ❑Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code Date received for filing at OPR:
Reference: Sections 21108,21152, and 21152.1, Public Resources Code.
� 1
ATTACHMENT 4
78
FI LED / P0ST ,ED
County of Riverside
Peter
Aldana
Assessor-County Clerk-Recorder NOTICE OF EXEMPTION
ou
E-201700443
04/17/2017 03:56 PM Fee: $ 50.00
Page 1 of 2 MAY 2 4 2017
Rem+ov�ed: By:{ �I Deputy search From: City of Palm Springs
121 Pa3200 E. Tahquitz Canyon lm Springs, CA 92262Way
® Clerk of the Board
County of Riverside
P.O. Box 751
Riverside, CA 92502-0751
Project Title: Measure J CommunitkProjects—Sidewalk Gap Closure Improvements, City Project No. 15-31
Project Applicant: City of Palm Springs
Project Location (Specific):
Street Between
Alejo Road Calle Encilia and Calle El Segundo
Amado Road Farrell Drive and Sunrise Way
Arenas Road Belardo Road and Tennis Club Road
Baristo Road Belardo Road and Tennis Club Road
Baristo Road Farrell Drive and Sunrise Way
Camino Real So. Riverside and Indian Trail
E. Palm Canyon Driftwood Drive and Calle Rolph
Farrell Drive Racquet Club and Vista Chino
Indian Canyon Drive Mel and Vista Chino
Indian Canyon Drive Racquet Club and Via Olivera
Indian Canyon Drive San Rafael Dive and Simms Road
Murray Canyon Dr. Kings Road and Toledo Ave.
Racquet Club Road Sunrise to Cerritos Drive
Racquet Club Road Cerritos Drive and Farrell Drive
Racquet Club Cardillo to North Palm Canyon
Sunny Dunes Road S. Palm Canyon and Calls Amigo
Project Location (City): City of Palm Springs Project Location (County): Riverside
Project Description: Installation of Concrete Curb and Gutter, Driveways, Sidewalks and Access Ramps.
Name of Public Agency Approving Project: City of Palm Springs
Name of Person or Agency Carrying Our Project: City of Palm Springs, Engineering Services Department
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Exempt Status: (check one)
❑ Ministerial (Sec. 21080(b) (1); 15268);
❑ Declared Emergency(Sec. 21080(b) (3); 15269(a));
❑ Emergency Project(Sec. 21080(b)(4); 15269(b)(c));
® Categorical Exemption. State type and section number: 15301 Class 1(c)—Existing Facilities
❑ Statutory Exemptions. State code number:
79
Reasons why project is exempt: Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alternation of existing public or private 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. The type of"existing facilities"to be
considered exempt is determined by whether the project involves negligible or no expansion of an existing use, and includes
existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. Therefore, Measure J
Community Projects — Sidewalk Gap Closure Improvements, City Project No, 15-31, is considered categorically exempt from
CEQA for the locations identified.
Lead Agency Contact Person: Marcus L. Fuller, PE, PLS Area Code/Telephone/Extension: (760) 322-8380
If filed by applicant:
1.Attach certified document of exemption finding.
2,Hasa Notice of Exemption been filed by the public agency approving the project? ❑Yes [] No
Signature: T Date: Title: Asst. City Manager/City Engineer
® Signed by Lead Agency❑Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code Date received for filing at OPR:
Reference: Sections 21108,21152, and 21152.1, Public Resources Code.
80