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HomeMy WebLinkAbout10/4/2017 - STAFF REPORTS - 1.J.e&LM OR Citv Council Staff Report DATE: October 4, 2017 CONSENT CALENDAR SUBJECT: APPROVE REIMBURSEMENT AGREEMENTS WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR FUNDING CONTRIBUTIONS TO VARIOUS PROJECTS RELATED TO THE 2017 CVAG BICYCLE AND PEDESTRIAN SAFETY PROGRAM AND APPROVE PURCHASE ORDERS TO ALBERT A. WEBB ASSOCIATES FOR DESIGN SERVICES FOR CERTAIN PROJECTS FROM: David H. Ready, City Manager BY: Engineering Services Department SUMMARY This action requests Council approval of four Reimbursement Agreements with the Coachella Valley Association of Government (CVAG) for the 2017 Bicycle and Pedestrian Safety Program grants awarded to the City of Palm Springs; and requests Council approval of Purchase Orders to Albert A. Webb Associates for design services for the traffic safety improvement projects awarded grant funding by CVAG. RECOMMENDATION: 1. Approve Agreement No. , a Reimbursement Agreement for funding contribution from the Coachella Valley Association of Governments 2017 Bicycle and Pedestrian Safety Program in the amount of $1,989,000 for the Palm Canyon Drive Pedestrian Enhancements in Downtown, City Project No. 17-07; 2. Approve Agreement No. , a Reimbursement Agreement for funding contribution from the Coachella Valley Association of Governments 2017 Bicycle and Pedestrian Safety Program in the amount of $2,000,000 for the Indian Canyon Drive Pedestrian Enhancements in Downtown, City Project No. 17-08; 3. Approve Agreement No. , a Reimbursement Agreement for funding contribution from the Coachella Valley Association of Governments 2017 Bicycle and Pedestrian Safety Program in the amount of $1,255,500 for the East Palm Canyon/South Palm Canyon Drive Pedestrian Improvements, City Project No. 17-09; 4. Approve Agreement No. , a Reimbursement Agreement for funding contribution from the Coachella Valley Association of Governments 2017 Bicycle and ITEM NO. I' J' City Council Staff Report October 4, 2017 -- Page 2 Approve CVAG Reimbursement Agreements for 2017 Bicycle and Pedestrian Safety Program Pedestrian Safety Program in the amount of $516,000 for installation of traffic signals at Vista Chino (Hwy 111) and Via Miraleste, City Project No. 17-03, and North Palm Canyon Drive (Hwy 111) and Via Escuela, City Project No. 17-05; 5. Reserve the amount of $2,000,000 from the Measure J Fund in the 2018/19 Fiscal Year for the Measure J Community Projects (Traffic Hot Spots 2.0 Program) to be used for the required CVAG local match for the 2017 Bicycle and Pedestrian Safety Program projects; 6. Authorize a Purchase Order to Albert A. Webb Associates pursuant to On -Call Agreement No. 6443 in the amount of $259,620 for design services for the Palm Canyon Drive Pedestrian Enhancements in Downtown, City Project No. 17-07; 7. Authorize a Purchase Order to Albert A. Webb Associates pursuant to On -Call Agreement No. 6443 in the amount of $199,960 for design services for the Indian Canyon Drive Pedestrian Enhancements in Downtown, City Project No. 17-08; 8. Authorize a Purchase Order to Albert A. Webb Associates pursuant to On -Call Agreement No. 6443 in the amount of $140,800 for design services for the East Palm Canyon/South Palm Canyon Pedestrian Improvements, City Project No. 17-09; and 9. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: Early in 2017, ONE -PS Code Enforcement and Public Works Committee requested Palm Springs Police Department (PSPD) create a map of 2014, 2015 and 2016 traffic collisions involving Bicycles and Pedestrians, shown in Figure 1. With this data, ONE -PS Code Enforcement and Public Works Committee discussed possible mitigation with the Engineering Services Department (Engineering). Engineering analyzed the PSPD data in what appear to be major accident corridors for capital improvement projects that could be implemented to improve safety in the areas of concern. ONE -PS and PSPD also reached out to the Measure J Commission seeking Community Projects funding for identified capital improvement projects. 02 City Council Staff Report October 4, 2017 -- Page 3 Approve CVAG Reimbursement Agreements for 2017 Bicycle and Pedestrian Safety Program FIGURE 1 Traffic Collisions Pedestrians/Bicyclists Involved 2014-2016 ae •eaYe d� o•aafaYnre- 1*x-__ _-'_ -_r. a +ea4r an�earay puoaaea .. City Council Staff Report October 4, 2017 -- Page 4 Approve CVAG Reimbursement Agreements for 2017 Bicycle and Pedestrian Safety Program In the Spring of 2017, CVAG initiated a Call for Projects for $10 million in grant funding related to their Bicycle and Pedestrian Safety Program. In response to that Call for Projects aimed at bicycle and pedestrian safety, the City submitted seven project applications focused on locations that coincided with the traffic collision data provided by PSPD. On June 26, 2017, CVAG staff made a recommendation to the Executive Committee to approve 10 project applications submitted by various cities in the Coachella Valley. From the seven projects submitted by the City of Palm Springs, five applications were approved and summarized in Table 1. TABLE 1 City CVAG Local Project Project Project LocationiDescription Grant Share Cost NEW TRAFFIC SIGNALS AT VISTA CP 17-03 & CP 17- CHINO (SR 111) & VIA MIRALESTE AND $516,000 $959,000* $1,475,000 AT NORTH PALM CANYON DRIVE (SR 05 111) & VIA ESCUELA INTERSECTIONS PEDESTRIAN CROSSWALKS -NORTH CP 16-13 PALM CANYON DRIVE AND STEVENS $411 000 $137,000** $548,000 ROAD AND AT VIA LAS PALMAS INTERSECTIONS PEDESTRIAN SAFETY ENHANCEMENTS CP 17-07 AT SIGNALIZED INTERSECTIONS $1 989 000 $663,000 $2,652,000 ALONG DOWNTOWN PALM CANYON DRIVE CORRIDOR PEDESTRIAN SAFETY ENHANCEMENTS CP 17-08 AT SIGNALIZED INTERSECTIONS $2 000 000 $730,000 $2,730,000 ALONG DOWNTOWN INDIAN CANYON DRIVE CORRIDOR PEDESTRIAN SAFETY IMPROVEMENTS CP 17-09 ALONG SOUTH AND EAST PALM $1,255,500 $418,500 $1,674,000 CANYON DRIVE CORRIDOR TOTAL $6,171,500 $2,907,500 $9,079,000 *Caltrans has provided matching funds up to $490,000 reducing the local share by that amount. "The project is in construction, local Measure A funds will be used for the local share. CVAG Reimbursement Agreements On September 11, 2017, the CVAG Technical Advisory Committee recommended approval of Reimbursement Agreements with all agencies awarded funds from the 2017 CVAG Bicycle and Pedestrian Safety Program. The CVAG Executive Committee is scheduled to approve these agreements at its meeting scheduled for September 25, 2017. A copy of the CVAG staff report dated September 11, 2017, is included as Attachment 1. 4.. 04 City Council Staff Report October 4, 2017 -- Page 5 Approve CVAG Reimbursement Agreements for 2017 Bicycle and Pedestrian Safety Program Staff recommends approval of the Reimbursement Agreements between the City of Palm Springs and CVAG, and notes that CVAG has imposed a time trigger that all projects need to start construction by December 1, 2018. These agreements will facilitate Regional Measure A funding contributions of up to: • $1,989,000 for the Palm Canyon Drive Pedestrian Enhancements in Downtown, City Project No. 17-07. • $2,000,000 for the Indian Canyon Drive Pedestrian Enhancements in Downtown, City Project No. 17-08* *This funding was obtained to implement modifications to all traffic signals along the Indian Canyon Drive corridor (Tachevah Drive to Ramon Road), as well as construct curb -pop outs and pedestrian crossing improvements. To the extent the Council elects to proceed with the Indian Two -Way Conversion Project, some of this funding will apply to those costs related to traffic signal modifications and pedestrian (curb pop -out) improvements, thereby reducing the City's cost for that project. $1,255,500 for the East Palm Canyon/South Palm Canyon Drive Pedestrian Improvements, City Project No. 17-09. • $516,000 for installation of traffic signals at Vista Chino (Hwy 111) and Via Miraleste, City Project No. 17-03, and North Palm Canyon (Hwy 111) and Via Escuela, City Project No. 17-05. A copy of the Reimbursement Agreements with CVAG is included as Attachment 2. Local Match and Additional Funding from Measure J The City is responsible for the funding match of the minimum 25% of the project costs and any additional project costs exceeding the awarded grant. Knowing that the City would be awarded $6,171,500 Engineering staff approached the Measure J Commission seeking funds for the local match and any additional project costs. With the success of funding the Measure J Community Projects (Traffic Hot Spots Program), in 2016/2017 the Measure J Commission solicited proposals for its next community project theme. As a result of that effort, the Measure J Commission agreed with a concept to continue the Traffic Hot Spots Program (Hot Spots 2.0), particularly in an effort to address the high volume of pedestrian and bicycle accidents demonstrated by PSPD in its graphical data identified in Figure 1. The Measure J Commission anticipates requesting the continuance of the City Council's budget of $1,000,000 annually for community projects with the concept of Hot Spots 2.0. 05 City Council Staff Report October 4, 2017 -- Page 6 Approve CVAG Reimbursement Agreements for 2017 Bicycle and Pedestrian Safety Program At its June 15, 2017, Measure J Commission meeting, staff presented the various traffic safety improvement projects to be funded up to 75% of the total cost with CVAG's award of the 2017 Bicycle and Pedestrian Safety Program grants, coinciding with the Commission's prior determination to fund the next series of community projects to address these very same traffic issues. Staff requested the Commission consider allocating $2,000,000 of the future Measure J funds for community projects ($1,000,000 in 2018/19 and $1,000,000 in 2019/20) to be used for the required 25% local match to the CVAG grants for these projects. The Measure J Commission considered the request, and by unanimous vote approved a formal action to: The money left over from this year's allocation of $1.2 Million for Traffic Hot Spots, the next two years $1 Million for Community Project recommendation (after this fiscal year), and the savings of the North Palm Canyon Project be lumped together and the total be allocated toward the completion of the projects that are funded by the CVAG Grant. As noted earlier, the CVAG Reimbursement Agreement includes a time trigger to start construction by December 2018. This restriction will require the City to fully fund the project in fiscal year 2018/19 requiring the full $2,000,000 to be appropriated in the 2018/2019 fiscal year. In order to ensure these projects are fully funded, staff recommends the City Council consider the action taken by the Measure J Commission, and reserve $2,000,000 in fiscal year 2018/19 Measure J funding for appropriations to the Measure J Community Enhancement Hot Spots 2.0 Program to provide the matching and additional funds to the Bicycle and Pedestrian Safety Program projects. A copy of the meeting minutes from the June 15, 2017, Measure J Commission meeting is included as Attachment 3. Purchase Orders for Albert A. Webb Associates for Design Services The traffic signal installation at Vista Chino (Hwy 111) and Via Miraleste, City Project No. 17-03, and at North Palm Canyon Drive (Hwy 111) and Via Escuela, City Project No. 17- 05 is currently in design. The Pedestrian Crosswalks on North Palm Canyon at Stevens Road and Via Las Palmas Intersections, City Project 16-13 has been awarded and is scheduled to start construction in October. For the remaining projects, the City solicited proposals from its four on -call engineering firms to provide the City with various civil and traffic engineering services; three of the four firms (Harris & Associates, Albert Grover & Associates and MSA Consulting) declined to submit proposals due to their workload. Albert A. Webb Associates was the only remaining firm to submit proposals for the remaining projects. After staff evaluation, Albert A. Webb Associates has provided the City with cost effective and comprehensive proposals not to exceed the following costs for 0E City Council Staff Report October 4, 2017 -- Page 7 Approve CVAG Reimbursement Agreements for 2017 Bicycle and Pedestrian Safety Program their design services listed below. Albert A. Webb Associates is also the design consultant performing design of the Indian Canyon Drive two-way conversion project. They will incorporate certain design features (curb extensions, traffic signal alignment, ADA improvements, etc.), where feasible, from this project into the Indian Canyon Drive Pedestrian Enhancements, City Project No. 17-08 to maximize the funding opportunity. Copies of Webb's proposals are included as Attachment 4. Staff recommends City Council authorize the following purchase orders with Albert A. Webb and Associates for the three projects listed below: • A purchase order in the amount of $259,620 for design services for the Palm Canyon Drive Pedestrian Enhancements in Downtown, City Project No. 17-07. • A purchase order in an amount of $199,960 for design services for the Indian Canyon Drive Pedestrian Enhancements in Downtown, City Project No. 17-08. • A purchase order in an amount of $140,800 for design services for the East Palm Canyon/South Palm Canyon Pedestrian Improvements, City Project No. 17-09. 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 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 following projects are considered categorically exempt from CEQA and a Notice of Exemption (NOE) will be filed with the Riverside County Clerk. FISCAL IMPACT: The Palm Springs Police Department (PSPD), Organized Neighborhoods of Palm Springs (One -PS), and the Engineering Services Department have worked with the Measure J Commission to develop projects and establish annual funding for the Community Projects (Traffic Hot Spots Program) with the purpose of addressing pedestrian and bicycle safety accidents. 07 City Council Staff Report October 4, 2017 -- Page 8 Approve CVAG Reimbursement Agreements for 2017 Bicycle and Pedestrian Safety Program With the City Council's approval of the CVAG Reimbursement Agreements, the City will receive up to $6,171,500 in grant funds from the 2017 CVAG Pedestrian and Bicycle Safety Program, for the very same projects the Measure J Commission recommends the City Council fund through the continuation of the Measure J Community Projects (Traffic Hot Spots 2.0 Program) with $1,000,000 annual funding in 2018/19 and 2019/20. Given the Measure J Commission's actions recommending the future Measure J funding for these projects, staff is recommending that the City Council reserve $2,000,000 of Measure J funds in 2018/19 necessary for the required local match for the CVAG funded traffic safety improvement projects. The City will significantly benefit knowing that its investment of $2,000,000 from the Measure J fund will generate $9,000,000 in traffic safety improvement projects addressing areas of the City with the highest volumes of pedestrian and bicycle related traffic accidents. With the City Council's approval of the recommended actions, sufficient funding will be available to approve Purchase Orders with Albert A. Webb Associates from the following accounts: • A purchase order in the amount of $259,620 for design services for the Palm Canyon Drive Pedestrian Enhancements in Downtown, City Project No. 17-07. Account No. 134-4497-50348: $194,715.00 (75%) Account No. 260-4494-50348: $ 64,905.00 (25%) • A purchase order in an amount of $199,960 for design services for the Indian Canyon Drive Pedestrian Enhancements in Downtown, City Project No. 17-08. Account No. 134-4497-50349: $149,970.00 (75%) Account No. 260-4494-50349: $ 49,990.00 (25%) • A purchase order in an amount of $140,800 for design services for the East Palm Canyon/South Palm Canyon Pedestrian Enhancements, City Project No. 17-09. Account No. 134-4497-50350: $105,600.00 (75%) Account No. 260-4494-50350: $ 35,200.00 (25%) City Council Staff Report October 4, 2017 -- Page 9 Approve CVAG Reimbursement Agreements for 2017 Bicycle and Pedestrian Safety Program SUBMITTED: " 'Z — Thomas Garcia, P.E. City Engineer David H. Ready, Esq., Ph. City Manager Attachments: 1. CVAG Staff Report 2. CVAG Reimbursement Agreements 3. Measure J Meeting Minutes 4. Albert A. Webb Associates Proposals Marcus L. Fuller, MPA, P.E., P.L.S. Assistant City Manager v� ATTACHMENT 1 1 10 ITEM 7C Coachella Valley Association of Governments Technical Advisory Committee September 11, 2017 Staff Report Subject: 2017 CVAG Bicycle and Pedestrian Safety Program Contact: Eric Cowie, Transportation Program Manager (ecowle(d),cvaa.ora) Recommendation: Approve ten project Reimbursement Agreements submitted for the CVAG 2017 Bicycle and Pedestrian Safety Program, and $247,500 in additional funding for Signal Synchronization components in the Desert Hot Springs project. Transportation Committee: CONCURS (Meeting of August 28'h) Background: In February, the Executive Committee approved $10M in Regional funding for projects that directly address Bicycle and Pedestrian Accidents and Fatalities on CVAG's Regional Arterials. In June the Executive Committee approved the top ten projects recommended for funding consistent with the Bicycle and Pedestrian Safety Program for 2017. The ten projects approved by the Executive Committee in June: Jurisdiction Desert Hot Springs Palm Springs Palm Springs Palm Springs Cathedral City City of Indio Palm Springs Cathedral City Palm Springs City of Indio Project Request Accidents/vear Palm Drive Signals/Lighting $2,000,000 3.7 Palm Canyon Ped Enhancements $1,989,000 3.0 E. Palm Canyon/S. Palm Canyon $1,255,500 2.7 Indian Canyon Ped Enhancements $2,000,000 2.3 Date Palm Sidewalk Gaps $ 451,500 2.0 Calhoun Street $ 786,203 1.3 Vista Chino Signals $ 516,000 1.0 Dinah Shore Mid -Block Xing $ 180,000 1.0 Palm Canyon X walks $ 411,000 0.7 Avenue 48 Bike Lanes $ 686,181 QQ $10,235,384 18.3 Collectively, these projects address situations that are responsible for 18.3 bicycle and pedestrian accidents per year. The proposed projects include segments where 67 accidents, including 8 fatalities have occurred in recent years. The recommended corridors include some of the region's heaviest bicycle and pedestrian activity, and the solutions presented will certainly make a difference in reducing injury and loss of life for cyclists and pedestrians. The recommendation is to approve these ten Reimbursement Agreements as a group. All of the Reimbursement Agreements follow the same CVAG format. Each agreement includes two exhibits, one indicating project scope and one indicating project cost. One Reimbursement Agreement has been attached as an example, with the scope and costs from all agreements also attached. 11 Each of the reimbursement Agreements contain a "Time Trigger" stipulating that the project begin within one year of execution. Each of the projects that involve traffic signals and lighting include conditions that they design their improvements consistent with the Regional Signal Synchronization Program. Staff is recommending approval of all ten Reimbursement Agreements as a group. There is one project that requires further elaboration. Desert Hot Springs' Palm Drive Signals and Lighting Project did not take into account the improvements necessary to be consistent with the Regional Signal Synchronization Program. There is a considerable cost savings to install these elements concurrently with this project as opposed to separately at a later date. The City estimates these additional costs at $330,000. Staff recommends inclusion of these signal synchronization elements with the Safety Program project, and proposes that the $330,000 be split 75%/25% with regional funding outside of the Bicycle and Pedestrian Safety Program funding. Fiscal Impact: Regional Transportation Funds are available to cover CVAG's share of $10,235,384 requested in the Safety Project applications, and the $247,500 necessary to fund the Signal Synchronization elements in the City of Desert Hot Springs Project. Attachments: Sample Reimbursement Agreement Scope and Cost for each project AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND ANY CITY PROJECT TITLE/DESCRIPTION THIS AGREEMENT is made and entered into this 25th day of September, 2017, by and between the Any City ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances: RECITALS The "Coachella Valley Area Transportation Study", a valley -wide study prepared under the auspices of CVAG, has identified various transportation and highway projects and corridors throughout the Coachella Valley to be of regional importance. This project is included in the 2016 Transportation Project Prioritization Study (TPPS) document; and, Approval of a highway financing measure by the voters of Riverside County in November of 1988, as well as the approval of an extension of Measure A by the voters in November of 2002, has created a source of funds with which to construct such projects; and, CVAG by agreement with its member agencies and with the Riverside County Transportation Commission ("RCTC"), has been designated as the agency through which such funds are to be conveyed and disbursed for the purpose of completing said regional transportation projects; and, CVAG Executive Committee, on July 31, 2006, approved the implementation of the amended Transportation Uniform Mitigation Fee "TUMF" Fee Ordinance to increase the collected TUMF Fee, effective January 1, 2007; and, Under CVAG's policy of funding eligible projects with member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying Twenty-five Percent (25%) of the Project costs (the Local Share), as well as any ineligible project costs, and CVAG will be responsible for Seventy-five Percent (75%) of eligible Project costs (the Regional Share). Historically, the CVAG Regional Share has been paid as a reimbursement to the Jurisdiction, as invoices are submitted and approved. Agency desires to proceed with the Project Description Here. The estimated cost of the Project is $x,xxx,xxx. CVAG's share of the Project cost is not -to -exceed $y,yyy,yyy, being 75% of the anticipated Regional Share of the Project costs. NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the parties do agree as follows: 1. The program embodied in this agreement for the reimbursement of funds by CVAG shall apply only to those regional arterial projects that have heretofore been identified in CVAG's Transportation Project Prioritization Study or specifically authorized by CVAG's Executive Committee. The Project was specifically approved by CVAG's Executive Committee as consistent with the TPPS on 26 June 2017, and is therefore eligible. 2. The Project is generally described as and consists of the following: Project Description Here. These services will hereinafter be referred to as the "Project". 3. The scope of work of the Project is more particularly described in Exhibit "A", entitled "Scope of Services " attached hereto and made a part hereof. The cost estimate for the Project is more particularly described in Exhibit "B" - "Estimate of Cost", attached hereto and made a part hereof. The cost estimates include a calculation intended to allow Agency to recover an amount representing the time of its employed staff in working on the Project as well as amount Agency shall pay to outside contractors in connection with the Project. The amount of the Jurisdiction One -Quarter and the CVAG Three -Quarters shall be calculated by reference to the cost estimates as shown on Exhibit "B" unless amended pursuant to the provisions of Paragraph 6. This Agreement shall establish a Time Trigger, which will require that the start of the Construction Phase of the Project must begin by June 30, 2018. This deadline may be extended by CVAG's Executive Director under special circumstances. 4. It is the agreement between CVAG and Agency that of the total estimated cost of approximately $x,xxx,xxx, CVAG' Regional Share will equal $y,yyy,yyy, and the Local share shall be $zzz,zzz as well as one -hundred percent (100%) of all costs not eligible for reimbursement by CVAG. This Agreement shall establish that CVAG may decline or delay regional funds should it be determined that such action is necessary to maintain a minimum balance of regional funds. 5. Agency agrees to seek reimbursement of seventy-five percent of only those costs which are eligible for reimbursement by CVAG, as outlined in the CVAG Policies and Procedures Manual for the Regional Arterial Program, as most recently amended. 5.1 CVAG will reimburse eligible Project costs retroactive to 26 June 2017 when the Project was approved by CVAG's Executive Committee. 6. Agency shall be responsible for initial payment of all covered costs as they are incurred. Following payment of such costs, Agency shall submit invoices to CVAG requesting reimbursement of seventy-five percent of those eligible costs associated with the Project. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to Agency, and documents evidencing Agency's payment of the invoices or demands for payment. Agency shall also submit a Project Completion Report, in a form acceptable to CVAG, with each statement. Agency shall submit invoices not more often than monthly and not less often than quarterly. 6.1 Upon receipt of an invoice from Agency, CVAG may request additional documentation or explanation of the Project costs. Undisputed reimbursement amounts shall be paid by CVAG to Agency within thirty (30) days. 6.2 If a post -payment audit or review indicates that CVAG has Provided reimbursement to Agency in an amount in excess of Seventy-five Percent of eligible costs, or has provided reimbursement of ineligible Project costs, Agency shall reimburse CVAG for the excess or ineligible payments within thirty (30) days of notification by CVAG. 7. Prior to any final payment to Agency by CVAG, a final report shall be submitted to CVAG by Agency containing a record of all payments made for said Project and the source of funds of all such payments, together with a record of all change orders, cost over -runs, and other expenses incurred. Final payment will thereafter be paid by CVAG in accordance with its rules, regulations and policies concerning project cost determination and expense eligibility. 8. The format used for all bids solicited by Agency for the Project shall require itemization sufficient to allow quantities of each bid item to be easily discernible. 9. The parties agree that should unforeseen circumstances arise which result in new work not covered in Exhibit 'A," an increase of any costs over those shown in Exhibit "B," or other changes in the Scope of Work are proposed, CVAG will in good faith consider an amendment to this Agreement to provide for further appropriate reimbursement if the proposed amendment is in accordance with the policies, procedures, and cost determination/expense eligibility criteria adopted by CVAG. Non - substantive changes may be made to this agreement subject to CVAG's General Counsel's approval. 10. Agency shall maintain an accounting of all funds received from CVAG pursuant to this Agreement in accordance with generally accepted accounting principles. Agency agrees to keep all Project contracts and records for a period of not less than three years from the date a notice of completion is filed by the Agency on such Project; or, if the Project is not one as to which a notice of completion would normally be recorded, for three years from the date of completion. Agency shall permit CVAG, at any reasonable time, upon reasonable notice, to inspect any records maintained in connection with the Project. CVAG shall have no duty to make any such inspection and shall not incur any liability or obligation by reason of making or not making any such inspection. 11. The occurrence of any one or more of the following events shall, at CVAG's option, constitute an event of default and Agency shall provide CVAG with immediate notice thereof. 11.1 Any warranty, representation, statement, report or certificate made or delivered to CVAG by Agency or any of Agency's officers, employees or agents now or hereafter which is incorrect, false, untrue or misleading in any material respect; 11.2 Agency shall fail to pay, perform or comply with, or otherwise shall breach, any obligation, warranty, term or condition in this Agreement or any �. J amendment to this Agreement, or any agreement delivered in connection with the Project; or, 11.3 There shall occur any of the following: dissolution, termination of existence or insolvency of Agency; the commencement of any proceeding under any bankruptcy or insolvency law by or against Agency; entry of a court order which enjoins, restrains or in anyway prevents Agency from paying sums owed to creditors. 12. No waiver of any Event of Default or breach by one party hereunder shall be implied from any omission by the other party to take action on account of such default, and no express waiver shall affect any default other than the default specified in the waiver and the waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by one party to or of any act by the other party shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent or similar act. 13.This Agreement is made and entered into for the sole protection and benefit of CVAG and Agency and no third person shall have any right of action under this Agreement. 14. It is the intent of the Agency and CVAG that the Project be represented as being funded by Measure "A"/TUMF funds. All public notices, news releases, and documents shall indicate that the Project is being cooperatively developed by the Agency, ROTC, and CVAG using Measure "A"/TUMF funds. Prior to initiation of on -site construction, Agency agrees to provide at least one "Project Sign" to be placed in a safe and visible location near the site of construction so that all travelers passing the location have the opportunity to observe who the agencies are that are providing funds for the construction of the Project. The project funding sign for this Project shall be modified to conform to the Bicycle and Pedestrian Safety Program with the design to be approved by CVAG. 15.This Agreement is for funding purposes only and nothing herein shall be construed so as to constitute CVAG as a party to the construction or in ownership or a partner or joint venturer with Agency as to the Project. The Agency shall assume the defense of, indemnify and hold harmless CVAG, its member agencies, and their respective officers, directors, agents, employees, servants, attorneys, and volunteers, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions or inactions of the Agency related to the Project or taken in the performance of this Agreement or any agreement entered into by Agency with reference to the Project. CVAG shall assume the defense of, indemnify and hold harmless the Agency, its officers, directors, agents, employees, servants, attorneys, and volunteers, and each of them, from and against all actions, damages, claims, losses, and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions of CVAG taken in the performance of this Agreement. 16. Agency agrees to include in its contract specifications and bid documents tE a a requirement that all prime contractors shall name CVAG and its member agencies as "also insured" on all liability insurance coverage required by Agency on each contract. Agency will provide a copy of the Insurance Certificate to CVAG, depicting CVAG and its member agencies as "also insureds," within 30 days of signing a contract with the prime contractor. 17.Any dispute concerning a question of fact arising under this Agreement that is not disposed of by voluntary negotiations between the parties shall first be decided by the CVAG Executive Director or designee, who may consider any written or verbal evidence submitted by Agency. This decision shall be issued in writing. However, no action in accordance with this Section shall in any way limit either party's rights and remedies through actions in a court of law with appropriate jurisdiction. Neither the pendency of dispute nor its consideration by CVAG will excuse Agency from full and timely performance in accordance with the terms of this Agreement. 18. Any agency receiving federal funds must have an approved Disadvantaged Business Enterprise program. All recipients of Federal Highway Administration (FHWA) funds must carry out the provisions of Part 26, Title 49 of the Code of Federal Regulations (CFR) which established the Federal Department of Transportation's policy supporting the fullest possible participation of firms owned and controlled by minorities and women in the Department of Transportation programs. Except to the extent that such or other contrary federal regulations may apply, Agency covenants that, by and for itself and all persons claiming under or through it, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. 19. Agency warrants that all aspects of the Project shall be undertaken in compliance with all applicable local, state and federal rules, regulations and laws. Agency will execute and deliver to CVAG such further documents and do other acts and things as CVAG may reasonably request in order to comply fully with all applicable requirements and to effect fully the purposes of this Agreement. 20. This Agreement may not be assigned without the express written consent of CVAG first being obtained. 21. Agency, its successors in interest and assigns shall be bound by all the provisions contained in this Agreement. 22. No officer or employee of CVAG shall be personally liable to Agency, or any successor in interest, in the event of any default or breach by CVAG orfor any amount with may become due to Agency or to its successor, or for breach of any obligation of the terms of this Agreement. 23. Notwithstanding any other provision herein, CVAG shall not be liable for payment or reimbursement of any sums for which CVAG has not first obtained the necessary and appropriate funding from TUMF and/or Measure "A" monies. 24. No officer or employee of CVAG shall have any personal interest, direct or indirect, in this Agreement; nor shall any such officer or employee participate in any decision relating to this Agreement which effects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any state, federal or local law. 25. Agency warrants that the funds received by CVAG pursuant to this Agreement shall only be used in a manner consistent with CVAG's reimbursement policy and all applicable regulations and laws. Any provision required to be included in this type of agreement by federal or state law shall be deemed to be incorporated into this Agreement. 26. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing, such as Federal Express or UPS); sent by telecopier or facsimile machine capable of confirming transmission and receipt; or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers: If to Any City: If to CVAG: CVAG 73-710 Fred Waring Drive Palm Desert, CA 92260 Telephone: (760) 346-1127 Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (i) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile machine); or (iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph. 27. This Agreement and the exhibits herein contain the entire agreement between the parties, and is intended by the parties to completely state the agreement in full. Any agreement or representation respecting the matter dealt with herein or the duties of any party in relation thereto, not expressly set forth in this Agreement, is null and void. 28. If any term, provision, condition, or covenant of this Agreement, or the application thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and ,8 provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 29. In the event either party hereto brings an action or proceeding for a declaration of the rights of the parties, for injunctive relief, for an alleged breach or default, or any other action arising out of this Agreement, or the transactions contemplated hereby, the prevailing party in any such action shall be entitled to an award of reasonable attorneys' fees and costs incurred in such action or proceeding, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment. 30. Time is of the essence in this Agreement, and each and every provision hereof in which time is an element. 31. This Agreement and all documents provided for herein shall be governed by and construed in accordance with the laws of the State of California. Any litigation arising from this Agreement shall be adjudicated in the courts of Riverside County, Desert Judicial District, State of California. 32. Agency warrants that the execution, delivery and performance of this Agreement and any and all related documents are duly authorized and do not require the further consent or approval of any body, board or commission or other authority. 33. This Agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on this date: ATTEST: ANY CITY By: By: ATTEST: CVAG By: By: Tom Kirk, Executive Director Marion Ashley, Chair EXHIBIT "A" SCOPE OF SERVICES AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND ANY CITY PROJECT SCOPE WELL DESCRIBED The Scope of Services for this Project includes... EXHIBIT "B" AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND ANY CITY PROJECT COST DETAILS WELL DESCRIBED The total estimated cost of the Project is ... In accordance with CVAG policy, CVAG agrees to pay 75% of the qualified project costs... 2' Y 2017 Bicycle and Safety Program Scope Summary and Costs Summary of Project Scope Total Cost CVAG � I DHS —Three new signals on Palm Drive, one new signal on Pierson, new street $3,127,045 $2,247,500 lighting on Palm PS — Pedestrian enhancements at ten intersections along Palm Canyon $2,652,000 $1,989,000 PS —Three new signals and pedestrian enhancements along East and South Palm $1,674,000 $1,255,500 l Canyon PS — Pedestrian enhancements at nine intersections along Indian Canyon $2,730,000 $2,000,000 CC— Fill sidewalk gaps on Date Palm and Gerald Ford $602,000 $451,500 1 IN — Reduce lanes, add bike lanes, lighting, sidewalks and mid -block crossing on $1,048,270 $786,203 1 Calhoun Street between Hwy ill and Dr. Carreon Blvd. PS — Install new signals on SR111 at Miraleste and Via Escuela $688,000 $516,000 CC — Mid -block crossing on Dinah Shore near CC High School $240,000 $180,000 PS — North Palm Canyon crosswalks at Stevens Road and Via Las Palmas $548,000 $411,000 IN —Avenue 48 Bicycle Lanes $861,575 $646,181 ATTACHMENT 2 AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF PALM SPRINGS PEDESTRIAN SAFETY ENHANCEMENTS AT SIGNALIZED INTERSECTIONS ALONG DOWNTOWN PALM CANYON DRIVE CORRIDOR THIS AGREEMENT is made and entered into this 25th day of September, 2017, by and between the City of Palm Springs ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances: RECITALS The "Coachella Valley Area Transportation Study", a valley -wide study prepared under the auspices of CVAG, has identified various transportation and highway projects and corridors throughout the Coachella Valley to be of regional importance. This project is included in the 2016 Transportation Project Prioritization Study (TPPS) document; and, Approval of a highway financing measure by the voters of Riverside County in November of 1988, as well as the approval of an extension of Measure A by the voters in November of 2002, has created a source of funds with which to construct such projects; and, CVAG by agreement with its member agencies and with the Riverside County Transportation Commission ("RCTC"), has been designated as the agency through which such funds are to be conveyed and disbursed for the purpose of completing said regional transportation projects; and, CVAG Executive Committee, on July 31, 2006, approved the implementation of the amended Transportation Uniform Mitigation Fee "TUMF" Fee Ordinance to increase the collected TUMF Fee, effective January 1, 2007; and, Under CVAG's policy of funding eligible projects with member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying Twenty-five Percent (25%) of the Project costs (the Local Share), as well as any ineligible project costs, and CVAG will be responsible for Seventy-five Percent (75%) of eligible Project costs (the Regional Share). Historically, the CVAG Regional Share has been paid as a reimbursement to the Jurisdiction, as invoices are submitted and approved. Agency desires to proceed with the Pedestrian Safety Enhancements at Signalized Intersections along Downtown Palm Canyon Drive Corridor Project. The estimated cost of the Project is $2,652,000. CVAG's share of the Project cost is not -to -exceed $1,989,000, being 75% of the anticipated Regional Share of the Project costs. NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the parties do agree as follows: 1. The program embodied in this agreement for the reimbursement of funds by CVAG shall apply only to those regional arterial projects that have heretofore been identified in CVAG's Transportation Project Prioritization Study or specifically authorized by CVAG's Executive Committee. The Project was specifically approved by CVAG's Executive Committee as consistent with the TPPS on 26 June 2017, and is therefore eligible. 2. The Project is generally described as and consists of the following: Pedestrian Safety Enhancements at Signalized Intersections along Downtown Palm Canyon Drive Corridor. These services will hereinafter be referred to as the "Project". 3. The scope of work of the Project is more particularly described in Exhibit "A", entitled "Scope of Services " attached hereto and made a part hereof. The cost estimate for the Project is more particularly described in Exhibit "B" - "Estimate of Cost", attached hereto and made a part hereof. The cost estimates include a calculation intended to allow Agency to recover an amount representing the time of its employed staff in working on the Project as well as amount Agency shall pay to outside contractors in connection with the Project. The amount of the Jurisdiction One -Quarter and the CVAG Three -Quarters shall be calculated by reference to the cost estimates as shown on Exhibit "B" unless amended pursuant to the provisions of Paragraph 6. This Agreement shall establish a Time Trigger, which will require the start of the Construction Phase of the Project must begin by December 1, 2018. This deadline may be extended by CVAG's Executive Director under special circumstances. 4. It is the agreement between CVAG and Agency that of the total estimated cost of approximately $2,652,000, CVAG' Regional Share will equal $1,989,000, and the Local share shall be $663,000 as well as one -hundred percent (100%) of all costs not eligible for reimbursement by CVAG. This Agreement shall establish that CVAG may decline or delay regional funds should it be determined that such action is necessary to maintain a minimum balance of regional funds. 5. Agency agrees to seek reimbursement of seventy-five percent of only those costs which are eligible for reimbursement by CVAG, as outlined in the CVAG Policies and Procedures Manual for the Regional Arterial Program, as most recently amended. 5.1 CVAG will reimburse eligible Project costs retroactive to 26 June 2017 when the Project was approved by CVAG's Executive Committee. 6. Agency shall be responsible for initial payment of all covered costs as they are incurred. Following payment of such costs, Agency shall submit invoices to CVAG requesting reimbursement of seventy-five percent of those eligible costs associated with the Project. Each invoice shall be accompanied by detailed contractor 2� invoices, or other demands for payment addressed to Agency, and documents evidencing Agency's payment of the invoices or demands for payment. Agency shall also submit a Project Completion Report, in a form acceptable to CVAG, with each statement. Agency shall submit invoices not more often than monthly and not less often than quarterly. 6.1 Upon receipt of an invoice from Agency, CVAG may request additional documentation or explanation of the Project costs. Undisputed reimbursement amounts shall be paid by CVAG to Agency within thirty (30) days. 6.2 If a post -payment audit or review indicates that CVAG has Provided reimbursement to Agency in an amount in excess of Seventy-five Percent of eligible costs, or has provided reimbursement of ineligible Project costs, Agency shall reimburse CVAG for the excess or ineligible payments within thirty (30) days of notification by CVAG. 7. Prior to any final payment to Agency by CVAG, a final report shall be submitted to CVAG by Agency containing a record of all payments made for said Project and the source of funds of all such payments, together with a record of all change orders, cost over -runs, and other expenses incurred. Final payment will thereafter be paid by CVAG in accordance with its rules, regulations and policies concerning project cost determination and expense eligibility. 8. The format used for all bids solicited by Agency for the Project shall require itemization sufficient to allow quantities of each bid item to be easily discernible. 9. The parties agree that should unforeseen circumstances arise which result in new work not covered in Exhibit 'A," an increase of any costs over those shown in Exhibit "B," or other changes in the Scope of Work are proposed, CVAG will in good faith consider an amendment to this Agreement to provide for further appropriate reimbursement if the proposed amendment is in accordance with the policies, procedures, and cost determination/expense eligibility criteria adopted by CVAG. Non -substantive changes may be made to this agreement subject to CVAG's General Counsel's approval. 10. Agency shall maintain an accounting of all funds received from CVAG pursuant to this Agreement in accordance with generally accepted accounting principles. Agency agrees to keep all Project contracts and records for a period of not less than three years from the date a notice of completion is filed by the Agency on such Project; or, if the Project is not one as to which a notice of completion would normally be recorded, for three years from the date of completion. Agency shall permit CVAG, at any reasonable time, upon reasonable notice, to inspect any records maintained in connection with the Project. CVAG shall have no duty to make any such inspection and shall not incur any liability or obligation by reason of making or not making any such inspection. 11.The occurrence of any one or more of the following events shall, at CVAG's option, constitute an event of default and Agency shall provide CVAG with immediate notice thereof. 2G 11.1 Any warranty, representation, statement, report or certificate made or delivered to CVAG by Agency or any of Agency's officers, employees or agents now or hereafter which is incorrect, false, untrue or misleading in any material respect; 11.2 Agency shall fail to pay, perform or comply with, or otherwise shall breach, any obligation, warranty, term or condition in this Agreement or any amendment to this Agreement, or any agreement delivered in connection with the Project; or, 11.3 There shall occur any of the following: dissolution, termination of existence or insolvency of Agency; the commencement of any proceeding under any bankruptcy or insolvency law by or against Agency; entry of a court order which enjoins, restrains or in any way prevents Agency from paying sums owed to creditors. 12. No waiver of any Event of Default or breach by one party hereunder shall be implied from any omission by the other party to take action on account of such default, and no express waiver shall affect any default other than the default specified in the waiver and the waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by one party to or of any act by the other party shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent or similar act. 13.This Agreement is made and entered into for the sole protection and benefit of CVAG and Agency and no third person shall have any right of action under this Agreement. 14. It is the intent of the Agency and CVAG that the Project be represented as being funded by Measure "A"/TUMF funds. All public notices, news releases, and documents shall indicate that the Project is being cooperatively developed by the Agency, RCTC, and CVAG using Measure "A"1TUMF funds. Prior to initiation of on -site construction, Agency agrees to provide at least one "Project Sign" to be placed in a safe and visible location near the site of construction so that all travelers passing the location have the opportunity to observe who the agencies are that are providing funds for the construction of the Project. The project funding sign for this Project shall be modified to conform to the Bicycle and Pedestrian Safety Program with the design to be approved by CVAG. 15.This Agreement is for funding purposes only and nothing herein shall be construed so as to constitute CVAG as a party to the construction or in ownership or a partner or joint venturer with Agency as to the Project. The Agency shall assume the defense of, indemnify and hold harmless CVAG, its member agencies, and their respective officers, directors, agents, employees, servants, attorneys, and volunteers, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions or inactions of the Agency related to the Project or taken in the performance of this Agreement or any agreement entered into by Agency with reference to the Project. CVAG shall assume the defense of, indemnify and hold harmless the Agency, its officers, directors, agents, employees, servants, attorneys, and volunteers, and each of them, from and against all actions, damages, claims, losses, and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions of CVAG taken in the performance of this Agreement. 16. Agency agrees to include in its contract specifications and bid documents a requirement that all prime contractors shall name CVAG and its member agencies as "also insured" on all liability insurance coverage required by Agency on each contract. Agency will provide a copy of the Insurance Certificate to CVAG, depicting CVAG and its member agencies as "also insureds," within 30 days of signing a contract with the prime contractor. 17.Any dispute concerning a question of fact arising under this Agreement that is not disposed of by voluntary negotiations between the parties shall first be decided by the CVAG Executive Director or designee, who may consider any written or verbal evidence submitted by Agency. This decision shall be issued in writing. However, no action in accordance with this Section shall in any way limit either party's rights and remedies through actions in a court of law with appropriate jurisdiction. Neither the pendency of dispute nor its consideration by CVAG will excuse Agency from full and timely performance in accordance with the terms of this Agreement. 18. Any agency receiving federal funds must have an approved Disadvantaged Business Enterprise program. All recipients of Federal Highway Administration (FHWA) funds must carry out the provisions of Part 26, Title 49 of the Code of Federal Regulations (CFR) which established the Federal Department of Transportation's policy supporting the fullest possible participation of firms owned and controlled by minorities and women in the Department of Transportation programs. Except to the extent that such or other contrary federal regulations may apply, Agency covenants that, by and for itself and all persons claiming under or through it, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. 19. Agency warrants that all aspects of the Project shall be undertaken in compliance with all applicable local, state and federal rules, regulations and laws. Agency will execute and deliver to CVAG such further documents and do other acts and things as. CVAG may reasonably request in order to comply fully with all applicable requirements and to effect fully the purposes of this Agreement. 20. This Agreement may not be assigned without the express written consent of CVAG first being obtained. 21. Agency, its successors in interest and assigns shall be bound by all the provisions contained in this Agreement. 22. No officer or employee of CVAG shall be personally liable to Agency, or any successor in interest, in the event of any default or breach by CVAG or for any amount with may become due to Agency or to its successor, or for breach of any obligation of the terms of this Agreement. 23. Notwithstanding any other provision herein, CVAG shall not be liable for payment or reimbursement of any sums for which CVAG has not first obtained the necessary and appropriate funding from TUMF and/or Measure "A" monies. 24. No officer or employee of CVAG shall have any personal interest, direct or indirect, in this Agreement; nor shall any such officer or employee participate in any decision relating to this Agreement which effects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any state, federal or local law. 25. Agency warrants that the funds received by CVAG pursuant to this Agreement shall only be used in a manner consistent with CVAG's reimbursement policy and all applicable regulations and laws. Any provision required to be included in this type of agreement by federal or state law shall be deemed to be incorporated into this Agreement. 26. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing, such as Federal Express or UPS); sent by telecopier or facsimile machine capable of confirming transmission and receipt; or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers: If to City of Palm Springs: Thomas Garcia Director of Engineering Services City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Telephone: (760) 322-8339 If to CVAG: CVAG 73-710 Fred Waring Drive Palm Desert, CA 92260 Telephone: (760) 346-1127 Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (i) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile machine); or (iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph. 27. This Agreement and the exhibits herein contain the entire agreement between the parties, and is intended by the parties to completely state the agreement in full. Any agreement or representation respecting the matter dealt with herein or the duties of any party in relation thereto, not expressly set forth in this Agreement, is null and void. 28. If any term, provision, condition, or covenant of this Agreement, or the application thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 29. In the event either party hereto brings an action or proceeding for a declaration of the rights of the parties, for injunctive relief, for an alleged breach or default, or any other action arising out of this Agreement, or the transactions contemplated hereby, the prevailing party in any such action shall be entitled to an award of reasonable attorneys' fees and costs incurred in such action or proceeding, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment. 30. Time is of the essence in this Agreement, and each and every provision hereof in which time is an element. 31. This Agreement and all documents provided for herein shall be governed by and construed in accordance with the laws of the State of California. Any litigation arising from this Agreement shall be adjudicated in the courts of Riverside County, Desert Judicial District, State of California. 32. Agency warrants that the execution, delivery and performance of this Agreement and any and all related documents are duly authorized and do not require the further consent or approval of any body, board or commission or other authority. 33. This Agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on this date: ATTEST: CITY OF PALM SPRINGS By: By: ATTEST: CVAG By: By: Tom Kirk, Executive Director Marion Ashley, Chair 31 EXHIBIT "A" SCOPE OF SERVICES AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF PALM SPRINGS PEDESTRIAN SAFETY ENHANCEMENTS AT SIGNALIZED INTERSECTIONS ALONG DOWNTOWN PALM CANYON DRIVE CORRIDOR The Scope of Services for this Project includes pedestrian countdown heads, pedestrian detection, accessible pedestrian signals, leading pedestrian phasing, protected left -turn phasing as necessary, high visibility crosswalks, advanced stop lines and curb bulb -outs with ADA-accessible wheelchair ramps at the following intersections: 1. Palm Canyon Drive & Tachevah DriveNia Lola 2. Palm Canyon Drive & Tamarisk Road 3. Palm Canyon Drive & Granvia Valmonte 4. Palm Canyon Drive & Alejo Road 5. Palm Canyon Drive & Amado Road 6. Palm Canyon Drive & Andreas Road 7. Palm Canyon Drive & Tahquitz Canyon Way 8. Palm Canyon Drive & Arenas Road 9. Palm Canyon Drive & Baristo Road 10. Palm Canyon Drive & Ramon Road Project shall ensure that all improvements have met appropriate warrants. Project shall ensure that Traffic Signals integrate the latest ITS technologies included in CVAG's Regional Signal Synchronization Master Plan, and are linked to the City's Traffic Management Center. 32 AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF PALM SPRINGS PEDESTRIAN SAFETY ENHANCEMENTS AT SIGNALIZED INTERSECTIONS ALONG DOWNTOWN PALM CANYON DRIVE CORRIDOR The total estimated cost of the Project is $2,652,000. In accordance with CVAG policy, CVAG agrees to pay 75% of the qualified project costs, in this case estimated as not -to -exceed $1,989,000. CVAG will reimburse eligible Project costs retroactive to 26 June 2017. The City of Palm Springs as Lead Agency agrees to invoice CVAG for 75% of the eligible project costs. AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF PALM SPRINGS PEDESTRIAN SAFETY ENHANCEMENTS AT SIGNALIZED INTERSECTIONS ALONG DOWNTOWN INDIAN CANYON DRIVE CORRIDOR THIS AGREEMENT is made and entered into this 25th day of September, 2017, by and between the City of Palm Springs ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances: RECITALS The "Coachella Valley Area Transportation Study", a valley -wide study prepared under the auspices of CVAG, has identified various transportation and highway projects and corridors throughout the Coachella Valley to be of regional importance. This project is included in the 2016 Transportation Project Prioritization Study (TPPS) document; and, Approval of a highway financing measure by the voters of Riverside County in November of 1988, as well as the approval of an extension of Measure A by the voters in November of 2002, has created a source of funds with which to construct such projects; and, CVAG by agreement with its member agencies and with the Riverside County Transportation Commission ("RCTC"), has been designated as the agency through which such funds are to be conveyed and disbursed for the purpose of completing said regional transportation projects; and, CVAG Executive Committee, on July 31, 2006, approved the implementation of the amended Transportation Uniform Mitigation Fee "TUMF" Fee Ordinance to increase the collected TUMF Fee, effective January 1, 2007; and, Under CVAG's policy of funding eligible projects with member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying Twenty-five Percent (25%) of the Project costs (the Local Share), as well as any ineligible project costs, and CVAG will be responsible for Seventy-five Percent (75%) of eligible Project costs (the Regional Share). Historically, the CVAG Regional Share has been paid as a reimbursement to the Jurisdiction, as invoices are submitted and approved. Agency desires to proceed with the Pedestrian Safety Enhancements at signalized Intersections along Downtown Indian Canyon Drive Corridor Project. The estimated cost of the Project is $2,730,000. CVAG's share of the Project cost is 75% of the total cost not -to -exceed $2,000,000, being the maximum approved Regional Share of the Project costs. NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the parties do agree as follows: 1. The program embodied in this agreement for the reimbursement of funds by CVAG shall apply only to those regional arterial projects that have heretofore been identified in CVAG's Transportation Project Prioritization Study or specifically authorized by CVAG's Executive Committee. The Project was specifically approved by CVAG's Executive Committee as consistent with the TPPS on 26 June 2017, and is therefore eligible. 2. The Project is generally described as and consists of the following: Pedestrian Safety Enhancements at signalized Intersections along Downtown Indian Canyon Drive Corridor. These services will hereinafter be referred to as the "Project". 3. The scope of work of the Project is more particularly described in Exhibit "A", entitled "Scope of Services " attached hereto and made a part hereof. The cost estimate for the Project is more particularly described in Exhibit "B" - "Estimate of Cost", attached hereto and made a part hereof. The cost estimates include a calculation intended to allow Agency to recover an amount representing the time of its employed staff in working on the Project as well as amount Agency shall pay to outside contractors in connection with the Project. The amount of the Jurisdiction One -Quarter and the CVAG Three -Quarters shall be calculated by reference to the cost estimates as shown on Exhibit "B" unless amended pursuant to the provisions of Paragraph 6. This Agreement shall establish a Time Trigger, which will require the start of the Construction Phase of the Project must begin by December 1, 2018. This deadline may be extended by CVAG's Executive Director under special circumstances, 4. It is the agreement between CVAG and Agency that of the total estimated cost of the project will be approximately $2,730,000, CVAG' Regional Share will equal $2,000,000, and the Local share shall be $730,000 as well as one -hundred percent (100%) of all costs not eligible for reimbursement by CVAG. This Agreement shall establish that CVAG may decline or delay regional funds should it be determined that such action is necessary to maintain a minimum balance of regional funds. 5. Agency agrees to seek reimbursement of seventy-five percent of only those costs which are eligible for reimbursement by CVAG, as outlined in the CVAG Policies and Procedures Manual for the Regional Arterial Program, as most recently amended. 5.1 CVAG will reimburse eligible Project costs retroactive to 26 June 2017 when the Project was approved by CVAG's Executive Committee. 6. Agency shall be responsible for initial payment of all covered costs as they are incurred. Following payment of such costs, Agency shall submit invoices to CVAG requesting reimbursement of seventy-five percent of those eligible costs associated with the Project. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to Agency, and documents evidencing Agency's payment of the invoices or demands for payment. Agency shall also submit a Project Completion Report, in a form acceptable to CVAG, with each statement. Agency shall submit invoices not more often than monthly and not less often than quarterly. 6.1 Upon receipt of an invoice from Agency, CVAG may request additional documentation or explanation of the Project costs. Undisputed reimbursement amounts shall be paid by CVAG to Agency within thirty (30) days. 6.2 If a post -payment audit or review indicates that CVAG has Provided reimbursement to Agency in an amount in excess of Seventy-five Percent of eligible costs, or has provided reimbursement of ineligible Project costs, Agency shall reimburse CVAG for the excess or ineligible payments within thirty (30) days of notification by CVAG. 7. Prior to any final payment to Agency by CVAG, a final report shall be submitted to CVAG by Agency containing a record of all payments made for said Project and the source of funds of all such payments, together with a record of all change orders, cost over -runs, and other expenses incurred. Final payment will thereafter be paid by CVAG in accordance with its rules, regulations and policies concerning project cost determination and expense eligibility. 8. The format used for all bids solicited by Agency for the Project shall require itemization sufficient to allow quantities of each bid item to be easily discernible. 9. The parties agree that should unforeseen circumstances arise which result in new work not covered in Exhibit 'A," an increase of any costs over those shown in Exhibit "B," or other changes in the Scope of Work are proposed, CVAG will in good faith consider an amendment to this Agreement to provide for further appropriate reimbursement if the proposed amendment is in accordance with the policies, procedures, and cost determination/expense eligibility criteria adopted by CVAG. Non -substantive changes may be made to this agreement subject to CVAG's General Counsel's approval. 10. Agency shall maintain an accounting of all funds received from CVAG pursuant to this Agreement in accordance with generally accepted accounting principles. Agency agrees to keep all Project contracts and records for a period of not less than three years from the date a notice of completion is filed by the Agency on such Project; or, if the Project is not one as to which a notice of completion would normally be recorded, for three years from the date of completion. Agency shall permit CVAG, at any reasonable time, upon reasonable notice, to inspect any records maintained in connection with the Project. CVAG shall have no duty to make any such inspection and shall not incur any liability or obligation by reason of making or not making any such inspection. 11. The occurrence of any one or more of the following events shall, at CVAG's option, constitute an event of default and Agency shall provide CVAG with immediate notice thereof. 3 11.1 Any warranty, representation, statement, report or certificate made or delivered to CVAG by Agency or any of Agency's officers, employees or agents now or hereafter which is incorrect, false, untrue or misleading in any material respect; 11.2 Agency shall fail to pay, perform or comply with, or otherwise shall breach, any obligation, warranty, term or condition in this Agreement or any amendment to this Agreement, or any agreement delivered in connection with the Project; or, 11.3 There shall occur any of the following: dissolution, termination of existence or insolvency of Agency; the commencement of any proceeding under any bankruptcy or insolvency law by or against Agency; entry of a court order which enjoins, restrains or in any way prevents Agency from paying sums owed to creditors. 12. No waiver of any Event of Default or breach by one party hereunder shall be implied from any omission by the other party to take action on account of such default, and no express waiver shall affect any default other than the default specified in the waiver and the waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by one party to or of any act by the other party shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent or similar act. 13. This Agreement is made and entered into for the sole protection and benefit of CVAG and Agency and no third person shall have any right of action under this Agreement. 14. It is the intent of the Agency and CVAG that the Project be represented as being funded by Measure "A"/TUMF funds. All public notices, news releases, and documents shall indicate that the Project is being cooperatively developed by the Agency, RCTC, and CVAG using Measure "A"/TUMF funds. Prior to initiation of on -site construction, Agency agrees to provide at least one "Project Sign" to be placed in a safe and visible location near the site of construction so that all travelers passing the location have the opportunity to observe who the agencies are that are providing funds for the construction of the Project. CVAG's Policy and Procedures Manual provides a guide for Project Sign format. 15. This Agreement is for funding purposes only and nothing herein shall be construed so as to constitute CVAG as a party to the construction or in ownership or a partner or joint venturer with Agency as to the Project. The Agency shall assume the defense of, indemnify and hold harmless CVAG, its member agencies, and their respective officers, directors, agents, employees, servants, attorneys, and volunteers, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions or inactions of the Agency related to the Project or taken in the performance of this Agreement or any agreement entered into by Agency with reference to the Project. CVAG shall assume the defense of, indemnify and hold harmless the Agency, its officers, directors, agents, employees, servants, attorneys, and volunteers, and each of them, from and against all actions, damages, claims, losses, and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions of CVAG taken in the performance of this Agreement. 16. Agency agrees to include in its contract specifications and bid documents a requirement that all prime contractors shall name CVAG and its member agencies as "also insured" on all liability insurance coverage required by Agency on each contract. Agency will provide a copy of the Insurance Certificate to CVAG, depicting CVAG and its member agencies as "also insureds," within 30 days of signing a contract with the prime contractor. 17.Any dispute concerning a question of fact arising under this Agreement that is not disposed of by voluntary negotiations between the parties shall first be decided by the CVAG Executive Director or designee, who may consider any written or verbal evidence submitted by Agency. This decision shall be issued in writing. However, no action in accordance with this Section shall in any way limit either party's rights and remedies through actions in a court of law with appropriate jurisdiction. Neither the pendency of dispute nor its consideration by CVAG will excuse Agency from full and timely performance in accordance with the terms of this Agreement. 18. Any agency receiving federal funds must have an approved Disadvantaged Business Enterprise program. All recipients of Federal Highway Administration (FHWA) funds must cant' out the provisions of Part 26, Title 49 of the Code of Federal Regulations (CFR) which established the Federal Department of Transportation's policy supporting the fullest possible participation of firms owned and controlled by minorities and women in the Department of Transportation programs. Except to the extent that such or other contrary federal regulations may apply, Agency covenants that, by and for itself and all persons claiming under or through it, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. 19. Agency warrants that all aspects of the Project shall be undertaken in compliance with all applicable local, state and federal rules, regulations and laws. Agency will execute and deliver to CVAG such further documents and do other acts and things as CVAG may reasonably request in order to comply fully with all applicable requirements and to effect fully the purposes of this Agreement. 20. This Agreement may not be assigned without the express written consent of CVAG first being obtained. 21. Agency, its successors in interest and assigns shall be bound by all the provisions contained in this Agreement. 22. No officer or employee of CVAG shall be personally liable to Agency, or any successor in interest, in the event of any default or breach by CVAG or for any amount with may become due to Agency or to its successor, or for breach of any 38 obligation of the terms of this Agreement. 23. Notwithstanding any other provision herein, CVAG shall not be liable for payment or reimbursement of any sums for which CVAG has not first obtained the necessary and appropriate funding from TUMF and/or Measure "A" monies. 24. No officer or employee of CVAG shall have any personal interest, direct or indirect, in this Agreement; nor shall any such officer or employee participate in any decision relating to this Agreement which effects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any state, federal or local law. 25. Agency warrants that the funds received by CVAG pursuant to this Agreement shall only be used in a manner consistent with CVAG's reimbursement policy and all applicable regulations and laws. Any provision required to be included in this type of agreement by federal or state law shall be deemed to be incorporated into this Agreement. 26. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing, such as Federal Express or UPS); sent by telecopier or facsimile machine capable of confirming transmission and receipt; or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers: If to City of Palm Springs: Thomas Garcia Director of Engineering Services City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Telephone: (760) 322-8339 If to CVAG: CVAG 73-710 Fred Waring Drive Palm Desert, CA 92260 Telephone: (760) 346-1127 Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (i) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile machine); or (iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph. 27. This Agreement and the exhibits herein contain the entire agreement between the parties, and is intended by the parties to completely state the agreement in full. Any agreement or representation respecting the matter dealt with herein or the duties of any party in relation thereto, not expressly set forth in this Agreement, is null and void. 28. If any term, provision, condition, or covenant of this Agreement, or the application thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 29. In the event either party hereto brings an action or proceeding for a declaration of the rights of the parties, for injunctive relief, for an alleged breach or default, or any .other action arising out of this Agreement, or the transactions contemplated hereby, the prevailing party in any such action shall be entitled to an award of reasonable attorneys' fees and costs incurred in such action or proceeding, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment. 30. Time is of the essence in this Agreement, and each and every provision hereof in which time is an element. 31. This Agreement and all documents provided for herein shall be governed by and construed in accordance with the laws of the State of California. Any litigation arising from this Agreement shall be adjudicated in the courts of Riverside County, Desert Judicial District, State of California. 32. Agency warrants that the execution, delivery and performance of this Agreement and any and all related documents are duly authorized and do not require the further consent or approval of any body, board or commission or other authority. 33. This Agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument. 40 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on this date: ATTEST: CITY OF PALM SPRINGS By: By: ATTEST: CVAG By: By: Tom Kirk, Executive Director Marion Ashley, Chair 41 EXHIBIT "A" SCOPE OF SERVICES AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF PALM SPRINGS PEDESTRIAN SAFETY ENHANCEMENTS AT SIGNALIZED INTERSECTIONS ALONG DOWNTOWN INDIAN CANYON DRIVE CORRIDOR The Scope of Services for this Project includes pedestrian countdown heads, pedestrian detection, accessible pedestrian signals, leading pedestrian phasing, protected left -turn phasing as necessary, high visibility crosswalks, advanced stop lines and curb bulb -outs with ADA-accessible wheelchair ramps at the following intersections: 1. Indian Canyon Drive & Tachevah Drive/Via Lola 2. Indian Canyon Drive & Tamarisk Road 3. Indian Canyon Drive & Alejo Road 4. Indian Canyon Drive & Amado Road 5. Indian Canyon Drive & Andreas Road 6. Indian Canyon Drive & Tahquitz Canyon Way 7. Indian Canyon Drive & Arenas Road 8. Indian Canyon Drive & Baristo Road 9. Indian Canyon Drive & Ramon Road Project shall ensure that all improvements have met appropriate warrants. 42 EXHIBIT "B" AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF PALM SPRINGS PEDESTRIAN SAFETY ENHANCEMENTS AT SIGNALIZED INTERSECTIONS ALONG DOWNTOWN INDIAN CANYON DRIVE CORRIDOR The total estimated cost of the Project is $2,730,000. In accordance with CVAG policy, CVAG agrees to pay 75% of the qualified project costs, in this case determined not -to -exceed $2,000,000, the maximum amount authorized by the Executive Committee. CVAG will reimburse eligible Project costs retroactive to 26 June 2017. The City of Palm Springs as Lead Agency agrees to invoice CVAG for 75% of the eligible project costs up to the maximum amount of $2,000,000. 4 ri AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF PALM SPRINGS PEDESTRIAN SAFETY IMPROVEMENTS ALONG SOUTH AND EAST PALM CANYON DRIVE CORRIDOR THIS AGREEMENT is made and entered into this 25th day of September, 2017, by and between the City of Palm Springs ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances: RECITALS The "Coachella Valley Area Transportation Study", a valley -wide study prepared under the auspices of CVAG, has identified various transportation and highway projects and corridors throughout the Coachella Valley to be of regional importance. This project is included in the 2016 Transportation Project Prioritization Study (TPPS) document; and, Approval of a highway financing measure by the voters of Riverside County in November of 1988, as well as the approval of an extension of Measure A by the voters in November of 2002, has created a source of funds with which to construct such projects; and, CVAG by agreement with its member agencies and with the Riverside County Transportation Commission ("RCTC"), has been designated as the agency through which such funds are to be conveyed and disbursed for the purpose of completing said regional transportation projects; and, CVAG Executive Committee, on July 31, 2006, approved the implementation of the amended Transportation Uniform Mitigation Fee "TUMF" Fee Ordinance to increase the collected TUMF Fee, effective January 1, 2007; and, Under CVAG's policy of funding eligible projects with member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying Twenty-five Percent (25%) of the Project costs (the Local Share), as well as any ineligible project costs, and CVAG will be responsible for Seventy-five Percent (75%) of eligible Project costs (the Regional Share). Historically, the CVAG Regional Share has been paid as a reimbursement to the Jurisdiction, as invoices are submitted and approved. Agency desires to proceed with the Pedestrian Safety Improvements along South and East Palm Canyon Drive Corridor Project. The estimated cost of the Project is $1,674,000. CVAG's share of the Project cost is not -to -exceed $1,255,500, being 75% of the anticipated Regional Share of the Project costs. NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the parties do agree as follows: 1. The program embodied in this agreement for the reimbursement of funds by CVAG shall apply only to those regional arterial projects that have heretofore been identified in CVAG's Transportation Project Prioritization Study or specifically authorized by CVAG's Executive Committee. The Project was specifically approved by CVAG's Executive Committee as consistent with the TPPS on 26 June 2017, and is therefore eligible. 2. The Project is generally described as and consists of the following: Pedestrian Safety Improvements along South and East Palm Canyon Drive Corridor. These services will hereinafter be referred to as the "Project". 3. The scope of work of the Project is more particularly described in Exhibit "A", entitled "Scope of Services " attached hereto and made a part hereof. The cost estimate for the Project is more particularly described in Exhibit "B" - "Estimate of Cost", attached hereto and made a part hereof. The cost estimates include a calculation intended to allow Agency to recover an amount representing the time of its employed staff in working on the Project as well as amount Agency shall pay to outside contractors in connection with the Project. The amount of the Jurisdiction One -Quarter and the CVAG Three -Quarters shall be calculated by reference to the cost estimates as shown on Exhibit "B" unless amended pursuant to the provisions of Paragraph 6. This Agreement shall establish a Time Trigger, which will require the start of the Construction Phase of the Project must begin by December 1, 2018. This deadline may be extended by CVAG's Executive Director under special circumstances. 4. It is the agreement between CVAG and Agency that of the total estimated cost of the project will be approximately $1,674,000, CVAG' Regional Share will equal $1,255,500, and the Local share shall be $418,500 as well as one -hundred percent (100%) of all costs not eligible for reimbursement by CVAG. This Agreement shall establish that CVAG may decline or delay regional funds should it be determined that such action is necessary to maintain a minimum balance of regional funds. 5. Agency agrees to seek reimbursement of seventy-five percent of only those costs which are eligible for reimbursement by CVAG, as outlined in the CVAG Policies and Procedures Manual for the Regional Arterial Program, as most recently amended. 5.1 CVAG will reimburse eligible Project costs retroactive to 26 June 2017 when the Project was approved by CVAG's Executive Committee. 6. Agency shall be responsible for initial payment of all covered costs as they are incurred. Following payment of such costs, Agency shall submit invoices to CVAG requesting reimbursement of seventy-five percent of those eligible costs associated with the Project. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to Agency, and documents evidencing Agency's payment of the invoices or demands for payment. Agency shall 45 also submit a Project Completion Report, in a form acceptable to CVAG, with each statement. Agency shall submit invoices not more often than monthly and not less often than quarterly. 6.1 Upon receipt of an invoice from Agency, CVAG may request additional documentation or explanation of the Project costs. Undisputed reimbursement amounts shall be paid by CVAG to Agency within thirty (30) days. 6.2 If a post -payment audit or review indicates that CVAG has Provided reimbursement to Agency in an amount in excess of Seventy-five Percent of eligible costs, or has provided reimbursement of ineligible Project costs, Agency shall reimburse CVAG for the excess or ineligible payments within thirty (30) days of notification by CVAG. 7. Prior to any final payment to Agency by CVAG, a final report shall be submitted to CVAG by Agency containing a record of all payments made for said Project and the source of funds of all such payments, together with a record of all change orders, cost over -runs, and other expenses incurred. Final payment will thereafter be paid by CVAG in accordance with its rules, regulations and policies concerning project cost determination and expense eligibility. 8. The format used for all bids solicited by Agency for the Project shall require itemization sufficient to allow quantities of each bid item to be easily discernible. 9. The parties agree that should unforeseen circumstances arise which result in new work not covered in Exhibit 'A," an increase of any costs over those shown in Exhibit "B," or other changes in the Scope of Work are proposed, CVAG will in good faith consider an amendment to this Agreement to provide for further appropriate reimbursement if the proposed amendment is in accordance with the policies, procedures, and cost determination/expense eligibility criteria adopted by CVAG. Non -substantive changes may be made to this agreement subject to CVAG's General Counsel's approval. 10. Agency shall maintain an accounting of all funds received from CVAG pursuant to this Agreement in accordance with generally accepted accounting principles. Agency agrees to keep all Project contracts and records for a period of not less than three years from the date a notice of completion is filed by the Agency on such Project; or, if the Project is not one as to which a notice of completion would normally be recorded, for three years from the date of completion. Agency shall permit CVAG, at any reasonable time, upon reasonable notice, to inspect any records maintained in connection with the Project. CVAG shall have no duty to make any such inspection and shall not incur any liability or obligation by reason of making or not making any such inspection. 11.The occurrence of any one or more of the following events shall, at CVAG's option, constitute an event of default and Agency shall provide CVAG with immediate notice thereof. 11.1 Any warranty, representation, statement, report or certificate 46 made or delivered to CVAG by Agency or any of Agency's officers, employees or agents now or hereafter which is incorrect, false, untrue or misleading in any material respect; 11.2 Agency shall fail to pay, perform or comply with, or otherwise shall breach, any obligation, warranty, term or condition in this Agreement or any amendment to this Agreement, or any agreement delivered in connection with the Project; or, 11.3 There shall occur any of the following: dissolution, termination of existence or insolvency of Agency; the commencement of any proceeding under any bankruptcy or insolvency law by or against Agency; entry of a court order which enjoins, restrains or in any way prevents Agency from paying sums owed to creditors. 12. No waiver of any Event of Default or breach by one party hereunder shall be implied from any omission by the other party to take action on account of such default, and no express waiver shall affect any default other than the default specified in the waiver and the waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by one party to or of any act by the other party shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent or similar act. 13. This Agreement is made and entered into for the sole protection and benefit of CVAG and Agency and no third person shall have any right of action under this Agreement. 14. It is the intent of the Agency and CVAG that the Project be represented as being funded by Measure "AVTUMF funds. All public notices, news releases, and documents shall indicate that the Project is being cooperatively developed by the Agency, RCTC, and CVAG using Measure "A"/TUMF funds. Prior to initiation of on -site construction, Agency agrees to provide at least one "Project Sign" to be placed in a safe and visible location near the site of construction so that all travelers passing the location have the opportunity to observe who the agencies are that are providing funds for the construction of the Project. CVAG's Policy and Procedures Manual provides a guide for Project Sign format. The project funding sign for this Project shall be modified to conform to the Bicycle and Pedestrian Safety Program with the design to be approved by CVAG. 15. This Agreement is for funding purposes only and nothing herein shall be construed so as to constitute CVAG as a party to the construction or in ownership or a partner or joint venturer with Agency as to the Project. The Agency shall assume the defense of, indemnify and hold harmless CVAG, its member agencies, and their respective officers, directors, agents, employees, servants, attorneys, and volunteers, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions or inactions of the Agency related to the Project or taken in the performance of this Agreement or any agreement entered into by Agency with reference to the Project. CVAG shall assume the defense of, indemnify and hold harmless the Agency, its officers, directors, agents, employees, servants, attorneys, and volunteers, and each of them, from and against all actions, damages, claims, losses, and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions of CVAG taken in the performance of this Agreement. 16. Agency agrees to include in its contract specifications and bid documents a requirement that all prime contractors shall name CVAG and its member agencies as "also insured" on all liability insurance coverage required by Agency on each contract. Agency will provide a copy of the Insurance Certificate to CVAG, depicting CVAG and its member agencies as "also insureds," within 30 days of signing a contract with the prime contractor. 17.Any dispute concerning a question of fact arising under this Agreement that is not disposed of by voluntary negotiations between the parties shall first be decided by the CVAG Executive Director or designee, who may consider any written or verbal evidence submitted by Agency. This decision shall be issued in writing. However, no action in accordance with this Section shall in any way limit either party's rights and remedies through actions in a court of law with appropriate jurisdiction. Neither the pendency of dispute nor its consideration by CVAG will excuse Agency from full and timely performance in accordance with the terms of this Agreement. 18. Any agency receiving federal funds must have an approved Disadvantaqed Business Enterprise program. All recipients of Federal Highway Administration (FHWA) funds must carry out the provisions of Part 26, Title 49 of the Code of Federal Regulations (CFR) which established the Federal Department of Transportation's policy supporting the fullest possible participation of firms owned and controlled by minorities and women in the Department of Transportation programs. Except to the extent that such or other contrary federal regulations may apply, Agency covenants that, by and for itself and all persons claiming under or through it, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. 19. Agency warrants that all aspects of the Project shall be undertaken in compliance with all applicable local, state and federal rules, regulations and laws. Agency will execute and deliver to CVAG such further documents and do other acts and things as CVAG may reasonably request in order to comply fully with all applicable requirements and to effect fully the purposes of this Agreement. 20. This Agreement may not be assigned without the express written consent of CVAG first being obtained. 21. Agency, its successors in interest and assigns shall be bound by all the provisions contained in this Agreement. 22. No officer or employee of CVAG shall be personally liable to Agency, or any successor in interest, in the event of any default or breach by CVAG or for any amount with may become due to Agency or to its successor, or for breach of any 48 obligation of the terms of this Agreement. 23. Notwithstanding any other provision herein, CVAG shall not be liable for payment or reimbursement of any sums for which CVAG has not first obtained the necessary and appropriate funding from TUMF and/or Measure "A" monies. 24. No officer or employee of CVAG shall have any personal interest, direct or indirect, in this Agreement; nor shall any such officer or employee participate in any decision relating to this Agreement which effects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any state, federal or local law. 25. Agency warrants that the funds received by CVAG pursuant to this Agreement shall only be used in a manner consistent with CVAG's reimbursement policy and all applicable regulations and laws. Any provision required to be included in this type of agreement by federal or state law shall be deemed to be incorporated into this Agreement. 26. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing, such as Federal Express or UPS); sent by telecopier or facsimile machine capable of confirming transmission and receipt; or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers: If to City of Palm Springs: Thomas Garcia Director of Engineering Services City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Telephone: (760) 322-8339 If to CVAG: CVAG 73-710 Fred Waring Drive Palm Desert, CA 92260 Telephone: (760) 346-1127 Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (i) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile machine); or (iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph. 27. This Agreement and the exhibits herein contain the entire agreement between the parties, and is intended by the parties to completely state the agreement in full. Any agreement or representation respecting the matter dealt with herein or the 49 duties of any party in relation thereto, not expressly set forth in this Agreement, is null and void. 28. If any term, provision, condition, or covenant of this Agreement, or the application thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 29. In the event either party hereto brings an action or proceeding for a declaration of the rights of the parties, for injunctive relief, for an alleged breach or default, or any other action arising out of this Agreement, or the transactions contemplated hereby, the prevailing party in any such action shall be entitled to an award of reasonable attorneys' fees and costs incurred in such action or proceeding, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment. 30. Time is of the essence in this Agreement, and each and every provision hereof in which time is an element. 31. This Agreement and all documents provided for herein shall be governed by and construed in accordance with the laws of the State of California. Any litigation arising from this Agreement shall be adjudicated in the courts of Riverside County, Desert Judicial District, State of California. 32. Agency warrants that the execution, delivery and performance of this Agreement and any and all related documents are duly authorized and do not require the further consent or approval of any body, board or commission or other authority. 33. This Agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument. rp J IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on this date: ATTEST: CITY OF PALM SPRINGS By: By: ATTEST: CVAG By: By: Tom Kirk, Executive Director Marion Ashley, Chair J� EXHIBIT "A" SCOPE OF SERVICES AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF PALM SPRINGS PEDESTRIAN SAFETY IMPROVEMENTS ALONG SOUTH AND EAST PALM CANYON DRIVE CORRIDOR The Scope of Services for this Project includes improvements along the South Palm Canyon Drive Corridor from Mesquite Avenue through the curve where South Palm Canyon Drive becomes East Palm Canyon Drive and ending at South Sunrise Way. South Palm Canyon Drive between Sonora Road and Avenida Palmera: • Signalized pedestrian crossing with overhead flashing beacon or hybrid/HAWK signal (2) • Pedestrian refuge island (approx. 20 feet) • High -visibility crosswalk, crosswalk lighting • Curb extensions for east and west sides of crosswalk • Advanced yield lines and warning signage (2) • ADA-accessible wheelchair ramps (2) South Palm Canyon Drive from Avenida Olancha to East Palm Canyon Drive, and East Palm Canyon Drive from South Palm Canyon Drive to Via Salida: • Pedestrian refuge island/raised median (approx. 1010 feet), signing and striping Intersection of Deep Well Road and East Palm Canyon Drive • New traffic signal with lighting • High -visibility crosswalk for north, east and west legs • Pedestrian refuge island/raised median (approx-. 20 feet) • Advanced stopped lines (4), signing and striping • Curb extensions for north leg (2) • ADA-accessible wheelchair ramps (3) Intersection of Sagebrush Road and East Palm Canyon Drive • New signal with lighting • High -visibility crosswalk for north, east and west legs • Pedestrian refuge island/raised median (approx. 20 feet) • Advanced stopped lines (4), signing and striping • ADA-accessible wheelchair ramps (3) ITS components • Provide 3" conduit w/144 SMFO cable • Link to existing Traffic Signals • Integrate latest ITS technologies per CVAG Signal Synchronization Project shall ensure that all improvements have met appropriate warrants. r EXHIBIT "B" AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF PALM SPRINGS PEDESTRIAN SAFETY IMPROVEMENTS ALONG SOUTH AND EAST PALM CANYON DRIVE CORRIDOR The total estimated cost of the Project is $1,674,000. In accordance with CVAG policy, CVAG agrees to pay 75% of the qualified project costs, in this case estimated as not -to -exceed $1,255,500. CVAG will reimburse eligible Project costs retroactive to 26 June 2017. The City of Palm Springs as Lead Agency agrees to invoice CVAG for 75% of the eligible project costs. AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF PALM SPRINGS VISTA CHINO AND NORTH PALM CANYON DRIVE SIGNALS THIS AGREEMENT is made and entered into this 25th day of September, 2017, by and between the City of Palm Springs ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances: RECITALS The "Coachella Valley Area Transportation Study", a valley -wide study prepared under the auspices of CVAG, has identified various transportation and highway projects and corridors throughout the Coachella Valley to be of regional importance. This project is in the 2016 Transportation Project Prioritization Study (TPPS) document; and, Approval of a highway financing measure by the voters of Riverside County in November of 1988, as well as the approval of an extension of Measure A by the voters in November of 2002, has created a source of funds with which to construct such projects; and, CVAG by agreement with its member agencies and with the Riverside County Transportation Commission ("RCTC"), has been designated as the agency through which such funds are to be conveyed and disbursed for the purpose of completing said regional transportation projects; and, CVAG Executive Committee, on July 31, 2006, approved the implementation of the amended Transportation Uniform Mitigation Fee "TUMF" Fee Ordinance to increase the collected TUMF Fee, effective January 1, 2007; and, Under CVAG's policy of funding eligible projects with member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying Twenty-five Percent (25%) of the Project costs (the Local Share), as well as any ineligible project costs, and CVAG will be responsible for Seventy-five Percent (75%) of eligible Project costs (the Regional Share). Historically, the CVAG Regional Share has been paid as a reimbursement to the Jurisdiction, as invoices are submitted and approved. Agency desires to proceed with the : Vista Chino and North Palm Canyon Drive Signals Project. The estimated cost of the Project is $1,475,000. CVAG's share of the Project cost is not -to -exceed $516,000, being the maximum allowable Regional Share of the Project costs as approved by CVAG's Executive Committee on 26 June 2017. NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the parties do agree as follows: 1. The program embodied in this agreement for the reimbursement of 54 funds by CVAG shall apply only to those regional arterial projects that have heretofore been identified in CVAG's Transportation Project Prioritization Study or specifically authorized by CVAG's Executive Committee. The Project was specifically approved by CVAG's Executive Committee as consistent with the TPPS on 26 June 2017, and is therefore eligible. 2. The Project is generally described as and consists of the following: Vista Chino at Via Miraleste and North Palm Canyon Drive at Via Escuela Signals. These services will hereinafter be referred to as the "Project". 3. The scope of work of the Project is more particularly described in Exhibit "A", entitled "Scope of Services " attached hereto and made a part hereof. The cost estimate for the Project is more particularly described in Exhibit "B" - "Estimate of Cost", attached hereto and made a part hereof. The cost estimates include a calculation intended to allow Agency to recover an amount representing the time of its employed staff in working on the Project as well as amount Agency shall pay to outside contractors in connection with the Project. The amount of the Jurisdiction One -Quarter and the CVAG Three -Quarters shall be calculated by reference to the cost estimates as shown on Exhibit "B" unless amended pursuant to the provisions of Paragraph 6. This Agreement shall establish a Time Trigger, which will require the start of the Construction Phase of the Project must begin by December 1, 2018. This deadline may be extended by CVAG's Executive Director under special circumstances. 4. It is the agreement between CVAG and Agency that of the total estimated cost of the project will be approximately $1,475,000, Caltrans' Share will equal $490,000, CVAG's Regional Share will equal $516,000, and the Local share shall be $469,000 as well as one -hundred percent (100%) of all costs not eligible for reimbursement by CVAG. This Agreement shall establish that CVAG may decline or delay regional funds should it be determined that such action is necessary to maintain a minimum balance of regional funds. 5. Agency agrees to seek reimbursement of seventy-five percent of only those costs which are eligible for reimbursement by CVAG, as outlined in the CVAG Policies and Procedures Manual for the Regional Arterial Program, as most recently amended. 5.1 CVAG will reimburse eligible Project costs retroactive to 26 June 2017 when the Project was approved by CVAG's Executive Committee. 6. Agency shall be responsible for initial payment of all covered costs as they are incurred. Following payment of such costs, Agency shall submit invoices to CVAG requesting reimbursement of seventy-five percent of those eligible costs associated with the Project. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to Agency, and documents evidencing Agency's payment of the invoices or demands for payment. Agency shall 55 also submit a Project Completion Report, in a form acceptable to CVAG, with each statement. Agency shall submit invoices not more often than monthly and not less often than quarterly. 6.1 Upon receipt of an invoice from Agency, CVAG may request additional documentation or explanation of the Project costs. Undisputed reimbursement amounts shall be paid by CVAG to Agency within thirty (30) days. 6.2 If a post -payment audit or review indicates that CVAG has Provided reimbursement to Agency in an amount in excess of Seventy-five Percent of eligible costs, or has provided reimbursement of ineligible Project costs, Agency shall reimburse CVAG for the excess or ineligible payments within thirty (30) days of notification by CVAG. 7. Prior to any final payment to Agency by CVAG, a final report shall be submitted to CVAG by Agency containing a record of all payments made for said Project and the source of funds of all such payments, together with a record of all change orders, cost over -runs, and other expenses incurred. Final payment will thereafter be paid by CVAG in accordance with its rules, regulations and policies concerning project cost determination and expense eligibility. 8. The format used for all bids solicited by Agency for the Project shall require itemization sufficient to allow quantities of each bid item to be easily discernible. 9. The parties agree that should unforeseen circumstances arise which result in new work not covered in Exhibit 'A," an increase of any costs over those shown in Exhibit "B," or other changes in the Scope of Work are proposed, CVAG will in good faith consider an amendment to this Agreement to provide for further appropriate reimbursement if the proposed amendment is in accordance with the policies, procedures, and cost determination/expense eligibility criteria adopted by CVAG. Non -substantive changes may be made to this agreement subject to CVAG's General Counsel's approval. 10. Agency shall maintain an accounting of all funds received from CVAG pursuant to this Agreement in accordance with generally accepted accounting principles. Agency agrees to keep all Project contracts and records for a period of not less than three years from the date a notice of completion is filed by the Agency on such Project; or, if the Project is not one as to which a notice of completion would normally be recorded, for three years from the date of completion. Agency shall permit CVAG, at any reasonable time, upon reasonable notice, to inspect any records maintained in connection with the Project. CVAG shall have no duty to make any such inspection and shall not incur any liability or obligation by reason of making or not making any such inspection. 11.The occurrence of any one or more of the following events shall, at CVAG's option, constitute an event of default and Agency shall provide CVAG with immediate notice thereof. 11.1 Any warranty, representation, statement, report or certificate made or delivered to CVAG by Agency or any of Agency's officers, employees or agents now or hereafter which is incorrect, false, untrue or misleading in any material respect; 11.2 Agency shall fail to pay, perform or comply with, or otherwise shall breach, any obligation, warranty, term or condition in this Agreement or any amendment to this Agreement, or any agreement delivered in connection with the Project; or, 11.3 There shall occur any of the following: dissolution, termination of existence or insolvency of Agency; the commencement of any proceeding under any bankruptcy or insolvency law by or against Agency; entry of a court order which enjoins, restrains or in any way prevents Agency from paying sums owed to creditors. 12. No waiver of any Event of Default or breach by one party hereunder shall be implied from any omission by the other party to take action on account of such default, and no express waiver shall affect any default other than the default specified in the waiver and the waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by one party to or of any act by the other party shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent or similar act. 13. This Agreement is made and entered into for the sole protection and benefit of CVAG and Agency and no third person shall have any right of action under this Agreement. 14. It is the intent of the Agency and CVAG that the Project be represented as being funded by Measure "A"/TUMF funds. All public notices, news releases, and documents shall indicate that the Project is being cooperatively developed by the Agency, RCTC, and CVAG using Measure "A"/TUMF funds. Prior to initiation of on -site construction, Agency agrees to provide at least one "Project Sign" to be placed in a safe and visible location near the site of construction so that all travelers passing the location have the opportunity to observe who the agencies are that are providing funds for the construction of the Project. The project funding sign for this Project shall be modified to conform to the Bicycle and Pedestrian Safety Program with the design to be approved by CVAG. 15. This Agreement is for funding purposes only and nothing herein shall be construed so as to constitute CVAG as a party to the construction or in ownership or a partner or joint venturer with Agency as to the Project. The Agency shall assume the defense of, indemnify and hold harmless CVAG, its member agencies, and their respective officers, directors, agents, employees, servants, attorneys, and volunteers, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions or inactions of the Agency related to the Project or taken in the performance of this Agreement or any agreement entered into by Agency with reference to the Project. CVAG shall assume the defense of, indemnify and hold harmless the Agency, its officers, directors, agents, employees, servants, attorneys, and 5i volunteers, and each of them, from and against all actions, damages, claims, losses, and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions of CVAG taken in the performance of this Agreement. 16. Agency agrees to include in its contract specifications and bid documents a requirement that all prime contractors shall name CVAG and its member agencies as "also insured" on all liability insurance coverage required by Agency on each contract. Agency will provide a copy of the Insurance Certificate to CVAG, depicting CVAG and its member agencies as "also insureds," within 30 days of signing a contract with the prime contractor. 17.Any dispute concerning a question of fact arising under this Agreement that is not disposed of by voluntary negotiations between the parties shall first be decided by the CVAG Executive Director or designee, who may consider any written or verbal evidence submitted by Agency. This decision shall be issued in writing. However, no action in accordance with this Section shall in any way limit either party's rights and remedies through actions in a court of law with appropriate jurisdiction. Neither the pendency of dispute nor its consideration by CVAG will excuse Agency from full and timely performance in accordance with the terms of this Agreement. 18. Any agency receiving federal funds must have an approved Disadvantaaed Business Enterprise program. All recipients of Federal Highway Administration (FHWA) funds must carry out the provisions of Part 26, Title 49 of the Code of Federal Regulations (CFR) which established the Federal Department of Transportation's policy supporting the fullest possible participation of firms owned and controlled by minorities and women in the Department of Transportation programs. Except to the extent that such or other contrary federal regulations may apply, Agency covenants that, by and for itself and all persons claiming under or through it, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. 19. Agency warrants that all aspects of the Project shall be undertaken in compliance with all applicable local, state and federal rules, regulations and laws. Agency will execute and deliver to CVAG such further documents and do other acts and things as CVAG may reasonably request in order to comply fully with all applicable requirements and to effect fully the purposes of this Agreement. 20. This Agreement may not be assigned without the express written consent of CVAG first being obtained. 21. Agency, its successors in interest and assigns shall be bound by all the provisions contained in this Agreement. 22. No officer or employee of CVAG shall be personally liable to Agency, or any successor in interest, in the event of any default or breach by CVAG or for any amount with may become due to Agency or to its successor, or for breach of any obligation of the terms of this Agreement. 58 23. Notwithstanding any other provision herein, CVAG shall not be liable for payment or reimbursement of any sums for which CVAG has not first obtained the necessary and appropriate funding from TUMF and/or Measure "A" monies. 24. No officer or employee of CVAG shall have any personal interest, direct or indirect, in this Agreement; nor shall any such officer or employee participate in any decision relating to this Agreement which effects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any state, federal or local law. 25. Agency warrants that the funds received by CVAG pursuant to this Agreement shall only be used in a manner consistent with CVAG's reimbursement policy and all applicable regulations and laws. Any provision required to be included in this type of agreement by federal or state law shall be deemed to be incorporated into this Agreement. 26. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing, such as Federal Express or UPS); sent by telecopier or facsimile machine capable of confirming transmission and receipt; or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers: If to City of Palm Springs: Thomas Garcia Director of Engineering Services City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Telephone: (760) 322-8339 If to CVAG: CVAG 73-710 Fred Waring Drive Palm Desert, CA 92260 Telephone: (760) 346-1127 Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (i) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile machine); or (iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph. 27. This Agreement and the exhibits herein contain the entire agreement between the parties, and is intended by the parties to completely state the agreement in full. Any agreement or representation respecting the matter dealt with herein or the 59 duties of any party in relation thereto, not expressly set forth in this Agreement, is null and void. 28. If any term, provision, condition, or covenant of this Agreement, or the application thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 29. In the event either party hereto brings an action or proceeding for a declaration of the rights of the parties, for injunctive relief, for an alleged breach or default, or any other action arising out of this Agreement, or the transactions contemplated hereby, the prevailing party in any such action shall be entitled to an award of reasonable attorneys' fees and costs incurred in such action or proceeding, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment. 30. Time is of the essence in this Agreement, and each and every provision hereof in which time is an element. 31. This Agreement and all documents provided for herein shall be governed by and construed in accordance with the laws of the State of California. Any litigation arising from this Agreement shall be adjudicated in the courts of Riverside County, Desert Judicial District, State of California. 32. Agency warrants that the execution, delivery and performance of this Agreement and any and all related documents are duly authorized and do not require the further consent or approval of any body, board or commission or other authority. 33. This Agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument. u� IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on this date: ATTEST: CITY OF PALM SPRINGS By: By: ATTEST: CVAG By: By: Tom Kirk, Executive Director Marion Ashley, Chair EXHIBIT "A" SCOPE OF SERVICES AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF PALM SPRINGS VISTA CHINO AND NORTH PALM CANYON DRIVE SIGNALS The Scope of Services for this Project includes improvements to the Indian Canyon Drive corridor between East Mel Avenue and Tachevah Drive and between Arenas Road and Baristo Road. Vista Chino (SR-111) and Via Miraleste: • Install traffic signal with pedestrian countdown signal heads, accessible pedestrian signal (APS), leading pedestrian phase, and protected left -turn phasing for eastbound and westbound. • Pedestrian detection within intersection for north, South and east legs • High -visibility crosswalk (Continental pattern) for north, south and east legs • Split phasing for the northbound and southbound legs • Advance stop lines • ADA-accessible wheelchair ramps (4) • Signing and striping North Palm Canyon Drive (SR-111) and Via Escuela: • Install traffic signal at the intersection with pedestrian countdown signal heads, accessible pedestrian signal (APS), and leading pedestrian phase. • Pedestrian detection within intersection for all legs (4) • Curb -extensions (bulb -outs) or refuge islands to reduce crossing distance on all legs • High -visibility crosswalk (Continental pattern) for all legs (4) • Advanced stop lines • ADA-accessible wheelchair ramps (4) • Signing and striping ITS components • Provide 3" conduit w/144 SMFO cable • Link to existing Traffic Signals • Integrate latest ITS technologies per CVAG Signal Synchronization G1 EXHIBIT "B" AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF PALM SPRINGS VISTA CHINO AND NORTH PALM CANYON DRIVE SIGNALS The total estimated cost of the Project is $1,475,000. In accordance with CVAG policy, CVAG agrees to pay 75% of the qualified project costs, in this case determined as not -to -exceed $516,000. CVAG will reimburse eligible Project costs retroactive to 26 June 2017. The City of Palm Springs as Lead Agency agrees to invoice CVAG for 75% of the eligible project costs up to the maximum allowable amount of $516,000. Caltrans has committed a lump sum contribution in the amount of $290,000 for the intersection of Vista Chino and Miraleste, and an additional $200,000 for the intersection of North Palm Canyon Drive and Via Escuela. ATTACHMENT 3 64 MEASURE J COMMISSION CITY OF PALM SPRINGS, CALIFORNIA www. palmspringsca.gov tM ae c'etiRO'0.N�p• MEETING MINUTES THURSDAY, JUNE 15, 2017, 4:00 p.m. PS AIRPORT CONFERENCE ROOM CALL TO ORDER: Chair Vogel called the June 15, 2017 Regular Meeting of the Measure J Commission of the City of Palm Springs to order at 4:03 p.m. ROLL CALL: PRESENT: Commissioners Bixon, Heritage, Johnson, Marshall, Vice -Chair Hammond and Chair Vogel. ABSENT: Commissioners Dada and Williams. ALSO PRESENT: Commission Secretary Muniz, Finance Director Kiehl, and Assistant City Manager/City Engineer Fuller. PLEDGE OF ALLEGIANCE: Commissioner Cohen led the Pledge. ACCEPTANCE OF THE AGENDA: Approve the Agenda as amended. Moving, ITEM 5.A., REVISIT CAPITAL PROJECTS RECOMMENDATIONS before ITEM 2, CITY MANAGER'S REPORT. Motion by Chair Vogel, and unanimously carried noting the absence of Commissioner Dada and Williams. APPROVAL OF MINUTES: Minutes as presented. Motion by Commissioner Johnson, seconded by Commissioner Heritage and unanimously carried noting the absence of Commissioner Dada and Williams. PUBLIC COMMENT: None. 1. WELCOME AND COMMENTS FROM MEASURE J CHAIR: Chair Vogel commented on the joint meeting with City Council held on May 9, 2017 and provided a verbal report. No action taken. At this time, Item 5.A., REVISIT CAPITAL PROJECTS RECOMMENDATIONS was moved before Item 2, CITY MANAGER'S REPORT. 2. CITY MANAGER'S REPORT: City Manager David Ready did not provide a verbal report. No action taken. G ri Measure J Commission Minutes June 15, 2017 Page 2 3. FINANCE DIRECTOR'S REPORT: Finance Director Kiehl provided a verbal report. No action taken. 4. MEASURE J PROJECTS UPDATE REPORT: City Engineer Garcia provided a verbal report. No action taken. 5. OLD BUSINESS: Mqomw S.A. REVISIT CAPITAL PROJECTS RECOMMENDATIONS: Vice -Chair Hammond commented on the CVAG Grant. ACTION: The money left over from this year's allocation of $1.2Million for Traffic Hot Spots, the next two years $1 Million a year for Community Project recommendation (after this fiscal year), and the savings of the North Palm Canyon Project be lumped together and the total be allocated toward the completion of the projects that are funded by the CVAG Grant. Motion by Chair Vogel, seconded by Commissioner Cohen and unanimously carried jg011ft noting the absence of Commissioners Dada and Williams. 6. NEW BUSINESS: 6.A. ELECTION OF OFFICERS: Chair Vogel provided a verbal report of the process for nomination of Officers. ACTION: Commissioner Johnson is nominated for Chair of the Commission. Motion by Chair Vogel, seconded by Commissioner Cohen and unanimously carried noting the absence of Commissioners Dada and Williams. ACTION: Chair Vogel recommends that Vice -Chair Hammond be nominated to remain as Vice -Chair of the Commission. Motion by Commissioner Marshall, seconded by Commissioner Cohen and unanimously carried noting the absence of Commissioners Dada and Williams. Chair Johnson thanked the Commission. PUBLIC COMMENT: None. STAFF MEMBER COMMENTS: None. COMMISSION MEMBER ITEMS, COMMENTS AND REQUESTS: Commissioner Heritage thanked the Commission and asked staff for an update on the entry way sign located on South Palm Canyon. Vice -Chair Hammond thanked Commissioner Heritage. Chair Vogel commented on the crosswalks buttons the Commission requested and also, thanked the Commission. G6 Measure J Commission Minutes June 15, 2017 Page 2 3. FINANCE DIRECTOR'S REPORT: Finance Director Kiehl provided a verbal report. No action taken. 4. MEASURE J PROJECTS UPDATE REPORT: City Engineer Garcia provided a verbal report. No action taken. 5. OLD BUSINESS: 5.A. REVISIT CAPITAL PROJECTS RECOMMENDATIONS: Vice -Chair Hammond commented on the CVAG Grant. ACTION: The money left over from this year's allocation of $1.2Million for Traffic Hot Spots, the next two years $1 Million a year for Community Project recommendation (after this fiscal year), and the savings of the North Palm Canyon Project be lumped together and the total be allocated toward the ' completion of the projects that are funded by the CVAG Grant. Motion by Chair Vogel, seconded by Commissioner Cohen and unanimously carried =i noting the absence of Commissioners Dada and Williams. 6. NEW BUSINESS: 6.A. ELECTION OF OFFICERS: Chair Vogel provided a verbal report of the process for nomination of Officers. ACTION: Commissioner Johnson is nominated for Chair of the Commission. Motion by Chair Vogel, seconded by Commissioner Cohen and unanimously carried noting the absence of Commissioners Dada and Williams. ACTION: Chair Vogel recommends that Vice -Chair Hammond be nominated to remain as Vice -Chair of the Commission. Motion by Commissioner Marshall, seconded by Commissioner Cohen and unanimously carried noting the absence of Commissioners Dada and Williams. Chair Johnson thanked the Commission. PUBLIC COMMENT: None. STAFF MEMBER COMMENTS: None. COMMISSION MEMBER ITEMS, COMMENTS AND REQUESTS: Commissioner Heritage thanked the Commission and asked staff for an update on the entry way sign located on South Palm Canyon. Vice -Chair Hammond thanked Commissioner Heritage. Chair Vogel commented on the crosswalks buttons the Commission requested and also, thanked the Commission. 66 Measure J Cornrnission Minutes June 15, 2017 Page 3 ADJOURNMENT: The Regular Meeting of the Measure J Commission of the City of Palm Springs adjourned at 4:46 p.m. to Thursday, September 21, 2017, at 4:00 p.m., Palm Springs City Hall, Large Conference Center, 3200 E. Tahquitz Canyon Way. Motion by Chair Vogel, and unanimously carried noting the absence of Commissioners Dada and Williams. APPROVED BY A MOTION OF THE MEASURE J COMMISSION THIS 21ST DAY OF SEPTEMBER, 2017. Ariana Muniz Commission Secretary i 14 ATTACHMENT 4 cs A L B E R T A. M AL A S S O C I A T E S Corporate Headquarters 3788 McCray Street Riverside, CA 92506 951.686.1070 Palm Desert Office 41-990 Cook St., Bldg. I - #801 B Palm Desert, CA 92211 951.686.1070 Murrieta office 41391 Kalmia Street #320 Murrieta, CA 92562 951,686,1070 September 7, 2017 Mr. Savat Khamphou, PE City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA, 92262-2743 RE: Proposal to Provide Engineering Services for CP17-07 Pedestrian Safety Enhancements at Signalized Intersections along Downtown Palm Canyon Drive Corridor Dear Savat: Albert A. Webb Associates (WEBB) is pleased to submit this proposal to provide Engineering Services for CP17-07 Pedestrian Safety Enhancements at Signalized Intersections along Downtown Palm Canyon Drive Corridor. Exhibit A contains our project understanding and proposed scope of work and Exhibit B contains our tentative project schedule. Exhibit C contains a summary of our fee proposal for services described in Exhibit A. We received Amendment#1 issued on August 31, 2017. We appreciate the opportunity to be of service and look forward to hearing from you. In the meantime, if you have any questions or require additional information, please call me at (951) 686-1070. Sincerely, Albert A. Webb Associates Dilesh R. Sheth, P.E./T.E. Vice President Attachments: Section "A" — Project Understanding and Scope of Work Section "B" — Project Schedule Section "C" — Compensation Fee Schedule Section "D" — Subconsultant Qualification Section "E" - Crosswalk Pedestrian Detection !►®CIyou O www.webbessociates.com G9 Section "A" — Project Understanding and Scope of Work Project Understanding The proposed projects are the signalized intersections in the downtown area of the City of Palm Springs along Palm Canyon Drive from Tachevah Drive to Ramon Road. The 10 study intersections are regionally important intersections based on the Palm Springs General Plan as well as the CVAG Transportation Project Prioritization Study (TPPS) and Active Transportation Plan (ATP). One bicycle severe injury collision, 5 pedestrian other visible injury collision, and 3 pedestrian complaint of pain injury collision were recorded at the intersections between January 2014 and February 2017. Each of the 10 intersections has basic crosswalk markings. There are curb ramps on most of the corners, but some are not be compliant with current ADA standards. Palm Canyon Drive varies in width throughout the corridor but is consistently 4-lanes wide with no median which provides a long crossing distance and no pedestrian refuge. Furthermore, new technology is available to protect pedestrians and bicyclists better within the signalized intersections. The Project is proposing to bring the existing traffic signals up to date with significant improvements to benefit pedestrians, including pedestrian countdown heads, pedestrian detection, accessible pedestrian signals, leading pedestrian phasing, and protected left -turn phasing, as well as high -visibility crosswalks, advanced stop lines, street lighting, curb bulb -outs with ADA-accessible wheelchair ramps. These improvements have been proposed to protect the pedestrians in the downtown area and to prevent further pedestrian collisions in the future. In June the CVAG's Executive Committee approved the top ten projects recommended for funding consistent with the Bicycle and Safety Program for 2017. The Pedestrian Safety Enhancement at Signalized Intersections along Downtown Palm Canyon Drive Corridor was one of the top projects recommended for funding. The CVAG reimbursement agreement contains a "Time Trigger" stipulation that the project begin within one year of execution. WEBB has assisted the City in preparation of the funding application and understands the project requirements, CVAG's, and City's expectations with this project. WEBB will be able to hit the ground running. The project is proposing to study all -way (Scramble) pedestrian crosswalks at four intersections on Palm Canyon at Tahquitz Canyon Way, Arenas Road, Andreas Drive, and Amado Road. WEBB has teamed up with Advantec Consulting Engineers (Advantec) to prepare an engineering study and traffic signal timing recommendations for these all -way crosswalks. Advantec has provided similar services to the City of Santa Monica for twelve (12) downtown traffic signals. Their experience will be very valuable to this project. In addition to the all -way pedestrian crosswalk analysis, Advantec will prepare traffic signal timing plans and will recommend proposed traffic signal equipment be consistent with CVAG's Traffic Synchronization Project and linked to the City's Traffic Management Center. Project Team Name Dilesh Sheth, PE/TE Lin McCaffrey, PE Nick Keller Nicholas Lowe, MS/PE Ingrid Tjahyadi Nancy Velgara Michael Johnson, LLS Sub -Consultants Counts Unlimited Inland Aerial Advantec Experience Expertise Role 23 yrs. Street, Traffic, Signal, Principal -In -Charge 28 yrs. Street, Drainage Project Manager 40 yrs. Street, Grading, Maps, Legals Street Design 5 yrs. Signing & Striping, Signal, QA/QC Traffic Study, Traffic Control, Traffic Impact Traffic Signal and Report Signing & Striping, Engineering Study 13 yrs. Traffic Signal, Signing & Traffic Signal and Striping, Traffic Control Signing & Striping 5 yrs. Signing & Striping, Traffic Traffic Study Control, Traffic Impact Report 29 yrs. Design Survey, ALTA Land Field Survey Title Survey, Legal Descriptions, Parcel Mergers, Lot Line Adjustments Counts collections Aerial Topography All -Way Crosswalk Study, Signal Timing, Traffic signal Equipment Compliance Scope of Work The scope of services for the project includes pedestrian countdown heads, pedestrian detection, accessible pedestrian signals, leading pedestrian phasing, protected left -turn phasing as necessary, high visibility crosswalk, advanced stop lines, street lighting, and curb bulb -outs with ADA-accessible wheelchair ramps at the following intersections: 1. Palm Canyon Drive (NS) & Tachevah Drive/Via I_Traffic signal ola (EW) 2. Palm Canyon Drive (NS) & Tamarisk Road (EW) 3. Palm Canyon Drive (NS) & Granvia Valmonte (EW) 4. Palm Canyon Drive (NS) & Alejo Road (EW) 5. Palm Canyon Drive (NS) & Amado Road (EW) 6. Palm Canyon Drive (NS) & Andreas Road (EW) 7. Palm Canyon Drive (NS) & Tahquitz Canyon Way (EW) 8. Palm Canyon Drive (NS) & Arenas Road (EW) 9. Palm Canyon Drive (NS) & Baristo Road (EW) 10. Palm Canyon Drive (NS) & Ramon Road (EW) WEBB will ensure that all improvements have met appropriate warrants. WEBB will also ensure that traffic signals integrate the latest ITS technologies included in CVAG's Regional Signal Synchronization Master Plan, and are linked to the City's Traffic Management Center. WEBB will propose new interconnect conduits and cable if needed to link traffic signals. WEBB will review and provide recommendations to widen sidewalk, install pedestrian barriers to discourage certain path. WEBB will coordinate with CVAG, City Staff (including maintenance), and City Committees. WEBB will provide an updated insurance certificate required by the current On -Call Engineering services and name CVAG and its member agencies as "also insured" on all liability insurance coverage. WEBB will provide an updated copy of insurance Certificate to the City prior to signing a contract. A. Engineering Study 1. All -Way Crosswalk Engineering Study Research, Investigation, and Review of Existing Conditions: a. ADVANTEC will research and review available data for use and reference for preparation of the traffic signal timing. Members of the ADVANTEC team will perform a field review of the project intersections and verify the existing traffic signal configuration and timing. Anticipated tasks include: 0 Obtain existing traffic signal timing sheets. • Perform a field review of the site to verify existing conditions and record drawings including: • Traffic signal facilities • Traffic signal timing • Field notes and a photo log of the intersections will be maintained. b. ADVANTEC will collect the following data at the four intersections to complete the exclusive pedestrian phasing study: AM, midday, PM and Saturday peak hour turning movement counts with pedestrians and bicycles, a total of 8 hours (2 hours per peak) at the proposed traffic signal improvement plans for Palm Canyon Drive at Tahquitz Canyon Way, Arenas Road, Andreas Drive, and Amado Road. Exclusive Pedestrian Timing Study: a. Based on the collected count data, the new traffic signal upgrade timing, and proposed traffic signal improvement plans, ADVANTEC will complete an operational analysis for each of the four (4) project intersections using the Synchro software. The operational analysis will identify the intersection level of service and the timing parameters that consider the influence of the pedestrian clearance times. b. The operational analysis will be conducted for the AM, midday, PM and weekend peak periods. New pedestrian clearance times will be established that use the 2014 CA MUTCD specified walking rate of 3.5 feet -per -second. Additionally, ADVANTEC will prepare time -space diagrams for the section of Palm Canyon Drive between Amado Road and Arenas Road to determine the extent of impacts to the corridor progression and consider strategies to minimize the impacts of larger pedestrian clearance times on traffic operations. c. ADVANTEC will prepare a study report for the exclusive pedestrian timing analysis that will detail the findings and conclusions of the analysis and any recommendations. Count data and intersection level -of -service will be included. 2. Engineering Study a. WEBB will collect the following data at the six intersections to determine traffic signal and curb extension improvements: AM, midday, PM and Saturday peak hour turning movement counts with pedestrians and bicycles, a total of 8 hours (2 hours per peak) at the proposed traffic signal improvement plans for Palm Canyon Drive at Tacheva Drive, Tamarisk Road, Granvia Valmonte, Aleo Road, Barristo Road, and Ramon Road. b. WEBB will update accident data (vehicle, pedestrian, bicycle) for project intersections. c. WEBB will review field conditions to determine constraints and opportunities. d. WEBB will perform levels of service, traffic signal timing plans, and engineering analysis including score/criteria to recommend proposed traffic signal and curb extension improvements. The following criteria (and other recommended by the City) will used to determine proposed curb extensions: • Pedestrian and bike collision history (and potential) • Vehicle collision history (and potential) • Numbers of pedestrian • Protected of permissive signal phase • Level of service analysis • Turning radius study (truck, fire truck) • Land use around intersection • Costly and/or time consuming physical constraints as determined by City staff (existing improvements, r/w, drainage, utilities) e. WEBB will prepare and submit an engineering study including preliminary cost estimate to the City and CVAG. f. WEBB will meet with the City and CVAG to review findings and recommendations. g. WEBB will field review proposed improvement with the City. h. WEBB will update the engineering study and preliminary engineering based on comments provided by the City and CVAG. i. WEBB will obtain approval on Engineering Study from the City. B. Aerial and Field Survey 1. WEBB will perform aerial survey on Palm Canyon Drive from 300' north of Tachevah Drive intersection to 300' south of Ramon Road intersection. 2. WEBB will perform field surveys necessary for the design of ten project intersections along the Palm Canyon Drive Corridor. 3. Topography will include, but not be limited to all features within the existing right-of-way and 20-FT further if necessary. 4. Ground field survey will include curb & gutter, sidewalk, colored sidewalk, ramps, cross gutter, pavement, pavers, driveways, building corners, entrances and doors, utilities, sewer manholes, fire hydrant, signs, signing & striping, traffic signal equipment, power poles, street lights, fences, landscaping, and trees within street improvement areas. 5. Our traffic signal design experience has shown that you can't rely 100% on as -built drawings. It is very important to field verify signal equipment. WEBB will ask the City for assistance in opening traffic controller cabinets and pull boxes to verify equipment within the cabinet, the number and size of conduits, and cables. WEBB will meet with the City's Traffic Maintenance Staff in the field to identify the equipment the City would like to re -use, remove and salvage, and remove and discard. C. Utility Investigation 1. WEBB will obtain as -built plans from utility companies. 2. WEBB's Design Engineer will field review all intersections to verify utilities shown on base survey file. 3. WEBB will create a utility log for all correspondence with utility companies. 4. WEBB will create a utility matrix (table) for all known impacted utilities 74 D. Preliminary Engineering 1. Preliminary Design (35%): a. WEBB will prepare Preliminary Street Improvement Plans (35%) for the curb extension. The Preliminary Street Improvement Plans will include removal and demolition of existing improvements, construction of curb & gutter, ADA ramps, cross gutter, sidewalk, and pavement. b. WEBB will prepare Preliminary Traffic Signal Modification Plans (35%) showing proposed traffic signal poles, signal heads, detection zones, striping, and ADA ramps. Preliminary Traffic Signal Modification Plans will include pedestrian countdown heads, accessible pedestrian signals (APS), leading pedestrian phases; crosswalk pedestrian detection systems, and protected phase conversions (if feasible). c. WEBB will prepare Preliminary Signing & Striping Plans showing proposed All -Way crosswalks (location as approved by the City), high visibility crosswalks, lane lines, turning lanes, pavement markings, and signs. 2. Preliminary Cost Estimate: a. WEBB will prepare a Preliminary Construction Quantity and Cost Estimate breakdown for each intersection. It will be based on the most current cost information for recent similar projects in the area compiled by WEBB and as approved by the City. The estimated items of work with quantities shall include, but not be limited to itemizing all removals, relocations, PCC sidewalk, PCC curb & gutter, driveway approaches, ADA ramps, subgrade preparation, cold milling, aggregate base, Asphalt Concrete (AC) paving, water valve lids, relocation of fire hydrants, pavement legends & striping, signs, traffic control measures, raised pavement markers, traffic signal equipment removal and installation, and project identification and completion signs. The estimated items of work with quantities will be arranged in chronological order of construction and will contain all the information needed to prepare the Engineer's Estimate of Costs. The Engineer's Estimate will be prepared and submitted on the City's estimate form. 3. Coordination with City, CVAG, and Main Street Palm Springs: a. WEBB will submit the Preliminary Design plans (35%) and Engineer's Estimate to the City for review. b. WEBB will address the City's comments and prepare a package for submittal to CVAG and the Main Street Palm Springs community organization. c. Based on the preliminary construction cost of the project WEBB will provide recommendations for the final design scope to fit within the CVAG grant. WEBB will consult with the City and obtain approval on the final project scope of work. d. WEBB will meet with City, CVAG and Main Street Palm Springs' Staff to review the Preliminary Design. e. WEBB will obtain approval from the City, CVAG. and Main Street Palm Springs to proceed with final design. E. Final Plan, Specification, and Cost Estimate (PS&E) WEBB will submit design drawings with each submittal for review and comments by the City, along with the previous red -lined check prints. The design drawings will be as complete, accurate, and error -free as possible before plan checking is considered, in order to reduce the number of plan checks required and related costs to the City and consultant. Submittals shall be 65%, 90%, and final. 1. Street Improvement Plans: a. WEBB will prepare Street Improvement Plans for ten project intersections. b. Street Improvement Plans will be at 1 "=20' scale for plan view and 1 "=4' for profile view using current CA-MUTCD, Caltrans Standard Plans, and City of Palm Springs standards and requirements. c. Street Improvement Plans will include removal of existing curb & gutter, sidewalk, ramps, drainage, and other obstructions and features as needed. d. Street Improvement Plans will show adjustment or relocation of existing utilities or features as needed. e. Street improvement plans will include construction of curb, gutter, sidewalk, ADA ramps, and cross gutters as needed. f. Curb & gutter will be designed per City standards. Design adjacent asphalt will be designed to match existing street grade and section. g. ADA ramps will be designed per City, Caltrans, and ADA standards. WEBB will include installation of new ramps as necessary for ADA compliance. h. Street Improvement Plans will identify trees, landscaping, grass areas, ornamental items, and sprinklers within proposed improvement areas to be protected in place, removed, and/or relocated. i. WEBB will submit Street Improvement Plans to the City for review and comment. WEBB will revise Street Improvement Plans per comments and submit final Mylar plans for approval. j. WEBB will obtain Street Improvement Plans approval from City. 2. Traffic Signal Modification Plans: a. WEBB will prepare Traffic Signal Modification Plans for ten project intersections. b. Traffic Signal Modification Plans will be at 1"=20' scale using current CA-MUTCD, Caltrans Standard Plans, City of Palm Springs standards and requirements, and input from City staff. c. Traffic Signal Modification Plans will include pedestrian countdown heads, accessible pedestrian signal (APS), crosswalk pedestrian detection systems, leading pedestrian phases, and protected phase conversions (if feasible). In addition, traffic signal modification plans will address bicycle detection and overall traffic signal operation. d. WEBB will submit Traffic Signal Modification Plans to the City for review and comment. WEBB will revise Traffic Signal Modification Plans per comments and submit final mylar plans for approval. e. WEBB will obtain Traffic Signal Modification Plans approval from City. 3. Signing & Striping Improvement Plans: a. WEBB will prepare Signing & Striping Improvement Plans for the Palm Canyon Corridor from 300-FT north of Tachevah Drive to 300-FT south of Ramon Road. The Signing & Striping Improvement Plans will include east approaches of intersections to Indian Canyon Drive and west approaches to a minimum of 150-FT. b. Signing & Striping Improvement Plans will show existing and proposed street striping, pavement markers, street legends, street markings, arrows, all -way crosswalks, high visibility crosswalks, bike lanes, and signage that may exist or be required to complete the project. c. Signing & Striping Improvement Plans will be at 1"=20' scale using current CA-MUTCD, Caltrans Standard Plans, City of Palm Springs standards and requirements, and input from City Staff. d. WEBB will submit Signing & Striping Improvement Plans to the City for review and comment. WEBB will revise Signing & Striping Improvement Plans per comments and submit final mylar plans for approval. e. WEBB will obtain signing & striping plans approval from City. F. Traffic Signal Timing Sheets 1. WEBB will ensure that proposed traffic signal equipment is consistent with the CVAG's Regional Traffic Synchronization Project ADVANTEC will prepare a new traffic -actuated timing plans that incorporate the new signal phasing and crosswalks installed at each of the 10 project intersections located on Palm Canyon Drive. The traffic signal timing chart will be for a Model 170 or 2070 controller with the McCain 233 program (or other program) that will be in use at the project intersection. A blank timing chart provided by McCain Traffic will be filled in with the applicable parameters and settings required to fully operate the signal. 2. Current traffic engineering practices will be used to establish minimum and maximum green times, yellow, and all -red phase timings. Detector assignments and timing operation will also be programmed. G. Consistency with CVAG's Regional Traffic Synchronization Project 1. WEBB will ensure that proposed traffic signal equipment is consistent with the CVAG's Regional Traffic Synchronization Project. 2. WEBB will ensure that project intersections are linked to the City's Traffic Management Center. H. New Traffic Signal Technology Recommendations 1. WEBB will investigate reliability, compatibility, cost, maintenance cost of new traffic signal technology equipment. 2. WEBB will contract other agencies that are using new technology and get a feedback. 3. WEBB will request vendors to provide demonstrations to the City. I. Utility Coordination 1. WEBB will submit proposed improvement plans to utility companies. 2. WEBB will provide coordination with utility companies regarding potential relocations and removals. J. Specifications and Cost Estimate 1. WEBB will prepare Specifications and Technical Provisions in Microsoft Word format. 2. WEBB will compile the Project Specifications including the project specific scope of work in the Technical Specifications and provide special Technical Provisions beyond the City's standard Technical Provisions. The Specifications shall be signed by a WEBB Civil Engineer registered in the state of California and will be complete and ready for bidding purposes and awarding contracts for construction of the improvements. The latest edition of the Green Book (Standard Specifications for Public Works Construction and subsequent amendments) will be used on the Project, except for striping and traffic signs. The technical portion of the Caltrans Standard Specifications will be used for the striping and traffic signs. 3. WEBB's final construction cost estimate shall be based upon, and in agreement with, the final items of work with estimated quantities. Computations showing estimated quantities and costs for each location of work, as well as the sum totals for each intersection and total Project shall be submitted to the City for review along with a set of plans showing items of work with quantities on each sheet. K. Project Meetings 1. WEBB will meet with the City to review plans and plan check comments. 2. WEBB will provide a monthly project updates. 3. WEBB will meet with City Maintenance Staff and City Committees on as needed basis. L. Provide Bid Support Services 1. WEBB will review and prepare responses to RFIs as needed and assist the City in preparation of addendums. M. Construction Support Services 1. WEBB will provide construction support services through project completion. 2. WEBB will review and prepare responses to RFIs as needed. 3. WEBB will provide as needed `on -call' construction support in response to the City's request during the construction phase. N. As -Built Plans 1. WEBB will prepare as -built plans per the City's requirements. io Q Taal name 1 �s Notice To Proceed ' Project Nick -Off Meeting s Engineering Study s Research, Investigation & Review Existing Condition% s Collect Traffic and Pedestrian Lounts ° Exclusive Pedestrian Timing Study, Traffic Analysis, and Warrant Analysis , I Prepare Engineering Study s City and CVAG Review of Engineering Study a Revere Engineering Study 10 Coy and CVAG Approval of Engineering Study 1 Aerial and Field Survey 12 Research Maps and Records 13 Field Survey 11 Aerial Survey 11 Utilities Investigation 16 Request as -built plans 1r Obtain Maps and Create Log and Matrn us Preliminary Design rS Prepare Preliminary Design (35%) and Cost Estimate 2e City Review of 3511 Drawings and Cost Estimate m WEBB to Update 35% Plans and Cost Estimate 22 WEBB to meet with CVAG Staff & Main Street Palm Springs ss Coordination with the City and Obtain Notice to Proceed with Final Design j° Final Plans. Specification, and Cost Estimate (PSS.E) 21 Improvement Plans (65%( 2B Prepare cast Estimate f] � City Review ' Review Proposed Design with Main Street Palm Springs 2s Utility Coordination 40 Improvement Plans (90%) 31 Prepare Final Cost Estimate and Technical Specs J2 Traffic Signal Timing Sheets ss City Review sa Review Proposed Design with Main Street Palm Springs ss Utility Coordination J6 Improvement Plans (Mylars) 't Update Final Cost Estim ati, and TFchnical Specs as City Approval Je Review Proposed Design with Main Street Palm Springs ao Utility Coordination 41 Bid Packet and Support Services (All Projects) Ic Prepare Bid Packet 43 City to Take it to Council for Advertisement a° City to Advertise the Project ere Bid Support Services and Upen Bids as Select Lowest Responsible Bidder aT Start Construction Tn.e I—,1I,l 1la—il Frond 1,1,e M Sqe .. PreMci Summary a1. weer 9l2°ir •••"" •••••• Milesbne ♦ EMrvI T.¢ki SECTION "B" PROJECT SCHEDULE CP1747 Pedestran Safety Enhancements at Slgnallma Intersections along Downtown Palm Canyon Dr. Cotildor Project D—c- Sun I psWbi 1 Newmbr l N,.ri l Janwm l Fsprvrry l Mrrcll l ue 1 M. l Jure t iaN l n ,nl S.acin � 1 9naba sc2l Ipa 10'22 os 11,19 213 12nr""o a n.a :11 2125 (II 325 ac" N6 '+'2° 69 fit, Tn ,11 T129 d12 . ia" ka "I IMI 1 day Wed 10/4/17 Wed 101 1 1 day Man 10/9/17 Mon 10i IFS+2 days T. 70 days Mon 1019/17 Fri 1/12/18 Vr'�_ _" --__....., .... .. 10days Mon 10i Fri 10/20/17 IFS4 days IA lUdays Mon 10/23/17 Fri 11/3/174 �Yi1Ba 10days Mon 11/6/17 Fri ll/17/175 15 days Mon 11/20/17 Fri 12/8/176 10days Mon 12/11/17 Fri 12/22/177 5 days Mon 12/25/17 Fri 12/29/177,8 10days Mon 1/1/18 Fri 1/12/189 45 days Mon 10/9/17 Fri 1218/17 15days Mon 10/9/17 Fri 1D1271171F5*2 tlays 30daye Mon 10/30/17 Fri 12/8/1712 30days Mon 10/9/17 Fri 11117/171FSi2 days 45 days Tue 10/10/17 Mon 12/11/17 15 days Tue 10/10/17 Mon 101301172 30days Tue 10/31/17 Mon 12/11/1716 65 days Man 1/1S/18 Fri 4/13/18 25 days Mon 1/15/18 Fri 21161186,13,17 B,1D,7 10days Man 2/19/18 Fri 3/2/1819 10days Mon 3/5/18 Fri 3/16/1820 10days Mon 3/19/18 Fri 3/30/1821 l0days Mon 4/2/18 Fri 4/13/1822 90 days Mon 4116/18 30 days Mon 4/15/18 30 days Man 4/16/18 l0days Man 5/28/18 15 days Mon 5/29/18 45 days Man 4/16118 20days Mon 6/19/18 20days Mon 6/18/18 10 days Mon 6118/18 10 days Mon 7/16/18 10 days Men 7/16/18 30 days Mon 6/18/18 10 days Mon 7/30/18 10 days Mon 7/30/18 5 days Mon 8/13/18 5 days Mon 8/13/18 15 days Mon 7/30/18 56 days Mon 7130/19 5 days Mon 1/30/18 10 days Mon 9/6118 1 day Mon 9/20/18 20 days Tue 8/21/18 5 days Tue 9/18/18 15 days Tue 9/25/18 E1.1-1 wit— a I ... t—Teri. in.mve Mkwru , Fri 8/17/18 Fri 5/25/1823 Fn 5125/182; Fri 6/8/18 25,26 Fri 6/15/1825.26 Fri 6/15/1823 Fri 7113/18 27,29,28 Fri 7113118 27,29,28 Fri 7/1311827,29,28 Fri 7/27/1830,32 Fi 7/27/1830,32 In 7127/1827,28 Fri B/10/1833,34 Fri 8110/18 33,34 Fri 8117/1836,37 Fri 8/17/1836,37 Fri 8/17/1835 Mon 10/IS/18 to 813/18 33 Fn 8/17/1842 Mon 8/26/1843,38 Mon 9/17/1844 Mon 9/24/1845 Mon 10/15/1846 Till �aIW InecLw S.—" Manuel Summary R,Ii mmmyaeiw, FinnM1unty Li leak Manuel summary I...... ouralan enb slanomy E o.aairy S Gage 1 Usti um T Section "Crr f10 IL - CP 17-07 -Pedestrian Safety Enhancements at Signalized Intersections along A r.5f nT �. r, � ♦ a� WEBB as A6r oC ATr_ Downtown Palm Canyon Corridor Project Budget c 4i Task Description a c T c „ M c c V N Z �' H V -t7 `o A O o .a E m -� to`m a o 7 'N G 0)0 7 N i 0 0 1�0 0 a N Q tN 07 Q (L U F- .,J W IY Q F Task Group A - Enalneerina Study 1 All -Way Crosswalk Engineering Study 2. Engineering Study Task Group B - Field Survev Aerial and Field Survey Task Group C - Utility Investigation Utility Investigation Task Group D - Preliminary Desian 1. Preliminary Design 2. Preliminary Cost Estimate 3. Coordination with City and CVAG _ 4 _ 6 Task Group A Total 4 TaskGroup B Total 2 _ Task Group C Total 2 12 24 24 Task Group C Total j Task Group E - Final Plan. Snecification. & Cost Estimate IPS&EI 4 4 12 $ 1,740 $ 11,000 $ 12,740 16 4 26 $ 3,580 I $ 5,160 $ 8,740 1--- - $ 21,480 40 60 8 121 124 $ 22,120 $ - - - -_ 3,800 $ 25,920 $ 26,920 8 24 34 $ 3,820 $ 3,820 $ 3,820 140 90 4 248 $ 34,510 $ 34,510 16 8 4 34 $ 4,920 $ 4,920 6 $ 1,240 $_ 1,240 1 ... r $ 40,670 1 - Street Improvement Plans 6 I 24 400 _ _ 12 442 $ 67,140_ $ ____67,140 2 - Traffic Signal Modification Plans 2 8 360 _ 8 378 $ 44A40 r $ 44,140 3 - Signing & Striping Improvement Plans 2 8 100 8 118 $ 14,240 _ $ 14,240 Task Group E Total I _ _ _ _ S 125.020 Task Group F - Traffic Sianal Timina Sheets Traffic Signal Timing Sheets 2 I 4 6 $ 920 $ 5,170 $ 6,090 Task Group F Total I I $ 6,090 Task Group G - Consistencv with CVAG's Reaional Traffic Svnchronizatlon Protect Consistency with CVAG Regional Traffic Synchronization 2 4 6 $ 920 $ 3,400 1 $ 4,320 Task Group G Total _ _ S 4.320 Task Group H - New Traffic Skinal Technoloav Recommendations lNew Traffic Signal Traffic Signal Technology Recommnedations 4 - -- -� 4 8 $ 1,380 I -- -_� II $ ---- 1,350 I Task Group H Total I Is 1,390 (Task Group I - Utility Coordination I II l Ufility Coordination 8 16 8 32 $ 419601 -Itli $ 4,960 i Task Group I Total i Is kli (Task Group J - Specifications and Cost Estimate Specification and Cost Estimate 4 I 16 I 8 81 36 $ 4,960 I II $ 4,960 TaskGroupJTotal i ( _-I is 4.%0 (Task Group K - Project Meetinqs I _ I I _ Project Coordination and Meetings 10 I 8 8 8 I 34 $ 5,500 $ _ _ 1,200 $ 6,700 TaskGroupKTotal i ( N $ 61700 G),Propoaals Q'VKMAL FKUI'VJALJI(lt%, of Palm springs\12782 ('P17-07 Saletynllancenlent Palm (.anyon`,_H N.4L A(11SIbll l [tD l]CMD1Ul.Jg1_budgel CSIIIIIatB '1111-01 Section "Cr CP 17-07 - Pedestrian Safety Enhancements at Signalized Intersections along Downtown Palm Canyon Corridor Project Budget AI Hf -Hr A `/{%EBB 4S S 0C A T C S i c N > Y Task Description _ Ta = ei m c c� 4.I % C 7 o NCL 2 3 c c 0 0Z N a o '� ° aE . o c d 0 a� rn � o o m � ar o a to ¢ N CO) ¢ a v I— _J to fY Q H Task Groun L - Provide Bid Su000rt Services Bid Support Services 4 4 4 12 $ 1,980 $ 1,980 Task Group L Total S 1.960 Task Group M - Construction Support Services Construction Support Services _ 8 24 24 4 60 $ 8,560 $ 8,560 Task Group M Total $ 81560 Task Group N - As -Built Plans As -Built Plans _ 2 8 8 2 20 $ 2,760 $ 2,760 Task Group Ntotal 2,760 Task Group O -Reimbursable Reimbursement Expenses - $ - $ 500 $ 1 500 Task Group O Total $ Soo Total 76 68 672 I 60 650 110 1.636 $ 229,390.00 S ® 30,230.00 1 $ 259,620.00 Cumulative Effort to complete 35% $ 93,690 $ 93,690 Effort to complete 65% $ 93,003 $ 186,693 Effort to complete 95% $ 47,396 $ 234,089 Effort to complete 100% $ 25,531 $ 259,620 $ 269,620 (--1 G \Proposals\FORMAL PROPOSALS\Cty of Patin Spnnbrs\L-'782 C'P17-07 Safety Enhancement Palm Canyon\_FINAL SUBMITTED ITEMS\012782Budget Estimate CP17-07 i_Z1 A L B E R T A. L 1611 101 FEE SCHEDULE A S S O C I A T E S CLASSIFICATION Rates $/Hour Engineers/Project Managers/Planners/Scientist/ Assessment/Special Tax Specialists/Landscape Architects/Designers Principal11............................................................................................................ 230.00 PrincipalI............................................................................................................. 210.00 SeniorIII.............................................................................................................. 195.00 Senior11.............................................................................................................. 185.00 SeniorI............................................................................................................... 175.00 AssociateIII......................................................................................................... 165.00 AssociateII......................................................................................................... 150.00 AssociateI.......................................................................................................... 140.00 AssistantV.......................................................................................................... 125.00 AssistantIV......................................................................................................... 115.00 AssistantIII.......................................................................................................... 100.00 AssistantII.......................................................................................................... 85.00 AssistantI........................................................................................................... 70.00 Survey Services 2-Person Survey Party........................................................................................ 220.00 1-Person Survey Party........................................................................................ 160.00 Inspection Services Inspector (Non -Prevailing Wage)........................................................................ 110.00 *Inspector (Prevailing Wage).............................................................................. 120.00 Administrative Services Project Coordinator............................................................................................ 90.00 Administrative Assistant III................................................................................. 80.00 Administrative Assistant II.................................................................................. 70.00 Administrative Assistant I.................................................................................. 55.00 Other Direct Expenses Incidental Charges............................................................................................... Cost Postage and Telephone...................................................................................... Cost In -House Prints, Copies and Delivery.................................................................. Cost Travel & Subsistence.......................................................................................... Cost Special Consultant............................................................................................... 310,00 Subcontracted Services....................................................................................... Cost + 15% Inspection/Survey Per Diem.............................................................................. 100.00 Survey/Inspector Vehicle................................................................................... .81 per mile Mileage............................................................................................................... .72 per mile *Prevailing wage inspection rate is subject to increase based on State prevailing wage. NOTE: All rates are subject to change based on annual inflation and cost of living adjustments. A FINANCE CHARGE of one and one halt percent 1142%) per month 118% per yew) will be added to any unpaid amount commencing thirty (301 days from date of invoice. A mechanics' lien may be filed fog any invoice remaining unpaid aflei thirty (30) days from date of invoice 7 J, 83 SECTION D. SUBCONSULTANT QUALIFICATIONS AD VANTEC Consulting Enc ineers City of Santa Monica Downtown Signal Timing Services In 2016, the City added pedestrian scrambles to 12 intersections in the Downtown area allowing pedestrian crossing in all directions at the same time, and allowing vehicles to cross through the intersection and turn without presence of pedestrians. The addition of the pedestrian scrambles required an analysis of the signal timing for the entire Downtown grid to address the new exclusive signal phasing and longer pedestrian crossing times. The Downtown Traffic Signal Timing Study was initiated in preparation of the scrambles and occurred in three phases: Develop optimized signal timing plans, implement and fine tuning the signal timing plans, and conducting a before and after study report. The purpose of the Downtown Traffic Signal Timing Study was to analyze the effects of 12 proposed pedestrian scrambles on the City's downtown district and to develop optimized traffic signal timing plans. The Downtown district includes 41 traffic signals and is bounded by Wilshire Boulevard to the north, Lincoln Boulevard to the east, Colorado Avenue to the south, and Ocean Avenue from California Avenue to Moomat Ahiko Way to the west. Three sets of timing plans were developed as part of the timing study. The base plan for typical weekday conditions with balanced flow and the other two plans —inbound and outbound —for directional flow with the green band weighted for progression in one direction. The base plan was implemented and evaluated in the field. SECTION E. CROSSWALK PEDESTRIAN DETECTION SYSTEM EXAMPLE T MS SEDCO S MARTWALK° XM-S SMS I SOLAR PEDESTRIAN MOTION SENSOR for Crosswalk Occupancy Detection r..,.,a.kt1, o 3i„„,. DESCRIPTION The new SMARTWALK XM-S is part of MS Sedco's Automated Pedestrian Protection System. The SMARTWALK XM-S allows you to monitor the end of a crosswalk cycle and allow for the extension of the "DON'T WALK" time while a pedestrian is still in the curbside lane of the crosswalk. It accomplishes this by providing an output that can be wired into the crosswalk timing control. When the timing sequence is about to end, if the SMARTWALK XM-S detects someone in the targeted crosswalk area, it can enable the control timer to extend the "DON'T WALK" time, giving pedestrians additional time to safely exit the crosswalk. The SMARTWALK XM-S can also be used to improve safety at trail crossings where the warning lights only flash when a trail user is present. Once the warning lights have been activated and the timed flashing cycle begins, the SMARTWALK XM-S can monitor the end of the flashing cycle and allow for the warning lights to continue flashing while a pedestrian is still in the targeted area near the roadside. The SMARTWALK XM-S can also be used in tandem with the SMARTWALK XPS for early activation of the warning lights up to 60 feet from the roadside while the SMARTWALK XPS provides presence detection at the roadside. When combined with the SMARTWALK XP-S, this system provides increased pedestrian safety by activating the crosswalk signal (XP-S) And detecting pedestrians in the crosswalk area (XM-S) with no special action required by the pedestrian! SMARTWALK XM-S SPECIFICATIONS PHYSICAL: 9 Physical Dimensions: 4"W x 4"H x 7T MEnclosure: Powder Coated Aluminum 1111 4 lbs. OPERATING: 5Operating Frequency: 24,125 gHz (K-band) 9 Detection Method: Microprocessor Analyzed Doppler Microwave ® Detection Pattern; Adjustable with cover off ® Detection Angle: Adjustable N Detection Mode: Selectable: approach -only, depart -only, or bidirectional motion ®Call Extension Time: 0.1 to 5 seconds ®Power Requirements: 12V DC±10% ®Power Consumption: 1 W Max. ® Relay Output: Form C, rated at 1 Amp 05 24V DC (N.O. and N.C.) ® Output Power: 5mW typical ® Relay Contact Ratings: 0.5A:5OV AC ® Temperature range:-29.2°F to 165OF (-340C to 740C) PERFORMANCE: ® Specifically designed for solar powered crosswalk occupancy applications ® Monitor the end of the crosswalk cycle and allow for extension of pedestrian clearance timer while a pedestrian is still in the curbside lane of a crosswalk ® Software minimizes false activations from vehicular traffic ® Installs and aligns in minutes SMARTWAL"M 32015 8701 Castle Park Drive 9 Indianapolis, IN 46256 Telephone: (317) 842-2545 N Fax: (317) 849-3387 wwwrnssedcocorn N custsvc@mssedco.com 00 11 8.F) A L B E R T A. � 'DIN i A S S O C I A T E S Corporate Headquarters 3788 McCray Street Riverside, CA 92506 951 686,1070 Palm Desert Office 41-990 Cook St., Bldg. I - #801 B Palm Desert, CA 92211 951.666.1070 Murrieta Office 41391 Kalmia Street 4320 Murrieta, CA 92562 951.686.1070 September 7, 2017 Mr. Savat Khamphou, PE City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262-2743 RE: Proposal to Provide Engineering Services for CP17-08 Pedestrian Safety Enhancements at Signalized Intersections along Downtown Indian Canyon Drive Corridor Dear Savat: Albert A. Webb Associates (WEBB) is pleased to submit this proposal to provide Engineering Services for CP17-08 Pedestrian Safety Enhancements at Signalized Intersections along Downtown Indian Canyon Drive Corridor. Exhibit A contains our project understanding and proposed scope of work and Exhibit B contains our tentative project schedule. Exhibit C contains a summary of our fee proposal for services described in Exhibit A. We received Amendment #1 issued on August 31, 2017. We appreciate the opportunity to be of service and look forward to hearing from you. In the meantime, if you have any questions or require additional information, please call me at (951) 686-1070. Sincerely, Albert A. Webb Associates r Dilesh R. Sheth, P.E.lT.E. Vice President Attachments: Section "A" — Project Understanding and Scope of Work Section "B" — Project Schedule Section "C" — Compensation Fee Schedule V®EIM11101 www.webbassociates.com Section "A" — Project Understanding and Scope of Work Project Understanding The proposed projects are the signalized intersections in the downtown area of the City of Palm Springs along Indian Canyon Drive from Tachevah Drive to Ramon Road. The 9 study intersections are regionally important intersections based on the Palm Springs General Plan as well as the CVAG Transportation Project Prioritization Study (TPPS) and Active Transportation Plan (ATP). One pedestrian severe injury, 2 pedestrian other visible injury collision, and 4 pedestrian complaint of pain injury collisions were recorded at the intersections between January 2014 and February 2017. Each of the 9 intersections has basic crosswalk markings. There are curb ramps on most of the corners, but some may not be compliant with current ADA standards. Indian Canyon Drive varies in width along the corridor but is consistently 4-lanes wide with a median in some areas which provides a long crossing distance and no pedestrian refuge. Furthermore, new technology is available to protect pedestrians and bicyclists better within the signalized intersections. The City is proposing to bring the existing traffic signals up to date with significant improvements to benefit pedestrians, including pedestrian countdown heads, pedestrian detection, accessible pedestrian signals, leading pedestrian phasing, and protected left -turn phasing, as well as high -visibility crosswalks, advanced stop lines, curb bulb -outs with ADA-accessible wheelchair ramps. These improvements have been proposed to protect the pedestrians in the downtown area and to prevent further pedestrian collisions in the future. In June, the CVAG Executive Committee approved the top ten projects recommended for funding consistent with the Bicycle and Safety Program for 2017. The City of Palm Springs' Pedestrian Safety Enhancement at Signalized Intersections along Downtown Indian Canyon Drive Corridor (Safety Project), CP17-08, was one of the top projects recommended for the funding. The Safety Project includes signalized intersections along Indian Canyon Drive from Tachevah Drive to Ramon Road, and includes improvements to protect downtown pedestrians and to prevent future pedestrian -involved collisions. WEBB understands the CVAG's reimbursement agreement contains a "Time Trigger" stipulation that the project begin within one year of execution, so the Safety Project will need to be completed as quickly as possible. WEBB is prepared to complete the preliminary design quickly, with input from the City and CVAG, to begin final design in an expeditious manner. WEBB is uniquely situated to complete the design expeditiously, and at the same time reduce project costs, as we are currently contracted for design services for the Indian Canyon Drive Two - Way Conversion Project, CP13-13 (Two -Way Conversion Project). The primary goal of the Two - Way Conversion Project is to improve vehicular traffic flow on Indian Canyon Drive by converting it 837 from a one-way to two-way traffic flow operation, as well as converting existing northbound one- way traffic lanes to two northbound through lanes, with one two-way left turn median/raised median, and one southbound lane between Granvia Valmonte and Carmino Parocela. With the preliminary design already completed for the Two -Way Conversion Project along a similar stretch of Indian Canyon Drive, WEBB will be able to use the same aerial topography, field topography, utility research, base mapping, and preliminary layout in designing the Safety Project. WEBB will only need to obtain supplementary aerial and field surveys and as -built utility mapping from Granvia Valmonte to 300-FT north of Tamarisk. WEBB also understands the needs and requirements for both the Safety and Two -Way Conversion Projects and how to effectively design these overlapping projects so that the Two -Way Conversion Project will require minimum improvements when it moves forward. For example, WEBB will design traffic signal modifications for the Safety Project so conduits, cables, pull boxes, traffic signal poles, mast arm (with extra tenons), and other equipment can be used with minimum interference when the Two-way Conversion Project is underway. WEBB will also be able to design curb extensions, traffic signals, and striping in such a way that works for both scenarios without compromising pedestrian safety. WEBB has teamed up with Advantec Consulting Engineers (Advantec) to prepare traffic signal timing plans, Advantec will prepare traffic signal timing plans and will recommend proposed traffic signal equipment be consistent with CVAG's Traffic Synchronization Project and linked to the City's Traffic Management Center. Project Team Name Dilesh Sheth, PE/TE Lin McCaffrey, PE Art Guillen, Senior Designer Nick Keller Nicholas Lowe, MS/PE Ingrid Tjahyadi Nancy Velgara Michael Johnson, LLS Sub -Consultants Counts Unlimited Inland Aerial Advantec Experience Expertise 23 yrs. Street, Traffic, Signal, 28 yrs. Street, Drainage 40 yrs. Street, Grading, Maps, Legals 40 yrs. Street, Grading, Maps, Legals 5 yrs. Signing & Striping, Signal, Traffic Control, Traffic Impact Report 13 yrs. Traffic Signal, Signing & Striping, Traffic Control 5 yrs. Signing & Striping, Traffic Control, Traffic Impact Report 29 yrs. Design Survey, ALTA Land Title Survey, Legal Descriptions, Parcel Mergers, Lot Line Adjustments Role Principal In charge Project Manager Street Design QA/QC Street Design Traffic Signal and Signing & Striping, Engineering Study QA/QC Traffic Signal and Signing & Striping Traffic Study Field Survey 1 Counts collections Aerial Topography Signal Timing and Traffic signal Equipment Compliance Scope of Work The scope of services for the project includes pedestrian countdown heads, pedestrian detection, accessible pedestrian signals, leading pedestrian phasing, protected left -turn phasing as necessary, high visibility crosswalk, advanced stop lines, street lighting, and curb bulb -outs with ADA-accessible wheelchair ramps at the following intersections: 1. Indian Canyon Drive (NS) & Tachevah Drive (EW) 2. Indian Canyon Drive (NS) & Tamarisk Road (EW) 3. Indian Canyon Drive (NS) & Alejo Road (EW) 4. Indian Canyon Drive (NS) & Amado Road (EW) 5. Indian Canyon Drive (NS) & Andreas Road (EW) 6. Indian Canyon Drive (NS) & Tahquitz Canyon Way (EW) 7. Indian Canyon Drive (NS) & Arenas Road (EW) 8. Indian Canyon Drive (NS) & Baristo Road (EW) 9. Indian Canyon Drive (NS) & Ramon Road (EW) WEBB will ensure that all improvements have met appropriate warrants. WEBB will also ensure that traffic signals integrate the latest ITS technologies included in CVAG's Regional Signal Synchronization Master Plan, and are linked to the City's Traffic Management Center. WEBB will review and provide recommendations to widen sidewalk, install pedestrian barriers to discourage certain path. WEBB will coordinate with CVAG, City Staff (including maintenance), and City Committees. WEBB will provide an updated insurance certificate required by the current On -Call Engineering services and name CVAG and its member agencies as "also insured" on all liability insurance coverage. WEBB will provide an updated copy of insurance Certificate to the City prior to signing a contract. A. Engineering Study A. Engineering Study a. WEBB will collect the following data at the nine intersections to determine traffic signal and curb extension improvements: AM, midday, PM and Saturday peak hour turning movement counts with pedestrians and bicycles, a total of 8 hours (2 hours per peak). b. WEBB will update accident data (vehicle, pedestrian, bicycle) c. WEBB will review field conditions to determine constraints and opportunities. d. WEBB will perform levels of service, traffic signal timing plans, and engineering analysis including score/criteria to recommend proposed traffic signal and curb extension improvements. The following criteria (and other recommended by the City) will used to determine proposed curb extensions: J� • Pedestrian and bike collision history (and potential) • Vehicle collision history (and potential) • Numbers of pedestrian • Protected of permissive signal phase • Level of service analysis • Turning radius study (truck, fire truck) • Land use around intersection • Costly and/or time consuming physical constraints as determined by City staff (existing improvements, r/w, drainage, utilities) e. WEBB will propose improvements to minimize improvements needed for two-way conversion project. f. WEBB will prepare and submit an engineering study including preliminary cost estimate to the City and CVAG. g. WEBB will meet with the City and CVAG to review findings and recommendations. h. WEBB will field review proposed improvement with the City. i. WEBB will update the engineering study and preliminary engineering based on comments provided by the City and CVAG. j. WEBB will obtain approval on Engineering Study from the City. B. Aerial Field Survey 1. WEBB has already performed aerial and field surveys from Granvia Valmonte to Camino Parocela. WEBB will perform aerial survey on Palm Canyon Drive from 300' north of Tachevah Drive intersection to Garnvia Valmonte Intersection. 2. WEBB will perform field surveys necessary to design the two additional project intersections at Tamarisk Road and Tachevah Drive along the Indian Canyon Drive Corridor. 3. WEBB will perform traffic signal field verification for Tamarisk/Indian Canyon and Tachevah/Indian Canyon intersection under this project and the seven other traffic signal verifications under the Two -Way Conversion Project. C. Utility Investigation 4. WEBB has already obtained as -built plans from utility companies between Granvia Valmonte to Camino Parocela along the Indian Canyon Drive Corridor. WEBB will obtain as -built plans for these two additional intersections. 5. WEBB's Design Engineer will field review all intersections to verify utilities shown on the base survey file. 6. WEBB will prepare and provide a utility log for all correspondence with utility companies. 7. WEBB will prepare and provide a utility matrix (table) for all known impacted utilities. D. Preliminary Engineering 1. Preliminary Design (35%): a. WEBB will prepare Preliminary Street Improvement Plans (35%) for the curb extension. The Preliminary Street Improvement Plans will include removal and demolition of existing improvements, construction of curb & gutter, ADA ramps, cross gutters, sidewalk, and pavement. The preliminary design will show how to accommodate the Two -Way Conversion Project. b. WEBB will prepare Preliminary Traffic Signal Modification Plans (35%) showing proposed traffic signal poles, signal heads, detection zones, striping, and ADA ramps. Traffic signal plans will include pedestrian countdown heads, accessible pedestrian signals (APS), leading pedestrian phases, crosswalk pedestrian detections systems, and protected phase conversions (if feasible). The Preliminary Traffic Signal Modification Plans will also include equipment needed for the Two -Way Conversion project. c. WEBB will prepare Preliminary Signing & Striping Plans (35%) showing high visibility crosswalks, lane lines, turning lanes, pavement markings, and signs. WEBB will design lane lines to accommodate the future Two -Way Conversion Project with minor modifications. 2. Preliminary Cost Estimate: WEBB will prepare a Preliminary Construction Quantity and Cost Estimate breakdown for each intersection. It will be based on the most current cost information for recent similar projects in the area compiled by WEBB and approved by the City. The estimated items of work with quantities shall include, but not be limited to itemizing all removals and relocations, PCC sidewalk, PCC curb and gutter, driveway approaches, ADA ramps, subgrade preparation, cold milling, aggregate base, Asphalt Concrete (AC) paving, water valve lids, relocation of fire hydrants, pavement legends and striping, signs, traffic control measures, raised pavement markers, traffic signal equipment removals and installation, and project identification and completion signs. The estimated items of work with quantities shall be arranged in chronological order of construction and shall contain all the information needed to prepare the Engineer's Estimate of Costs. The Engineer's Estimate shall be prepared and submitted on the City's estimate form. 2. Coordination with City and CVAG: a. WEBB will submit the Preliminary Designs (35%) and Cost Estimate to the City for review. b. WEBB will address the City's comments and prepare a package for submittal to CVAG and the Main Street Palm Springs community organization. c. Based on the preliminary construction cost of the project, WEBB will provide recommendations for the final design scope to fit within the CVAG grant. WEBB will consult with the City and obtain approval on the final project scope of work. d. WEBB will meet with CVAG and Main Street Palm Springs' Staff to review the Preliminary Design. e. WEBB will obtain approval from the City, CVAG, and Main Street Palm Springs to proceed with Final Design. E. Final Plan, Specification, and Cost Estimate (PS&E) WEBB will submit design drawings with each submittal for review by the City, along with the previous red -lined check prints. The design drawings will be as complete, accurate, and error - free as possible before plan checking is considered in order to reduce the number of plan checks required, and therefore reducing related costs to the City and consultant. Submittals shall be 65%, 90%, and final. 1. Street Improvement Plans: WEBB will prepare Street Improvement Plans for nine project intersections. Street Improvement Plans will be at 1"=20' scale for plan view and 1"=4' for profile view using current CA-MUTCD, Caltrans Standard Plans, and City of Palm Springs standards and requirements. Street Improvement Plans will include removal of existing curb & gutter, sidewalk, ramps, and other obstructions and features as needed. Street Improvement Plans will show adjustment or relocation of existing utilities or features as needed. Street Improvement Plans will include construction of curb, gutter, sidewalk, ADA ramps, and cross gutters as needed. Curb & gutter will be designed per City standards. Design adjacent asphalt will be designed to match existing street grade and section. ADA ramps will be designed per City, Caltrans, and ADA standards. WEBB will design new ramps as necessary for ADA compliance. Street Improvement Plans will identify trees, landscaping, grass areas, ornamental items, and sprinklers within the proposed improvement areas to be protected in place, removed, and/or relocated. WEBB will submit Street Improvement Plans to the City for review and comment. WEBB will revise Street Improvement Plans per comments and submit final Mylar plans for approval. WEBB will obtain Street Improvement Plan approval from the City. 2. Traffic Signal Modification Plans: a. WEBB will prepare Traffic Signal Modification Plans for nine project intersections. b. Traffic Signal Modification Plans will be at V=20' scale using current CA-MUTCD, Caltrans Standard Plans, City of Palm Springs standards and requirements, and input from City staff. n �, a. Traffic Signal Modification Plans will include pedestrian countdown heads, accessible pedestrian signal (APS), crosswalk pedestrian detection systems, leading pedestrian phases, and protected phase conversions (if feasible). In addition, traffic signal modification plans will address bicycle detection and overall traffic signal operation. c. Traffic Signal Modification Plans will accommodate traffic signal pole and mast arm (with additional tenons) length and installation of conduits, conductors, pull boxes, and equipment to accommodate both the Safety Project and Two -Way Conversion Project. d. Traffic Signal Modification Plans will include signal interconnects along the corridor. e. WEBB will submit Traffic Signal Modification Plans to the City for review and comment. WEBB will revise Traffic Signal Modification Plans per comments and submit final Mylar plans for approval. f. WEBB will obtain Traffic Signal Modification Plans approval from the City. 3. Signing & Striping Improvement Plans: a. WEBB will prepare Signing & Striping Plans for the Indian Canyon Drive Corridor from 300-FT north of Tachevah Drive to 300-FT south of Ramon Road. The Signing & Striping Plans will include west approaches of intersections to Palm Canyon Drive and east approaches to a minimum of 150-FT. b. Signing & Striping Plans will show existing and proposed street striping, pavement markers, street legends, street markings, arrows, all -way crosswalks, high visibility crosswalks, bike lanes, and signage that may exist or be required to complete the project. c. Signing & Striping Plans will be at 1"=20' scale using current CA-MUTCD, Caltrans Standard Plans, City of Palm Springs standards and requirements, and input from City Staff. d. WEBB will submit Signing & Striping Plans to the Cityfor review and comment. WEBB will revise Signing & Striping Plans per comments and submit final Mylar plans for approval. e. WEBB will obtain Signing & Striping Plan approval from City. F. Traffic Signal Timing Sheets ADVANTEC will prepare a new traffic -actuated timing plans that incorporate the new signal phasing and crosswalks installed at each of the 9 project intersections located on Indian Canyon Drive. The traffic signal timing chart will be for a Model 170 or 2070 controller with the McCain 233 program (or other program) that will be in use at the project intersection. A blank timing chart provided by McCain Traffic will be filled in with the applicable parameters and settings required to fully operate the signal. 2. Current traffic engineering practices will be used to establish minimum and maximum green times, yellow, and all -red phase timings. Detector assignments and timing operation will also be programmed. G. Consistency with CVAG's Regional Traffic Synchronization Project 1. WEBB will ensure that proposed traffic signal equipment is consistent with the CVAG's Regional Traffic Synchronization Project. 2. WEBB will ensure that project intersections are linked to the City's Traffic Management Center. H. New Traffic Signal Technology Recommendations 1. WEBB will investigate reliability, compatibility, cost, maintenance cost of new traffic signal technology equipment. 2. WEBB will contract other agencies that are using new technology and get a feedback. 3. WEBB will request vendors to provide demonstrations to the City. I. Utility Coordination 1. WEBB will submit proposed improvement plans to utility companies. 2. WEBB will provide coordination with utility companies regarding potential relocations and removals. J. Specifications and Cost Estimate a. WEBB will prepare Specifications and Technical Provisions in Microsoft Word format. WEBB will compile the Project Specifications including the project specific scope of work in the Technical Specifications and provide special Technical Provisions beyond the City's standard Technical Provisions. The Specifications shall be signed by a WEBB Civil Engineer registered in the state of California that is complete and ready for bidding purposes and awarding contracts for construction of the improvements. The latest edition of the Green Book (Standard Specifications for Public Works Construction and subsequent amendments) will be used on the project, except for striping and traffic signs. The technical portion of the Caltrans Standard specifications will be used for the striping and traffic signs. b. WEBB's Final Construction Cost Estimate shall be based upon, and in agreement with, the final items of work with estimated quantities. Computations showing estimated quantities and costs for each location of work, as well as the sum totals for each intersection and total project will be submitted to the City for review along with a set of plans showing items of work with quantities on each sheet. K. Project Meetings a. WEBB will meet with City to review plans and plan check comments. b. WEBB will provide monthly project updates. c. WEBB will meet with City Maintenance Staff and City Committees on as needed basis. L. Provide Bid Support Services a. WEBB will review and prepare responses to RFIs as needed and assist the City with preparation of addendums. M. Construction Support Services: a. WEBB will provide construction support services through project completion. b. WEBB will review and prepare responses to RFIs as needed. c. WEBB will provide as needed `on -call' construction support in response to the City's request during the construction phase. N. As -Built Plans a. WEBB will prepare As -Built Plans per City's requirements. O. Creation of Project Funding Sign a. WEBB will work with CVAG and the City to create the funding sign for all projects. SECTION "B" PROJECT SCHEDULE CP1748 Padestrian 6a1e1y Enhancements at Sgnall fntarsecllons liken, Downtown Indian Canyon Dr. Commissar Project ID O T."Wnn Died— surf harm PradeCeSNle '1 Ceaun,I hilenriier1-De,.reWrI January1 FeDLary1 varen1 Ap,tlI Mayt June JulyI GuJiu91--sereinte,t, Can., Notice To Proceed 1 day Wed 30/4/17 Wed 1014117 K4 Me IW2 ITS 1119 I213 1Z171N1 1114 1W b11 2R5 3cl &25 418 422 Be 5,20 613 6,117 Ill 7115 7Z &12 626 Be, 9,23 ID17 t -i 2 we Project Kick -Off Meeting 1 day Mon 10/9/17 Mon 10/9/171FSQ days j 3 Engineering Study 70 days Mon 1019/17 Fri 1/12/18 Research, Investigation &Review Existing Conditions 30 days Mon 10/9/17 Fri 30/20/171F5@ days •4 yy —T 5 Collect Traffic and Pedestrian (hunts 10 days Mon 10/23/17 Fri 1113/174 6 Traffic Analys15, and Warrant Analysis 10 days Mon 11/6/17 Fri ll/17/175 uuiva ] Prepare Engineering Study 15 days Mon 11/70/17 Fri 17/9/176 * . Issal e City and CVAG Review of EngineeringStudy 10 days Mon 12/11/17 Fr 12/22/177 ° Revise Engineering Study 5 days Mon 12/25/17 Fr l 12/29/178 1° City and CVAG Approval of Engineering Study 30 days Mon 111/18 Fri 1/12/189 y 0M 11 Aerial and FRdd Survey 45 days Mon 1019/17 Fri 12/8/17 12 Gy Research Maps and Records 15 days Mon 10/9117 Fri 10/27/171 FSe2 days 13 Field Survey 30 days Mon 10/30/17 Fri 12/8/1712 14 xt Aerial Survey 30 days Mon 10/16/17 Fri 11/241171rSe2 days 15 Utilitieslnvestigall 45 days Tue 10/10/17 Mon 12/11/17 16 Request as -built plans 15 days Tue 10/10/17 Mon 10/30/172 17 7t3 Obtain Maps and Create Log and Matrix 30 days Tue 10/31/17 Mon 12/11/1716 1a Preliminary Design 65 days Mon 1/15/18 Fri 4113/19 - 19 3 Prepare Prelunmary Design(35%) and Cost Estimate 25 days Mon 1/15/18 Fri 2/16/186,13,17,8,10,7 City Review of 35% Drawings and Cost Estimate 10days Mom2119118 Fri3/2/1819 T..r♦, `I `r WEBB to Update 35% Plans and Cost Estimate 10 days Mon 3/5/18 Fri 3/16/1820 WY WEBB to meet with CVAG Staff& Main Street Palm Springs 10 days Mon 3/19/18 Fri 3/30/1821 e3 Coordination with the City and Obtain Notice to Proceed with Final D 10 days Mon 4/2/18 Fri 4/13/1822 Sltr 24 Final Plans, Speci/ication, and Cost Estimate (PS&E) 90 days Mon 4/16/18 Fri 8/17/18 zs 'g Improvement Plans(65%) 30 days Mon 4/16/18 Fri 5/25/1823 n Prepare Cost Estimate 30 days Mon 4/16/18 Fri S/25/1823 31 City Review 10 days Mon 5/28/18 Fri 6/8/1825,26 - 38 Review Proposed Design with Main Street Palm Springs 15 days Mon 5/28/18 Fri 6/15/18 25,26 - 2a sr3 Utility Coordination 45 days Mon 4/16/18 Fri 6/15/1823 IN 11u all luxi 11i11i11i11i111 11 an Improvement Plans(90%) 20 days Mon 6/18/18 Fri 7/13/1827,29.28 31 Prepare Final Cost Estimate and Technical Specs 20 days Mon 6/18/18 Fri 7/13/1827,29.28 32 Traffic Signal Timing Sheets 10 days Mon 7/16/18 Fri 7/27/1827,29,28 33 a, City Review 10 days Mon 7/16/18 Fri 7127/18 svlla 3° i"�' Review Proposed Design with Main Street Palm Springs 10 days Mon 7/16/18 Fri 7/27/18 GiNg, 35 TS Utility Coordination 30 days Mon 6118/18 Fri 7/27/1827,28 36 '.A Imumnume tit Plan,(Mylafs) 10 days Mon 7/30/18 Fri 8/10/1833,34 31 Tj Update Final Cost Estimate and Technical Specs 10 days Mon 7/30/18 Fri 8/10/M 33,34 --fllj1j1ggipip 36 '^ City Approval Sdays Mon 8113/18 Fri 8/17/1836,37 'ri Review Proposed Design with Main Sheet Palm Spnngs 5 days Mon 8/13/18 Fri 8/17/1836,37 40 T. Utility Coordination 15 days Mon 7/30/18 Fr. 8/17/1835 Tt®i 41 Bid Packet and Support Services (All Projects) 56 days Mon 7/30/18 Mon 10/15/18 - 4= -5 Prepare Bid Packet 5 days Mon 7130118 Fr, 8/3/1833 To 43 '6 City to Take it to Council for Advertisement 10 days Mon 8/6/18 Fri 8/17/1842 44 3 City to Advertise the Project 1 day Mon 8/20/18 Mon 8/20/1843,38 Bid Support Services and Open Bids 20 days Tue 8/21/19 Mon 9/17/1844 48 "l Select Lowest Responsible Bidder 5days Tue 9/18/18 Mon 9/24/1845 47 SD Start Construction 15 days Tue 9/25/19 Mon 10/15/1846 TasA Burman, ^1 E#ernnl Mikslone e, Inatlne 5unma,r Manuel summary Rorup FmiaM1Only llAoisoaicn Plalevt 6cM6ule Dalet. ✓rU Selil .......,.,.... sell Suremar, a Beane, TaN. Manual T.. e,e9'ess Milestone ♦ Ette11W Tads inai Mlkatans ouauonanN 1nds,c' E neallan a Gape I r 7 CO Section "Crr CP 17-08 - Pedestrian Safety Enhancements at Signalized Intersections along Downtown Indian Canyon Corridor Project Budget Ai He 14T % 1♦EBll A c e 0 C� A T C4 r_ Task Description CILo •vC` dO C 0) N 4) Z pi M an r a a N a e �a t- Task Group A - Enalneerina Studv 1 - Engineering Study 2 6 16 4 28 $ Task Group_ATotal Task Groun B - Aerial and Field Survev, Aerial and Field Survey 2 8 8 8 4 _ 30 $ Task Group B Total i Task Grouo_C - Utility Investigation Utility Investigation 2 8 8 18 $ _ _ _ _ _ _ _ Task Group C Total Task Group D - Preliminary Engineerinq 1. Preliminary Design (35%) 4 120 60 4 188 $ 2 Preliminary Cost Estimate 4 8 8 4 24 $ 3 Coordination with City and CVAG 4 _ 4 $ Task Group D Total Task Grppo E - Final Plan. Specification. & Cost Estimate !PS&EI 1. Street Improvement Plans 4 12 360 8 384 $ 2 Traffic Signal Modification Plans 4 8 240 8 260 $ 3 Signing & Striping Improvement Plans 4 80 4 68 $ Task Group E Total Task Group F - Traffic Signal Timing Shegj$, Traffic Signal Timing Sheets 4 4 8 $ Task Group F Total Task Grout) G - Consistencv with CVAG's Reoional Traffic Svnchronization Protect Consistency with CVAG Regional Traffic Synchronization 2 4 6 $ Task Group G Total Task Group H - New Traffic Signal Technoloov Recommnedations New Traffic Signal Technology Recommnedations 2 4 _ 6 $ Task Group H Total Task Group I - Utility Coordination Utility Coordination - a 8 16 $ Task Group I Total Task Group J - Specifications and Cost Estimate Specification and Cost Estimate 2 6 8 8 24 $ Task Group JTotal _ Task Group K - Project Meetinas Project Meetings 6 _ 6 4 16 $ Task Group K Total _ invs',12783 C1177-08 Safety F:nhanwnient Ind an Canvo i, FINAL 111NIS S 1BMI ITLM012783 Bud= oiniatc C 111 -08 r C Di r ;4 a � � N d u C 0 C A .0 0 .10. 0 rn�a 3,830 $ 7,740 $ 11,570 $ 1t,S70 4,700 $ 3,800 $ 8,500 $ 8,600 2,500 $ 2,500 $ 2,600 27,980 $ 27,980 3,520 $ 3,520 920 $ 920 $ 32,420 63,380 $ 63,380 30,800 $ 30,800 10,480 $ 10,480 _: $ 104,660 1,380 $ 5,170 $ 6,550 $ 6,560 850 $ 2,400 $ 3,250 $ 3,260 850 $ 2,400 $ 3.250 $ 3.2660 2,280 $ 2,280 3,270 i I $ 3,270 --- . $ - _ - -3,270 2,910 $ 780 $ 3,690 $ 3,660 Section "C" �_ L n P I A WEBB A 5 5 0 G A T C 5 CP 17-08 -Pedestrian Safety Enhancements at Signalized Intersections along Downtown Indian Canyon Corridor Project Budget E c ti — — - p Task Description _ � = m d o v c c c CL _ p N U � m N ° `o o M 3 i0 cC 'i 0a1 ZN a 'p O lC N O d Ol Cn N Q N Q 7 CM U) N Q O a U O t— d Bid Support Services 2 4 4 4 14 $ 2,060 $ 2,060 Task Group L Total I $ 2,060 Task Group M - Construction Support Services _ Construction Support Services 12 24 24 4 64 $ 10,560 $ 10.560 Tasty Group K Total _ $ 10,560 Task Group N - As -Built Plans As -Built Plans 2 8 8 2 20 $ 2,880 $ 2,880 Task Group N Total $ 2,880 Task Group O - Creation of Protect Funding Sion Creation of Protect Fudning Sign 4 8 2 14 $ 2,020 : $ 2,020 Task Group 0Total $ 2,020 Task Group P - Reimbursable Reimbursement Expenses - $ - $ 500 $ 500 Task Group P Total _ $ 500 i 0ta 62 78 604 _ a 8 476 76 1,212 $ 177,170.00 $ 22,790.00 $ 199,960.00 Cumulative Effort to complete 35% $ 56,038 $ 56,038 Effort to complete 65% $ 78,367 $ 134,405 Effort to complete 95% S 40,405 $ 174,810 Effort to complete 100% $ 25,151 $ 199,960 C7 C.\Proposals\FORM.AI, PROPOSALS\City of Palm Sprigs\I2783 CP17-08 Safety Enhancement Indian Canyonl_FINAL ITEMS SUBMITTED\012783Budget 6sumate CP17-08 LO A L B E R T A. '` YA 0 I '03 j FEE SCHEDULE A S S O C I A T E S CLASSIFICATION Rates $/Hour Engineers/Project Managers/Planners/Scientist/ Assessment/Special Tax Specialists/Landscape Architects/Designers PrincipalII............................................................................................................ 230.00 PrincipalI............................................................................................................. 210.00 SeniorIII.............................................................................................................. 195.00 SeniorII.............................................................................................................. 185.00 SeniorI............................................................................................................... 175.00 AssociateIII......................................................................................................... 165.00 AssociateII......................................................................................................... 150.00 AssociateI.......................................................................................................... 140.00 AssistantV.......................................................................................................... 125.00 AssistantIV......................................................................................................... 115.00 AssistantIII.......................................................................................................... 100.00 AssistantII.......................................................................................................... 85.00 AssistantI........................................................................................................... 70.00 Survey Services 2-Person Survey Party........................................................................................ 220.00 1-Person Survey Party........................................................................................ 160.00 Inspection Services Inspector (Non -Prevailing Wage)........................................................................ 110.00 *Inspector (Prevailing Wage).............................................................................. 120.00 Administrative Services Project Coordinator............................................................................................ 90.00 Administrative Assistant III................................................................................. 80.00 Administrative Assistant II.................................................................................. 70.00 Administrative Assistant I.................................................................................. 55.00 Other Direct Expenses IncidentalCharges............................................................................................... Postage and Telephone...................................................................................... In -House Prints, Copies and Delivery.................................................................. Travel & Subsistence.......................................................................................... SpecialConsultant............................................................................................... Subcontracted Services....................................................................................... Inspection/Survey Per Diem.............................................................................. Survey/Inspector Vehicle................................................................................... Mileage............................................................................................................... *Prevailing wage inspection rate is subject to increase based on State prevailing wage. NOTE: All rates are subject to change based on annual inflation and cost of living adjustments. Cost Cost Cost Cost 310.00 Cost + 15% 100.00 .81 per mile .72 per mile A FINANCE CHARGE of one and one half percent (1-12o'a) per month (1806 pet year) will be added to any unpaid amount commencing thirty 00) days from date of invoice A mccharr& lien may be filed for any invoice remaining unpaid after thirty (30) days from date of invoice. 7 ico A L B E R T A. Ilk It♦ ! i A S S O C I A T E S Corporate Headquarters 3788 McCray Street Riverside, CA 92506 951,686.1070 Palm Desert Office 41-990 Cook St., Bldg. I - #801 B Palm Desert, CA 92211 951 686.1070 Murrieta Office 41391 KalmiaStreet #320 Murrieta, CA 92562 951.686.1070 September 7, 2017 Mr. Savat Khamphou, PE City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA, 92262-2743 RE: Proposal to Provide Engineering Services for CP17-09 Pedestrian Safety Improvements along South and East Palm Canyon Drive Corridor Dear Savat: Albert A. Webb Associates (WEBB) is pleased to submit this proposal to provide Engineering Services for CP17-09 Pedestrian Safety Improvements along South and East Palm Canyon Drive Corridor. Exhibit A contains our project understanding and proposed scope of work and Exhibit B contains our tentative project schedule. Exhibit C contains a summary of our fee proposal for services described in Exhibit A. We received Amendment #1 issued on August 31, 2017. We appreciate the opportunity to be of service and look forward to hearing from you. In the meantime, if you have any questions or require additional information, please call me at (951) 686-1070. Sincerely, Albert A. Webb Associates r Dilesh R. Sheth, P.E. T.E. Vice President Attachments: Section "A" — Scope of Work Section "B" — Schedule Section "C — Compensation Fee Schedule yu www.webbaswiates.com 101 Section "A" — Project Understanding and Scope of Work Project Understanding The proposed project is in the southern area of the City of Palm Springs, the South Palm Canyon Drive corridor from Sonora Road through the curve where South Palm Canyon Drive becomes East Palm Canyon Drive and ending at South Sunrise Way. The corridor is a regionally important intersection based on the City of Palm Springs General Plan as well as the CVAG Transportation Project Prioritization Study (TPPS) and Active Transportation Plan (ATP). The corridor is surrounded by a mix of residential and commercial, particularly tourist and hotel establishments. Therefore there is potentially a high number of pedestrians in the project area. However, the corridor only has a handful of locations where pedestrians can cross safely. Along this corridor, there are 2 pedestrian fatal collision, 2 pedestrian severe injury collision, 2 bicycle visible injury collision, 1 bicycle complain of pain collision, and 1 pedestrian complain of pain injury collision recorded between January 2014 and February 2017. The high speed nature of the corridor presents itself as a danger to both pedestrians and bicyclists. The curve between South Palm Canyon Drive and East Palm Canyon Drive also serves as a potential danger for pedestrians and automobiles as there is limited visibility with curves. Therefore, the City is proposing 2 traffic signals, a pedestrian refugefraised median, and a signalized pedestrian crossing. These improvements have been proposed to protect the pedestrians and bicyclists in the area and prevent bicyclists and pedestrian collisions in the future. In June, the CVAG Executive Committee approved the top ten projects recommended for funding consistent with the Bicycle and Safety Program for 2017. The City of Palm Springs' Pedestrian Safety Improvements along South and East Palm Canyon Drive Corridor Project (Project), CP17- 09, was one of the top projects recommended for the funding. The CVAG reimbursement agreement contains a "Time Trigger" stipulation the project begin within one year of execution. WEBB has assisted the City in preparation of the funding application and understands the project requirements, and CVAG's and the City's expectations with this project. WEBB will be able to hit the ground running. The Project includes improvements along South Palm Canyon Drive from Sonora Road through the curve where South Palm Canyon Drive becomes East Palm Canyon Drive and ending at South Sunrise Way, and includes improvements to protect pedestrians and bicyclists in the area and to prevent future pedestrian and bicycle -involved collisions. The Project will focus on four Project Areas: Focus Area #1: The segment of S. Palm Canyon Drive between E. Sonora Road and Avenida Palmera Focus Area #2: The segment of S. Palm Canyon Drive from Avenida Olancha to E. Palm Canyon Drive and E. Palm Canyon Drive from S. Palm Canyon Drive to Via Salida Focus Area #3: The intersection of Deep Well Road (NS) / E. Palm Canyon Drive (EW) Focus Area #4: The intersection of S. Sagebrush Road (NS) / E Palm Canyon Drive (EW) WEBB will prepare traffic signal timing plans and will recommend proposed traffic signal equipment be consistent with CVAG's Traffic Synchronization Project and linked to the City's Traffic Management Center. Project Team Name Experience Expertise Role Dilesh Sheth, PE/TE 23 yrs. Street, Traffic, Signal, Principal In -Charge Lin McCaffrey, PE 28 yrs. Street, Drainage Project Manager, Ramez Soliman 15 yrs. Street, Grading, Maps, Legals Street Design Balraj More 2 yrs. Traffic Study Traffic Study Nicholas Lowe, MS/PE 5 yrs. Signing & Striping, Signal, Traffic Study, Traffic Traffic Control, Traffic Impact Signal and Signing & Report Striping Michael Johnson, LLS 29 yrs. Design Survey, ALTA Land Field Survey Title Survey, Legal Descriptions, Parcel Mergers, Lot Line Adjustments Sub -Consultants Counts Unlimited Counts collections Inland Aerial ( Aerial Topography Advantec Signal Timing and I Traffic signal Equipment Compliance 103 Scope of Work The Scope of Services for this project includes improvements along the South Palm Canyon Drive Corridor from Mesquite Avenue through the curve where South Palm Canyon Drive becomes East Palm Canyon Drive and ending at South Sunrise Way. Focus Area #1: South Palm Canyon Drive between Sonora Road and Avenida Plamera; • Signalized pedestrian crossing with overhead flashing beacon or hybrid/HAWK signal (2) • Pedestrian refuge island/raised median along S Palm Canyon Drive (20') • High -visibility crosswalk (Continental pattern) across S Palm Canyon Drive (1) • Curb extensions (bulb -outs) for east and west sides of the crosswalk (2) • Crosswalk lighting (2) • Advanced yield lines and warning signage (2) • ADA accessible wheelchair ramps (2) Focus Area #2: South Palm Canyon Drive from Avenida Olancha to East Palm Canyon Drive, and East Palm Canyon Drive from South Palm Canyon Drive to East Via Salida: • Review and propose alternate solutions for City to consider and approve prior to design of raised median island • Pedestrian refuge island/raised median along S Palm Canyon Drive (1010') Focus Area #3: Intersection of Deep Well Road and East Palm Canyon Drive • New traffic signal with lighting (1) • High -visibility crosswalk (Continental pattern) for the north, east and west legs (3) • Pedestrian refuge island/raised median along E Palm Canyon Drive (20') • Advanced stop lines (4) • Curb extensions (bulb -outs) for north leg (2) • ADA accessible wheelchair ramps (3) Focus Area #4: Intersection of Sagebrush Road and East Palm Canyon Drive • New traffic signal with lighting (1) • High -visibility crosswalk (Continental pattern) for the north, east and west legs (3) • Pedestrian refuge island/raised median along E Palm Canyon Drive (20') • Advanced stop lines (3) • ADA accessible wheelchair ramp (1) ITS components • Provide 3" conduit w/144 SMFO cable • Link to existing traffic signals • Integrate latest ITS technologies per CVAG Signal Synchronization WEBB will ensure that all improvements have met appropriate warrants. WEBB will also ensure that traffic signals integrate the latest ITS technologies included in CVAG's Regional Signal Synchronization Master Plan, and are linked to the City's Traffic Management Center. l�C WEBB will review and provide recommendations to widen sidewalk, install pedestrian barriers to discourage certain path. WEBB will coordinate with CVAG, City Staff (including maintenance), and City Committees. WEBB will provide an updated insurance certificate required by the current On -Call Engineering services and name CVAG and its member agencies as "also insured" on all liability insurance coverage. WEBB will provide an updated copy of insurance Certificate to the City prior to signing a contract. A. Crosswalk and Traffic Signal Warrant Analysis 1. Crosswalk Warrant Analysis (Focus Area #1): a. WEBB's sub -consultant, Counts Unlimited, will collect 12-hour (7:00 AM to 7:00 PM) vehicle and pedestrian counts at the South Palm Canyon/Sonora Road and South Palm Canyon/Avenida Palmera intersections. Counts Unlimited will install pneumatic tubes to collect 24-hour counts and speed survey on South Palm Canyon between Sonora Road and Avenida Palmera. b. WEBB will review and analyze collision data for two intersections and roadway segment. c. WEBB will perform a pedestrian crossing analysis per California MUTCD and FHWA guidelines. d. WEBB will prepare a recommendation memorandum. 2. Median Analysis (Focus Area #2): e. WEBB's sub -consultant, Counts Unlimited, will collect 12-hour (7:00 AM to 7:00 PM) vehicle and pedestrian counts between segment of South Palm Canyon Drive from Avenida Olancha to East Palm Canyon Drive and East Palm Canyon Drive from South Palm Canyon Drive to Via Salida. Counts Unlimited will install pneumatic tubes to collect 24-hour counts and speed survey on South Palm Canyon Drive and East Palm Canyon Drive. f. WEBB will review and analyze collision data for this roadway segment. g. WEBB will perform a pedestrian crossing analysis per California MUTCD and FHWA guidelines. h. WEBB will prepare a recommendation memorandum. The recommendation memorandum will include raised median and other alternate safety countermeasure for the City to consider. 3. Traffic Signal Warrant Analysis (Focus Area # 3 and #4): a. WEBB's sub -consultant, Counts Unlimited, will collect 12-hour (7:00 AM to 7:00 PM) vehicle and pedestrian counts at the East Palm Canyon/Deep Well Road and East Palm Canyon/Sagebrush Road intersections. Counts Unlimited will install pneumatic tubes to 105 collect 24-hour counts and speed survey on East Palm Canyon between Deep Well Road and Sagebrush Road. b. WEBB will review and analyze collision data for two intersections and roadway segment. c. WEBB will perform traffic signal warrant analysis per California MUTCD. d. WEBB will prepare a recommendation memorandum. 4. Coordination with the City and CVAG: a. WEBB will submit Crosswalk and Traffic Signal Memorandums for City's review. b. WEBB will revise Crosswalk and Traffic Signal Memorandums per City's comments. c. WEBB will submit Crosswalk and Traffic Signal Memorandums to City and CVAG for approval. d. WEBB will coordinate with CVAG for proposed improvements. B. Aerial and Field Survey 1. Focus Area #1 — WEBB will perform aerial survey on South Palm Canyon Drive 300' north of Sonora Road to 300' south of Avenida Plamera. WEBB will perform field survey necessary for the South Palm Canyon Drive Pedestrian Crossing. The field survey will cover 300-FT north and south of the intersection and 150-FT east of the intersection. If the mid -block crosswalk is recommended, the field survey will cover a total of 500-FT along the roadway segment. 2. Focus Area #2 - WEBB will perform aerial and field surveys as necessary for South Palm Canyon Drive from Avenida Olancha to East Palm Canyon Drive and for East Palm Canyon Drive from South Palm Canyon Drive to Via Salida. 3. Focus Area #3 and # 4 - WEBB will perform aerial and field surveys as necessary East Palm Canyon/ Deep Well Road and East Palm Canyon Drive/Sagebrush Road 500-FT to the east and west of the intersections and 150-FT north of the intersection. 4. Topography will include, but not be limited to all features within the existing right-of-way and 20-FT beyond or further if necessary. 5. Ground field survey will include curb & gutter, sidewalk, ramps, cross gutter, pavement, median island, driveways, bus stops, entrances, utilities, sewer manholes, fire hydrant, signs, signing & striping, power poles, street lights, block walls, landscaping, and trees within street improvement areas. C. Utility Investigation 1. WEBB will obtain as -built plans from utility companies. 2. WEBB's Design Engineer will field review all intersections to verify utilities shown on the base survey file. 3. WEBB will create and provide a utility log for all correspondence with utility companies. 4. WEBB will create and provide a utility matrix (table) for all known impacted utilities D. Preliminary Engineering 1. Preliminary Design (35%): a. WEBB will prepare Preliminary Street Improvement Plans (35%) for the curb extension, raised median, and pedestrian refuge island. The Preliminary Street Improvement Plans will include removal and demolition of existing improvements, construction of median, curb, curb & gutter, ADA ramps, cross gutter, sidewalk, and pavement. b. WEBB will prepare a Preliminary Pedestrian Signal (or HAWK Signal) and Traffic Signal Plans (35%) showing proposed traffic signal poles, signal heads, detection zones, striping, and ADA ramps. Traffic Signal Plans will include pedestrian countdown heads, accessible pedestrian signals (APS), leading pedestrian phases, crosswalk pedestrian detection systems, and protected phase conversions (if feasible). c. WEBB will prepare Preliminary Signing & Striping Plans showing proposed pedestrian signal (location as approved by the City), raised median, and traffic signal. The Preliminary Signing & Striping Plans will incorporate high visibility crosswalks, lane lines, turning lanes, pavement markings, and signs. 2. Preliminary Cost Estimate: WEBB will prepare a Preliminary Construction Quantity and Cost Estimate breakdown for each intersection. It will be based upon the most current cost information for recent similar projects in the area compiled by WEBB and approved by the City. The estimated items of work with quantities shall include, but not be limited to, itemizing all removals, relocations, PCC sidewalk, PCC curb & gutter, driveway approaches, ADA ramps, subgrade preparation, cold milling, aggregate base, Asphalt Concrete (AC) paving, water valve lids, relocation of fire hydrants, pavement legends & striping, signs, traffic control, raised pavement markers, traffic signal equipment installation, and project identification and completion signs. The estimated items of work with quantities shall be arranged in chronological order of construction and shall contain all the information needed to prepare the Engineer's Estimate of Costs. The Engineer's Estimate will be prepared and submitted to the City. 3. Coordination with City and CVAG: a. WEBB will submit Preliminary Design Plans (35%) and Engineer's Estimate to the City for review. b. WEBB will address the City's comments and prepare a package for submittal to CVAG. c. WEBB will meet with CVAG's staff to review Preliminary Design Plans. d. WEBB will obtain approval from City and CVAG for proceed with final design. E. Final Plan, Specification, and Cost Estimate (PS&E) WEBB will submit design drawings with each submittal for review and comments by the City, along with the previous red lined check prints. The design drawings will be as complete, accurate, and error -free as possible before plan checking is considered, in order to reduce the number of plan checks required and related costs to the City and consultant. Submittals shall be 65%, 90%, and final. 1. Street Improvement Plans: a. WEBB will prepare Street Improvement Plans for pedestrian signal, raised median, and traffic signal projects. b. Street Improvement Plans shall be at 1"=20' scale for plan view and 1"=4' for profile view using current CA-MUTCD, Caltrans Standard Plans, and City of Palm Springs standards and requirements. c. Street Improvement Plans will include removal of existing curb & gutter, sidewalk, ramps, and other obstructions and features as needed. d. Street Improvement Plans will show the adjustment or relocation of existing utilities or features as needed. e. Street Improvement Plans will include construction of median curb, curb, gutter, sidewalk, ADA ramps, and cross gutters as needed. f. Curb & gutter will be designed per City standards. Design of adjacent asphalt will match existing street grade and section. g. ADA ramps will be designed per City, Caltrans, and ADA standards. WEBB will design new ramps as necessary for ADA compliance. h. Street Improvement Plans will identify trees, landscaping, grass areas, ornamental items, and sprinklers within he proposed improvement areas to be protected in place, removed, and/or relocated. i. WEBB will submit Street Improvement Plans to the City for review and comment. WEBB will revise Street Improvement Plans per comments and submit final mylar plans for approval. j. WEBB will obtain Street Improvement Plan approval from City. 2. Pedestrian Crossing Signal Improvement Plans: a. WEBB will prepare Pedestrian Signal or HAWK Signal Improvement Plans for the Focus Area #1. b. Pedestrian Signal Improvement Plans will be at 1"=20' scale using current CA-MUTCD, Caltrans Standard Plans, City of Palm Springs standards and requirements, and input from City staff. c. Pedestrian Signal Improvement Plans will include pedestrian countdown heads, accessible pedestrian signals (APS), and crosswalk pedestrian detection systems. d. WEBB will submit Pedestrian Signal Improvement Plans to the City for review and comment. WEBB will revise Pedestrian Signal Improvement Plans per comments and submit final Mylar plans for approval. e. WEBB will obtain Pedestrian Signal Improvement Plan approval from the City. 3. Traffic Signal Improvement Plans: a. WEBB will prepare Traffic Signal Improvement Plans for the East Palm Canyon/ Deep Well Road and East Palm Canyon Drive/Sagebrush Road intersections. b. Traffic Signal Improvement Plans will be at 1"=20' scale using current CA-MUTCD, Caltrans Standard Plans, City of Palm Springs standards and requirements, and input from City Staff. c. Traffic Signal Improvement Plans will include pedestrian countdown heads, accessible pedestrian signals (APS), crosswalk pedestrian detection systems, leading pedestrian phases, and protected phases. d. Traffic Signal Improvement Plans will include signal interconnect to the adjacent traffic signals. e. WEBB will submit Traffic Signal Improvement Plans to the City for review and comment. WEBB will revise Traffic Signal Improvement Plans per comments and submit final Mylar plans for approval. f. WEBB will obtain Traffic Signal Improvement Plan approval from City. 4. Signing & Striping Improvement Plans: a. WEBB will prepare Signing & Striping Improvement Plans for Focus Areas #1, #2, #3, and #4. b. Signing & Striping Improvement Plans will show existing and proposed street striping, pavement markers, street legends, street markings, arrows, all -way crosswalks, high visibility crosswalks, bike lanes, and signage that may exist or be required to complete the project. c. Signing & Striping Improvement Plans will be at 1"=20' scale using current CA-MUTCD, Caltrans Standard Plans, City of Palm Springs standards and requirements, and input from City Staff. d. WEBB will submit the Signing & Striping Improvement Plans to the City for review and comment. WEBB will revise Signing & Striping Improvement Plans per comments and submit final Mylar plans for approval. e. WEBB will obtain Signing & Striping Improvement Plan approval from the City. F. Traffic Signal Timing Sheets Focus Areas #3 and #4 - Advantec will prepare a Traffic Signal Timing Sheets based on existing volumes and MUTCD standard yellow, all -red, and crosswalk timings. 109 G. Consistency with CVAG's Regional Traffic Synchronization Project 1. WEBB will ensure that proposed traffic signal equipment is consistent with the CVAG's Regional Traffic Synchronization Project. 2. WEBB will ensure that project intersections are linked to the City's Traffic Management Center. H. Utility Coordination 3. WEBB will submit proposed improvement plans to utility companies. 4. WEBB will provide coordination with utility companies regarding potential relocations and removals. 5. WEBB will work with SCE to establish location of new electrical service meter for Focus Areas #1, #3, and #4. 6. WEBB will provide coordination with SCE for required electrical service for the traffic signal and safety lighting. WEBB will provide coordination with SCE until an invoice from SCE to the City is generated. I. Specifications and Cost Estimate 1. WEBB will prepare Specifications and Technical Provisions in Microsoft Word format. WEBB will compile the Project Specifications including the project specific scope of work in the Technical Specifications and provide special Technical Provisions beyond the City's standard Technical Provisions. The Specifications shall be signed by a WEBB Civil Engineer registered in the state of California that is complete and ready for bidding purposes and awarding contracts for construction for the improvements. The latest edition of the Green book (Standard Specifications for Public Works Construction and subsequent amendments) will be used on the Project, except for striping and traffic signs. The technical portion of the Caltrans Standard Specifications will be used for the striping and traffic signs. 2. WEBB's final construction cost estimate shall be based upon, and in agreement with, the final items of work with estimated quantities. Computations showing estimated quantities and costs for each location of work, as well as the sum totals for each intersection and the entire Project shall be submitted to the City for review along with a set of plans showing items of work with quantities on each sheet. J. Project Meetings 1. WEBB will meet with the City to review plans and plan check comments. 2. WEBB will provide monthly project updates. K. Provide Bid Support Services: 1. WEBB will review and prepare responses to RFIs as needed and assist City with preparation of addendums. L. Construction Support Services: 1. WEBB will provide construction support services through project completion. 2. WEBB will review and prepare responses to RFIs as needed. 3. WEBB will provide as needed `on -call' construction support in response to the City's request during the construction phase. M. As -Built Plans WEBB will prepare as -built plans per City's requirements. its ip a T.... e 1 Lal Notice TO Proceed 2 Project Kick -Off Meeting 3 Crosswalk, Traffic Signal Warrant, and Raised Median Analysis 4 A252ariff, laye6ligailan& Review Existing Choi 5 Collect Counts For Pedestrian and Traffic Signals (Delayed because of Peak Season) 6 Prepare Pedestrian, Traffic Signal Warrant, and Raised Median Analysis T City and CVAG Review ofPedestrian, Traffic Signal Warrant, and Raised Median Analysis ° Revise Engineering Study City and CVAG Approval (Location and Raised Mandan or Alternate Seletected) 10 Aerial and Field Survey 11 Research Maps and Records 12 Field Survey 1s Aerial Survey 14 Utilities Investigation 15 Request as -bulk plans 16 Obtain Maps and Create Log and Matrix 1, Preliminary Design 18 Prepare Preli mmary Design(35%) and Cost Estimate 19 Ory Review of 35% Drawings and Cast Estimate 20 WEBB to Update 35% Plans and Cast Eshmdie 21 W EBB to meet with NAG Staff 22 Coordination with the City and Obtain Notice to Proceed with Final Design 23 Final Plans, Specification, and Cost Estimate (PS&E) °4 Improvement Plans (6544) 25 Prepare Cost Estimate M City Review 27 Utility Cumdinahm, 28 Improvement Plans (90A) 29 Prepare Final Cost Estimate and Technical Specs TO Traffic Signal Timing Sheets 31 City Review 3e Utility Coordination 33 Improvement Plans (Mylars) 34 Update Final Cost Estimate and Technical Specs 35 Caty Approval 3E Utility Coordination 37 Bid Packet and Support Services (All Projects) as ;"g Prepare Bid Packet Ts Gtyto Take it to Council for Advertisement 40 Cuyto Advertise the Project 41 Bid Support Services and Open Bids 42 Select Lowest Responsible Bidder 03 Start Constmcban Taek s...6 urge,' w:.nann Pral Isamu¢ som Pmrea mmmary ogre wed a,2av MiMelam ♦ 1 T.I. SECTION "B" SCHEDULE CP1749 Pedesnian Safety Enhancements at Signalmen Intersections along South and East Palin Canyon Or. Corddor Proll oaalnn °larl F,msl, Piede sso Pewurve Names " aldret NoaemLert ecremberi 1.,1 Fe°ruaryl Manh1 Alert May1 1.-1 Jury1 f,-,I SepNmGerl OPo6¢i W14 IW8 10r1. 1115.11i19 1]13 17,IT IV31 111- Il;a i,11 2125 Y11 Was 4111 4122 se SIN W3 '6117 711 71115 729 b12 M:e &9 9'33 1017 1 day Wed 10/4/17 Wed 10/4117 1 0 days Fri 10/6/17 Fri 10/6/171FS+2 days tas 70 days Mon 1019/17 Fri 1/12/19 ' ' ' ' . . . . 10 days Mon 1019/17 Fri 10/20/172 30 days Mon 10/23/17 Fn 11/3/174 2S days Mon 11/6/17 Fn 12/8/175 10days Mon 12/11/17 Fri 12/22/176 5 days Mon 12/25/17 Fri 121291177 iF 30 days Mon 1/l/18 Fn 1/12/188 45 days 15 d Mon 1919117 M 10/9/17 Fri 12/8127 Fn lOY271171FS+2 da s ill® dy5 On 30 days Man 10/30/17 Fri 12/8/1711 30 days Mon 10i Fri 11/17/171rS+2 days 25 days Mon 10/9117 Fri 11/10/17 5 days Mon 10/9/17 Fn 10/13/172 20 days Mon 10/16/17 Fri 11/10/1715 65 days Mon 1115118 Fn 4/13/18 25 dap Mon 1/15118 Fri 2/16/189,13,16,12 10 days Mon 2119118 Fri 3/2/1818 10 days Mon 3/5/18 Fri 3/1611919 10 days Mon 3/19/18 Fri 3/30/1820 10 days Mon 4/2/18 Fri 4/13/1821 95 it.,, Mon 4116/18 30 days Mon 4/16/18 30 days Mon 4116/18 15 days Man 5128/18 40 days Mon 4/16/18 20 days Mon 6/18/18 20 days Mon 6/18/18 20 days Mon 6/18/18 10 days Mon 7/16/18 2S days Mon 6/18/18 10 days Man 7/30/18 10 days Mon 7/30/18 10 days Mon 8/13/18 20 days Mon 7/23/18 56 days Mon 7/30118 5 days Mon 7/30118 10 days Mon 8/6/18 l day Mon 8/20/18 20 days Tue 8/21/18 5 days Ti 9/18/18 15 days Tire, 9/25118 Edelrel Mdessne d InacLve Task Inaa'ire wealane Fn 8/24/18 Fn 5/25/1822 Fri 5/25/1822 Fri 6/15/1824,25 Fri 6/8/1822 Fo 7/13/1826.27 Fri 7/13/1826,27 Fri 7/13/1826,27 Fri 7127/1829,30 Fri 7/20/18 26 Fri 8/10/1831 Fu 8/10/1931 Fri 8/24/1833,34 Fri 8/17/1832 Mon 10/15/18 Fri 8/3118 31 Fri 8/17/1838 Mon 8/20/1839 Mon 9/17/1940 Mon 9/24/18 41 Mon 10/15/1842 Inadrva Summary MarvalTmM pvaor...nry Page 1 Manual Summary Palo¢ a­rusaumwc FmnMny ] Manual Summary Pras.eca sunw' C oeadi— —�Swr Section "Crr ,;l:r<, A WEBBA,S0 1 A T L S CP 17-09 -Pedestrian Safety Improvements Along South and East Palm Canyon Drive Corridor Project Budget a. c ai 3.1 i Task Description a M w ° a _ � to w o 0) A N u = c r°n dZ N po :° .0 a-o :° a d to ¢ 0 Q 0. 0 F- J (J) W H Task Grouu A - Crosswalk and Traffic Sianal Warrant Analysis 1. Crosswalk Warrant Analysis (Focus Area #1) 1 6 6 4' 19 $ 2,680 $ 1,720 $ 4.400 2. Engineering Analysis for Raised Median (Focus Area #2) 1 5 8 4 19 $ 2,680 $ 1,720 $ 4,400 2. Traffic Signal Warrant Analysts (Focus Area #3 and #4) _ 1 _ 6 _ _ _ 8 4 19 $ 2,680 $ 1,720 $ 4.400 3 Coordination with City and CVAG 1 2 3 $ 410 $ 410 Task Group A Total $ ITask 13,610 Group B -Aerial and Field Survey Aerial and Field Survey 4 32 32 8 76 $ 13,480 $ 3,800 $ 17,280 Task Group STotal $ 17,280 Task Group C - Utility Investigation Utility Investigation 4 4 8 L 16 $ 2.100 $ 2,100 Task Group C Total $ 2,100 Task Group D - Preliminary Engineerinq 1. Preliminary Design (35%) 1 8 90 60 4 163 $ 22,550 $ 22,550 2. Preliminary Cost Estimate 1 4 8 6 4 25 $ 3,490 $ 3,490 3 Coordination with City and CVAG 1 4 5 $ 1,010 $ 1,010 Task Group DTotaG S - 27,060- Task Group E - Final Plan. Snecification. & Cost Estimate IPS&E) 1. Street Improvement Plans (Focus Areas #1. #2, #3,#4) 2 8 240 16 266 $ 39,460 $ 39,460 2. Pedestrian Crossing Signal (Focus Area #1) _ _ 2 6 50 6 64 $ 7,920 $ 7,920 3. Traffic Signal Improvement Plans (Focus Areas #3 and #4) _ 2 _ 6 _ 60 6 74 $ 9,070 $ 9,070 4 Signing & Striping Improvement Plans (Focus Areas #142,03, #4) 2 4 32 6 44 $ 5,460 $ 5,460 Task Group E Total $ 61,010 Task Grouo F - Traffic Signal Timing Sheets Traffic Signal Timing Sheets (Focus Areas #3 and #4) 2 4 12 18 $ 2,620 $ 2,620 Task Group F Total $ 2,620 Task Group G -Consistency with CVAG's Regional Traffic Svnchronization Project Consistency with CVAG Regional Traffic Synchronization 2 2 $ 460 $ 1,200 $ 1,660 Task Group G Total , $ 1,660 Task Group H - Utility Coordination Utility Coordination 1 6 4 B 19 $ 2,580 $ 2.580 Task Group H Total _ _ - - _ _- _- - _ _- -- $ 2,680 Task Groun I - Soecificatlons and Cost Estimate Specification and Cost Estimate 2 6 6 _ 4 18 $ 2,680 $ 2,680 _ Task Group I Total _ _ _ _ _ $ _ - 2,680 Task Group J - Protect Coordination and Meetinas Project Coordination and Meetings 2 6 4 4 16 $ 2,450 $ 2,450 - - -_ _- - - - - - Task Group J Total -- -- - - $ 2,450 G:,Pruposals�FORM.AL PROPOSALS\Gly of Palm Spnngs112784 CP17-09 Safely Enhaniemenl S - E Palm CanywoJINAL ITEMS SUBMITTED\012784_Budgel Estnmte CPI7-09 Section "C" A 01iA�IS :,.LRI AWEBB CP 17-09 -Pedestrian Safety Improvements Along South and East Palm Canyon 11 Drive Corridor Project Budget r c t1i — N 0 r Task Description _ A = A L = V iJ ` o R d U) L= a L N + = o c u mit N L �Eo c a o o w wm a` N a a aLL) ina Task Group K - Provide Bid Support Services Bid Support Services 2 4 4 2 12 _$ 1,880 _ _ _ $_ T 1,880 Task Group K Total $ 1,880 Task Group L - Construction Support Services Construction Support Services 2 8 6 2 18 $ 2,890 $ 2,890 Task Group L Total I $ 2,890 Task Group M -As-Built Plans _ As -Built Plans 2 4 4 1 11 $ 1,790 $ 1,790 Task Group M Total $ 1.790 Task Group N - Reimbu rsables Reimbursement Expenses - $ - $ 300 $ 300 Task Group N Total j $ 300 total _ 34 100 1 374 32 274 93 , 907 $ 1.00_30,340S 10,480.00 II I $ 140,800.00 Cumulative Effort to complete 35% $ 60,728 $ 60,728 Effort to complete 65% $ 45,029 $ 105,757 Effort to complete 95% $ 22,675 $ 128,431 Effort to complete 100% $ 12,369 $ 140,800 $ 140,800 ~ G TroposaW FORM Al. PROPOS AIS\City of Palm Springs,l 2784 CP 17-09 Safety Enhancement S - E Palm Cany ow FINAL ITEMS SUBMITTED\017794_Budget Esnniate CPI7-09 w'� A L 8 E R T A. MA 10 11111 A S S O C I A T E S FEE SCHEDULE CLASSIFICATION Rates $/Hour Engineers/Project Managers/Planners/Scientist/ Assessment/Special Tax Specialists/Landscape Architects/Designers PrincipalII............................................................................................................ 230.00 PrincipalI............................................................................................................. 210.00 SeniorIII.............................................................................................................. 195.00 SeniorII.............................................................................................................. 185.00 SeniorI............................................................................................................... 175.00 AssociateIII......................................................................................................... 165.00 AssociateII......................................................................................................... 150.00 AssociateI.......................................................................................................... 140.00 AssistantV.......................................................................................................... 125.00 AssistantIV......................................................................................................... 115.00 AssistantIII.......................................................................................................... 100.00 AssistantII.......................................................................................................... 85.00 AssistantI........................................................................................................... 70.00 Survey Services 2-Person Survey Party........................................................................................ 220.00 1-Person Survey Party........................................................................................ 160.00 Inspection Services Inspector (Non -Prevailing Wage)........................................................................ 110.00 *Inspector (Prevailing Wage).............................................................................. 120.00 Administrative Services ProjectCoordinator............................................................................................ 90.00 Administrative Assistant III................................................................................. 80.00 Administrative Assistant II.................................................................................. 70.00 Administrative Assistant I.................................................................................. 55.00 Other Direct Expenses IncidentalCharges............................................................................................... Cost Postage and Telephone...................................................................................... Cost In -House Prints, Copies and Delivery.................................................................. Cost Travel & Subsistence.......................................................................................... Cost Special Consultant............................................................................................... 310.00 Subcontracted Services....................................................................................... Cost + 15% Inspection/Survey Per Diem.............................................................................. 100.00 Survey/Inspector Vehicle................................................................................... .81 per mile Mileage............................................................................................................... .72 per mile *Prevailing wage inspection rate is subject to increase based on State prevailing wage. NOTE: All rates are subject to change based on annual inflation and cost of living adjustments. A FINANCE CHARGE of one and one half percent (1-12401 per month (1896 per year) will be added to any unpaid amount commencing thirty 00) days from date of invoice A mechanics' lien may be filed for any invoice rem ammg unpaid after thirty 130) days from date of invoice. 7� 11J