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HomeMy WebLinkAbout05411 - ALBERT GROVER & ASSOCA PREPARATION OF 2006 CITYWIDE SPEED SURVEYS CP 06-14 Page 1 of 2 Kathie Hart From: Carrie Rovney Sent: April 09, 2009 10,16 AM To: Kathie Hart Cc: Marcus Fuller Subject: RE: A5411 -Grover&Associates, Albert-Traffic Engineering Studies FINAL payment has been made on AGA for CP*06-14, Citywide Speed Surveys CK to Close UNLESS Marcus says otherwise. Thanks I C-r '- � x816c From: Kathie Hart Sent: Thursday, April 09, 2009 9:16 AM To: Carrie Rovney Subject: RE: A5411 - Grover&Associates, Albert-Traffic Engineering Studies CP 06-14 Sorry. Me Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 `11' (760) 323-8206 1 a (760) 322-8332 Kath ie.HartG PalM5pringsCA.gov From: Carrie Rovney Sent: April 09, 2009 9:15 AM To: Kathie Hart Subject: RE: A5411 - Grover&Associates, Albert-Traffic Engineering Studies You wouldn't happen to have a city project number on this AGA contract do you? THAT would be GREATLY helpful, as I have MANY AGA agreements. Thanks l Carrie x6160 From, Kathie Hart ~ 04/09/09 Page 2 of 2 Sent: Thursday, April 02, 2009 5:57 PM To: carrie.rovney@palmsprings-ca.gov Cc: ]ay Thompson Subject: A5411 - Grover&Associates, Albert -Traffic Engineering Studies This agreement was approved in 2006. Has it been completed? OK to close? Me Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 M' (760)323-8206 I �a (760) 322-8332 2 Kathie.Hart@PalmSprmgsCA.gov 04/09/09 CONSULTING SERVICES AGREEMENT 2006 Citywide Speed Surveys City Project 06-14 THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made and entered into this�day of QA 200 , by and between the City of Palm Springs, a California charter city ("City"), and A ert Grover&Associates ("Consultant"). RECITALS A. City requires the services of a professional traffic engineering firm for the 2006 Citywide Speed Surveys, City Project 06-14 ("Project"). B. Consultant has submitted to City a proposal to provide traffic engineering services to City pursuant to the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified to provide the necessary services to City for the Project and desires to provide such services. D. City desires to retain the services of Consultant for the Project. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide services to the City as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide professional traffic engineering services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated herein by reference (the "services" or "work"), which includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern. 1.2 Compliance with Law. All services rendered under this Agreement shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state, or local governmental agency of competent jurisdiction. 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. • 0 2. TIME FOR COMPLETION. 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 set forth in Exhibit "A". Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. For the services rendered pursuant to this Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of fees set forth in Exhibit"B," which total amount shall not exceed $23,450. 3.2 Method of Payment. An invoice shall be submitted for services rendered to the Contract Officer. Payments shall be based on the rates as set forth in Exhibit "B"for authorized services performed. City shall pay Consultant for all expenses stated thereon, which are approved by City consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. There shall be a maximum of one payment per month. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, the parties hereto shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional 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. 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. 3.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the City Council of City for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit"A". The extension of any time period must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if Consultant shall within ten (10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and 2 • • extend the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 8.5 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule and Compensation (Exhibit"A"), 5. COORDINATION OF WORK 5.1 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 and work specified herein and make all decisions in connection therewith: Mark Miller, P.E.. It is expressly understood that the experience, knowledge, education, capability, 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 hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the Assistant Director of Public Works/Assistant City Engineer, Marcus Fuller, or his designee. It shall be the Consultant's responsibility to keep the Contract Officer, or his/her designee, fully informed of the progress of the performance of the services and Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in Exhibit "C", which is attached hereto and is incorporated herein by reference- 3 • • 7. INDEMNIFICATION. 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 liability, actions, suits, proceedings, claims, demands, losses, costs, judgments, damages, expenses, including legal costs and attorneys' fees, and causes of action for injury to or death of person or persons, for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance, and for errors and omissions committed by Consultant, its officers, employees, representatives, and agents, arising out of or related to Consultant's performance under this Agreement. 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 hereunder. 8. RECORDS AND REPORTS 8.1 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. 8.2 Records. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and 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. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City and shall be 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 or ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. 8.4 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. 8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement and shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies thereof shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 91 California Law. This Agreement shall be construed and interpreted both as to validity and 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 4 • 0 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. 9.2 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 9.3 Rights and Remedies are 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 party 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. 9.4 Legal Action. In addition to any other rights or remedies, either parry 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 injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 9.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant, except that where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 10. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or For breach of any obligation of the terms of this Agreement. 10.2 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 5 • • To City: City of Palm Springs Attention: City Manager 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Mark Miller Albert Grover&Associates 211 E. Imperial Highway, Suite 208 Fullerton, CA 92835 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 11.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 11.4 Seyerability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 11.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 6 « 0 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. °`CITY" City of Palm Springs Date: David H. Ready City Manager APPROVE®BY CITY MANAGER-- ATTEST _h-- P wl Date: /o4l Z007 q0ty esThompson, Clerk "CONSULTANT" Albert Grover&Associates Date: i2 1/S1o6 By (name) �alk/S�i//ci Cx,-cL//4d U'cC ©tsrc41f (Title) APPROV AS TO FO k By: Title: 7 EXHIBIT"A" SCOPE OF SERVICES Consultant shall provide professional traffic engineering services to prepare a City-wide engineering and traffic survey, as required by Section 40802 of the California Vehicle Code, which states, in part: (a) A "speed trap"is either of the following. (1) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined 'in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance. (2) A particular section of a highway with a prima facie speed limit that is provided by this code or by local ordinance under subparagraph (A) of paragraph (2) of subdivision (a) of Section 22352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects. This paragraph does not apply to a local street, road, or school zone. Consultant shall be required to collect and analyze speed survey data and make recommendations for the establishment of speed limits of various streets throughout the City, as indicated on Table 1. SCOPE OF WORK Task 1 — Kick-Off Meeting Consultant shall attend a Kick-Off Meeting with City staff to discuss project parameters, scheduling constraints, and other relevant information regarding services required by this Request for Proposals. An overall project schedule shall be reviewed, revised and updated by the Consultant. Task 2 -Radar Field Data Collection Consultant shall conduct field radar traffic speed surveys at locations shown in Table 1. A minimum of one hundred (100) bidirectional traffic speed observations, with a minimum of fifty (50) observations for each direction of travel, shall be obtained from each of the locations identified in Table 1. Consultant shall provide proof of radar speed meter certification(s) prior to conducting any traffic speed surveys. The traffic speed surveys shall be performed during good weather conditions and shall be scheduled on Tuesdays, Wednesdays and Thursdays during the off-peak hours of 9:30 A.M. to 11:30 A.M. and 1:30 P.M. to 3:30 P.M., or as directed by the City Engineer. Consultant shall check each specified location for representative free flow speeds, that is, speeds not influenced by local conditions or construction work. Traffic speed meters shall be calibrated periodically to achieve desired accuracy. Consultant shall obtain the minimum one hundred (100) traffic speed samples from each traveled direction at each specified location such that a 95% probability that the sample data represents the population data for this type of study is achieved. 8 • 0 Task 3 -Speed Data Analysis Consultant shall summarize all field data and provide traffic speed survey data sheets (including cumulative speed curves). The Consultant shall coordinate with adjacent jurisdictions (i.e. Caltrans, the City of Cathedral City and Riverside County) regarding speed limits for highway segments abutting or under joint control with the City of Palm Springs. Task 4 - Roadway Segment Characteristics and Speed Limit Sign Locations Review This task shall be performed by a California registered professional Traffic Engineer or P.T.O.E. Consultant's Traffic Engineer shall drive and observe each specified location and determine, on the basis of experienced traffic engineering judgment, whether or not there are any roadway characteristics not readily apparent to the average motorist that would justify reduction or increase of the proposed speed limit(s) to the maximum permitted under the established guidelines. Consultant shall review the locations of all traffic speed limit signs to ensure that the traffic speed limit signage is in accordance with the adopted traffic speed limits established pursuant to the City's 2002 traffic speed survey report. The field survey shall be documented for analysis purposes. Consultant shall summarize each of the specified locations and identify those locations where reduction or increase of the recommended traffic speed limit(s) is justified. Task 5 -Accident History Review and Accident Rate Calculations Consultant shall review all mid-block accident history of each specified location, using SWITRS, or City maintained accident report data available on file in the Public Works Department. The City will make available for the Consultant's review all available information. Consultant shall calculate an appropriate accident rate for each specified location, and compare the calculated accident rate with the expected accident rate as established by Caltrans District 8 for various types of roadways. Consultant shall utilize at least a two-year time period for accident review in accordance with Traffic Manual requirements. Task 6 - Compilation of Speed Zone Survey and Summary of Recommendations Chart Consultant shall compile Tables for Segment Spot Speed Summary and Accident Analysis to be included in the Draft and Final Traffic Speed Survey Reports. Traffic speed survey data summaries shall be provided as required by the City Engineer. Consultant shall include all conclusions reached during accident history reviews and field surveys in the traffic speed survey data summaries to constitute the basis for changing recommended traffic speed limit(s)from the 85`h percentile speed. Consultant shall provide a summary table showing the posted traffic speed limit, the 85`h percentile traffic speed, and the recommended traffic speed limit for each specified location. The summary table shall be reviewed and approved by the City Engineer prior to preparation of the final report. 9 • 0 Task 7 -Preparation of Draft Report Consultant shall prepare a draft report to include the following items: • Certification Statement • Radar Speed Survey Operational Procedures • Description of the Purpose and Methodology of Speed Zone Establishment • Description of the Statistical Analysis Factors • Description of the Field Date Used in Analyzing the Related Roadway Characteristics • Accident History for the Street Segments • Results and Recommendations • Summary Table of Speed Limit Recommendations Task 8 -Preparation of Final Report Consultant shall prepare a Final Report after review and approval of the draft report by the City Engineer. Ten (10) copies of the Final Report, and a 22" by 34" Color Speed Survey Map, designating the different posted traffic speed limits for each specified location, shall be provided to the City. DELIVERABLES Consultant shall provide to the City the following products as part of this project: 1) One copy of the Speed Zone Survey Sheet, Cumulative Speed Curve Sheet, and Vehicle Speed Survey Sheet for each specified location. The survey sheets shall comply with Figures 2B-103, 26-104, 213-105, and 213-106 of the California Supplement to the 2003 MUTCD. 2) Three copies of a Draft Report which shall include: a) The methodology of the study, b) Survey Results i) Street Surveillance (1) What method was used to review street geometrics and conditions (2) A table showing locations warranting a Five-mile per hour reduction of speed and the justification of the reduction. ii) Accident Rate Analysis (1) What data was used for this task. (2) A table showing locations with unusually high collisions rates that may warrant speed reduction. iii) Spot Speed Survey (1) This section shall discuss the method of data collections and software used, if any, to calculate findings. iv) Survey Findings and Recommendations c) Summary and Conclusions 3) Ten copies of a Final Report that shall include finalized contents of the Draft Report and shall be bound and covered in a professional manner. 4) Ten copies of a Color Speed Survey Map, one map shall be not less than 24"x 36" in size. 10 i 0 Table 1 - Survey Location List Street Name From To ----- - ---- - -.. 1. _ ALEJO ROAD i WEST END N. PALM CANYON DR 12. ALEJO ROAD INDIAN CANYON DR _A_V_ENIDA CABALLEROS 13 ALEJO_ROAD AVENIDA CABALLEROS SUNRISE WAY 4. ALEJO ROAD SUNRISE WAY FARRELL DR 5- AMADO ROAD INDIAN CANYON DR AVENIDA CABALLEROS --------- -- 6. AMADO ROAD AVENIDA CABALLEROS SUNRISE WAY 7. AMADO ROAD SUNRISE WAY FARRELL DR 8. ARENAS ROAD _ INDIAN CANYON DR CALL_ E ENCILIA 9. ARENAS ROAD CALLE ENCILIA CALLE EL SEGUNDO 1 10. AVE.CABALLEROS SAN RAFAEL RD VISTA CHINO 11. AVE. CABALLEROS VISTA CHINO TACHEVAH DR 12. AVE. CABALLEROS TACHEVAH DR TAMARISK RD 13. AVE. CABALLEROS TAMARISK RD ALEJO RD 14. AVE. CABALLEROS ALEJO RD TAHQUITZ CANYON WAY 15. AVE. CABALLEROS TAHQUITZ CANYON WAY RAMON RD 16. BARISTO ROAD AVENIDA CABALLEROS SUNRISE WAY 17. BARISTO ROAD _ _ _ SUNRISE WAY FARRELL DR 18- BARISTO ROAD FARRELL DR EL CIELO RD 19. BARONA ROAD E. PALM CANYON DR SOUTH END 2Q-_BOGERTTRAIL S-PALM CANYON DR PALM CANYON WASH 21. BOGERT TRAIL PALM CANYON WASH SOUTH END 22. CALLE EL SEGUNDO ALEJO RD AMADO RD 23. CALLE EL SEGUNDO _ AMADO RD __ __T_A_HOUITZ CANYON WAY ' 24. _CALLE EL SEGUNDO TAHQUITZ NYON WAY RAMON RD 25. CALLE ENCILIA ALEJO RD AMADO RD 26, CALLE ENCILIA AMADO RD TAHQUITZ CANYON WAY 1 27. CALLE ENCILIA TAHQUITZ CANYON WAY ARENAS RD 28 CALLE ENCILIA ARENAS RD RAMON RD 29. CAMINO REAL E. PALM CANYON DR LAVERNE WAY 30. CAMINO REAL LAVERNE WAY AVENIDA GRANADA 31. CAMINO REAL_ AVENIDA GRANADA MURRAY CANYON DR 32. CIVIC DRIVE AVATION WAY TAHQUITZ CANYON WAY 133, CIVIC DRIVE TAHQUITZ CANON WAY _ BARISTO RD RO 34. CSSLEY ROAD RAMON RD ______AVENUE 34 1 35. DILLON ROAD (E/B) DIABLO RD MELIS_SA LANE ' 36- DINAH SHORE DRIVE 1 GENE AUTRY TRAIL CROSSLEY RD 37. DINAH SHORE DRIVE CROSSLEY RD EAST CITY LIMITS 38- E. PALM CANYON DR S. PALM CANYON DR SUNRISE WAY 39. E. PALM CANYON DR 1 SUNRISE WAY FARRELL(B_ARONA 40. E.'PALM CANYON DR FARRELL/BARONA _ RIM RD 41. E. PALM _ CANYON DR RIM RD CHEROKEE WAY--- 42. E. PALM CANYON ffR CHEROKEE WAY GENE AUTRY TRAIL 43. EL CIELO ROAD TAHQUITZ CANYON WAY RAMON RD 44. EL CIELO ROAD RAMON RD MESQUITE AVE 45, EL CIELO ROAD MESQUITE AVE _ ESCOBA DR 1 46. ESCOBA DRIVE EL CIELO RD_ __E PALM CANYON DR 47. FARRELL DRIVE RACQUET CLUB RD _ VISTA CHINO 48. FARRELL DRIVE VISTA CHINO TAMARISK RD 49- FARRELL DRIVE TAMARISK ROAD ALEJO ROAD 50. FARRELL DRIVE ALEJO ROAD TAHQUITZ CANYON WAY _- t t i • Table 1 - Survey Location List Street Name From To 51. FARRELL DRIVE TAHQUITZ CANYON WAY RAMON RD 52. FARRELL DRIVE RAMON ROAD MESQUITE AVE 53. FARRELL DRIVE MESQUITE AVE E PALM CANYON DR 1 54- GARNET ROAD INDIAN CANYON DR WEST CITY LIMITS 55- GENE AUTRY TRAIL 1.10 VISTA CHINO 56. GOLF CLUB DRIVE AVENUE 34 PALM CANYON WASH 57. GOLF CLUB DRIVE PALM CANYON WASH E PALM CANYON DR 58. INDIAN AVENUE (SIB) 18TH AVENUE 1-10 59. INDIAN CANYON DR- 1-10 TRAMVIEW RD 60. INDIAN CANYON DR. TRAMVIEW RD SAN RAPHAEL DR 61. INDIAN CANYON DR. SAN RAPHAEL DR RACQUET CLUB RD 62- INDIAN CANYON DR. RACQUET CLUB RD VISTA CHINO 63. INDIAN CANYON DR. VISTA CHINO TACHEVAH DR 54. INDIAN CANYON DR. TACHEVAH DR ALEJO RD 65. INDIAN CANYON DR- ALEJO RD AMADO RD 66. INDIAN CANYON DR. AMADO RD ANDREAS RD 67. INDIAN CANYON DR. ANDREAS RD TAHQUITZ CANYON WAY 68. INDIAN CANYON DR. TAHQUITZ CANYON WAY ARENAS RD 69. INDIAN CANYON DR. ARENAS RD RAMON RD 70. LAVERNE WAY E- PALM CANYON DR CAMINp REAL 71. LAVERNE WAY CAMINO REAL CALLE PAOL FIERRO 72- LAVERNE WAY CALLS PALO FIERRO S PALM CANYON DR 73. MESQUITE AVENUE WEST END S PALM CANYON DR 74. MESQUITE AVENUE S PALM CANYON DR CAMINO REAL ----- ---- -- 75. MESQUITE AVENUE CAMINO REAL SUNRISE WAY 76. MESQUITE AVENUE SUNRISE WAY FARRELL DR 77. MESQUITE AVENUE EL CIELO RD VELLA RD 78. MESQUITE AVENUE VELLA RD GENE AUTRY TRAIL 79. MURRAY CANYON S. PALM CANYON DR CAMINO REAL 80. MURRAY CANYON CAMINO REAL TOLEDO AVE 181 N. PALM CANYON DR VISTA CHINO TACHEVAH DR 82. N. PALM CANYON DR TACHEVAH DR ALEJO RD 83. PASEO DOROTEA RAMON RD MESQUITE AVE 84. RACQUET CLUB RD N PALM CANYON DR INDIAN CANYON DR K. RACQUET CLUB RD INDIAN CANYON DR AVENIDA CABALLEROS 85. RACQUET CLUB RD AVENIDA CABALLEROS __ SUNRISE WAY 87._ RACQUET CLUE RD SUNRISE WAY FARRELL DR 1 88. RAMON ROAD WEST END S PALM CANYON DR _89 RAMON ROAD S PALM CANYON DR AVENIDA CABALLEROS 90. RAMON ROAD AVENIDA CABALLEROS SUNRISE WAY 91. RAMON ROAD SUNRISE WAY FARRELL DR 92- RAMON ROAD FARRELL DR EL CIELO RD 93. RAMON ROAD EL CIELO RD GENE AUTRY TRAIL 94- RAMON ROAD GENE AUTRY TRAIL SAN LUIS REY DR 195. RAMON ROAD (E/B) SAN LUIS REY DR EAST CITY LIMITS 1 96. SAN_LUIS REY DRIVE RAMON RD DINAH SHORE_D_R_ 197. SAN RAFAELRI VI SAN-RAFAEL-DRIVE 1 N PALM CANYON DR RGINIA RD 198. SAN RAFAEL DRIVE VIRGINIA RD INDIAN CANYON DR 99. SAN RAFAEL DRIVE INDIAN CANYON DR AVENIDA CABALLEROS 12 Table 1 - Survey Location List Street Name From To 100. SAN RAFAEL DRIVE AVENIDA CABALLEROS SUNRISE WAY 101. S. PALM CANYON DR RAMON RD MESQUITE AVE 102. S. PALM CANYON DR MESQUITE AVE E. PALM CANYON DR 103. S. PALM CANYON DR E. PALM CANYON DR LAVERNE WAY _ 104. S. PALM CANYON DR LAVERNE WAY AVENIDA GRANADA 105. S. PALM CANYON DR AVENIDA GRANADA BOGERT TRAIL 106. SUNNY DUNES RD BELARDO RD S PALM CANYON DR 107. SUNNY DUNES RD S PALM CANYON DR CALLE PALO FIERRO 108- SUNNY DUNES RD CALLE PALO FIERRO SUNRISE WAY 109. SUNNY DUNES RD COMPADRE RD EL CIELO RD 110. SUNNY DUNES RD EL CIELO RD PASEO DOROTEA 111. SUNNY DUNES RD PASEO DOROTEA GFNE AUTRY TRAIL 112. SUNNY DUNES RD GENE AUTRY TRAIL CROSSLEY RD 113. SUNRISE WAY NORTH END RACQUET CLUB RD 114, SUNRISE WAY RACQUET CLUB RD VISTA CHINO 115. SUNRISE WAY VISTA CHINO TACHEVAH DR 116. S UNRI SE WAY TACHEVAH DR ALEJO RD 117. SUNRISE WAY ALEJO RD TAHOUITZ CANYON WAY - 118 SUNRISE WAY TAHQUITZ CANYON WAY RAMON RD 119. SUNRISE WAY RAMON D it MESQUITE AVE 120. SUNRISE WAY MESQUITE AVE E PALM CANYON DR 121. TACHEVAH DRIVE INDIAN CANYON DR VIA MIRALESTE 122. TACHEVAH DRIVE VIA MIRALESTE AVENIDA CABALLEROS 123. TACHEVAH DRIVE AVENIDA CABALLEROS SUNRISE WAY 124. TACHEVAH DRIVE SUNRISE WAY FARRELL DR 11125. TAHQUITZ CYN WAY INDIAN CANYON DR CALLE EL SEGUNDO 126. TAHQUITZ CYN WAY CALLE EL SEGUNDO AVENIDA CABALLEROS 127. TAHQUITZ CYN WAY AVENIDA CABALLEROS _ SUNRISE WAY_ 128. TAHQUITZ CYN WAY SUNRISE WAY FARRELL DR 129. TAHQUITZ CYN_ WAY_ FARRELL DR EL CIELO RD 1 ._TIPT_ON ROAD HWY 111 WENDY RD 131. TIPTO_N ROAD WENDY RD 1-10 132. TOLEDO AVENUE LAVERNE WAY MURRAY CANYON DR 133. VELLA ROAD RAMON RD MESQUITE AVE 134. VISTA CHINO GENE AUTRY TRAIL EAST CITY LIMITS SCHEDULE OF PERFORMANCE Consultant shall deliver the Draft Report within 12 weeks from Notice to Proceed. Consultant shall deliver the Final Report within 2 weeks of City review and comment on the Draft Report. 13 EXHIBIT "B" COMPENSATION Payment for services rendered under this Agreement shall be paid on the basis of $175.00 per roadway segment, for a maximum of 134 roadway segments, and a not to exceed contract amount of $23,450. Payment shall be considered as all-inclusive, i.e., all direct, indirect, and overhead costs are included. 14 0 EXHIBIT "C" INSURANCE Consultant shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, in a form and content satisfactory to City, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extension thereof, and shall not be cancelable without thirty (30) days written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. A. Minimum Scope of Insurance. The minimum amount of insurance required hereunder shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000) combined single limit coverage per occurrence; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000) per occurrence; 3. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) per occurrence. 4. Professional liability insurance with limits of at least one million dollars ($1,000,000) per claim and in the aggregate with respect to loss arising from the actions of the Consultant performing professional services hereunder on behalf of the City. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. B. 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 VIII, or better, unless otherwise acceptable to the City. is • 0 C. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting 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 a specific contract" or "for any and all work performed with the City" may be included in this statement). �32�,l "This insurance is primary and non-contributory over any insurance or self- insurance the City may have" ("as respects a specific contract" 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 liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. See example below. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waive of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers. See example below, In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policy. All certificates and endorsements are to be received and approved by the City before work commences. Failure to obtain the required documents prior to the commencement of work shall not waive the contractor's Obligation to provide them. Cancellation Example: SHOULD ANY OF THE ABOVE REFERENCED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 9419E-AV NR-T-r^ MAIL 30 DAYS* WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN RI IT G T n n"n Cl.lru nlnTlrr. QWAI I Innon Cc nln nQl Ir eTlnnl no,o I i"oi iTv np,C�A,I�K-FND-L-4Pk3PJ�kiG I�l.Sl-1R�IT."rA�E-N-Tti�9F-� C COGC'QCAITA TIN/CC The broker/agent can include a qualifier stating "10 days notice for nonpayment of premium." 16 0 0 Waiver of Subrogation Example: "IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED (S), BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO." D. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents, and volunteers; or, Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. E. Severability of Interests (Separation of Insured!). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. i7