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HomeMy WebLinkAboutA6442 - ALBERT GROVER & ASSOCIATES - ON-CALL TRAFFIC ENGINEERING SERVICES AGR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT AGREEMENT No. 6442 ON-CALL CIVIL ENGINEERING SERVICES THIS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT A6442), ("Amendment No. 1") is made and entered into, to be effective this �Vk day of 1kZL, 2018, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City") and Albert Grover & Associates, (hereinafter referred to as "Consultant'). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties." RECITALS A. City has determined that there is a need for As-Needed, "On-Call" Traffic Engineering Services for a variety of future public works projects, (hereinafter the "Project"). B. On November 6, 2013, the City Council approved a Professional Services Agreement (A6442) with Consultant to provide As-Needed, "On-Call" Traffic Engineering Services, with a maximum term of five (5) years. C. It is necessary to extend the term of Professional Services Agreement (A6442) with Consultant to provide As-Needed, "On-Call" Traffic Engineering Services for a variety of future public works projects. D. Citywishes to amend Professional Services Agreement A6442 to extend the 9 ( ) term an additional (1) year to November 18, 2019, pursuant to this Amendment No. 1. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT SECTION 1. The foregoing Recitals are true, correct, and incorporated b this 9 9 P y reference herein as material terms relied upon by the Parties in agreeing to and executing this Amendment No. 1. SECTION 2. Section 3.4 Term is hereby amended as follows: The following sentence is hereby removed: "At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional one (1) year terms." The following sentence is hereby added: "At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for up to three (3) additional one (1) year terms." Page 1 of 3 Section 3. Section 9.3 Covenant Against Discrimination is hereby replaced in its entirety to read: In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. Section 4. Full Force and Effect. All terms, conditions, and provisions of the Professional Services Agreement (A6442), unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 1 and any provisions of the Professional Services Agreement (A6442), the provisions of this Amendment No. 1 shall in all respects govern and control. Section 5. Corporate Authority: The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound. does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. (SIGNATURES ON FOLLOWING PAGE) Page 2 of 3 IN WITNESS WHEREOF, the City and the Consultant have caused this Amendment No. 1 to be executed the day and year first above written. ATTEST: CONTENTS APPROVED: CITY OF PALM SPRINGS, CA By �' Anthony David H. Ree City Clerk/ City Manager Date: II Date: -J' APPROVED AS TO FORM: APPROVED BY CITY COUNCIL: By, � N �' Date: A*�kgreement No. A(Puu� Edward Z. Kotl n Cit/Attorney Date: 2 CONSULTANT Name: Albert Grover& Associates Check one: _Individual _Partnership_Corporation Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. Address: Albert Grover&Associates 211 E. Imperial Hwy., Suite 208 Fullerton, CA 92835 U 4 By: By: Sign ure (notarized) Signa ure (notarized) Name: Q Name: C,1-lA (- iik P ^5kbik 1 Title: Title: Page 3 of 3 CALWOMUL ALUMPOEE ACpWMLEDQINOIT CIYLL CODES 1189 A wary Pbtc a alwr allwr compMup this or A wiea ore,the idway of dw e,daidW who aignd the document to which the acached wd rl ttAdaia na ✓oxracy orvaf34y oftK doanaV_ stalls of n County of UGA — - ,A—I bMra nA. NQ�A4`I �11�1 L%.SS �f tC�. 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THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights t6 the certificate holder in lieu of such endorsement(s). PRODUCER IOA Insurance Services CONTACT BBIt Tran 130 Vantis, Suite 250 PaIt HONE90 FAX Ext: 949-297-5962 _INC No): 949-297-5960 ADDRESS: , Aliso Viejo, CA 92656 ADOREss: belt .lran(@ioausa.com INSURERS AFFORDING COVERAGE NAIC# www.ioausa.com CA License#OE67768 INSURERA: RLI Insurance Company 13056 INSURED INSURERS: RSUI Indemnity Company 22314 Albert Grover&Associates, Inc. 211 East Imperial Hwy, Suite 208 INSVRERC: Continental Casualty Company 20443 Fullerton CA 92835 INSURERD: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 42774565 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOL UBR POLICY NUMBER MOLICYYEYYY MFF MILOD/YEYYY LIMITS LTRINSD MD COMMERCIAL GENERAL LIABILITY ✓ ✓ PS60001618 7/1/2018 7/1/2019 EACHOCCURRENDE $1,000000 CLAIMS-MADE I7OCCUR Scheduled At Endt —DAMAGE AMAGET EanNT RENTED $1,000,000 #PPB3130212 ✓ Primary/Non-Contributory Professional Services MED EXP(Anyone person) $10,000 ✓_ Waiver of Subrogation performed by the Insured '.PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE I T LIMIT APPLIES IE PER are Excluded GENERALAGGREGATE $2,000,000 V] POLICY J%C Ia LOC PRODUCTS-COMPIOP AGG $2,000,000 OTHER' -. .-__.._ $ A JAUTOMOBILELIABILITY P880001618 7/1/2018 7/1/2019 umbi NdEe01 SINGLE LIMITI(Ea 51 000.000 ANY AUTO Included in General BODILY INJURY(Per person) $ OWNED SCHEDULED Liability BODILY INJURY(Per account $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY ✓ AUTOS ONLY Per accitlem $ B I UMBRELLA LIAB ,/ OCCUR NHA245195 7/1/2018 7/1/2019 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE Excludes Professional AGGREGATE $2,000,000 Liability; Follow Form OEO I RETENTION$ $ A WORICERSCOMPENSATION ✓ PSW0001494 7/112018 7/1/2019 ✓ STATUTE OE RTH AND EMPLOYERS'LIABILITY YIN Waiver of Subrogation ANYPROPRI ETORIPARTNERIEXECUTIVE EL.EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDED? Y :NIA Endt#WC0403060484 _ - - (MandatorylnNH) E.L.DISEASE-EA EMPLOYEE $100 If yes.describe under - - _ -- DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional Liability MCH288354455 7/1/2018 7/1/2019 $2,000,000 Each Claim Claims-Made $4,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 1111,Additional Remarks Schedule,may he attachad if more space is required) Certificate Holder is an Additional Insured with respect to General Liability(GL)but only when required by written contract with the Insured prior to an occurrence as per Endorsement noted above.GL includes Separation of Insureds and Contractual Liability per limitations in the BusinessOwners' Coverage form.A Workers'Compensation Waiver of Subrogation as noted above is included for the person or organization named in the Schedule that are parties to a contract requiring this Endorsement,provided that contract is executed before the loss.Coverage subject to all policy terms conditions, limitations and exclusions.30 Day Notice Cancellation/10 Days for Non-Payment in accordance with policy provisions. CERTIFICATE HOLDER CANCELLATION On-Call Traffic Engineering Services CItV of Palm Springs, ItS elected OffIC18I5, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN off'icers and employees ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 2743 3200 E. Tahquitz Can on Way Palm Springs CA 922y63 AUTHORIZED REPRESENTATIVE (AVC)Alicia K. Igram ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 42'/I9S6S 1 r/,a 9 GLIHxCESsywclaL 1 Pauline aingnar, 1 6n5n01e 11:14,49 N: (PDT) 1 Page 1 of r Policy Number:PSB0001618 RLI Insurance Company Named Insured:Albert Grover&Associates, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS SCHEDULED ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM —SECTION II —LIABILITY Schedule Name of Person(s)or Organization(s): City of Palm Springs, its elected officials, officers and employees 1. SECTION II C. Who Is An Insured is amended to primary basis, or a primary and non-contributory include as an additional insured the person or basis, this insurance is primary to other insurance organization shown in the schedule above, but only that is available to such additional insured which with respect to liability for "bodily injury", "property covers such additional insured as a named insured, damage" or "personal and advertising injury" and we will not share with that other insurance, caused in whole or in part by you or those acting on provided that: your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement, or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that hazard". contract or agreement. 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K.2 Transfer this endorsement is limited as follows: of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply to the rendering APPLICABLE TO SECTION I — PROPERTY AND of or failure to render any "professional SECTION II—LIABILITY) services". We waive any rights of recovery we may have b. This endorsement does not increase any of the against any person or organization because of limits of insurance stated in D. Liability And payments we make for "bodily injury", "property Medical Expenses Limits of Insurance. damage" or "personal and advertising injury" arising 3. The following is added to SECTION III H.2. Other out of "your work" performed by you, or on your Insurance — COMMON POLICY CONDITIONS behalf, under a contract or agreement with that (BUT APPLICABLE ONLY TO SECTION II — person you organization. We waive these rights only LIABILITY) where you have agreed to do so as part of a contract or agreement with such person or However, if you specifically agree in a contract or organization entered into by you before the "bodily agreement that the insurance provided to an injury" or"property damage" occurs, or the "personal additional insured under this policy must apply on a and advertising injury"offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 313 02 12 Page 1 of 1 a2994s6s I "!/10-19 GL/EXCE`55/WC/JL Pauline gingham 16/26/nI8 11,14:19 A I?DV I Page 2 of 3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us ) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Palm Springs, its elected officials, Jobs performed for any person or organization that you officers and employees have agreed with in a written contract to provide this agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 7/1/2018 Policy No.PSW0001494 Endorsement No. Insured Insurance Company p Albert Grover&Associates,Inc. RLI Insurance Company Countersigned By O rf71998 by the Workers'Compensation Insurance Rating Bureau of California.All rights reserved. 427.4555 19/18-19 GL/EXCESS/WC/PL I Pauline Pinyha 1 6/26/2018 11a14 49 A (PDT) I Page 3 CE 3 ALM So City of Palm Springs Marcus Fuller * %`o"row.h�•� + Assistant City Manager-Engineer OltlFORN�P 3200 E.Tahquitz Canyon%Vay, Palm Springs, CA 92262 Tel 760322.8380 • Fax 760.323.8207 • TDD 760.864.9527 Marcus.Fuller@palmspringsca.gov • www.palmspingsca.gov February 28, 2017 Albert Grover & Associates ATTN: Mark Miller 211 E. Imperial Hwy., Suite 208 Fullerton, CA 92835 Re: On-Call Traffic Engineering Services Professional Services Agreement No. 6442 Dear Mr. Miller: The referenced agreement expired on November 18, 2016 and in accordance with Section 3.4 of said Agreement may be extended at the discretion of the City Manager. This is to inform you that we wish to extend the Agreement for an additional year to November 18, 2017. This is the first of 2 one year extensions provided for in said agreement. If you have any questions or concerns regarding the extension of this agreement please contact me at your earliest convenience. c n N C. T o � Sincerely, m o .0 ax T N vn 6Marus L. Fuller M m Assistant City Manager/City Engineer L7 3< Nm Approved by: ram-' cn David H. Ready, Ci ager Date Please sign and return to the City of Palm Springs to agree to extending Agreement 6442 for one (1) year endi g Nove er 18, 2017. 3/k/(7 Albert Grover & Associates IDate cc: Engineering File Chron PO Box 2743, Palm Springs, California 92263 1 ill CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT ON-CALL TRAFFIC ENGINEERING SERVICES THIS PROFESSIONAL SEj2xICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this day of _UY. , 2013, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City') and Albert Grover & Associates, (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the"Parties." RECITALS A. City has determined that there is a need for As-Needed, "On-Call" Traffic Engineering Services for a variety of future public works projects, (hereinafter the"Project"). i B. Consultant has submitted to City a proposal to provide As-Needed, "On-Call" Traffic Engineering Services for a variety of future public works projects to City pursuant to the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit 'A," which is attached hereto and is incorporated herein by reference (hereinafter referred to as the "Services" or Work"). As a material inducement to the City entering into this Agreement, Consultant represents and warrants that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required hereunder. For purposes of this Agreement, q p � the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2)the Scope of Services; (3) the City's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Consultant's Proposal, which are both attached as Exhibits "B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the Citys Request for Proposals and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Page 1 of 16 Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (15t) the terms of this Agreement; (2nd) the provisions of the Scope of Services (Exhibit"A"); as may be amended from time to time 3`d the provisions of the Ci 's Request for Pr th( ) P t Proposal Exhibit "B" • and 4 the provisions of the tY q P ( ), , ( ) Consultant's f .""Proposal Exhibit C P ) 1.3 Compliance with Law,. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable Cal/OSHA requirements. 1.4 Licenses, Permits. Fees and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder. 1.6 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City s own negligence. 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Performance of Services. City Manager or the Public Works Director of the City, as provided in Section 2.1 of this Agreement, shall have the right at any time during the term of this Agreement to order the performance of services as generally described in the Scope of Services to perform extra or additional work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No Work may be undertaken unless a written order is first given by the City Manager or the Public Works Director to the Consultant, incorporating therein the identification and description of the Work to be performed, a maximum or not to exceed amount for such Work, and the time to perform this Agreement. Page 2 of 16 1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, at seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attomeys'fees, incurred by City. 2.0 COMPENSATION 2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that the scope of services required by this Agreement will vary dependent upon the number, type, and extent of the services or work the Consultant shall provide; and no guarantee of the extent or the type of services required of Consultant under the terms of this Agreement is made by the City. The annual level of services required by this Agreement is unknown, and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of Public Works capital projects requiring the Consultant's services has not been identified for this contract, City and Consultant hereby acknowledge and agree that a specific "Maximum Contract Sum" shall be imposed on each separate project that the City may assign Consultant as provided in Section 1.8 and in this Section 2.1. Each such separate project shall be identified as a Task Order or a Purchase Order authorized by the Director of Public Works/City Engineer or the City Manager as provided in this Section 2.1. For the services rendered pursuant to this Agreement, the Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "D" and incorporated herein by this reference. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment for time and materials based upon the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D", or (iii) such other methods as may be specified in the Schedule of Compensation. Compensation shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense, and all other necessary expenditures required to perform the professional services under this Agreement. Compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation therefore_ It is expressly agreed that the maximum contract amount of this Agreement is undefined, and is subject to the number and type of Public Works capital projects requiring the Consultant's services throughout the duration of the term of this Agreement, if any. Consultant shall be entitled to compensation in accordance with separate City authorized "Task Orders° (Purchase Orders)with corresponding Not-to- Exceed payment amounts established pursuant to the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "W. Consultant's compensation shall be limited to the amount identified on each separate, individually authorized Task Order corresponding to a City Project requiring the services of the Consultant. By approval of this Agreement, the City Council hereby authorizes the subsequent approval of individual Task Orders (Purchase Orders) in those amounts sufficient to cover the cost of required services (pursuant to Schedule "D") necessary for Public Works capital projects. Subject to existing Page 3 of 16 cost limits established by municipal code. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45)days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a)to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement. If such appropriations are not made, the City Manager may terminate this Agreement as provided in Section 8.3 of this Agreement; otherwise, there shall be no funding for any work or services and Consultant shall not be entitled to payment for an work or services that Consultant may provide. P Y Y Y 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance for each Task Order. 3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shelf perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s)specked in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty(180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time period(s) specked in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant(financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay, The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages Page 4 of 16 against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section. 3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for three (3) years. At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2)additional one (1)year terms. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Mark Miller. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City j to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Aaainst Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, n r po an art thereof, nor an monies due hereunder, voluntarily Y P Y or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City. 4.4 Independent Contractor. A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity Page 5 of 16 and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not Incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subcontractors, or agents, Consultant shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement Page 6 of 16 providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder, In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended 'tail' coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. if Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00)and two million dollars($2,000,000.00)general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00)for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of$10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. Page 7 of 16 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: 5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary insurance as respects City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.4 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 5.3.6 Consultant agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard. 5.3.8 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10)days prior Page 8 of 16 i to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or Impairs the provisions of this section. 1 5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coveraae. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured..." ("as respects City of Palm Springs Contract No.—. or "for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have..." ("as respects City of Palm Springs Contract No. or "for any and all work performed with the City' may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or Page 9 of 16 i liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 6. INDEMNIFICATION 6.1 To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of [imitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 6.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement"and Consultant is a "design professional" under California Civil Code Section 2782.8, then: A.To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials. Officers, employees, agents and volunteers. B. Consultant shall reimburse the Indemnified Parties for any reasonable expenditures, Page 10 of 16 including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified Claims, whether or not Consultant is named as a party to the Claim proceeding. The determination whether a Claim "may arise out of, pertain to, or relate to Indemnified Claims" shall be based on the allegations made in the Claim and the facts known or subsequently discovered by the Parties. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. C. The Consultant shall require all non-design-profession sub-contractors, used or sub- contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in favor of the Indemnified Parties. In additions, Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 7. REPORTS AND RECORDS 7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the Cilys sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Page 11 of 16 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be j released by Consultant without City's prior written authorization. i 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three(3)years from the date of final payment by City hereunder. B. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of rP this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Termination. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60)days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine. 8.4 Default of Consultant. A. Consultant's failure to comply with any provision of this Agreement shalt constitute a default. B. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may Page 12 of 16 designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.3, C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.B, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided herein. 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Parry of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. Page 13 of 16 i 9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement. i 9.3 Covenant Against Discrimination. In connection with its performance under this j Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. Consultant 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, or national origin. 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. 1 10. MISCELLANEOUS PROVISIONS i j 10.1 Patent and Copyright Infrinnement. i A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultants expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant's consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier, (li)five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages Page 14 of 16 i I i i are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To Citv: City of Palm springs Attention: City Manager 3200 E. Tahquitz Canyon Way Palm springs, California 92262 Telephone: (760)323-8204 Facsimile: (760)323-8332 To Consultant: Albert Grover&Associates Attention: Mark Miller 211 E. Imperial Hwy, Suite 208 Fullerton, CA 92835 Telephone: (714)992-2990 Facsimile: (714)992-2883 i 10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors In Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto. 10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. (SIGNATURES ON FOLLOWING PAGE) Page 15 of 16 IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be executed the day and year first above written. ATTEST: CONTENTS APPROVED: CITY OF PALM SPRINGS, CA Y ICity Clerk City ana Date: 1 f J f Sj 20 r3 Date: APPROVED BY Cr,YCCI!"lSfL By Ci y Engineer a 11 b 1 a Pb �r Date: APPROVED TO FORM: APPROVED BY CITY COUNCIL: By Date: Agreement No. City Attorney Date: ��'�7�` 79/3 CONSULTANT Name: Albert Grover&Associates Check one:_Individual_Partnership Corporation Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. Address: 211 E. Imperial Hwy, Suite 208 Fullerton. CA 92835 By: By: �=O !� �1 �✓ Sign lure (notarized) Signature J (notarized) Pa Name: (lV\J�2 i� r Name: leOJ1t/-14. A uB��J Title: 9yA , 1cL piestc�ev� Title: 64 //O�ie Page 16 of 16 j CALUFORMIA ALL-PURMOSE ACKNOWLAsL?ctMENT stagy of Calvomia County Of on trewrame, Y-�� Sam rw� ar " Personallyappeared_�C]_ who prnaed to no on the basis of satisbofiwy a*Wm to NATALI EID be 87B permaro Whose nam Q Wam armed to the Camlil NAion 12030591 %am bmrument and a0mowtedged to true that heM ',I z gnat Notary Public•CalifCaliforniaea�rxifed pte Santa in rlmd Orange County end by 9n 1hA My Cow. Jul 20.2017 mumert Ate pemna or the a" Pon baltam of Which the persor0amd,eseaulad the InArumeri!L I oarWy under PENALTY OF PERJURY tattler fha taws of the am of California that the 110mlo"RAWraph Is tree and ate. WffNES FXand vtowoagsw mow "` 3 .v AowrR�' QPTIOA 4L _ T/rot�rawbafawkrmtragWod6rt�emaYArorbrmYrableropersanamrtrodoaareerd " eodmYfperarfhar�ewralarrd�nty8skxmro�ro(hardadurrrmc Description of AtiatW Daxa mim 'I1tle orlyps al Oornune<rt Goaxmrerrt fla5u: wrbw of Pagan Mgm*)Other n an fined Mme: cumud by a) 0griers Nerm "netir Name D Individual a Inrsrldual ❑ Caq]OWt3MM—TMB* 00Nryo (goffllogr—Mileig. O Partner—0Umted 0Gor*rel ❑Partner—OLGnded 0Claoild 0 AHoft In Fact rrnaa,mr,rr�e 0AtiuneylnFact apdanrmaerw O m sba C1h ies 0 Ouardlmt or Conaervabr, ❑Gwardian or Comeraw ❑ Other. p Q9rarc Stgner to Represwilrrg mgmer is pa precerlIv. _ OrgerlriperyAnAeiunrreeRSabM4rr4Reat0e.d�rvy0A e1s1reWr+w�ollYpeY a.narer rtratlmoa76ant1arlef6aeR I EXHIBIT "A" SCOPE OF SERVICES Consultant shall provide As-Needed, On Cali Traffic Engineering Services to the City of Palm Springs Public Works& Engineering Department.These services will be on an intermittent as-needed basis. The scope of work is generally described as follows: i Provide peer review of traffic impact studies. Provide Design of Plans, Specifications and estimates for traffic signal, striping, geometries, construction phasing and detour plans. i Consultant may assist the City with various assignments including but not limited to: i 1. Provide registered engineer for preparation of all requested plans, reports or opinions. 2. Understanding of current state and federal law with respect to the Manual of Uniform Traffic Control Devices, Caltrans, and California Vehicle Code. 3. Preparation of traffic volume, speed or other traffic engineering studies as requested by City. Consultant shall, upon request of City, provide proposal for the requested project.The proposal shalt include Not to Exceed Cost based upon Exhibit D hourly rates, time for completion and schedule of work. At the conclusion of each project, Consultant shall submit to City a project completion file which contains all required project information, forms, certifications, communications, utility contacts, etc. An electronic version of the project plans and specifications (if any)shall also be submitted in accordance with City requirements as well as 24"x36"mylar drawing, signed and stamped. Work shall include"kickoff and periodic coordination meetings. Billings shall be monthly. Responsibilities of the City: 1. The City will direct the development of individual projects in writing, provide management oversight, coordinate with third party consultants as needed and conduct administrative arrangements. 2. The City will provide Consultant with a brief scope of work for speck federally funded and/or locally funded projects as needed for City projects for Consultant's use in preparing a cost and time schedule estimate based upon billable hours and rates pursuant to this Agreement. If satisfactory, the City shall provide a written acceptance of Consultant's estimate and issue a separate Notice to Proceed as a Task Order. Alternately, the City may issue a Task Order to perform work without an estimate due to the nature of the project. All work will be based on the approved agreement. 3. The City will pay an agreed upon amount normally within 30 days after receipt of an approved invoice(s). The City may retain 5% of each invoice on as case by case basis for Task Orders that have been negotiated based on scope of work if the City feels it is appropriate. 4. The City will not be able to provide dedicated workspace facilities i.e. office space. 5. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. END OF EXHIBIT"A" j i Exhlbit"A" Page 1 of 1 EXHIBIT "B" CITY'S REQUEST FOR PROPOSALS Pages 1-9 CITY'S REQUEST FOR PROPOSALS FOLLOWS THIS PAGE i I i j i CITY OF PALM SPRINGS, CA NOTICE INVITING REQUEST FOR PROPOSALS For ON-CALL TRAFFIC AND/OR CIVIL ENGINEERING DESIGN SERVICES (RFP 01-14) NOTICE IS HEREBY GIVEN that Request for proposals (RFP 01-14), for providing On-Call Traffic and/or Civil Engineering Design Services for the Cityof Pal m Springs, receivedtahq CA will be at the Office of Procurement & Con Contracting, City Hal! 32 9. tY 00 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. Local Time, THURSDAY, AUGUST 22, 2013. Proof of receipt before the deadline is a City Of Palm Springs, Division of Procurement and Contracting timeldate stamp. It is the responsibility of the Proposer to see that any proposal sent through the mail, or by any other delivery method, shall have sufficient time to be received by the Procurement Office prior to the proposal due date and time. Note that City Hall is open Monday thru Thursday and is closed every Friday, weekends and holidays. Late proposals will be returned unopened. DESCRIPTION OF WORK: The work is comprised of providing on-call,as-needed professional Traffic and/or Civil Engineering Design services for various capital Improvement projects located throughout the City. It is expected that multiple firms will be selected in this process and will be on-call for up to a five(5)year period. OBTAINING RFP DOCUMENTS AND REGISTRATION: The RFP document may be downloaded via the Internet at the following direct page link tt a/www. alms rin s ca, ov lode .as x? a = 5 (or by visiting www oalmsOringsca cov and clicking on Government, then Departments, then Procurement and then open Bids aril Proposals). Upon downloading the document it is IMPE RATIVE that you contact Cher yl Martin Procurement Specialist I, via email at Cheryl MartinCcAoalmsoringsca,gov or by phone at (760) 322-8373 to OffiGall re ister for this s Gfic ro'ec with your company name, address, phone, fax, contact person and email address. Failure to officially register may result in not receiving addenda to the RFP. Failure to acknowledge addenda to the RFP may render your proposal as non-responsive: SELECTION PROCESS AND AWARD OF CONTRACT: This solicitation has been developed in the Request for Proposals (RFP) format. Accordingly, firms should take note that multiple factors as identified in the RFP will be considered by the Evaluation Committee to determine which proposal(s) best meet the requirements set forth in the RFP document PRICE IS NOT EVALUATED AS PART OF THE EVALUATION CRITERIA. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council. The selected firm(s)will be required to comply with all insurance and license requirements of the City. All expenses associated with the preparation, submission of an RFP proposal to the City, or participation in any presentations, interviews or any other element of the RFP process shall be the sole financial responsibility of the Proposer. Craig L. Gladdens, C.P.M. Procurement and Contracting Manager July 24,2013 1 I . I i I S Yby, r09. �4t IFpAN�� CITY OF PALM SPRINGS, CA REQUEST FOR PROPOSALS#01-14 for ON-CALL TRAFFIC AND/OR CIVIL ENGINEERING DESIGN SERVICES Request for proposals (RFP 01-14), for as needed; on-call, professional Traffic and/or Civil Engineering Design Services to the City of Palm Springs, CA will be received at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME, THURSDAY, AUGUST 22, 2013. It is the responsibility of the Proposer to see that any proposal sent through the mail, or any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability of RFP proposals- Telegraphic, telephonic, faxed, emailed or other electronic or media transmission of RFP proposals will not be accepted. Late RFP proposals will be returned unopened. Failure to register as a Proposer to this RFP process per the instructions in the Notice inviting Request for Proposals (under "Obtaining RFP Documents")may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowiedge Addenda may render a proposal as being non-responsive. We s_ tronoly advise that interested firms officially register per the instructions provide in the Notice. 1. BACKGROUND INFORMATION AND GENERAL DESCRIPTION: The City is seeking proposals from.qualified professional Traffic and/or Civil Engineering Design firms to establish a list of on-call design firms to work on a variety of capital projects within the City boundaries. The city anticipates that projects will range from various Traffic engineering Rams(signal warrants, signal design,collection of traffic counts and turning movements, etc.)to small and large Civil Engineering design projects related to roadways and various City facilities. Just as projects will range in size the City realizes that design firms will also range in size and capability. To that end the City will be looking to find firms that do just traffic engineering, firms that do just civil engineering design and firms that have combined capabilities to do both. The City of Palm Springs Is a Charter City in eastern Riverside County, CA with a population of over 48,000. Examples of the types of projects that may be Contemplated under this contract for design services may include, but are not limited to, the following: traffic signals, drainage projects, curb and gutter work, redesign of parking lots, street improvements, preliminary planning and cost estimating for existing and future projects, etc. Note that projects utilizing Federal Funds and special grant sources will not be covered by this RFP. Cost estimates for any of the potential projects listed above are not available at this time as these projects are not yet approved. The CRY exclusively reserves the right to select and assign a successful firm from the RFP process (or firms ff desimcp for each project as it determines is In the best Interest of the City and the specific project As the projects remain unapproved at this time and will vary in size and scope, there Is no guarantee of work nor is there any Implied or promised rotation method for project assignments. 2 2. PROJECT OBJECTIVE AND SCHEDULE The objective of this solicitation is to hire a firm(s) or individual(s) to provide, on an as-needed basis, traffic and/or civil engineering services for various projects on behalf of the City. Traffic and/or Civil Engineering Design services are expected to be required over the next five- year period and a contract(s) shall be negotiated for whatever term is determined to be in the best interests of the City. RFP SCHEDULE Notice for Request for proposals posted and issued ..........................Wednesday, July 24, 2013 Deadline for receipt of Questions............................3.00 P.M.,Wednesday, August 14,2013 Deadline for receipt of Proposals................................3:00 P.M.,Thursday, August 22,2013 Short List/Interviews, 'ff desired by City....................................... Contract awarded by City Council........... ..:.................to be determined ..................... ...........................to be determined NOTE. There will NOT be a pre-proposal conference for this procurement. *Dates above are subject to change. 3. SCOPE OF SERVICES The SCOPE OF SERVICES and principal responsibilities may include, but are not limited to,the following:(all services may or may not be necessary on each project) 1. Stone drainage projects — Miscellaneous storm drainage improvement projects as determined by the Public Works staff. 2. Street Improvement projects. 3. Preliminary planning and cost estimating for capital improvement projects. 4. Right of Way Clearance. 5. Environmental Clearance for CEQA. 6. Traffic Signal Design. 7. Provide traffic signal warrants and other warrants as requested. 8. Provide various traffic studies and technical documentations such as speed surveys, traffic counts,turning movements,etc. 9. Act as the City of Palm Springs representative on contract document interpretation and related contract matters during construction of projects. Typical duties may include, but are not limited to the following: 1. Prepare or examine engineering plans, specifications, designs, cost estimates, bid proposals and legal descriptions for a variety of construction and maintenance projects. 2. Serve at the discretion/direction of City Engineer on a variety of construction or capital improvement projects Including difficult engineering work. 3. Represent the City in meetings with contractors, developers; other agencies or the public. 4. Review/evaluate complex plans prepared by developers, consultants, utilities and others. 5. Perform contract administration functions, negotiations on behalf of the City, and recommend change orders when applicable. it will be the responsibility of the successful firm(s) or consultant(s) to determine the necessary staffing level required to perform the scope of services. The City Will NOT provide dedicated work space or office space, city staff or city resources, printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. 3 Material testing and field inspection services are NOT part of the scope of services under this agreement and will be contracted for separately as needed. The successful firm(s) or consultant(s) will, however, be required to work closely with and coordinate these efforts with the contracted firms providing such services on each project. 4. PRIOR CITY WORK If your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation P anon committee. All firms r u sole)rrr are evaluated on the in formation contained ed in their proposal, information obtained from references, and ; presentations if requested. All proposals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past projects. i 5. SELECTION PROCESS AND EVALUATION CRITERIA The City of Palm Springs is utilizing a Qualifications Based Selection process to select a firm to provide the professional services requested by this RFP. The City shall review the proposals submitted in response to this RFP, and a limited number of firms may be invited to make a formal presentation at a future date, if desired by the City. The format, selection criteria and date of the presentation will be established at the time of short listing. Preparation of proposals in reply to this RFP, and participation in any future presentation is at the sole expense of the firms responding to this RFP. This solicitation has been developed in the "Request for Proposals" (RFP)format. Accordingly, firms should take note that the City will consider multiple criteria in selecting the most qualified firm(s). Consistent with Federal, State and Local laws for the acquisition of professional services, price is NOT an evaluation criteria. Cost proposals submitted in separate sealed envelopes are not opened, nor considered during proposal evaluations. Upon selection of the most qualified firm(s), the associated cost proposal will be used as a basis for contract negotiations. Contracts shall be negotiated on the basis of the submitted Cost Proposal, and in consideration of reasonable and mutually agreed project costs and time requirements. Should successfui negotiations not occur with the highest ranked firm(s), the City may, at its sole discretion, choose to enter into negotiations with the other firms in descending ranking order, if so desired. Firms are requested to submit their proposals so that they correspond to and are identified with the following specific evaluation criteria: A. Firm Qualifications, Experience and Background(35 POINTS): B. Understanding Traffic and/or Civil Engineering Design processes 35 POINTS C. References and Experience with Projects of Similar Size and Scope (26 POINTS) D. Local Expertise Demonstrated on the Team (5 POINTS): Firms that qualify as a Local Business,or employ local sub-consultants, and submit a valid business license as more fully set forth in Section DA below, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five (5) points, will be awarded to those that qualify as a Local Business. Two(2) points will be awarded to a non-local business that employs or retains local residents and/or.firms for this project Non-local firms that do not employ or retain any local residents and/or firms for this project shall earn zero(0)points for this criteria. 6. PROPOSAL CONTENTS AND SPECIAL CONDITIONS Firms are requested to format their proposals so that responses correspond directly to, and are identified with, the specfic evaluation criteria stated in Section 5 above. The proposals must be In an 8'/2 X 11 format, may be no more than a total of twenty five (25) pages(sheets of paper, double sided Is O1Q, including an organization chart, staff resumes and appendices, and cover letter. NOTE: Dividers, Attachment "A", Addenda acknowledgments, and the Cost Proposal (1n a separate sealed envelope) do NOT count toward the 25 page limit. Interested firms shall submit SIX 16) conies(one marked,"Orloinal" plus five conies)of its proposal by the deadline. 4 i ! j All proposals shall be sealed within one package and be clearly marked, "RFP #01-14, REQUEST FOR PROPOSALS FOR ON-CALL TRAFFIC AND/OR CIVIL ENGINNERING DESIGN SERVI ES'. Within the sealed proposal packs ;' the Cost Proposal shall be separately sealei(from the Qualifications/Work Proposal. Pr sals not meeting the above i criteria may be found to be nonresponsive. Each proposal package must include two separately sealed envelopes: ENVELOPE #1, clearly marked "Qualifications/Work Proposal", shall Include the following items: • Completed Signature authorization and Addenda Acknowledgment(see Attachment A) • Your response to the evaluation Criteria A through D as provided below. ENVELOPE#2, clearly marked"Cost Proposal",shall include the following item: • List the hourly rate for all classifications of personnel who may work on a City Project. • Provide an hourly rate for a two man survey crew if your firm has such on-staff. • List any reimbursable expenses the City may incur. • List any additional costs, such as drive time, that the City may incur in conjunction with the performance of Design Services. • Do NOT Include Attachment "A" in the Cost Proposal envelope. Attachment "A" is to be included in Envelope#1,QualiBaationsfWork Proposal. At a minimum, firms must provide the information identified below. All such information shall be presented in a form that directly corresponds to the numbering scheme identified below. I SECTION A.-FIRM QUALIFICATIONS, PROJECT TEAM, EXPERIENCE AND BACKGROUND At State your firm's complete name, type of firm (individual, partnership, corporation or other), telephone number, FAX number, contact person and E-mail address. If a corporation, indicate the state the cor poration was organized under. A.2. State the name and title of the firm's principal officer with the authority to bind your company in a contractual agreement. A.3 Describe your firm's background and qualifications in the type of effort that this project will require, specifically Identifying experience with providing design services for public agencies. A.4 List the name, qualifications and availability, of the key staff/team members that will be assigned to this project. Provide detailed qualifications of the lead Representative or Project Manager that will be assigned to this project. AS Indicate the name of any sub-consultant firms that will be utilized to make up your team. Describe each sub-consultant's background and specific expertise that they bring to this project, A•6 Indicate whether you are submifting for Traffic Engineering Design Services, Civil Engineering Design Services, or Traffic and Civil Engineering Design Services. i SECTION B: UNDERSTANDING TRAFFIC AND/OR CIVIL ENGINEERING DESIGN METHODOLOGY 8.1 Describe In detail the steps that your firm would follow to provide design services, including your work plan process and methodology. 5 B.2 Identify your ability to ensure that projects are designed within your client's budget and the measures taken in successfully completing all phases of a project. B.3 Identify project management tools you propose to use to keep both your own staff on track and the City staff cognizant of current project status. B.4 Identify a design project, carried out in a desert environment, for which your firm and the staff fo proposed r this contract provided you Design Services, and describe how Y applied lied your firm's skills and abilities in the following areas: (a) Responsiveness and attentiveness to client needs; (b) Creative ability; (c) Knowledge and understanding of the latest construction trends; (d) Analytical capability; (a) Oral and written communication skills; (f) Interaction with client's organization, i.e., other divisions and personnel (g) Sensitivity to funding constraints i 8.5 For the potential projects that were briefly described in Section 1 "Background and General Information", please comment on, and identify, any potential problems (if any) associated with these projects that you anticipate based only on the limited information provided, and how you would work with City staff to avoid or resolve them. SECTION C: REFERENCES AND EXPERIENCE WITH PROJECTS OF SIMILAR SIZE AND SCOPE CA Provide a minimum of three (3) references for recently completed Design Services for Projects of a similar size and scope where the key personnel identified above provided the professional services required. At least two(2)of the references shall be for public/government agency projects preferably in a desert climate. Provide contact information, including full name and a current phone number,for each project identified. C.2 For the representative successful projects completed, explain,what key issues/challenges you faced and how you solved them. Also,please comment on the project budgeting for each. SECTION D: LOCAL EXPERTISE DEMONSTRATED ON THE TEAM DA Pursuant to.the City of Palm Springs Local Preference Ordinance 1756, in awarding i contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term "Local Business" is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or Proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day4o-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" Is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bemaidino Mountains on the east and north. For the purposes of this definition, "Coachella Valley' includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. The contractor or consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and subconsultanfs for work associated with the Proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible. 6 i In ord er a business to be eligible to claim the pr eference,eference the in u b s ess MUST request the Preference in the Solicitation response (see Attachment A) and provide a copy, of its current buss ess license for of tho a it employs for this ro ectfrom a lurisdiction In the Coachella Valley,with its proposal. D.2 List all team members with local expertise. Clearly define their role in the overall project. DEADLINE FOR SUBMISSION OF PROPOSALS: All proposals must be received in the City of Palm Springs, Division of Procurement and Contracting office by .3:00 P.M.. LOCAL TIME, THURSDAY. AUGUST 22 2013. Proof of receipt before the deadline is a City of Palm Springs, Division of Procurement and Contracting timeldate stamp. It is the responsibility of the Proposer to see that any proposal sent through the mail, P g atl, or by any other method, shall have sufficient time to be received b the Procurem ent Y Office prior to-the proposal due data and tim e. Late proposals will be returned to the Proposer unopened. Proposals shall be clearly marked and ide ntified and must be submitted in.a sealed package to: i i City of Palm Springs Division of Procurement and Contracting 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Craig L.Gladders, C.P.M., Procurement&Contracting Manager PLEASE NOTE THAT PALM SPRINGS CITY HALT. IS CLOSED EVERY FRIDAY, AND THEREFORE IS NOT ABLE TO ACCEPT, TIME OR DATE STAMP ANY PROPOSALS ON FRIDAYS (OR WEEKENDS AND HOLIDAYS). PLEASE TAKE THIS INTO CONSIDERATION WHEN DELIVERING A PROPOSAL BY THE DUE DATE AND TIME AS DEFINED IN THIS DOCUMENT. QUESTIONS?: Proposers, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member,or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a proposal ANY questions, technical or otherwise, pertaining to this request for Request for Proposals must be submitted W WRITING and directed ONLY to: Craig L..Gladders, C.P.M. Procurement&Contracting Manager 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Cmig-gildders0i)almspringsea.gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions Is 3:00 P.M.. l Time Wednesday, Auqust 14 2013 Questions received after this date and time may not beLoca answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without lega)or contractual effect. FORM OF AGREEMENT: The successful firm(s) will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs In accordance with the standard Professional Services Agreement — provided as Attachment "B" hereto. 7 i Please note that the Exhibits in the sample contract are intentionally not complete and will be negotiated with the selected firm and will appear in the final Professional Services Agreement executed between the parties. Any exceptions to the language contained in the RFP document, sample agreement, including the Insurance Requirements, MUST be included in the proposal and clearly defined and may be considered in the evaluation process. Failure or refusal to enter into an Agreement as herein provided, or to conform to any of the stipulated requirements in connection therewith, shall be just cause for an annulment of the award. If the highest ranked firm refuses or fails to execute the Agreement, or negotiations are not successful, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked firm,and so on. AWARD OF CONTRACT: It is the City's intent to award multiple contracts to firms that can provide the on-call services identified in the RFP document However, the City reserves the j right to award a contract to multiple Proposers or to a single Proposer, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm(s) to be recommended for award and a contract has been negotiated and agendtzed for consideration. The decision of the City Council will be final. The City exclusively reserves the right to select and assign a successful frnn from the RFP process (or Arms if desired)for each project as it determines Is In the best interest of the City and the specific project. As the projects remain unapproved at this time and will vary In size and scope, there is no guarantee of work nor is there any implied or promised rotation method for project assignments. i Please note: this RFP does not necessarily identify each specific, individual task required to successfully and completely implement this proposed scope of services. The City of Palm Springs relies on the professionalism and competence of the selected firm to be knowledgeable Of the general areas identified in lie scope of work and to consider in its proposal all materials, equipment,required tasks and subtasks, personnel commitments, man-hours, labor, direct and Indirect costs, etc. The City of Palm Springs will not approve addenda to the selected firm's agreement which do not involve a substantial change from the general scope of work identified In this RFP and the resulting final negotiated scope and pricing. INSURANCE: Insurance provisions are contained in the Professional Contract Services sample agreement included in the RFP. The successful Proposer will be required to comply with these provisions. . It is recommended that Proposers have their insurance provider review the insurance provisions BEFORE they submit their qualifications. I i RESPONSIBILITY OF PROPOSER: All proposers shall be responsible. If it is found that a j proposer is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP without an authorized signature, falsified any information in the proposal package, etc.), the proposal shall be rejected. PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 of seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solloltation, may be made public after the review process has been completed, negotiations have concluded and a recommendation for award has been officially agendized for City Council consideration, arid/or following award of contract to a specific firm or firms, If any, by the City Council. COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any costs incurred by any proposer in the preparation of their proposal or participation in any presentation or interview if requested,or any other aspects of the entire RFP process. 8 BUSINESS LICENSE: The successful firm will be required to be licensed in accordance with jthe City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Tax". PROPOSAL INFORMALITIES OR DEFECTS: The Cityof Palm Springs reserves the right to 9 waive any informality or technical defect in a an proposal d to accept,or reject, in whole or in part, any or all and to see proposals knew proposals, as best serves the interests of the City. INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the proposer to perform the Work and the proposer shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by or investigation of such proposer fails to satisfythe C' that such proposer is properly dY p p p pe y qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted to mean.that proposer has herebyagreed 9 to all the terms and conditions.sat forth in all of the sheets which make up this Request for Request for proposals, and any attached sample j agreement. Exceptions to any of the language in either the RFP documents or attached sample agreement, including the insurance requirements, must be included in the proposal and clearly defined. Exceptions to the Ci s RF P ty P document or standard boilerplate language, insurance requirements, terms or conditions may be considered in the evaluation process. i i 9 i i EXHIBIT "C" CONSULTANT'S PROPOSAL i i i i CONSULTANT'S PROPOSAL FOLLOWS THIS PAGE i i` a a � d gr �:Y';. •.: ,��-r �, +�tea � `z�"*"�ry 1i /A� L—],.L13ERT f'!ROVER & Assoc>�.TEs August22,2013 Mr.Craig L.Gladders,G.P.M. Procurement&Contracting Manager City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs,Callfomia 92262 Re) Statement of Qualffieations/Proposal to Provide On-Call Traffic Engineering Services Dear Mr.Gladders: Albert Grover &Associates (AGA)is pleased to respond to the City of Palm Springs Request for Proposal (RFP)dated July 24,2013,to provide On-Cap Traffic Engineering Services. Enclosed please find the original and five copies of our Statement of Qualifications/Proposal (RFP#01-14)to provide the services requested by the City. We feel that AGA is highly qualified to provide such services in a professional, timely and cost effective manner. Our SOQ/P describes our firm's traffic and transportation expertise and experience, including our engineering and operational technical support experience for &A agencies, and provides local agency references; describes the relevant experience of dedicated team members, includng summary resumes; details our understanding of the scope of services required and identifies key AGA staff members who will provide such services; and includes the required "Attachment A' form.As requested In the RFP,a schedule of hourly rates anticipated in order to provide the requested services has been submitted In a separate sealed envelope. It is important to emphasize that AGA is a full service consulting firm, i.e., we have in-house capability to provide all the traffic engineering services required by the City of Palen Springs. Our expertise in the fields of traffic engineering, transportation planning, hardware and software design, construction engineering and inspection, traffic signal operations and maintenance, and participation with Traffic Commissions, Planning Commissions, City Councils and the public enable us to accomplish all required tasks with minimal time requirements placed on the City staff. Additionally, all key senior staff members have previously worked for Public agencies,Including both Cities arid Caltrans.Mr.Mark Miller, P.E.,T.E.,PTOE,Executive Vice President who has been designated as AGA's Project Manager for the proposed City of Palm Springs services, has served as the City of Fullerton Contract Traffic Engineer for the past fifteen years. This experience serves to make him an ideal candidate to(lead AGA's team in providing on-call services to Palm Springs. AGA Presently has an on-call contract for engineering and traffic operations with the City of Montclair,effective since August 1993, and on-going contracts.wilh the Cities of La.Habra, Seal Beach, Loma Linda, Torrance, Lang Beach,Buena Park,Cerritos and Highland to provide skMar services.We also provide traffic engineering services for the City of Fullerton at City Hell for eight fours a week and for the City of Vatorville at City Hall for slxften hours a week. We have for many years provided engineering services to SMBAG and the vast _ TI ANCPORTAT[ON CONS1 IF JING ENOINARQ 211-&imperial Hwy.,Suite 209,Fullertoq CA 92835 (714)992-M FAX(714)992-21183 &Mall: aga®alberlgro eam Mr.Craig L. Gladders, C.P.M, August 22,2013 Page 2 t majority of the Cities In Riverside and San Bernardino Counties,to OCTA and nearly all of the cities in Orange t County,and to various cities in Los Angeles County on a project-specific basis. In addition to providing on-calf j Services, AGA also operates/monitors the traffic signal systems (totaling more than 350 signals) forr several Cities,including Montclair,Loma Linda,La Habra,Fullerton,Fountain Valley,Highland,Rialto,and Seal Beach, as well as the 650 signals included In SANBAG's Tier 1 &2 Project. AGWs in-house staff of nearly 20 people, Including both registered Civil Engineers and Registered Traffic Engineers, provide PS&E preparation anchor plan checking services, prepare bikeway signing/striping plans,forecastfuture traffic generation,conduct Level of Service(LOS)analyses,develop/review Traffic Impact Studies,address neighborhood traffic calming issues, develop and implement coordination timing plans,design signals and roadway signing/striping,conduct parking ' studies,design Traffic Management Centers,etc.(f.e„all services typically required by a City). AGA looks forward to working wilh the City of Palm Springs and serving as the City's traffic engineering consultant.This proposal is a firm offer for 90 days from the date of this letter,and I am authorized to act as the appropriate contact person on behalf of AGA for all contractual matters. I attest that all information submitted herein is true and correct. If you have any questions or require amplification on any aspect of our submittal, j please call me, i i Respectfully submitted, ALBERT GROVER&ASSOCIATES � i Rob Kuehn Director of PrgJecf Development Ra�+rr�a�nwac.anse,, e�acr•�m� I I i of CAMtWft TABLE OF CONTENTS hiRlpq Page WiMwons of Staff............................................................... -A-1 a"Understanding and Approach............................... B-1 ceand References......... .............. ....................... ..........-.......................C-1 se.................................................................................................. ... ........... ..D-1 APPENIMES Attachment A —Signature Authorization Quarkcations I SECTION A Firm and Staff Qualifications The City of Palm Springs has requested a Statement of Qualifications/Proposal to provide on-call traffic engineering services on an ongoing basis. Albert Grover & Associates (AGA) is a multidiscipline engineering firm specializing in municipal and transportation engineering. Through the utilization of today's most sophisticated computer-aided equipment by highly skilled and tenured professional engineers, AGA is able to provide its clients with quality, cost effective professional services in a timely manner. AGA's success can be attributed to the firm's commitment to provide clients with personalized, quality service. AGA's services are not just routine, but rather the application of experience and knowledge to first properly identify a problem and then to provide fhe Mott appropriate and cost-effective solution. Each project is carried out with the highest degree of pride SW Pr*sslonalism and a dedication to satisfy the client's need, AGA offers professional services that MW from the planning and conceptual design stage through the construction supervision and "as-built" tlepa,placing us among the forerunners in the total service concept. AGA Is not a company that provides only labor service for client designated tasks; rather, AGA provides a ho level of intellectual support to accomplish client objectives. AGA's unique blend of Civil Engineers, Tnft Engineers, and skilled technical field maintenancelmonitoring personnel provides a synergy that yploally results in project success beyond expectations. AGA,established in 1993 as a California corporation, is owned by Albert L. Grover, P.E., T.E. Our office is Welled at 211 East Imperial Highway,Fullerton, California. AGA's wide range of services offered can be d6Aded Into six primary areas of expertise: traffic engineering, day to day traffic signal operations, Vensportation planning, civil engineering/construction management, communication and control of traffic signals systems, and actual onsite City Traffic Engineer staffing. AGA possesses all of the necessary qualifications and experience required to successfully provide the services anticipated by the City, We fully understand the importance to the City of dealing with the development, implementation and coordination of various traffic and transportation engineering projects, as yeti as dealing with projects ranging from day-today neighborhood parking and traffic problems to "-range planning issues. Staff of AGA have completed many tasks similar or identical to those anticipated under this contract, acid have completed such tasks on time, within budget, and in a manner that meets all the requirements of the agency for which the work was completed, while at the same time plating minimal time and effort requirements on agency staff, We propose to utilize key senior staff members as managers for each anticipated task. AGA's Executive Vice President, Mr. Mark Miller, P.E. T.E,, PTOE, will be actively involved as the Project Manager under the proposed contract, will provide the. majority of the on-call services and will make any required presentations to various City Commissions and City Council. Mr. Fran Dunajski, T.E.,Senior Transportation Engineer, will be available to assist Mr. Miller on an as-needed basis, Additionally, AGA's entire staff will be available to provide specific required services vis-9-vis each individuars specific expertise,thereby optimizing service provided in an expeditious and economic manner. AGA staffs wide range of expertise is ideal to provide the City with nearly Instantaneous access to any area of traffic engineering expertise needed at any given time. j Lx- ;,,..; . qualifications ' AGA's staff has extensive experience id providing all of the services requested by the City of Palm Springs. Most key members of our staff have been working together as a team since 1990, completing for both government agencies and developers many different types of projects covering all areas of expertise potentially required by the City of Palm Springs. Our proposed team will be headed up by one of the firm's most experienced members, Mr. Mark Miller, P.E.,T.E.,PTOE, Executive Vice President,who will serve as the Project Manager for all proposed tasks, and has been designated as the Responsible Representative for AGA. As such, he will remain in charge through the contact period and will be the primary point of contact with the City of Palm Springs. Additionally, Mr. Fran DunaJski, T.E., j Transportation Engineer, will provide as-needed support to Mr. Miller and will serve as Alternate Representative. Mr. Miller will personally make any required public presentations to Traffic/Planning Commissions andlor City Council. All of AGA's support staff will report to Mr. Miller, who will be actively involved In the tasks comprising each individual project and/or study. Mr. klark MUler, Executive vice President of AGA, is a registered Civil and Traffic Engineer, as well as a OMIUed Professional Traffic Operations Engineer (PTQE) with more than 35 years' experience, including sawtp as the City Traffic Engineer for the City of Fullerton for the past frfteen years. As such, Mr. Miller has in exWlent understanding of not only the technical duties that are required of a City Traffic Engineer but N!o of the significant amount of interface required with other staff members,elected/appointed officials and fhe pu*. Mr. Miller has directed, supervised and conducted the day-today traffic engineering and frowportation planning functions that comprise the many tasks facing a City Traffic Engineer. He has rrtlllsn and reviewed Traificlmpact Studies for a wide variety of projects, including the development of I spomprlate mitigation measures and Conditions of Approval. He has directed the installation/maintenance of rift signals, signing, striping, markings, parking restrictions and other traffic controls; conducted waRant analyses for signals, stop signs, etc.; prepared/reviewed PS&E and Bid Packages for various traffic oftfhoedng Improvements, including signal interconnect projects; and conducted Citywide traffic control dovw Inventories. He has evaluated and responded to citizen and Council member inquiries and oomplalnts; attended community group and school meetings to resolve traffic related issues and problems; and made written and oral presentations to Traffic Commissions, Planning Commissions and City Councils. No has provided liaison with other City departments and other governmental agencies (OCTA, Caltrans, $GAG,other cities, and Orange County), and has participated in various workshops and served on various aft"committees. His familiarity with Southern California area transportation/traffic issues,development pWM and regional politics make him the ideal candidate to provide the bulk of the requested servloes to the CRT Of Palm Springs. Combined with support service from the remainder of AGA staff, any and all required experencee and expertise will be provided to the City of Palm Springs. W MMler s extensive operational experience includes actually operating the City of Montclair's traffic control sysum for the past ten years from AGA's offices in Fullerton. As is the case with the vast majority of AGA's Wft staff, Mr. Miller also has. prior public agency experience. He previously served as the City Traffic Dow for the City of Pomona, and Assistant Traffic Engineer for the City of Pasadena. while employed as City Trek Engineer for the City of Pomona,Mr.Miller was responsible:for a$3,0D0,000 operations and capital mprovemant budget and managed 14 subordinates in the traffic engineering division. His responsibility rroliidsd preparation of the traffic and transportation engineering budget, sheet light assessment and pi " districts. He was responsible for the maintenance of over 120 traffic.signals, U00 street lights and ow 300 miles of pavement markings and signing and made numerous presentations to commissions,councils Qualifications .ux1 neighborhood groups. Mr. Miller also is a fifteen year member and Past President of the City Traffic I rxlineers Association (CTEA). While with that organization, one of his key accomplishments was conducting vmAshops for-various Traffic Commissions and Planning Commissioners from throughout Souther California ui educate them on various aspects of traffic engineering. Mr. Miller presently spends eight hours per week +caving as the Contract Traffic Engineer for the City of Fullerton, conducting a wide assortment of tasks very vnidar to those anticipated in Palm Springs. I While Mr, Miller personally will be responsible for all studies, projects and designs, he will be supported by j oOw dedicated members of the AGA staff. in addition to Mr. Miller, the support staff includes Mr. Fran Oun*ki, T.E., Transportation Engineer, who will be available to provide on-call and/or on-site services in Mr MS9r's occasional absence; Mr. Al Grover, P.E., T.E., President and CEO of AGA, who will provide j o(W oversight and quality control for all projects/work products; Mr. Chad Veinot, Transportation lrgiimiling Associate, who will be Task Manager for Neighborhood Traffic Calming Projects;Mr. Chalap fadtm,P.E,T.E., Vice President,who will be Task Manager for Transportation Planning Projects; Mr.Greg tAfoag, P.E., Senior Transportation Engineer, who will assist Mr. Sadam in capacity and level of service WAW prOJe* and Mr. Leo Grimes, Senior Signal Systems Specialist, who will be responsible for provl ft support services for the City of Palm Springs traffic signal system. Each staff member will assist Mr. MWer In the preparation of reports, drawings, plan checking and other related work as required. A brief wnvr y of key staff members'experience is Included below. W. 101111 Dunajski, Transportation Engineer; is a registered Traffic Engineer with more than 30 years of OVOM O and extensive experience as a City Traffic Engineer conducting a wide spectrum of traffic and MiMMpdyNlon engineering projects. For sixteen years,Mr. Dunajski served as City Traffic Engineer for the City of N dirk e, where he directed, supervised and performed day-today traffic engineering, operational, and trelneporlltlon planning activities. He managed the four sections of the Traffic Engineering Division: ns Signal Design,PIW�atlo � Signal Main 9 9n, Maintenance, and Parisi Management, r9 Parking ag rent; reviewed and j 0 w*.Nd on eatfic impact study reports and land development plans;recommended the installation of traffic sip", ekipklg, pavement markings, parking restrictions, and other traffic controls; developed and www"400d the CitYs Neighborhood Traffic Management Program, evaluated and responded to citizen and C4 Cod requests and complaints; recommended and oversaw new signal installations and signal a12 1111111101111101 e;and developed Capital Improvement Program Budgets and General Fund Budgets for the Traffic Erlgt'reWV Division..Mr.Dunaiski made both written and oral presentations to the Parking,Traffic and Streets CCmnpWotb Planning Commission and City Council; made numerous presentations to neighborhood groups; prOvldld et�ett vritness testimony for lawsuits-against the City;provided liaison with Caltrans,ROTC,Riverside Court and various cities;obtained OTS, HES, CMAQ and SR2S grants; and directed safety studies for high eootlefN bc+lfions. i PO IQ hie tenure in the City of Riverside, Mr.Dunajski served as the Manager of Traffic Maintenance,Safety and TutbNhg for the City of Regina, Saskatchewan, Canada for four years. In this position, he managed all M"of the Traffic Operations Division of the Public Works Department. Mr. ANW Grover, President.of AGA is a registered Civil and Traffic Engineer with over 40 years' fi vilirWa. Mr. Grover personally developed many of AGA's traffic engineering software programs, nA*g WEBSTER, an interactive simulation and analysis program that provides for signal timing dovetopnleftt, Capacity analysis, queuing analysis, and Level of Service determination. He has managed f QuatifiCafions .uuUor conducted scores of traffic engineering and transportation planning projects throughout Califomia, including FETSIM projects for 16 separate grants involving over 500 traffic signals; has been instrumental Ui proposed development studies, parking studies, circulation studies, bike trail projects, street alignments, Unlfic signal installations, etc. Prior to forming AGA in 1993, Mr. Grover was Executive Vice President of MGA• where the key AGA staff members were also employed, for 13 years. Additionally, Mr. Grover rxnwously was the Director of Traffic and Parking for the City of Beverly Hills; Traffic Engineer for the City „r I(VIewood,where he implemented a computerized traffic control system operating 105 intersections from City Hall utilizing the UTCS software package; and Project Engineer for Caltrans' Los Angeles Area f maway Surveillance and Control Project, a test program to evaluate innovative ITS traffic control rochnques and devices, Mr. Grover was also the OCTA Countywide Advisor to the Traffic Signal Forum, a consortium of all Orange County Cities that developed various signal timing goals, procedures, etc. Hemm Mr, Grover also served as an active member of the Highway Capacity Manual Committee which deaioW the HCM 2000 and the HCM 2010,he witi also provide a link with national activities relative to signal opsrNbrn and roadway capacity issues. Mr. Grover served as Project Manager for the SANBAG Tier 1 and ttm 2 Pro)epfs to coordinate approximatety 650 signals in the San Bernardino Valley. Mr, Chad Veinot, TSOS, Transportation Engineering Associate, will assist Mr. Miller in addressing rarpnborhood traffic issues. Mr. Veinot has a wide range of traffic engineering and transportation,planning eayerfenoa, Including both field and office activities. Mr. Veinot has reviewed and prepared traffic studies; •vslusisd traffic signal operations;analyzed neighborhood traffic problems,developed alternative solutions, and Prowled results to neighborhood groups; prepared and presented staff reports; conducted public Ar*Wga; performed construction inspection; and conducted several traffic engineering and transportation pMrwetp studies Involving large-scale databases, including citywide speed survey projects. Mr. Veinot is 00 very familiar with the review/approval process for any State (Caltrans) and/or federally funded latpfpve phis relative to pedestrian access issues. Additionally, Mr. Veinot has.served as a member, $40ele masurer, and Chair of the City Traffic Engineers (CTE) Association. His involvement with CTE ee1Ml M conducting workshops to educate Traffic Commissioners and Planning Commissioners of cities ft0U$ ul Southem California on various.aspects of Traffic Engineering. W.OWW Sadam,Vice president,is a registered Civil Engineer and Traffic Engineer. He will be responsible br ebrlill gmk►g plan development and implementation, traffic impact studies, CMP monitoring and other Ms 0011lpon planning projects.He will be assisted by Mr.Greg Wong. W i/dem has more than 21 years' experience in transportation engineering/transportation planning. During Ow fea,hs has conducted over 50 traffic impact studies for projects varying from major shopping centers to arNelI aD w to large scale trucking projects. He is very familiar with the CMPs adopted by San Bernardino Co ft Los Angeles County, Riverside County,and Orange County,and was extensively involved in previous teAlpOAtirort planning forecasting and modeling for various projects in the City of Colton,City of Montclair and C*1 of FWWW. Mr. Sadam was the Project Manager for the North Montclair Specific Plan Project, the l;WA*Tlftlaportation Model for the Cily of Montclair, the City of Colton Empire Metreomall TIA, and various W*MC stt t throughout Southern California. Ak left Woo has extensive experience with signal timing.and with a wide variety of traffic engineering wftm Fie has developed coordinated timing plans for 36.sgnals in the Central Business District of Visalia; 42 apart In Palm Springs;260 signals on 25 arlarials for the GII project covering the Cities of Fountain vas10I Garden Grove,Huntington Beach;Seal Beach and Westminster,20 signals on Bastanchury Road and 16 sprats an Yorba Linda Boulevard in Fullerton,and 17 signals on Yucaipa Boulevard in Yucaipa.Further,he INNNNWWIP QiWfflcations ",w implemented signal timing at CS(;-T1 controllers for time base coordinated signals and Econolite, KiNuAlsonis and Traoonex central controlled systems as well as several 1701QuicNet Systems. Mr. .-Mmn also finalized timing plans for the 113 intersections that are part of AGA's Muliijurisdictional Signal r,nnng Project In Western San Bernardino County. Mr. Sadam also served as assistant Project Manager on l*Wi uw Tier I and Tier II SANBAG Coordination projects, and the current joint Breall-a Habra Lambert Road u r,Sp Prolecl, Mr Wp Wong, Transportation Engineer, will assist Mr. Sadam in Transportation Planning projects. Mr. +eon@ 11 a 1091E red Civil Engineer with fifteen years of planning and analysis experience including work in QP" ind level of service analysis, environmental impact report review and analysis, parking studies, and Y'Mfl{: NNW lady preparation and review. He has worked extensively on timing plan development utilizing a vw" of balk engineering software, including PASSER, WEBSTER and Synchro. Mr. Wong recently was wWYurnlrital In developing timing plans for 260 signals on 25 arterials in west Orange County, and assisted in irnwrq pier development for several projects in the-City of Fullerton. In addition to his timing development A 4". Mr. Wong has provided transportation planning services for a variety of projects such as land ON41101Ingrtll, ibs analyses, traffic impact studieslanalyses, parking and circulation analyses, and traffic NOON"end modeling. Mr.Wong has also been.responsible for annual CMP monitoring in both Montclair OV tkAMid.Prior to working for AGA, Mr.Wong worked for both the Niplel C'tyof Los Angeles and the Countyof Los M, lab 0111M,Signal Systems Specialist, will be available to provide support services relative to the City Of P Mn SPIrp'traffic signal system, including responding quickly to complaints regarding signal operational IrabllinM Ind determining if the problems are software or hardware related. While the City's signal contractor (CSC) is.responsible for responding to obvious hardware failure problems, some M W is detector failures, are not readily.identifiable as a hardware problem, but instead could OW it M to be timing problems. Mr. Grimes'overall twenty years'of experience in the field,including ten 00 da1001e tce with Signal Maintenance, Inc. (SMI), have enabled him to quickly identify actual causes of OOI0100bems, and to physically resolve many such problems on-site in an expeditious manner. His e4"Of I**M and hardware expertise has been a significant asset to AGA in the current operation of +NMMtltti bMl mt signal systems, Mr. Grimes presently performs AGA's ongoing operation services for San MIIMM1111111IO Cw*and the Cities of Montclair, Fountain Valley, Rialto, Loma Linda, Fullerton, and La Habra. A&V at mft of a Signal Systems Specialist, such as Mr. Grimes, allows us to achieve a high level of'on NW AS- a minimization of "down timel of coordination by bridging the gap between engineering and �1040 W.Mr. Grimes has been responsible for signal system oversight for a three year monitoring period Of Oa1111111106TAbly 650 signals, involving a large number of controllers similar to the controllers used in Palm N 0"be hoed that AGA staff have extensive experience and expertise in all phases and tasks required to 6i e/r9dlliied (or the proposed City of Palm Springs duties and responsibilities, To avoid developing 'tunnel VIIIW, IM( am Involved in planning, design, operations and consbucibn. We encourage staff to attend OIoMMtprW meet(ngs, lasses and seminars to stay abreast of the latest advancements, and to share our 1 0MMnON with our peers. Various staff members have recently authorized and presented papers at ITE 000110100096 Mid seminars on a wide range of topics,including the following; l - � r , QualifioaUons • "Three Year Experience withrFlashing Yellow Arrow Display" Presented at ITE Annual Conference,Anaheim, Califomia • "San Bernardino Valley Coordinated Traffic Signal System— Implementation of Tiers 1 and 2"Presented at ITE Annual Conference,Anaheim,California • "Orange County,California's Traffic Signal Coordination Program" Presented at ITE District 6 Meeting in Portland,Oregon • "Effectively Slowing Drivers—Speed Feedback Signs" Presented at ITE District 6 Annual Meeting, Honolulu,Hawaii • "Effectively Slowing Drivers—Speed Feedback Signs" Presented at ITE District 6 Annual Meeting,Honolulu, Hawaii • "Pedestrian Countdown Heads—The Final Countdown" i Presented at ITE District 6 Annual Meeting, Honolulu,Hawaii I • "Moderator and Chair" City Traffic Engineers Traffic Commissioner's Workshop • "Measures to Mitigate Impacts Associated with Temporary Closure of a Major Intersection In Orange County" Presented at ITE District 6 Annual Meeting, Honolulu, Hawaii • "School Area Traffic Safety" Presented at City Traffic Engineers Traffic Commissioners Workshop • "Developing Coordination Signal Timing Using Software as a Tool" Isrwented at iTE Southern Califomia and RSBTEA Seminars e 'Development of Traffic Signal Coordination Timing." Presented at the Riverside-San Bernardino ITE Section Workshop NgOrtsnl to note that key personnel will be available for the duration of the required services. No 01111 anated as°key°shall be removed or replaced without the prior written concurrence of the City of i 69. Appt»ach SECTION B Project understanding and Approach " to n po"ach to providing traffic engineering services to Palm Springs involves far more than simply hwurawq contract labor on an hourly basis. We consider it our function to serve as an extension of City .ram " wos as expert advisors to staff, forming an integrated team to creatively provide solutions to traffic a ww" and transportation planning problems. While Mr. Miller will provide the majority of the nwupamenl and long-term expertise required, our entire staff will be available and on-call at all times to servo 1v City. This Includes not only any scheduled meetings at City Hall for both public and City staff kww% but also attendance at evening City and neighborhood meetings as required, field studies and &Wftft VW d other required functions. IN My 48ped of our approach is that we will utilize our staffs extensive expertise and experience, eWOW vfa providing not only on-call traffic engineering services for the past 20 years, but also via eo WOA 80114ee as full time C' in City Traffic Engineers, including Mr. Miller's experience in Pasadena, Pomona OW fu%ft, Mr. Dunalskis experience in Riverside, Mr. Anwar Wagdy's experience in San Bernardino, 00 ktr Al tTrbWO ex perience rle ce in Ing lewood w xpe ood and Beverly Hill '9 sin addition to his experience at C I Y a trans in 4000401 (.. xP with many Cities), to creatively solve City traffic engineering and transportation planning 1W unique experience in viewing problems Prom both sides of the fence" has in the past, and wtI earMMhue to the future,to greatly enhance our ability to serve the City of Palm Springs. ft MN O.W our experience, our expertise, and most importantly, our creativity is what makes us very in WV@ the City. We know how to listen open-mindedly to both City staff and the public; how to 11111111111110 VAMI ve solutions to various problems; and how to differentiate cost-effective from cheap. Our i18Mnefa tCCOrNup Na,'a altemative solutions has been instrumental in reaching consensus on controversial W cep olow In creating °win-win°situations vis-a-vis development project impacts versus transportation 4Mi0InA*n needs Is also extremely valuable. At Montclair Plaza in the City of Montclair, we designed PO resdway Improvements,combined with private development traffic Improvements, that were paid for Ily to dweW and resulted in significantly improved traffic operations in and around the Plaza. Not only If Cq OW the developer, but also the motoring public benefited from the project. In a similar fashion,we IV1Mlf6pe0 silsmagves for the I-15/SR 74 Interchange area that created a "win-win" situation for not only to Cq 91 LIM Elsinore and the developers, but also for Caltrans and the Stale Highway system. I{ Il ill key factor In providing services to the City of Palm Springs is to continue to stay attuned to both the 0"OnNon and the specific requirements of the City staff,various Commissions, and the City Council. beam of our extensive experience in.previously(and currently) providing identical services to Fullerton OW ti ift 800*015 to other Cities, and our staffs knowledge of current traffic engineering considerations WS 9W apendance and presentations at regional(such as the Institute of Transportation Engineers JITE] MW h CMy Traffic Engineers[CTE])and national(such as Transportation Research Board (TRB]and ITE) i1014106, we am In the mainstream of state-of-the-art traffic:engineering approaches and methodologies. By 0016-0 ft knowledge, we can optimize the service provided to the City. Our knowledge of and all 01 No to public needs and concems, combined with our real world (as opposed to textbook) approach i i anwwadh lo duty issues, will ensure that comOromise alternative solutions to specific problems can be achieved A the same time compromising neither safely nor public needs and desires. dsa completely understand the necessity of balancing the economic advantages to the City of �k wased development and redevelopment projects with the potential negative impacts to traffic flow and wk uiuuon of such projects, and have managed to develop mitigations that are both technically and w,wK,mically feasible for projects ranging from gas station with a convenience market to a 1.25 million wiuran feel retail mall.A.key example of such balancing is the expansion of Montclair Plaza, wherein the Ixwx mhortallon infrastructure improvements required to allow mall expansion in turn resulted in significantly i wmfxovad mall access and attendance and subsequent increases in sales tax revenue for the City. ACIA v ongoing relationships With Caltrans staff are especially important relative to coordination of freeway aw•ass slues. In addition to developing (and assisting Caltrans in implementing)coordinated timing plans r"O"both State highway and freeway ramp signals, AGA has successfully negotiated with Caltrans on fwrt lrenaff of various cities to allow those cities to actual) control such St � Dun kl have for man y ate signals. Both Mr. Miller and y years worked closely with Caltrans personnel to innovatively address OX-05110 Interface traffic issues. oa potential for growth in both residential and commercial development and/or redevelopment in the Crg of Palm Springs, assessment of the scope and timing of required transportation infrastructure 111110400vamants to adequately serve this increased traffic demand is an ongoing issue. One way to address tllwl"a in a proactive manner has been successfully developed and implemented by AGA in the City of tt WN. Mid could be readily utilized in Palm Springs. Based on General Plan build-out conditions, AGA Oft 10 ad ultimate transportation infrastructure needs. In effect, a Citywide Traffic Impact Analysis (TIA) W 00011*ed, including calculation of overall costs to construct the required improvements. As �AIOpMMnt projects are proposed, AGA conducts individual TfAs to more definitively determine the W lip Wilit scheduling for implementation of such improvements. This traffic modeling/monitoring service 40 Sgft to the services requested by the City,but is of tremendous long-terra benefit. .010011r Milo wherein AGA can also assist the City is informing the City of potential funding opportunities Iprl tIMOwUp through to obtain such grants. We have prepared SR2S Grant Applications, Proposition 1-8 'L; W Ap*auons,and OTS Grant Applications for various cities throughout Southern California. Extensive Oil 1 Mdpi of various funding sources enables creative structuring and tiering of various grant applications tMMn niwlt In 100% grant funding with no direct City matching funds being required. For example, our OwP&W, submitted and obtained a several hundred thousand dollar grant from the SCAQMD for a. MlNroonned and coordination timing project for the City of La Habra to reduce mobile source i111111111 IN 1. and likewise prepared, submitted and d obtait>ed a grant from OCTA Measure M Funding to f1Me`tlo M roquired 20% City matching funds. The City did not need to spend any City dollars on the 1 •and now has an interconnected and coordinated traffic signal control system. 60/11111111h Orderrsive experience as City Traffic Engineers will be invaluable in helping us provide service to ft Cld Of Palm Springs. Understanding basic concerns and constraints as viewed from the City's �MMMM N a key qualification. 1Ne have long represented Montclair, La Habra and Fullerton at various NMM /IAff Rplonal Transportation functions, meetings, workshops, seminars, etc., and have helped MUMMMh dOtlt operetronal and'CIP budgets for these and other Cities.Additionally, Mr. Grover has served p►thl CONr�M District 6/6onsulting Professional Engineers Liaison Commttee, and as a member of the trorrrNppt Research Board's Highway Capacity Committee, established the framework for the /�eirr 94Approach r,+•' +!i a completely new Highway Capacity Manual. Staying abreast of State and Federal issues is "'n, .1 kily component of developing local programs,policies, and procedures. wrvwce that AGA can provide to the City of Palm Springs (in addition to traffic modeling/ *emuxKu�) rotates to the monitoring of the City's traffic signal timing. Development, implementation and „wwa+wwq of coordination liming plans is critical to optimize the efficiency of the existing infrastructure. run lor many years monitored signal timing for several different local agencies, ensuring that .vxw4wo,*W liming plans in effect are operating as designed. Because traffic pattems change when 40diu 4 8svoloprrtent occurs, adjustments to timing plans are often required. Only by frequent monitoring (A trek QW11 bns can these timing plans be kept current. In addition to expert Traffic Engineering staff, A" dw has several experienced traffic signal technicians on staff. W taporilntle in compleling small-scale traffic engineering projects ensures that such projects can be 0109101101 on ON and within budget withntinimal demands placed upon City staff. We currently provide s services t0 several cities in Southern California, including existing on-call contracts with Fullerton, LO NOB MMldsir, Cerritos, Torrance, Buena Park, Seal Beach Loma Linda, Rialto, and Highland. 6000 Of are a successful consulting firm with extensive experience in all phases of traffic engineering, MF 60101y "Ned to provide this service. Our goal as on-call Engineers Is to provide the City with 400 serums at a fair and reasonable cost. 60 frYt OXWA Pe expertise and experience of the various members of AGA's staff, we feel that the best 11G krovtde our services to the City is to respond on an as-needed basis and on a project-by-project +,tllh lalb conducted either at City Hall or a being ty t AGA s offices as appropriate.This wa the Y, staff M*qualified to conduct any particular task would be able to do so, with all necessary tools OPIPM POWMnB, manuals, references and most importantly, the technical expedence of other SW members)at their ready convenience.Appropriate utilization of telephone,fax, and email womAte INM br ate transfer has enabled us.to successfully utilize this approach for various other cities s> fr AOA Currently provides consultant services. Additionally, this approach would optimize the WIEW provided to the City of Palm Springs at the most reasonable cost, and enables AGA to respond to #1 000In a timely manner.INK . MM not propose to utilize any subconsultanks on our Project Team, as our extensive in-house 1111101111111111101lnd 64wie tce fully addresses all components of Traffic Engineering. i as N annd References SECTION C Experience and References wo, 11� yaera. AGA staff has acquired extensive relevant experience that will assist us in providing the cIK•w-ar oafllc engineering services for the City of Palm Springs. Three important factors relating to (his ,t alixurencs are; I 0 AGA M presently under contract with the City of Cerritos, City of Montclair, City of Highland, City of r tftW, City of Buena Park, City of Loma Linda, City of Seal Beach, City of Torrance, City of Rialto, &,4 Ow City of La Habra to provide as-needed traffic engineering services. s Kay AGA personnel have extensive previous City and Caltrans employment experience, including j owlenee as the City Traffic Engineers in the Cities of Fullerton, Beverly Hills, Inglewood, f'k mons,Riverside,and San Bernardino. I ftNO oo our understanding of the City's needs, we feel that our most important qualifications relate not 10110MOV traffic study and plan checking review service and the development of high quality AS&E t *Oftft but sbo to problem solving, communication and a willingness to develop alternative solutions 10 rIMNNetwp public safety. These qualifications have evolved from years of individual experience while ill v4ftm agencies (Caltrans, San Bernardino, Inglewood, Beverly Hills, Pasadena, San Dimas, R%rslde, and Huntington Beach). As consultants, AGRs staff have utilized their expertise while MMW Iretflc engineering, transportation planning and parking management services to various ON W d fVN throughout Southern California. A& OW hoo da ig ned new traffic signal installations and/or traffic signal modifications, prepared �n pew WA traffic control plans, and prepared various grant applications for a multitude of cities Callornla, Inducting PS&E preparation and providing of construction management services. We INrld 000rdinatbn timing plans for thousands of signalized intersections throughout Southern sign ww 1Q alized intersections relating to future traffic conditions and signal operations, and 01rIbQYp tlmNtg plans utilized by Caltrans. We have conducted traffic impact assessments for over "Now dlvsbprrrent Projects, ranging from major commercial retail centers to large-scale trucking b r1evFft.restawants. We have prepared a Bikeway Master Plan for the City of Garden Grove, �da Wkeway signing and striping plans for the City of Corona, and prepared signing and 00 IN Yarbu/ bike routes in the City of Long Beach. We have conducted numerous traffic safety Mpr�lll0 oplod-sone surveys in Ontario, .Fulerton, Long Beach, Santa Fe Springs, Cerritos, Santa lrMM OW, HWM099 Beach, Huntington Park, Palm Springs, Fountain Valley, Cypress, La Habra, AlllYlp� NO=, Santa Ana, and California State University Long Beach. We have conducted school �f7Il1/Mrllc//idles for the Cities of Cerritos and La Habra, and have conducted a Comprehensive fI &Id SdW Safety Study for all twenty-four elementary sdwnis, five_middle schools, and 00 No Klnpote In the Pomona Unified School District. We have conducted High Accident Location iMlt OTS Gni to for the Cities of Montclair, Ballwin Pads, La Habra, Downey, Palm Springs and &V W*Kited on Citywide Street Lighting Inventory Projects utilising GfS in the Cities of Beverly �MIa11 ftK and Orange.Additionally,we developed the PSSE for the citywide street lighting upgrade 40"Hk(for a construwon cost of greater than$14 million)and for the City of Compton,. �M KINKNO000*04 Referenda A A :Jnr.,., local and regional area tra6sportation planning capabilities to develop specific circulation plans, "*F kwi Mmter Plans of Streets and Highways,general circulation plans and coordination of these plans with v* ,s�n,loped by metropolitan planning organizations. One of the key areas of AGA's expertise involves Transportation planning with traffic operations. Short-term traffic operational analysis can thus be 4n10,11ouki with long term (10 to 20 or more years) transportation planning data to evaluate and monitor the wr.r a sre urban growth in.a dynamic way. Such analyses are critical for conducting various feasibility uw-*4 ,wxi Traffc Impact Studies/Analyses,and for determining long-term transportation infrastructure needs. $W d AGA have conducted numerous modeling projects and gained experience in all phases of Oww arlimon planning. More specifically,our staff have expertise and experience in developing and utilizing two*do"+nnd Ioreeasting models to determine future transportation infrastructure needs for various cities in are #w#W California area; in preparinglupdating Circulation Elements of General Plans; in preparing 1"ObC:"rCu MA,sections of EIRs, and in preparing Traffic Impact Analysis (TIA) Reports in compliance with O*V*Q agency regrrimmerhts..Speck relevant experience includes our update of the General Plan 40 00 Cain' Of Colton, which resulted in the first consistency determination by SCAGISANBAG; our OPODIPWA of the City of Montclair Transportation Study and Developer Fee Program; our transportation OAFOOV Ompel for the City of Fullerton, in which we determined long term intersection and rink improvement fir•an a Caywide basis; our Indian Avenue Two-Way Traffic Study (i.e., feasibility of converting one-way b two-way operation)for the City of Palm Springs,which included projecting future traffic,conducting UR MWh1M and determining mitigations; and our Soledad Canyon Road Feasibility Study in which we �1 aM ultimate lane requirements for future traffic conditions.The most recent relevant example of our planning experience relates to the previously noted study wherein we detenmined that the *so* I*N of the 6#1 Street off-ramp from 1-710 in Downtown Long Beach (as part of the planned freeway Win)would create Immitigable adverse impacts to circulation, resulting in the redesign of the project to 00 111110 4%Blot connection in place. 10 00 NO IxlarnsW experience in operating traffic signal systems under contract to various Cities. For =vMrt 0have mondored and operated signal systems for six different agencies from our office in Vr4or agreements with these Cities, AGA has complete responsibility for signal timing operations, =90104, updating,.fine-tuning, and responding to citizen complaints. This everyday exposure to 40 "IAC alluations is invaluable in addressing and resolving a wide range of transportation planning and ltifNMttlgr►N problems.This is a very unique consulting engineering service provided by AGA. MMa OidW in the areas of parking needs assessments, parking requirements, and parking plant. Two of our more recent parking projects involve determination of parking needs, and the dlvabprnenI of parking management plans, for new large-scale downtown developments: a WORIWWWAVOYdon of a major shopping center in Palm Springs, and a proposed 20,000 square foot upscale 4100POW In Fullerton requiring valet parking. /ltva as the on-call traffic engineering andtraffic operations consultant for the City of Montclair arld moat periodically make City Council presentations. The Montclair service is provided via a 6+Maa►muler agreement. We also provide on-call traffic engineering for the City of La Habra We � 0 aMMM1M proement(in effect since 19W)with La Habra for complete Traffic Operations responsibility of O"WC master control system, which we accomplish from our office via phone modem to the on- Atldtorrally, for the past fifteen years we have provided tin-house" (8 hours a week) traffic - 41 t111 F&I N for the City of Fullerton, and currently provide"in-house°services to the City of Victaville 0 wok. And References A d, fx,l only provides traffic and transportation engineering services. We also work effectively with a i tnn,atce personnel as well as commissions, councils, and other key agencies. We strive to develop ,,aftswf Onps to achieve common objectives. aummary, AGA staff have excellent experience to continue to serve as the on-call traffic and kw"ixxtalton engineering consultant for the City of Palm Springs. xKw Ow t several Post years,staff of AGA have provided services similar to those,required by the City of Palm tll woo b aeveral other cities in Southern California. Following is a listing of those cities,the services provided, 04 cgrpacla at the cities who are.familiar with AGA's capabilities,personnel and work products. W FULLERTON 44e0css Contract traffic engineering and transportation planning services. This includes actually j FVV*W dr providing consultant personnel at City Hall 1 day per week, and attending the Traffic Commission, Planning Commission and City Council Meetings as a staff representative. Services provided include development of a Citywide transportation model; review of and recommendations for modifications to the City's General Plan Circulation Element; conducting a Citywide radar speed survey; preparing PS&E, and overseeing construction, for Interconnect of dozens of signalized intersections; preparing, implementing and fine- tuning coordination timing plans; developing local signal timing parameters; developing parking management plans; designing and modifying traffic signal installations, including oonverslon to protectedfpermissive left turn operations; preparationstcheddrig of traffic control plans; conducting neighborhood traffic studies and attending neighborhood meetings; conducting and/or reviewing traffic impact studies for proposed developments; providing guidelines to developers and other consultants for traffic impact studies; conducting capacity and level of service analyses; and providing various other as-need transportation and traffic engineering services. It should also be noted that, under a separate contract, AGA previously completed for the City of Fullerton a station and route location feasibility study for the proposed OCTA Urban Rail Project, as well as developing a Parking Management Plan for the Transportation Center including the Urban Rail Station, the Meb*Llnk Station and several restaurants. Annually since 1998 Mark Miller,AI Grover, Chalap Sadam,Chad Veinot,Greg Wong, Leo Grimes 019" Mr.Don Hoppe,City Engineer 303 West Commonwealth Avenue Fullerton,CA 92832-1710 (714)738-MW tole, Oow@ckyoffdertDn.com ri rr i and References I:IIy: LA HABRA ° %*rNk:ee On-call traffic engineering and transportation planning services, which include presentations Pvv0ded: at the Traffic Commission, Planning Commission and/or City Council meetings; traffic signal warrant analyses and subsequent traffic signal designs;residential and school traffic studies; traffic impact analyses; development of press releases and videos for local cable television relative to various traffic engineering issues; preparing grant applications; representation at Countywide functions; contract administration and construction management. Since 1991, staff of AGA have operated the Citys signal system from our offices. t9nal control Y Daillm Ann ually since 1991 t Y AfSA kk* Mark Miller,Al Grover, Chalap Sadam, Chad Veinot,Greg Wong, Leo Grimes Coal" Mr. Nelson Wong, Traffic Manager 201 East La Habra Boulevard La Habra, CA 90633-0337 (562)905-9622 nalsonw@lahabracity.com COP MONTCLAIR On-cMI traffic engineering and transportation planning services. This Includes presentations st the Traffic Commission, Planning Commission and/or City Council meetings; development of a focused traffic forecast model (of the SCAG subregional model) to generate future peak hour turning movement volumes, and the determination of LOS and required mitigation measures; traffic signal warrant analyses and subsequent traffic signal designs; traffic kfW analyses; preparing grant applications; managing traffic circulation and access to the M orildek Plaza; representation at Countywide functions; contract administration and cvotruction management. Since 1991, staff of AGA have operated the City's signal control sysiv from our offices. Annually since 1993 FM Dunapki,Al Grover,Mark Miller,Chalap Sadam,Greg Wong, UO.Qritnes Mt WN Hudson,Public Works Director/City Engineer 11111 Benito Street MOI *r,CA 91763-2808 04571 4ft*M&.montdair.ca.us -' BEACH M engineering services, including radar speed surveys; Downtown circulation Induding conversion of one-way streets; LOS analyses; bikeway designs; median street lighting modifications;Grant processing. *0 2007 Fran Dunsiski, Greg Wong,Chad Veinot 8n d lfeferences f+tea: Mr. Dave Roseman, City Traffic Engineer 333 West Ocean Boulevard, Tenth Floor Long Beach, CA 90802-7903 (562)570-6665 david.roseman@longbeach.gov C* TORRANCE tie %kft Cltywlde street lighting evaluation; including several individual street lighting projects; PVWA" ottywide signing upgrade; Hawthorne Boulevard and Western Avenue beautification projects; *wide speed surveys and travel time surveys; oversize vehicle parking permit fee study; trefffc signal designs/modifications;neighborhood traffic evaluationslreoommendations. IMft Annually since 2001 W 00 Mark Miller, Chalap Sadam, Chad Veinot, Greg Wong irk Mr.Robert Beste, Director-Public Works 20500 Madrona Avenue Torrance, CA 90503-3690 (310) 781-6900 rbeste@torranceca.gov BtINI�Irrp Is a listing of additional references of local government agencies in Southern California for j �4A have completed projects. Included in the listing is a description of the services provided, rClNeew address, telephone number and email of the appropriate contact person familiar with the produced. teffY OF CYPRESS S and modified traffic signal design;signal interconnect and coordination timing i development and implementation; Citywide speed surveys;crosswalk, crossing guard, and traffic signal warrant studies. Mr.Keith Carter,Associate Engineer 5275 Orange Avenue Cypress,CA 90630-2957 (714)229-6750 kC6uter@ci,cypress.ca.us I CITY OF CERRITOS Coordination timing development and updating; traffic Impact studies; access and circulation illudies; signal design(signal modification; citywide traffic counts and speed surveys; traffic ably analyses. k0r.Hal Arbogast, Director of Public Works 18125 Bloomfield Avenue Crxrtros,CA 9070-8577 Z2)916-1219 &bogast@ci.cerritos.ca.us aad Rderenow Adoncy: CITY OF FOUNTAIN VALEV P"Oct: Traffic impact studies; traffic signal and interconnect design; Citywide speed survey; mulfijurisdictional coordination timing development,including updates. taetact: Mr. Mark Lewis, City Engineer 10200 Slater Avenue Fountain Valley,CA 92708-4736 (714)593-4435 mark.lewis@fountainvalley.org A*prsvbusly noted,AGA has for many years operated signal control systems and maintained signal timing No venous agencies. Following is a listing of several of those agencies for whom we currently provide this f I #411141ft/Number of Signals Moniltored Reference/Telephone of L&Habra-39 signals(Citywide-Including Caltrans) Mr. Nelson Wong (662)905-9722 01 Monldair-40 signals(Citywide—Including Caftrans) Mr. Mike Hudson (909)625-9441 al UW Linda-7 signals(Barton Road) Mr. Jarb Thaipeq (909)799-4401 INFW too- 136 signals(Citywide) Mr. Don Hoppe s' (714)738-6864 In Valley—52 signals(Citywide) Mr. Temo Galvez (714)593-4517 i I i E tAKW Expertise s SECTION D Local Expertise t Mow AGA does not have a current business lic ense from a jurisdiction in the Coachella Valley, our 1`'asa1onUCE0 — Mr. Albert Grover— maintains a part-time residence/office in the City of Indio, spends uminately 100 days per year in the Coachella Valley, and is quite familiar with traffic conditions during and day of the week and different times of the year throughout the Coachella Valley.Additionally,AGA 191i1a' we extremely familiar with traffic conditions specifically in the Palm Spring area. Over the past 20 IM we have conducted the following projects for the City of Palm Springs: • Traffic Signal Interconnect and Coordination Timing—Palm Canyon Drive • Ramon Road Signal Coordination • Computerized Traffic Accident Record System • Citywide Speed Surveys(three separate Citywide surveys conducted) r Psim Canyon Drive/indian Canyon Drive Two-Way Traffic.Study s fMpuitz Canyon Way Signal Coordination i AMIN Way Coordination Timing 0 "Designs/Modifications at various locations 4 1610 Signal Coordination fl0ndticted projects for the Palm Springs Aerial Tramway(signing/striping evaluation/modification, lot designs) and for the Palm Springs.Unified School District (traffic studies for a proposed f1011o01). We have also conducted multiple projects for the Cities of Indio and Cathedral City, Expert Witness testimony for the County.of Riverside. rB for whom we have provided traffic engineering services in the City of Palm Springs Development (the reconfiguration of Desert Fashion Plaza), Lennar Homes (the signalized access on Gene Autry Trail), Dick Taylor Productions (the Pavilion Theater t}, and Home Depot (access modifications to SR-111 —Gene Autry Trail - near Ramon are quite knowledgeable of traffic conditions and concerns not only In Palm Springs but Ila Valley; we are familiar with City Engineering requirements; we have worked staff; and we are fursedmin to public and.political concerns and issues throughout the i APPENDIX & �m ��. . � ' Authorization ATTACHMENT'A" RFP 0144 for ON-CALL TRAFFIC ANDIOR CML ENGINEERING DESIGN SERVICES IS FORM MUST BE COMPWM AN INCLt ED IN ENVELOPE#1. '_QUALIFICA IS OPOS "• SIGNATURE AUTHORIZATION NAME OF PROPOSER/FIRM: Albert Grover&Associates i A. I hereby certify that I have the authority to offer this proposal to,the City of Palm Springs for the above listed Individual or company. I certify that I have the authority to bind mysetUthis Company In a contra should I be sup ui to my proposal. SIGNATURE Rob Kuehn PRINT NAME IL The follrMng in CMf W n relates to the legal contractor listed above, whether an Individual or a Company. Plops check marks as appropriate: 1. If successful,NM corArect language should refer to me/my company as: _M 10*464 A p 1I0fft ftlivis'names: i, A X A A Loots within the jurisdiction of the Coachella Valley). Copy d license Is required to be attached to this do0ultlM L My tax 33-0574555 A ACKN Mont of PAO* by the City for this RFP Is required by acknowl Failure to acknowledge the Addenda issued In your proPoM E give. provided of each Addenda: (a) # Z ad. Revised: 611&10 EXHIBIT "D" SCHEDULE OF COMPENSATION SCHEDULE OF COMPENSATION Attached hourly rates shall apply through June 30, 2015, after which, at the request of consultant, they shall be adjusted annually according to the Consumer Price Index, Los Angeles, Orange, Riverside Co, all urban consumers by comparing the change in the index for the month of March. If any proposal submitted to the City for requested projects includes task items payment for said task items cannot exceed 75% until task item is 100% completed. i ALBERT fIRO'VER& AaaQQ- ATES I SCHEDULE OF HOURLY RATES EFFECTIVE SEPTEMBER 1, 2011 Principal/President $ 275 Vice President $ 250 Director of Project Development $ 250 Senior Transportation Engineer $ 200 Senior Design Engineer $ 185 System Integrator $ 180 Senior Associate $ 170 Transportation Engineer $ 165 Design Engineer/Senior Signal Systems Specialist/Construction Inspector $ 150 Associate Transportation Engineer/Civil Engineering Associate $ 140 Transportation Engineering Associate $ 135 Signal Systems Specialist $ 135 Signal Systems Technician $ 125 Senior CADD Operator $ 125 Project Coordinator/Engineer $ 110 CADD Operator $ 110 Assistant Transportation Engineer/Assistant Engineer $ 90 Traffic Enumerator,Engineering Aide $ 75 Engineering Aide 11 $ 50 COURcil/Commission Meetings,Hearings,or. (Billing Rate+$50 Surcharge) $ 1,000 Minimum Expert Witness(Billing Rate+$50 Surcharge) $ 1,000 Minimum Expert Witness-Deposition/Court(Billing Rate+$100 Surcharge) $ 11000 Minimum Subconsultants will be billed at cost plus 20% i CAwdifflonsof0sage: The above rates are typically effective far a 12-month period but AG A maineaim the right to change the billing rates at art,time for convenience of record keeping. 77tergbm all billings will always be at the then current billing rates. This will not affect any agreed upon total or not-to-aweedfees. INVOICES WILL BE SUBMITTED MONTHLY AND SHALL BE DUE AND PAYABLE WITHIN 30 DAYS. FINANCE CHARGES MAY BE ACCRUED DAILY ON UNPAID BALANCES BASED ON A 10"A ANNUAL PERCENTAGE RATE. TRANSPORTATION CONSIMMNG ENGM=S 211 E.lumperid Hwy,Suite 208,PuaeaM CA 92935 (714)992.2990 FAX(714)992-2883 F Maa: aga(&alberWWer wm Ll ki I FEE SCREDULE A s & o C I A T E 9 CLASSIFICATION Rates $/Hour Engineers/Project Managers/Planners/Scientist/ Anessment/Special Tax Specialists/Landscape Architects/Designers Principal11............................................................................................................ 230.00 PrincipalI............................................................................................................. 210.00 SeniorIII............... .................................................................................. ........... 195.00 Senior It . ....... .......'­­*........ .............. 185.00 Senior I .. ..................­­­........ 175.00 AssociateIII......................................................................................................... 165.00 Associate11 ............................................................. .......................................... 150.00, AssociateI .......................................................................................................... 140.00 AssistantV ..................................... .................................................................... 125.00 AssistantIV .................................................................................... .................... 115.00 AssistantIII.......................................................................................................... 100.00 AssistantIt __........................................... ......................... .............................. 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 Adminiftrative Services Project.Coordinator......................I.................. .................................. 90;00 Administrative Assistant III.............. .................................................................. 80.00 Administrative Assistant 11......................................... ....................................... 70.00 Administrative Assistant I .......................................... .... ................................ 55.00 Other Direct Expenses IncidentalCharges............................. ............o........................................... ....... Cost Postage and Telephone...................................................................................... Cost In-House Prints,Copies and Delivery.........................................................;....... Cost Travel&Subsistence ................................... ...................................................... Cost Special Consultant...................................... ...................................I......IV........ 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 FVW4CE CHARGE of�wd m hdf A mwhxiW hm mW bo SW&r wW kwim P�(1-1f2%)Pw mdffffi(18%Pff Yw)WE be added w my wpaid w=W coo-mcing&hty(30)dayS fim 4*ufinv6- imduin uopod afta gtifty(30)drys firm dm orunoke. SCH37(0710MOB)