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4`'F°""�♦ City Council Staff Report
DATE: July 19, 2017 CONSENT CALENDAR
SUBJECT: APPROVE A COOPERATIVE AGREEMENT WITH THE COACHELLA
VALLEY ASSOCIATION OF GOVERNMENT (CVAG) IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY FOR A FUNDING
CONTRIBUTION OF $411,000, AND AWARD A CONSTRUCTION
CONTRACT TO EBS GENERAL ENGINEERING, INC., A CALIFORNIA
CORPORATION, IN THE AMOUNT OF $399,000 FOR THE N. PALM
CANYON DRIVE AT STEVENS ROAD AND VIA LAS PALMAS
CROSSWALK INSTALLATIONS, CITY PROJECT NO. 16-13
FROM: David H. Ready, City Manager
BY: Engineering Services Department
SUMMARY
This action requests Council approval of a Cooperative Agreement with the Coachella
Valley Association of Government (CVAG) for the 2017 Bicycle and Pedestrian Safety
Program granting the City up to $411,000 for pedestrian crosswalks on N. Palm Canyon
Drive. This action also requests Council to award a contract to construct and install two
new protected pedestrian marked crosswalks for the N. Palm Canyon Drive at Stevens
Road and Via Las Palmas Crosswalk Installations, City Project No. 16-13, (Project).
PRINCIPLES
EBS Engineering, Inc., is a registered Corporation with the State of California. The CEO
is Joseph Nanci, who also acts as Secretary, and CFO.
RECOMMENDATION:
1. Approve Agreement No. , a Cooperative Agreement for funding contribution
from Coachella Valley Association of Government Bicycle and Pedestrian Safety
Program for 2017 for amount up to $411,000 for the N. Palm Canyon Drive at
Stevens Road and Via Las Palmas Crosswalk Installations, City Project No. 16-13 in
a form acceptable to the City Attorney;
2. Award a construction contract (Agreement No. _) to EBS General Engineering,
Inc., a California corporation, in the amount of $399,000 for the N. Palm Canyon
Drive at Stevens Road and Via Las Palmas Crosswalk Installations, City Project No.
16-13;
ITEM NO.1 Jf
City Council Staff Report
July 19, 2017-- Page 2
Award CP16-13, N. Palm Canyon Drive at Stevens Road and Via Las Palmas Crosswalk Installations
3. Delegate authority to the City Manager to approve and execute construction contract
change orders up to the cumulative amount of$39,900; and
4. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The City retained Albert A. Webb & Associates, (Webb), to prepare a traffic analysis for
the N. Palm Canyon Drive corridor between Tachevah Drive and Vista Chino to
determine whether warrants for traffic signals or marked pedestrian crosswalks at the
following non-signalized intersections are satisfied:
• Vereda Sur
• Via Las Palmas
• Vereda Norte
• Camino Monte Vista
• Stevens Road
The traffic analysis submitted determined none of the five intersections above met traffic
signal warrants due to the low traffic volumes on the side streets. However, the
pedestrian crosswalk evaluation within the traffic analysis identified two new protected
pedestrian crosswalk locations at Via Las Palmas and Stevens Road. Conceptual
exhibits provided in the traffic analysis are shown below in Figures 1 and 2.
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Figure 1
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City Council Staff Report
July 19, 2017 -- Page 3
Award CP16-13, N. Palm Canyon Drive at Stevens Road and Via Las Palmas Crosswalk Installations
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NORTH PALM CANYON DRIVE
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Figure 2
On October 19, 2016, the City Council authorized the City Engineer to install two
protected pedestrian crosswalks at Via Las Palmas and Stevens Road in accordance
with Chapter 12.68 "Pedestrians" of the Palm Springs Municipal Code. In addition, the
City Council authorized a Purchase Order with Webb to proceed with traffic engineering
design services.
The Project scope of work for the two protected pedestrian marked crosswalks at Via
Las Palmas and Stevens Road include minor asphalt concrete pavement, concrete curb
extensions (bulb-outs), curb and gutter, sidewalk, curb ramps, in-roadway warning
lights, roadside flashing yellow beacons, street lighting, pavement markings and
roadside signage. The placement of these two protected pedestrian marked crosswalks
would be positioned along the northerly side of the intersections consistent with the
traffic analysis prepared by Webb.
Staff has notified the adjacent commercial property owners regarding the proposed
crosswalk improvements, and none have objected.
On May 17, 2017, the City Council approved the contract documents (plans and
specifications) and authorized to bid the N. Palm Canyon Drive at Via Las Palmas and
Stevens Road Crosswalk Installations, City Project No. 16-13, (Project).
On May 18, 2017, the Notice of Inviting Bids was released to the general contracting
community and was published in the Desert Sun on May 20th and 27th in accordance
with the City's bidding procedures. Subsequently, on June 22, 2017, the Procurement
and Contracting Division received six construction bids from the following contractors
listed in Table 1:
Company Location Bid Amount
EBS General Engineering, Inc. Corona, CA $399,000.00
CT&T Concrete Paving, Inc. Pomona, CA $433,367.50
City Council Staff Report
July 19, 2017 -- Page 4
Award CP16-13, N. Palm Canyon Drive at Stevens Road and Via Las Palmas Crosswalk Installations
Company Location Bid Amount
Leonida Builders Inc. Santa Clarita, CA $461,190.00
PTM General Engineering Services, Inc. Riverside, CA $461,999.00
Victor Concrete Inc. Santa Ana, CA $590,690.00
TriStar Contracting II Inc. Desert Hot Springs, CA $611,167.70
Table 1
The engineer's estimate for the Project as reported to the City Council on May 17, 2017,
was $342,000; a full bid summary is included as Attachment 1.
Public Works Contractor Registration Law(SB 854)
Under California Labor Code Section 1771.1, as amended by Senate Bill (SB) 854
(2014), unless registered with the State of California Department of Industrial Relations
(DIR), a contractor may not bid, nor be listed as a subcontractor, for any bid proposal
submitted for public works projects on or after March 1, 2015. Similarly, a public entity
cannot award a public works contract to a non-registered contractor, effective April 1,
2015. Staff has reviewed the DIR's contractor registration database, and has confirmed
that EBS General Engineering, Inc., is registered with the DIR, and is appropriately
licensed.
EBS General Engineering, Inc., of Corona, California, submitted the lowest responsive
bid; staff reviewed the bid and contractor's license, and found EBS General
Engineering, Inc., to be properly licensed and qualified. A construction contract with
EBS General Engineering, Inc., is included as Attachment 2.
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference
Program," requires prime contractors to use good faith efforts to sub-contract the supply
of materials and equipment to local business enterprises and to sub-contract services to
businesses whose work force resides within the Coachella Valley. EBS General
Engineering, Inc., is not considered a local business, however, has demonstrated
sufficient evidence of good faith efforts to sub-contract the supply of materials to local
business enterprises as well as subcontract 3.3% of the proposed striping to a firm
located in the City of Beaumont.
City Council Approval of Contingency Funds
Staff recommends that the City Council delegate authority to the City Manager to
approve and execute construction contract change orders up to an additional amount of
$39,900. Staff will carefully evaluate any additional or extra work claims presented by
EBS General Engineering, Inc., and if valid, submit to the City Manager for his approval.
In this way, work can proceed uninterrupted as staff administratively process
construction contract change orders up to the authority specifically authorized herein by
04
City Council Staff Report
July 19, 2017 -- Page 5
Award CP16-13, N. Palm Canyon Drive at Stevens Road and Via Las Palmas Crosswalk Installations
the City Council.
2017 CVAG Bicycle and Pedestrian Safety Program
In response to a Call for Projects aimed at the 2017 CVAG Bicycle and Pedestrian
Safety Program, the City submitted seven project applications. 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, five applications were approved which one of the
projects included the N. Palm Canyon Drive at Steven Road and Via Las Palmas. A
copy of the CVAG staff report dated June 26, 2017 is included as Attachment 3.
Staff is recommending that the City Council approve a Cooperative Agreement with
CVAG in a form acceptable to the City Attorney, to formalize the funding contributions of
up to the amount of $411,000 in funding toward the N. Palm Canyon Drive crosswalks.
A copy of the draft Cooperative Agreement is included as Attachment 4.
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act (CEQA). The Guidelines are
required to include a list of classes of projects which have been determined not to have
a significant effect on the environment and which are exempt from the provisions of
CEQA. In response to that mandate, the Secretary for Resources identified classes of
projects that do not have a significant effect on the environment, and are declared to be
categorically exempt from the requirement for the preparation of environmental
documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects
consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public structures, facilities, mechanical equipment 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 N. Palm Canyon Drive at Stevens Road and Via Las Palmas Crosswalk
Installations, City Project No. 16-13, is considered categorically exempt from CEQA and
a Notice of Exemption has been prepared and filed with the Riverside County Clerk. A
copy of the Notice of Exemption is included as Attachment 5.
FISCAL IMPACT:
Funding History
The City Council directed that this project be funded with budget appropriated in the
Measure J Capital Improvement Fund (Fund 260) in two ways: 1) the design costs of
$31,130 to be funded from the Non-Motorized Transportation Program ("NMTP")
05
City Council Staff Report
July 19, 2017 -- Page 6
Award CP16-13, N. Palm Canyon Drive at Stevens Road and Via Las Palmas Crosswalk Installations
funding in Account No. 260-4500-59445; and 2) the construction costs of $200,000 from
funding allocated to the Measure J Community Projects.
On October 21, 2015, the City Council approved the Measure J "Community Projects"
recommendations and three-year plan, and appropriated Measure J funding for the first
two years of the listed Community Projects. The installation of a traffic signal at La
Verne Way and Twin Palms Drive was identified as a project for Fiscal Year 2016/2017
with a budget of $200,000. However, Webb performed a traffic analysis and determined
that traffic signal warrants were not satisfied at La Verne Way and Twin Palms Drive.
Therefore, the budget of $200,000 allocated from the Measure J Community Projects
list was available to be reallocated to installation of the two new protected crosswalks
on N. Palm Canyon Drive.
On March 16, 2017, staff provided the Measure J Commission with a list of unfunded
project requests for Fiscal Year 2017/2018 budget. Staff identified five top priority
projects in need of future funding, including the protected crosswalks on N. Palm
Canyon Drive. On April 20, 2017, the Measure J Commission recommended $200,000
for the project in 2017/2018 Fiscal Year budget. On May 17, 2017, the City Council
approved an appropriation of$200,000 for the project as part of the 2017/2018 Measure
J Fiscal Year budget.
However, neither the funds made available through Measure J Community Projects nor
the 2017/2018 Measure J Fiscal Year budget will be considered at this time as the city
was successful in receiving a grant through CVAG's 2017 Bicycle and Pedestrian
Safety Program.
CVAG Grant, Measure A
In response to a Call for Projects for the 2017 CVAG Bicycle and Pedestrian Safety
Program, the City submitted seven project applications. CVAG approved five project
applications totaling a cumulative grant amount worth $6,171,500. One of the five
project applications approved by CVAG was the new pedestrian crosswalks project on
N. Palm Canyon Drive. This grant allows the City to request up to $411,000 in
reimbursement costs associated with the upcoming construction for the Project.
Additionally, as part of the 2017/2018 Fiscal Year budget, staff has received a $100,000
through Local Measure A Funds to assist in constructing the pedestrian crosswalks on
N. Palm Canyon Drive.
The estimated Project budget and incurred expenditures are identified in Table 2.
06
City Council Staff Report
July 19, 2017-- Page 7
Award CP16-13, N. Palm Canyon Drive at Stevens Road and Via Las Palmas Crosswalk Installations
Table of Project Costs Amount
Measure J Fund 260 $54,630
FY 17/18 Measure A Fund 134 $100,000
2017 CVAG Bike/Ped Safety Program Grant ' $345,000
Design Services $31,130
Project Administration (through 7/6/17 $8,500
Project Administration Estimated $6,100
Construction Inspection Estimated $15,000
Construction Contract $399,000
Construction Contingency $39,900
Balance $0
Table 2
" The maximum amount available from CVAG for this project is 75% of the project cost.
With the current project estimate of $460,000, the maximum amount of funding
available through CVAG is $345,000.
07
City Council Staff Report
July 19, 2017 -- Page 8
Award CP16-13, N. Palm Canyon Drive at Stevens Road and Via Las Palmas Crosswalk Installations
Funds to encumber for award of the construction contract in the amount of $399,000
with EBS General Engineering, Inc., are available from the following accounts:
• Regional Measure A Account No. 134-4497-50404: $345,000
• Local Measure A Account No. 134-4498-50404: $54,000
Partial funds to encumber for project administration, construction inspection and
construction contingency in the total amount of $69,500 is available in the following
account:
• Local Measure A Account No. 134-4498-50404: $46,000
SUBMITTED:
r
Thomas Garcia, P.E. arcus L. Fuller, MPA, P.E., P.L.S.
City Engineer Assistant City Manager
�J
David H. Ready, Esq.
City Manager
Attachments:
1. Bid Summary
2. Construction Contract
3. June 26, 2017, CVAG staff report
4. CVAG Draft Cooperative Agreement
5. CEQA Notice of Exemption
08
ATTACHMENT 1
09
CROSSWALK INSTALLATIONS,CP.16.13
BID SUMMARY Bid Opening:JUNE 22,2017
BID SCHEDULE EBB GENERAL CTST CONCRETE LEONIOA BUILDERS,INC. PTM GENERAL F
NCRETE,INC TRISTAR CONTRACTING
OUANT. UNIT ENGINEERING PAVING,INC. ENGINEERING SERVICES II,INC.
Item No. ITEM DESCRIPTION UNIT PR. AMOUNT UNIT PR. AMOUNT UNIT PR. AMOUNT UNIT PR. AMOUNT AMOUNT UNIT PR. AMOUNT
1 Mobilaation 1 LS $10,000.00 $10,000.00 $24.000.00 $24,000.00 $30,000.00 $30,000.00 $13,00D.00 $13,000.00 $25000.00 $42,483.00 $42,483.00
2 Temporary Traffic Control 1 LS $65,240.00 $65,240.00 $7.500.00 $7,500.00 $18,000.00 $18.000.00 $38.174.00 $38,174.00 $76.600.00 $13,616.00 $13,616.00
3 Water Polluter Control 1 LS $2,000.00 $2,000.00 $2,500.00 $2,500.00 $800.00 $800.00 $3,450.00 $3,450.00 $25000.00 $5,076.00 $5.076.00
4 Remove Existing Asphalt 5600 SF $4.00 $22,400.00 $2.50 $14,000.00 $3.00 $16,800.00 $4.60 $25.760.00 $16800.00 $3.30 $18,480.00
5 Remove Existing Sidewalk 3500 SF $4.00 $14,000.00 $3.00 $10,500.00 $3.00 $10,500.00 $4.60 $16,100.000 $10,500.00 $3.28 $11,480.00
6 Remove Existing Driveway 200 SF $4.00 $800.00 $3.50 $700.00 $2.00 $400.00 $4.60 $920.00 . 0 $800.00 $19.12 %3,824.00
7 Remove Existing Cross Gutter 1 600 SF $4.00 $6,400.00 $4.00 $6.400.00 $2.00 $3.200.00 $4.60 $7,360.00 $4.00 $6,400.DD $4.04 $6,464.00
8 Remove Existing Curb Ramp 400 5P $4.00 $1,600.00 $3.00 $1 r200.00 $2.00 $800.00 $4.60 $1,840.00 $5.00 $2,000.00 $11.39 $4,556.00
9 Remove Existing Curb and Gutter 400 LF $15.00 $6.000.00 $7.00 $2,800.00 $2.00 $800.00 $18.00 $7,200.00 $5.00 $2'000.00 $15.25 $6,100.00
10 COld Milling(1-112'mm.) 2630 SF $2.00 $5.260.00 $5.25 $13,807.50 $3.00 $7,890.00 $3.50 $9,205.00 $3.00 $7,890.00 $3.38 $8,889.40
11 Hot Mix Asphalt 140 TON $150.00 $21.000.00 $221.00 $30,940.00 $200.00 $28,000.00 $184.00 $25,760.00 $190.00 $26,600.00 $243.62 $34,134.80
12 Crushed Miscellaneous Base 50 CT $190.00 $9,500.00 $250.00 $12.500.00 $100.00 $6,000.00 $230.00 $11,500.00 $40.00 $2,000.00 $207.04 310,352.00
13 Construct A3 Curb and Gutter 90 LF $30.00 52,700.00 $37.00 $3,330.00 $50.00 $4,500.00 $41.00 $3,690.00 $40.00 $3,600.00 $62.03 $5,582.70
14 Construct A4 Curb and tuner 420 LF $30.00 $12.600.00 $37.00 $15,540.00 $50.00 $21,000.00 $41.00 $17,220.00 $50.00 $21,000.00 $69.44 $29,164.80
15 Construct 4"PCC Sidewalk 4200 SF $5.00 $21.000.00 $6.00 $25,200.00 $8.00 $33,600.00 $6.40 $26.880.00 $8.00 $33,600.00 $10.96 $46.032.00
16 Construct Type A Curb Ramp 7 FA $3.000.00 $21,DOD.00 $3,900.00 $27,300.00 $3,000.00 $21,000.00 $3,500.00 $24,500.00 $5,200.00 $36,400.00 $6,819.00 $47,733.00
17 Construct Type B Curb Ramp 1 EA $3.000.00 $3,000.00]$4,000.00
00 $3,800.00 $3,000.OD $3,000.00 $3,500.00 $3,500.00 $5,000.00 $5,000.00 $6,989.00 $6,989.00
18 Construct Curb Ramp(Modified) 1 EA $3,000.00 $3.000.0000 $4,000.00 $3,000.0D $3.000.00 $3,500.00 $3,500.00 $5,000.00 $5,000.00 $6,879.00 $6,879.00
19 Construct D2 Cross Gutter 12W SF $10.00 $12,000.00 .00 $16,800.00 $22.00 $26,400.00 $12.70 $15,240.00 $20.00 $24,000.00 $26.10 $31.320.00
20 Construct Commercial Driveway(W=24') 1 EA $3.500.00 $3,500.00 00 $10,000.00 $11,000.00 $11,000.00 $4,600.00 $4,600.00 $6,000.00 $8,000.00 $6,484.00 $6,484.00
21 Flashing Beacon Warning Systems 1 LS $31.500.00 $31,500.00 00 $56,350.00 $45,000.00 $45,000.00 $57,600.00 $57,600.00 $90,000.00 $90,000.00 $106,055.00 $106,055.00
22 In-Roadway Warming Light Systems 1 LS $85,000.00 $85,000.00 .00 $97,750.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $80.000.00 $BO,000.00 $101,518.00 $101,518.00
23 Street Lighting System 1 LS $13,000.00 $13,0DO.00 .00 $21,850.00 $45,000.00 $45,00000 $20,000.00 $20.000.00 $45.000.00 $45,00000 $31.232.00 $3123200
24 TraHm Striping,Signing B Markings 1 LS $14,000.00 $14,000.00 .00 $12,100.00 $13,000.00 $13,000.00 $12,500.00 $12,500.00 $25,000.00 $25,000.00 $14,223.00 $14,2230025 Field Orders 1 LS $12,500.00 $12,500.00 .00 $12,500.00 $12,500.00 $12,500.00 $12,500.00 $12,500.00 $12,500.00 $12,500.00 $12,500.00 $12,500.00
TOTAL= $399,000.00 TOTAL= $433,367.60 TOTAL $461,190.00 TOTAL= $461,999.DD TOTAL= $590,690.00 TOTAL= $611,167.70
1 2 3 4 5 6
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ATTACHMENT 2
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this _ day of 2017, by and between
the City of Palm Springs, a charter city, organized and existing in the County of Riverside,
under and by virtue of the laws of the State of California, hereinafter designated as the
City, and EBS General Engineering, Inc., a California Corporation hereinafter designated
as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1 --THE WORK
For and in consideration of the payments and agreements to be made and performed by
City, Contractor agrees to furnish all materials and perform all work required to complete
the Work as specified in the Contract Documents, and as generally indicated under the
Bid Schedule(s) for the Project entitled:
N. PALM CANYON DRIVE AT STEVENS ROAD AND VIA LAS PALMAS
CROSSWALK INSTALLATIONS
CITY PROJECT NO. 16-13
The Work comprises the installation of two (2) pedestrian marked crosswalks including
minor asphalt concrete pavement, concrete curb extensions (bulb-outs), curb and gutter,
sidewalk, curb ramps, in-roadway warning lights, roadside flashing yellow beacons, street
lighting, pavement markings and roadside signage. The two pedestrian marked
crosswalks across N. Palm Canyon Drive will be positioned along the north side of
Stevens Road and along the south side of Via Las Palmas intersections.
ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in
the Notice to Proceed by the City, and the Work shall be fully completed within the time
specified in the Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and
that the City will suffer financial loss if the Work is not completed within the time specified
in Article 2, herein, plus any extensions thereof allowed in accordance with applicable
provisions of the Standard Specifications, as modified herein. They also recognize the
delays, expense, and difficulties involved in proving in a legal proceeding the actual loss
suffered by the City if the Work is not completed on time. Accordingly, instead of
requiring any such proof, the City and the Contractor agree that as liquidated damages or
delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section
6-9 of the Special Provisions for each calendar day that expires after the time specified in
Article 2, herein. In executing the Agreement, the Contractor acknowledges it has
reviewed the provisions of the Standard Specifications, as modified herein, related to
N. PALM CANYON DRIVE AT STEVENS ROAD AND VIA LAS PALMAS
CROSSWALK INSTALLATIONS AGREEMENT FORM
CITY PROJECT NO. 16-13 AGREEMENT AND BONDS-PAGE 1
MAY 18,2017 12
damages, and has made itself aware of the actual loss incurred by the City due to the
inability to complete the Work within the time specified in the Notice to Proceed.
ARTICLE 3 -- CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the
Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid
Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change
Orders approved by the City. The amount of the initial contract award in accordance with
the Contractor's Bid Proposal is Three Hundred Ninety Nine Thousand Dollars
399 000 .
Contractor agrees to receive and accept the prices set forth herein, as full compensation
for furnishing all materials, performing all work, and fulfilling all obligations hereunder.
Said compensation shall cover all expenses, losses, damages, and consequences arising
out of the nature of the Work during its progress or prior to its acceptance including those
for well and faithfully completing the Work and the whole thereof in the manner and time
specified in the Contract Documents; and, also including those arising from actions of the
elements, unforeseen difficulties or obstructions encountered in the prosecution of the
Work, suspension of discontinuance of the Work, and all other unknowns or risks of any
description connected with the Work.
ARTICLE 4 --THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
prevailing rate of per diem wages as determined by the Director of the California
Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of
Subcontractors, Local Business Preference Program — Good Faith Efforts, Non-
Discrimination Certification, Non-Collusion Declaration, Bidder's General Information, Bid
Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance
Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings,
Addenda numbers 0 to 0, inclusive, and all Construction Contract Change Orders and
Work Change Directives which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto.
ARTICLE 5 -- MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by
the City, the Contractor agrees to furnish all materials and perform all work required for
the above stated project, and to fulfill all other obligations as set forth in the aforesaid
Contract Documents.
City hereby agrees to employ, and does hereby employ, Contractor to provide the
materials, complete the Work, and fulfill the obligations according to the terms and
conditions herein contained and referred to, for the Contract Price herein identified, and
hereby contracts to pay the same at the time, in the manner, and upon the conditions set
forth in the Contract Documents.
N. PALM CANYON DRIVE AT STEVENS ROAD AND VIA LAS PALMAS
CROSSWALK INSTALLATIONS
AGREEMENT FORM
CITY PROJECT NO, 16-13 AGREEMENT AND BONDS-PAGE 2
MAY 18,2017 13
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and
Labor Code requirements specified in the Contract Documents, including the requirement
to furnish electronic certified payroll records directly to the Labor Commissioner (via the
Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per
diem wages as determined by the Director of the Department of Industrial Relations of the
State of California.
ARTICLE 6 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard
Specifications as amended by the Special Provisions. Applications for Payment will be
processed by the City Engineer as provided in the Contract Documents.
ARTICLE 7 -- NOTICES
Whenever any provision of the Contract Documents requires the giving of a written Notice
between the parties, it shall be deemed to have been validly given if delivered in person to
the individual or to a member of the firm or to an officer of the corporation for whom it is
intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the
last business address known to the giver of the Notice.
ARTICLE 8 -- INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the City, and all of its officers and
agents from any claims, demands, or causes of action, including related expenses,
attorney's fees, and costs, based on, arising out of, or in any way related to the Work
undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of
Section 7-15 "Indemnification," of the Special Provisions, which are hereby referenced
and made a part hereof.
Prevailing Wages. Contractor agrees to fully comply with all applicable federal and
state labor laws including, without limitation California Labor Code Section 1720, et
seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section
16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or
non-payment of prevailing wages under California law, and Contractor hereby agrees to
defend, indemnify, and hold the City, its officials, officers, employees, agents and
volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws.
ARTICLE 9 -- NON-DISCRIMINATION
In connection with its performance under this Agreement, Contractor shall not
discriminate against any employee or applicant for employment because of race,
religion, color, sex, age, marital status, ancestry, national origin, sexual orientation,
gender identity, gender expression, physical or mental disability, or medical condition.
Contractor shall ensure that applicants are employed, and that employees are treated
during their employment, without regard to their race, religion, color, sex, age, marital
status, ancestry, national origin, sexual orientation, gender identity, gender expression,
N.PALM CANYON DRIVE AT STEVENS ROAD AND VIA LAS PALMAS
CROSSWALK INSTALLATIONS AGREEMENT FORM
CITY PROJECT NO. 16-13 AGREEMENT AND BONDS-PAGE 3
MAY 18,2017 14
physical or mental disability, or medical condition. Such actions shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
ARTICLE 10 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the
Special Provisions will have the meanings indicated in said Standard Specifications and
the Special Provisions. No assignment by a parry hereto of any rights under or interests
in the Contract Documents will be binding on another party hereto without the written
consent of the party sought to be bound; and specifically, but without limitation, monies
that may become due and monies that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
The City and the Contractor each binds itself, its partners, successors, assigns, and legal
representatives, to the other party hereto, its partners, successors, assigns, and legal
representatives, in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
SIGNATURES ON NEXT PAGE
N. PALM CANYON DRIVE AT STEVENS ROAD AND VIA LAS PALMAS
CROSSWALK INSTALLATIONS AGREEMENTFORM
CITY PROJECT NO. 16-13 AGREEMENT AND BONDS-PAGE 4
MAY 18,2017 15
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
CITY OF PALM SPRINGS, APPROVED BY THE CITY COUNCIL:
CALIFORNIA
Date
By
David H. Ready
City Manager Agreement No.
ATTEST:
By
Kathleen D. Hart
Interim City Clerk
APPROVED AS TO FORM:
By
Edward Z. Kotkin
City Attorney
RECOMMENDED:
By
Thomas Garcia, P.E.
City Engineer
N.PALM CANYON DRIVE AT STEVENS ROAD AND VIA LAS PALMAS
CROSSWALK INSTALLATIONS AGREEMENTFORM
CITY PROJECT NO. 16-13 AGREEMENT AND BONDS-PAGE 5 16
MAY 16,2017
CONTRACTOR
By:
EBS General Engineering, Inc.
By: By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of
that document.
(This Agreement must be signed in the above (This Agreement must be signed in the above
space by one having authority to bind the space by one having authority to bind the
Contractor to the terms of the Agreement.) Contractor to the terms of the Agreement.)
State of ) State of )
County of )Ss County of )SS
On On
before me, before me,
personally appeared personally appeared
who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) evidence to be the person(s) whose name($)
is/are subscribed to the within instrument and is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies),
and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the of which the person(s) acted, executed the
instrument. instrument.
I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing laws of the State of California that the foregoing
paragraph is true and correct. paragraph is true and correct.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
N. PALM CANYON DRIVE AT STEVENS ROAD AND VIA LAS PALMAS
CROSSWALK INSTALLATIONS PAYMENT BOND
17
CITY PROJECT NO. 16-13 AGREEMENT AND BONDS-PAGE 6
MAY 18,2017
ATTACHMENT 3
18
ITEM 7E
Coachella Valley Association of Governments
Executive Committee "June 26,2017 CVAG
Staff Report
Subject: 2017 CVAG Bicycle and Pedestrian Safety Program
Contact: Eric Cowie, Transportation Program Manager (ecowlegcvag.org)
Recommendation: Approve ten project applications submitted for the CVAG 2017 Bicycle and
Pedestrian Safety Program, and authorize Staff to negotiate the corresponding Reimbursement
Agreements.
Transportation Committee: CONCURS (Meeting of June 5"')
Technical Advisory Committee: CONCURS (Meeting of June 12TM')
Background: In February the Executive Committee approved the creation of a Bicycle and Pedestrian
Safety Program for 2017 that would provide up to $10M in Regional funding for projects that directly
address Bicycle and Pedestrian Accidents and Fatalities on CVAG's Regional Arterials.
The deadline for proposals was May 1 s1. CVAG received 31 applications from nine different jurisdictions,
requesting over$30 million in CVAG funding. Projects ranged in scope from striping and sidewalk gap
closures to new signalized intersections and bridge widening. A one-page summary of each submittal
has been included as an attachment.
CVAG deliberately did not set prescriptive criteria or requirements for the projects as the intent was to
supply regional resources to address bicycle and pedestrian safety for locally identified safety hot-spots
within the Regional TPPS. The Safety Program was developed to directly address bicycle and
pedestrian accidents and fatalities, and to allocate the resources quickly to try and stem the rising trend
of these incidents.
With the Safety Program oversubscribed by nearly $20 million, project applications were screened by
their ability to directly identify accidents that had already occurred in the project location, and by the
ability to be in construction within one year of project award.
Within the $10 million funding limit, ten projects submitted by four different jurisdictions are
recommended for funding.
At the June 5'" CVAG Transportation Committee meeting, the City of Palm Springs requested that their
Indian Canyon Mid-Block Crossing project(ranked#7) be replaced with their Vista Chino Signal project
(ranked #8). The Vista Chino Signals project had been left off of the funding recommendation list due
to uncertainty in being able to get the project to construction within one year. Since the Staff Report was
prepared, the City of Palm Springs has received assurances from Caltrans that the project will be
prioritized by them. As the Vista Chino Signals project was the City's top priority, ranked highly (due to
recent fatalities), and now likely to be in construction within one year, the Transportation Committee
agreed to the swap, but capped the Vista Chino project at the Indian Canyon project's grant amount of
$516,000.
19
Jurisdiction Proiect Request Accidents/year
Desert Hot Springs Palm Drive Signals/Lighting $2,000,000 3.7
Palm Springs Palm Canyon Ped Enhancements $1,989,000 3.0
Palm Springs E. Palm Canyon/S. Palm Canyon $1,255,500 2.7
Palm Springs Indian Canyon Ped Enhancements $2,000,000 2.3
Cathedral City Date Palm Sidewalk Gaps $ 451,500 2.0
City of Indio Calhoun Street $ 786,203 1.3
Palm Springs Vista Chino Signals $ 516,000 1.0
Cathedral City Dinah Shore Mid-Block Xing $ 180,000 1.0
Palm Springs Palm Canyon X walks $ 411,000 0.7
City of Indio Avenue 48 Bike Lanes $ 686 181 Q&
$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 applications as a group, allowing staff to negotiate the
individual reimbursement agreements over the summer and come back to the Executive Committee in
the fall for their approval. It is possible that one or more projects may drop off of the list as the details
of reimbursement agreements are developed. For example, a proposal for new a new traffic signal may
not be warranted after a traffic study is completed over the summer. Completion of this type of traffic
study was not a requirement in the project application. Should this be the case, Staff will negotiate with
the next ranked project sponsor whose project is within the budget set and able to be in construction
within one year.
As the individual Reimbursement Agreements are negotiated, it is very possible that the dollar amounts
for the projects may change as specific requirements add or subtract from the estimates.
The quality of the project applications was impressive, and with nearly $30 million in regional dollars
requested, it is clear that bicycle and pedestrian safety will continue to warrant funding consideration.
Future Safety funding cycles might include a more structured application process and allow for projects
addressing general bicycle and pedestrian safety concerns to be funded in subsequent years. Staff will
update this committee in February of 2018 on the progress of the proposed projects and possibly
request additional funds based upon the success of the program.
Fiscal Impact: Regional Transportation Funds are available to cover CVAG's share of $10,235,384
requested in the project applications, however this impact will occur when the actual reimbursement
agreements are approved at a future date.
Attachments:
Project Spreadsheet—Original Ranking
One-page Project Summaries
20
2017 CVAG BIKE/PED SAFETY PROGRAM
Total Cost Grant Amount ACC ACC YR
1 DHS 3-Palm, 1-Pierson Signals/Lights $ 2,797,045 $ 2,000,000 22 3.7
2 PS Palm Canyon Ped Enhancements $ 2,652,000 $ 1,989,000 9 3.0
3 PS S. Palm Canyon, E. Palm Canyon Pe $ 1,674,000 $ 1,255,500 8 2.7
4 PS Indian Canyon Ped Enhancements $ 2,730,000 $ 2,000,000 7 2.3
5 CC Date Palm,GF Sidewalk Gaps $ 602,000 $ 451,500 6 2.0
6 IN Calhoun Street* $ 1,048,270 $ 786,203 4 1.3
7 PS Indian Canyon Mid-Block Imprvmts $ 688,000 $ 516,000 4 1.3
9 CC Mid-Block Xing Dinah Shore/CCHS $ 240,000 $ 180,000 1 1.0
10 PS North Palm Canyon Xwalks $ 548,000 $ 411,000 2 0.7
11 IN Avenue 48 Bike Lane* $ 861,575 $ 646,181 5 0.6 Line shows funding
8 PS Vista Chino/Miralest Signals** $ 1,475,000 $ 738,750 3 1.0 constraint of$10M
12 LQ/IN Jefferson Bike Lanes* $ 1,456,536 $ 1,092,402 5 0.6
13 COR Thousand Palm Canyon Rd $ 3,690,000 $ 2,000,000 2 0.5
14 CC Landau/McCallum Signal $ 570,600 $ 427,950 1 0.3
15 CC Date Palm & Ramon Sunline $ 586,600 $ 439,950 1 0.3
16 IN Fred Waring Bike Lane* $ 756,230 $ 567,173 2 0.3
17 LQ/IN Madison Street B/P* $ 1,171,485 $ 878,614 1 0.1 Line shows projects
NR CC Mid-Block Xing Perez/Civic $ 240,000 $ 180,000 0 with identified accidents
NR CC Mid-Block Xing Perez/Auto $ 200,000 $ 150,000 0
NR CC Date Palm Bridge atTahquitz $ 2,667,000 $ 2,000,000 0
NR CO Grapefruit $ 1,725,020 $ 1,293,765 0
NR CO Shady Lane $ 838,750 $ 629,063 0
NR DHS Palm/Two Bunch $ 1,000,000 $ 750,000 0
NR DHS 4 Intersection Stops $ 425,520 $ 319,140 0
NR DHS Restriping Arterials $ 2,045,844 $ 1,534,383 0
NR LQ Jefferson Sidewalk $ 180,000 $ 135,000 0
NR PD 74 CL2 Bike/Golf Lanes $ 170,000 $ 127,500 0
NR PS GAT/Tahquitz Xing $ 1,008,000 $ 756,000 0
NR RM Dinah Shore Sidewalk Gaps $ 142,000 $ 106,500 0
NR COR Dillon Road $ 3,630,000 $ 2,000,000 0
Top-Ranked by Accidents with Construction in FY 17/18 $ 10,235,384 68
*Note: Slurry seal costs removed from proposal
**Note:The 8th ranked project was dropped below the funding line as it was not likely
that the project could be construction within one year
NR= Not Ranked
ACC=Accidents reported including fatalities
21
ATTACHMENT 4
22
PLACE HOLDER FOR
CVAG COOPERATIVE
AGREEMENT
ATTACHMENT 5
24
NOTICE OF EXEMPTION
To: ❑ Office of Planning and Research From: City of Palm Springs
1400 Tenth Street, Room 121 3200 E.Tahquitz Canyon Way
Sacramento, CA 96814 Palm Springs, CA 92262
® Clerk of the Board
County of Riverside
P.O. Box 751
Riverside, CA 92502-0751
Project T109: N Palm Canyon Drive at Stevens Road and Via Las Palmas Crosswalk Installations City Project No 16-13
Project Applicant: City of Palm Springs
Project Location(Specific): 1). N. Palm Canyon Drive and Stevens Road 2). N. Palm Canyon Drive and Via Las Palmas
Project Location(City): City of Palm Springs Project Location (County): Riverside
Project Description: The scope of work Includes the installation of two (2) pedestrian marked crosswalks including minor
asphalt concrete pavement, concrete curb extensions (bulb-outs), curb and gutter, curb outlets, sidewalk, curb ramps, In-
roadway warning lights, roadside flashing yellow beacons, street lighting, pavement markings and roadside signage. The two
pedestrian marked crosswalks across N Palm Canyon Drive will be positioned along the north side of Stevens Road and along
the south side of Via Las Palmas intersections.
Name of Public Agency Approving Project: City of Palm Springs
Name of Person or Agency Carrying Our Project: City of Palm Springs, Public Works& Engineering Department
3200 E.Tahquitz Canyon Way, Palm Springs,CA 92262
Exempt Status: (check one)
❑ Ministerial(Sec.21080(b)(1); 15268);
❑ Declared Emergency(Sec. 21080(b)(3); 15269(a));
❑ Emergency Project(Sec.21080(b)(4); 15269(b)(c));
® Categorical Exemption. State type and section number: 15301 Class 1 (c)—Existing Facilities
❑ Statutory Exemptions.State code number:
Reasons why project is exempt: Class 1 consists of operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures,facilities, mechanical equipment, or topographic features, Involving negligible or
no expansion of use beyond that existing at the time of the lead agency's determination. Existing highways and streets,
sidewalks, gutters,bicycle and pedestrian trails,and similar facilities.Therefore,the N. Palm Canyon Drive at Stevens Road and
Via Las Palmas Crosswalk Installations, City Project No. 16-13,is considered categorically exempt from CEQA.
Lead Agency Contact Person: Marcus L. Fuller Area Code/Telephone/Extension: (760)322-8380
If flied by applicant:
1.Attach certified document of exemption finding.
2.Hasa Notice of Exemption been filed by the public agency approving the project?❑Yes ❑No
Signature: Date: 2128@017 Title: Asst. City ManagerlCity Engineer
®Signed by Lead Agency❑Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code Date received for filing at OPR:
Reference: Sections 21108.21152,and 21162.1, Public Resources Code.
25