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HomeMy WebLinkAboutC37390A-B - On-Call Trffc-Trnsprtatn Engineer Consultant CONTRACT NO. C 37390A CONTRACT NO. C 3739t0B STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: August 23, 2018 PREPARED BY: Bo Chen, P.E., City Engineer j REQUEST: Award subject contracts for On-Call Traffic/Transportation Engineer Consultant Services, Contract No. C 37390A to Advantec Consulting Engineers, Inc., of Irvine, California, and Contract No. C37390B to Interwest Consulting Group, Inc., of Palm Springs, California, each for a term of one (1) year in a total amount, in aggregate, not to exceed $100,000. Recommendation By Minute Motion: 1. Approve Contract No. C 37390A for On-Call Traffic/Transportation Engineer Services to Advantec Consulting Engineers, Inc., of Irvine, California, and Contract No. C 37390B Interwest Consulting Group, Inc., for a term of one (1) year in a total amount, in aggregate, not to exceed $100,000; 2. Authorize the Mayor to execute the contracts. Funds are available in Public Works Administration Account utilizing the salary saving. Strategic Plan This action has no impact on achieving the goals set forth in the Strategic Plan. Background In June of 2018, the City's Transportation Engineer retired, leaving unfilled the Public Works Department's need for specialized traffic engineering services. A Request for Proposals (RFP) for On-Call Traffic Engineering Services was advertised in June, 2018. Three proposals were received and each was reviewed based on specific criteria, including the qualifications of the firm, management and technical approach to the required duties, and the completeness of the proposal. The following three firms responded and are listed in the order in which they were ranked by a selection committee, which was comprised of Public Works staff familiar with the required qualifications of the prospective firm(s). The average scores are shown below. August 23, 2018 - Staff Report Award Contract for On-Call Traffic/Transportation Engineer Services Page 2 of 2 Consultant Location Average Score Advantec Consulting Engineers, Inc. Irvine, California 89.7 Interwest Consulting Group, Inc. Palm Springs, California 85.0 Minagar& Associates, Inc. Laguna Hills, California 74.0 To best serve the City's needs, staff is recommending the award of two contracts, one to each of the two top ranking firms, Advantec Consulting Engineers, Inc., and Interwest Consulting Group, Inc. Both firms scored closely with areas of strengths required to successfully meet the City's needs in Traffic Engineering. The total amount of both contracts combined shall not exceed $100,000. Staff will solicit proposals from each firm based on specific tasks and make a selection based on the demonstrated ability to perform the requested task. Purchase Orders will then be requisitioned based on the response, which will include the cost to complete the specific task. The City is currently advertising for the Senior Engineer position with emphasis in Transportation. Once the position is filled, the need for on-call traffic engineering services will be reassessed and staff will request that these contracts be amended or terminated as needed. Fiscal Analysis There is no fiscal impact beyond the cost of obtaining the engineering services. LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY REVIEW MANAGER N1a te4,44 Pire3Crw‘e—i, Robert W. Hargreaves Tom Garcia, P.E. et Moore Lauri Aylaian City Attorney Director of Public Works Director of Finance City Manager CONSULTANT: Advantec Consulting Engineers, Inc., 1200 Roosevelt Irvine, CA 92620 Interwest Consulting Group 431 S. Palm Canyon Drive, Suite 200 Palm Springs, California 92262 ATTACHMENTS: Advantec Agreement and Proposal Contract No. C3739tOA Interwest Agreement and Proposal Contract No. C37390B Contract No. C 37390A ON-CALL TRAFFIC/TRANSPORTATION ENGINEER CONSULTANT SERVICES CITY OF PALM DESERT PROFESSIONAL CONSULTANT SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 23rd day of August, 2018, by and between the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, 92260 ("City") and ADVANTEC CONSULTING ENGINEERS, INC., A California Corporation with its principal place of business at 1200 Roosevelt, Irvine, California 92620 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional engineering consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional engineering consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional engineering consulting services for On-Call Traffic/Transportation Engineer, Contract No. C 37390A ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in 1 Updated 06/02/2014 CONTRACT NO. C37390A accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from September 1, 2018 to August 31, 2019, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: CARLOS A. ORTIZ, P.E., T.E.,P.T O.E. RCE No. 57535. CONTRACT NO. C37390A 3.2.5 City's Representative. The City hereby designates Tom Garcia, P.E. Director of Public Works, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant, but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which increase the Scope of Work or change the Consultant's total compensation, subject to the provisions contained in Section 3.3 of this Agreement. 3.2.6 Consultant's Representative. Consultant hereby designates CARLOS A. ORTIZ, P.E., T.E.,P.T 0.E, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her professional skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub- consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself reasonably informed of and in compliance with local, state and federal laws, rules and regulations affecting the performance of the Project or the Services and in effect at the contract execution or reasonably CONTRACT NO. C37390A known changes, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, CONTRACT NO. C37390A including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. OTHER PROVISIONS OR REQUIREMENTS Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his/her agents, representatives, employees or subconsultants. Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. CONTRACT NO. C37390A Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, and shall require similar written express waivers and insurance clauses from each of its sub-contractors. Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. Pass Through Clause. Consultant agrees to ensure that its sub-consultants, sub-contractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all CONTRACT NO. C37390A responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, sub- contractors, and others engaged in the project will be submitted to City for review. City's Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and sub-contractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. The Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE HUNDRED THOUSAND DOLLARS and NO/00($100,000.) without authorization of the City Council or City Manager, as applicable, per the Palm Desert Municipal Code. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. CONTRACT NO. C37390A City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "A" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without authorization from the City Council or City Manager, as applicable, per the Palm Desert Municipal Code. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "A" may be adjusted each year at the time of renewal as set forth in Exhibit "A." 3.3.6 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.3.7 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of CONTRACT NO. C37390A or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: ATTN: CONTRACT NO. C37390A City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Tom Garcia, P.E. Director of Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings and data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant except as required by law or as needed to establish a defense. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the CONTRACT NO. C37390A performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.3.3 Right to Use. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code CONTRACT NO. C37390A section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.5.9 Time of Essence. Subject to the industry standard of care, Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. CONTRACT NO. C37390A 3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation, or to undertake self- insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. THE REMAINDER OF THIS PAGE IS LEFT INTENITONALLY BLANK CONTRACT NO. C37390A SIGNATURES ARE ON THE FOLLOWING PAGE CONTRACT NO. C37390A CITY OF PALM DESERT ADVANTEC CONSULTING ENGINEERS, INC. Consultant By: By: Lauri Aylaian, City Manager Signature ATTEST: Name By : Date Rachelle D. Klassen, City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney CONTRACT NO. C37390A EXHIBIT "A" SCOPE OF SERVICES AND COMPENSATION Ir ./._ ... CONTRACT NO. C37390A . . . c• 1 ,, Fr _ tor P .,..11: e - 4-r-,-4 l• -°.. . .- ' C" . • 11-- fl :-..— I :..11;::'#1 ' .:.: , 111.. ,./. : :I A • ,- ,.. 1 ; :'. __ : 41 •. f A , . it., . , lilt. - • .. eil, A,•:. , •••-,,_. ---- • -", rile"r- _ 7'r _i,. — __,._., , ---- -'. — -',-." __ L.,1 •, am_ .... • -- , - •- - :4- Ofik , .._ . i.40.4.,,,.,,,.__,.• .,-, , .• _ . ,••- •- i. PROPOSAL FOR ' . . .. - . "*".. . ••••• 1... yeii) ,.. . . .. _ i illik. t. Lily of Pqini npqprir ? it, ,—, • ki • ..-.•• ,:,....,: ••.!1 -_to i On-Call „...,.....„._ ,.....„. .. , ..• "'a elr:7.61'...." . ............••.'.._ a , ""l• r Traffic/Transportation INIFIKIEW c Engineer Consultant 314 ____...A- ••••• 1 ''''' %-, r , , _ ... Services .. . ....„4.-L .i ..._,. - f• - .. ., . Nam litillik,4. • P' Date: June 27, 2018 . .. ;-. .. . . 7' .4. - ' .'°iiiii • , . A . , Ji. .4. • , r .#‘II l'i L - .-e17 • '----, i I , i . .....N. ..—- 4..... .—LA ::7. . .._ - . _.. •./.1' . .._. . .,. LI ,. . „ ... ORIGINAL .. d,„_„,„..- r • - • ‘r• J114111114141 __ I -.:.r, • . • 411111p. , ,-----• AD VANTEC - CONSULTING ENGINEERS,Inc. . , CONTRACT NO. C37390A St.:C IOJ l: Qum_ I( VI l(}ti1/4,, RI_I.11.1:i) i' 11'i:ltfl: f:I \\I) Ri:f l:RRI-N( I:ti 1.1 ADVANTEC Consulting Engineers, Inc. . ADVANTEC Consulting Engineers, a California Corporation, is a DBE/SBE ADVANTEC OFFICES: consulting firm specializing in Intelligent Transportation Systems (ITS), Traffic Coachella Valley ,En Engineering, Transportation Planning and Engineering, Traffic Si nal Timing, 73-710 Fred Waring Or.,Coordination and Operations, Active Transportation, and Civil Engineering. suite 120, Palm Desert,CA 92260 ADVANTEC's mission is to provide quality engineering to the community that Ph:750,404.0630 would result in perceptible improvements towards the quality of life, safety, orange County Office: 1200 Roosevelt and efficiency of transportation. Founded in 1998, ADVANTEC is a Irvine,CA 92620 Ph: 949.861.4999 professional consulting firm specializing in planning, engineering and Los Angeles County technology services. Our name stands for our focus to capture Offices: 21700 Copley Drive ADVANCEMENTS in TECHNOLOGY for the benefits of our clients, thus Diamond Bar,CA 91765 Ph:909.860.6222 providing innovative solutions that meet the needs of our clients and the 4.45 S.Figueroa Street, public they serve. ADVANTEC has assisted over 110 local municipalities, 31st Floor regional transportation agencies and state governments in meeting their Los Angeles,CA 90071 Ph.:213.426.z168 transportation needs. This year marks the 20th Anniversary of ADVANTEC, Palmdale Office: and we have earned a reputation for responsiveness to the clients' needs. In 1008 W.Avenue M14, Suite A/0115 the past 20 years, we have a 100% on-time within-budget record on over 600 Palmdale,CA 93551 projects, serving over 100 satisfied clients, most of which are cities and public Inland Empire Offke: 3200 E.Guasti Road agencies. We maintain our reputation by upholding our firm's high standards Suite 100 Ontario CA 91761 of quality, client service, and professional integrity. Our unparalleled Ph!909.605.9300 expertise has led to ADVANTEC providing on-call Traffic/Transportation Engineering services to over 50 public agencies including: County of Riverside, Caltrans District 8, Caltrans District 7, LA County Metro, OCTA,John Wayne Airport,cities of Rancho Mirage, Coachella, La Quinta, Palm Springs, Culver City, Inglewood, Irvine, Lancaster, Ontario, San Clemente, Yorba Linda, Diamond Bar, Irwindale, Anaheim, Pomona, and County of Los Angeles. ADVANTEC has never been debarred, suspended or otherwise declared ineligible to contract with any other public agencies, nor have we been involved in any conditions (e.g. bankruptcy, litigation, merger) or organizational conflicts of interest that may affect the ability of the proposer to perform the required duties. We have hired :4 D i'A T'EC Cuw;uhins. 1:i��arrcrr, CONTRACT NO. C37390A ..._., x Mark Greenwood to be the Director of our Palm Desert office, however, we understand and will observe the CaIPEPS requirement that Mark will not be working on any projects for Palm Desert. We have 38 employees in five offices to serve our clients and partners throughout Southern California. We are opening our Coachella Valley Office in Palm Desert in September 2018, 1.2 Firm Experience >r S o PROVEN EXPERIENCE FOR EVERY MAJOR 2 Q ti a ` r ri k m c MUNICIPAL TRAFFIC ENGINEERING NEEDS $ s£ m La i" m r g 2 " e = t o g tt g y Q m 2 r a i t- a F v7 N n r ' V 1 0 .1 ¢ LJ wn kos Angeles County On-Call Traffic Engineering • • • • • ! • Services City of Anaheim On-Calf Traffic Engineering a a • a • • a + e . Services City of Diamond Bar On-Call Traffic • a • a • • a • a Engineering Services OCTA Traffic Engineering Services ■ • ■ • • • • • i City of Irvine On-Call Traffic Engineering • • a • • I • • • Services City of Rancho Mirage On-Call Traffic a a a t ; ; a • Engineering Services Caltrans District 8 On-Call Traffic Engineering • • • a • • Services City of San Clemente Signal Synchronization • a a a • • and System Upgrade Services City of Seal Beach Traffic Management Center A a a a and ITS Infrastructure Upgrade Coachella Valley Association of Governments Region-wide Traffic Signal Synchronization I • • s ■ ■ City of La Quinta Citywide HSIP Signal a 7, a Interconnect(Fiber Optic)Improvements City of Coachella 5 New Signals Project(T5,55, c 4 • S a a Communications, Roadway,and Signal Timing) City of Diamond Bar Safe-Route-to-School a .•1 Program City of Anaheim Bicycle Facilities Design J Services City of Covina Class II Bicycle Facilities Design [> O Services City of Covina Metrolink Station 9 a a • Parking/PedeStrian/Bicycle Access Study County of Los Angeles Sierra Highway Road a a Safety Study cCu.A.DV4. NTEC nsulring Engineer, I ee,�, CONTRACT NO. C37390A 1, id4'•, PI C o y Q _ C PROVEN EXPERIENCE FOR EVERY MAJOR q v im, , ^ v xC 2 c + w w P W 3 4 e C A C 11. E g , . C C a i MUNICIPAL TRAFFIC ENGINEERING NEEDS '" -cc tag r t - _ $ }yy� igg ,� p4p C y�y C e m .. E g 2 , a �y E, Cp Q I- 'J . 6 = 1 in N - F V1 LJ - o v ❑ su +A P, .a 4 u City of Palm Desert Traffic Signal Mods,SIC& • • • • Fire Station Warning System Project City of Seal Beach LA Fitness TIA Review • City of Anaheim Staff Augmentation Services e Cities of Culver City,Downey,Industry,and Inglewood Metro Call for Projects Grant a .; Applications 2009—2015 City of Riverside Beyond Traffic:Smart City ■ Challenge Grant Application ADVANTEC has provided similar on-call Traffic Engineering and ITS professional services to agencies in Southern California. Some of our related referenced projects are described under this section. CVAG—Coachella Valley Regional Signal Synchronization Program CVAG has embarked on a major effort to advance the development and implementation of 'Au J .L - 111."--T4i- ,il Intelligent Transportation Systems Programs in the ' t _ • - Coachella Valley with an emphasis in the � 'r_-:1= , r = \ t development of a valley-wide traffic signal • - interconnect master plan and signal 4Y0 ,--. synchronization of new and existing signals on the crri regional arterials roads. The objective of this project is to reduce traffic congestion and its associated negative impacts by deploying advanced Il:,! :....x.a......1..Kp..,..__ technologies to facilitate the region's local jurisdictions to operate their traffic signals and ITS efficiently and effectively. The work consists of thirty-five major " •_ " 'l -l-=• r tasks including: CVAG Traffic Signal Interconnect Master Plan, SystemWI :'� --hvall JP_ • Engineering Management Plan (SEMP), Concept of Operations (ConOps) and 1 �,�� Strategic Deployment Plan, System Requirements, Environmental, Preliminary Engineering, Systems Integrator Procurement and Design, System Implementation, Construction Management and Inspection, Traffic Signal Synchronization, Operations and Maintenance, and preparation of project website. 4 Cu rLDtANTL'L rNAcum,-/Aril !'nw irrrer. CONTRACT NO. C37390A City of La Quinta Citywide FHSiP Signal Interconnect Improvements The project consists of technology evaluation and assessment, the preparation of plans, specifications and engineer's estimates (PS&E),f, and the preparation of = ��+L 4sm " environmental documents in accordance with the National l■ r. -.} form, Environmental Policy Act (NEPA) for the improvements associated with City's HSIP Interconnect Project. The proposed project will upgrade the City of La Quinta's existing -- signal interconnect network to fiber optic communications, installation of communication hubs, and communication hardware and software at the City's Traffic Control Center. As part of the preliminary engineering task, ADVANTEC provided a technology assessment for the selection of new fiber optic Ethernet switches, and provided value engineering to determine if the proposed improvements were within the allocated funding. Final PS&E includes fiber assignments, communication details, and TMC upgrades for future expansion and incorporation of the CVAG traffic signal interconnect master plan and CVAG's Phase 1 proposed traffic signal and communications improvements. City of Palm Desert Traffic Signal Modifications, Interconnect & Fire Station Warning System Project This project consists of the preparation of PS&E for traffic signal -- -- f-i_•_ modifications located at Highway 111/Park View Drive/Painters Path and s ' El Paseo/San Luis Rey Avenue intersections; the installation of fiber optic signal interconnect conduit and cable to adjacent traffic signals along four 116- - roadway segments, and a fire station warning system for Fire Station 71 on Portola Avenue south of Country Club Drive. The proposed project improvements include, but not limited to installing city- furnishing controller cabinets, intersection rewiring, bike/vehicle detection, conduit, fiber optic cable, communications equipment, and other signal equipment upgrades for the traffic signal modifications. The new fire station warning system consists of the installation of flashing beacons, poles, pre-emption system, and signing/striping in order for oncoming traffic to be warned in advance when emergency vehicles are pulling into and out of the fire station driveway along Portola Avenue. As an added-value service, ADVANTEC provided two design alternatives for the new fire station warning system layout and operations including cost estimates. This helped the City's choose the best-case scenario. 4D EANTEC fill,idrilig En,.v ncer. CONTRACT NO. C37390A City of Rancho Mirag O=Call T affic Engineering Services _ �.. ADVANTEC serves the City of Rancho Mirage with various _ 5yW.v,;ETI1]R E cap•L.,v on-call traffic engineering services. Our services cover all aspects of traffic engineering planning and design, traffic = _. r }�Y,� TM� Y signal timing, Intelligent Transportation Systems (ITS), plan ' check services, site plan reviews for private developments, guidance in regards to the latest local, State and Federal guidelines and standards, and other requested services, such as assistance with citizens requests, work orders, and meeting attendance. ADVANTEC's work over this period includes the preparation of Multi-Way Stop Control Analysis reports at two locations, 1) Da Vail Drive at McCallum Way, and 2) Morningside Drive at The Springs/Morningside Country Clubs (Duke Drive/iohnar Boulevard). We conducted a site plan review for a new development (Gas Station/Market Store) at the northeast corner of Monterey Avenue at Frank Sinatra Drive, and provided recommended improvements related to turn pocket storage, sight distance, and turning movement restrictions. We also prepared Citywide Left Turn Phasing Guidelines that will be used to in order determine the proper left turn phasing — it includes criteria from local, State and Federal guidelines and standards. In addition, we prepared a signing and striping modification plan along Morningside Drive at Country Club Drive. ADVANTEC has been responsive and timely with each of our task order requests. 1.3 References References from similar projects completed are provided below. Project Name/Description Reference g Project Info Engineering Staff Augmentation (2015-Present), Reference: City of Anaheim,Mr. Rafael Cobian Anaheim,CA (714) 765-4991 rcobian@anaheim-net Traffic Signal Rehabilitation Project, Newport Reference: City of Newport Beach,Mr. Eric Lake Beach, CA (949) 644-3336 elokefanewoortbeachca.eov On-Call Traffic Engineering Services,OCTA Reference:OCTA, Mr. Ron Keith (714) 563-5990 rkeithPocta.net Coachella Valley Association of Governments Reference: CVAG,Mr.Eric Cowie (CVAG)Regional Traffic Signal Synchronization (909) 399-5395 ecowle@cvag.org AD VAN TEC G.rrsuIr nr r*•ir;ryrrccc 1''r1 , CONTRACT NO. C37390A 2.1 Proposed Staffing and Project Organization �-- r The ADVANTEC Team brings a group of highly ` �f it .if' { � - i specialized personnel with a previous similar on-call •• 4, Carlos Ortiz,PE,TE.PTOE -S;;,- - .:41it traffic and ITS planning and engineering projects. The ,''#=Y r proposed key team members are intended to serve in ioi i their respective roles throughout the duration of the agreement. Our team members are familiar with City 1 John Dorado,PE Prof,:.;Manager of Palm Desert traffic signals and signal communication : it k system, roadway system and are knowledgeable about the community. In 2017, ADVANTEC completed the support Staff 't Jose Guedes,TV Jonathan Eielgado Coachella Valley Traffic Signal Interconnect Master John Cox Bryan Elenes Plan where we have reviewed the City of Palm Desert Ryan Miller Nicholas Park Enrique Biche existing traffic signal and signal communication FrankGamet J systems and we have defined the migration path for 'Key Support Staff the City's integration of state-of-the-art transportation Figure 2.1 Organization Chart technologies including an Ethernet fiber optic communication system and a new Traffic Management Center (TMC). Our organizational chart, as shown on Figure 2.1, illustrates the proposed organizational structure of our project team. Our Project Director will be Mr. Carlos Ortiz, P.E., T.E., P.T.O.E. Mr. Ortiz has over 29 years of experience and has managed similar projects involving the planning, selection, design, and implementation of various traffic signal equipment upgrades, signing/striping improvements, roadway improvements, and Intelligent Transportation Systems KS). Mr. Ortiz is the Project Manager for the Coachella Valley Regional Traffic Signal Synchronization Project. "- More recently, Mr. Ortiz has conducted assessment and evaluation r studies and developed Systems Engineering documents for 1111 � r' " .1 procurement of various state-of-the-art ITS transportation +• �- i' _ technologies. Mr. Ortiz has been providing traffic engineering Itservices to the City of Palm Desert since the 19905. Mr. John F+ y AD E4NTEC (impart-rt.,.Engineers 014tRit CONTRACT NO. C37390A Dorado P.E. will serve as Project Manager and the point-of-contact with the City of Palm Desert. Mr. Dorado has managed similar projects on-call projects, and brings in-depth knowledge and experience with various traffic analysis, planning, traffic engineering and design, and ITS planning and design. Mr. Dorado is currently serving as Project Manager for the City's Traffic Signal Modifications, Interconnect Improvements and Fire Station Warning System Project, which is at 90%completion. He is also serving as Project Engineer for the Coachella Valley Regional Traffic Signal Synchronization Project, and is very familiar with the traffic signal infrastructure for the City of Palm Desert. Our key support staff, Mr. Jose Guedes, T.E. will serve as our task leader for work related to Traffic Signal Timing and Coordination. He has over 28 years of experience, with his primary focus on traffic signal timing, coordination, implementation, and fine-tuning various traffic control systems including Econolite's Aires (the City's current system)and Centracs advanced traffic management system. 2.2 Quality Management Plan Our OA/QC Program is a continuous process, these policies and procedures are identified below. Approach ► Specify individual responsibilities for each of the positions in the QA/QC Defined roles and responsibilities of key staff organization structure;QA/QC training for all project staff holds overall team QA/QC kick off meeting to review QA/QC plan and expectations. Establish process for flow of project documentation to key staff and Dissemination and retention of pertinent reference Information document control procedures (e.g., scope of work, invoice/progress reporting,meeting minutes/action items,deliverables,etc.) Expectations af internal/external Project Team r Develop consistent meeting minutes, action item tracking, and issue and design interface meetings resolution log format. Expectations for regular"over the shoulder" ' Define protocols for continuous review process during plan/document reviews by oiscipline/Task Manager preparation to ensure multiple discipline involvement. Inter-disciplinary coordination and shared work F Establish weekly or biweekly design meetings (e.g., survey, roadway, elements stage construction). Inter-disciplinary exchange of plans prior to milestone submittals for joint review ensuring plan and work consistency i• Assign qualified,experienced independent review staff. Milestonechecking of calculations,reports and y Perform checking, revisions and back checking in a coordinated manner plans considering standards, project scope, technical accuracy, format, presentation and previous review comments Perform overall constructability review with experienced construction management personnel considering biddability and buildability. [onstructabllity and biddability review Y Cross check utility systems against underground features (e.g., storm drain,footings,etc.) Cross check all pay items with plans, specifications and quantity estimates. Quality Control Review Checklists ' Require all design disciplines to implement pertinent checklists in the preparation of project P5&E ctD IANTEC ''n'ulrirz,,I:ietirrctrs CONTRACT NO. C37390A ADVANTEC certifies that we have the ability to obtain the project insurance requirements and project insurance limits stated in the Request for Proposal. A summary of our Insurance is provided herein: Insurance Coverage: General Liability: $2,000,000 (Each Occurrence) Automobile Liability: $1,000,000(Each Accident) Professional Liability: $1,000,000 (E&0) Workers Compensation: $1,000,000 SECTION 4: COST PROPOSAL/FEE PROPOSAL/FEE SCHEDULE 4.1 Cost Proposal/Fee Schedule For each project or task order, ADVANTEC will provide scope of services, project schedule, and anticipated hours and fee based on our hourly rates. The following hourly rates are applicable as of January 2018, and these rates are to be maintained for the one-year duration of the contract with an option to extend up to two additional one-year periods. Effective January 2018 Classification Rate Classification Rate Project Director Ill $260/hour Engineer/Planner V $120/hour Project Director II $220/hour Engineer/ Planner IV $110/ hour Project Manager VI $200/hour Engineer/Planner III $100/hour Project Manager V $180/hour Assistant Engineer I $ 75/hour Engineer/Planner VIII $160/hour Technician V $ 95/hour Engineer/Planner Vli $140/hour Technician ill $ 75/hour Engineer/Planner VI $130/ hour Administrative VI $ 90/hour Administrative f $ 75/hour Direct Costs Effective January 2018 Mileage IRS Current Rate In House Plotting(Mylar) $20.00 per 0-size sheet In House Plotting(Bond) $10.00 per D-size sheet Other Direct Costs At Cost + 10% admin ADf ILVTEC Crrr+arritin';i:n/irrerry CONTRACT NO. C37390A 5.1 Work Plan/Technical Approach ADVANTEC has assisted many cities to perform on-call tasks related to traffic engineering, including: • Attend and/or represent the Public Works Department in a variety of interagency and public meetings, including interaction with other City Departments. Represent the City in meetings with school district officials and homeowner associates to address concerns regarding traffic circulation, and ingress/egress associated with schools or neighborhood developments. Coordinate possible modifications to traffic control, as required, meeting both the needs of the City and the school districts/homeowner associations. Conduct Engineering and Traffic Surveys per MUTCD guidelines, Roadway Safety Audits (RSA), and other miscellaneous traffic investigations to determine the adequacy of the existing traffic control devices and, as necessary, propose new/additional traffic safety measures. - Identify and develop solutions for and advise City staff on addressing and responding to citizen requests. • Provide technical assistance for day to day operations of traffic signals, including signal timing, phasing and methods to improve operational efficiency. • Preparing materials to be used for issuing work orders to implement signing and striping changes requested by citizens. • Prepare staff reports, make presentations and attend City Council and Planning Commission meetings, if requested. Analyze complex engineering designs, methods,and procedures to determine feasibility and impact. • Review development plans including environmental impact reports and impact studies for potential traffic issues and advise City on possible solutions. Review precise grading and public improvement plans for potential traffic issues and advise City on possible solutions. - Review and approve all traffic control plans (TCP) for construction projects and permit works and advise City on potential issues. Review development proposals and conduct studies as appropriate to ensure consistency with City. County and State codes, standards,regulations,ordinances,policies and statutes. Assist with contract administration, interact with staff, consultants, the public, community groups, engineers, and inspectors during all phases of the design and construction of Capital Improvement Projects. ADfAN/I:c con:cutting t ii. 'j, Contract No. C 37390B ON-CALL TRAFFIC/TRANSPORTATION ENGINEER CONSULTANT SERVICES CITY OF PALM DESERT PROFESSIONAL CONSULTANT SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 23rd day of August, 2018, by and between the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, 92260 ("City") and INTERWEST CONSULTING GOURP, INC., A California Corporation with its principal place of business at 431 Palm Canyon Drive, Suite 200, Palm Springs, California 92262 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional engineering consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional engineering consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional engineering consulting services for On-Call Traffic/Transportation Engineer, Contract No. C37390B ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in 1 Updated 06/02/2017 Contract No. C 37390B accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from September 1, 2018 to August 31, 2019, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement is as follows: Nicole Jules, P.E., RCE No. 65984. 2 Updated 06/02/2017 Contract No. C 37390B 3.2.5 City's Representative. The City hereby designates Tom Garcia, P.E. Director of Public Works, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant, but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which increase the Scope of Work or change the Consultant's total compensation, subject to the provisions contained in Section 3.3 of this Agreement. 3.2.6 Consultant's Representative. Consultant hereby designates NICOLE JULES, P.E., or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her professional skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub- consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself reasonably informed of and in compliance with local, state and federal laws, rules and regulations affecting the performance of the Project or the Services and in effect at the contract execution or reasonably 3 Updated 06/02/2017 Contract No. C 37390E known changes, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, 4 Updated 06/02/2017 Contract No. C 37390B including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. OTHER PROVISIONS OR REQUIREMENTS Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his/her agents, representatives, employees or subconsultants. Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 5 Updated 06/02/2017 Contract No. C 37390B Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, and shall require similar written express waivers and insurance clauses from each of its sub-contractors. Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. Pass Through Clause. Consultant agrees to ensure that its sub-consultants, sub-contractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all 6 Updated 06/02/2017 Contract No. C 37390B responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, sub- contractors, and others engaged in the project will be submitted to City for review. City's Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and sub-contractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE HUNDRED THOUSAND DOLLARS and NO/00($100,000,00.) without authorization of the City Council or City Manager, as applicable, per the Palm Desert Municipal Code. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. 7 Updated 06/02/2017 Contract No. C 37390B City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "A" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without authorization from the City Council or City Manager, as applicable, per the Palm Desert Municipal Code. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "A" may be adjusted each year at the time of renewal as set forth in Exhibit "A." 3.3.6 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.3.7 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be 8 Updated 06/02/2017 Contract No. C 37390B compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: ATTN: 9 Updated 06/02/2017 Contract No. C 37390B City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Tom Garcia, P.E. Director of Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensinq of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings and data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant except as required by law or as needed to establish a defense. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant 10 Updated 06/02/2017 Contract No. C37390B which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.3.3 Right to Use. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the 11 Updated 06/02/2017 Contract No. C 37390B Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.5.9 Time of Essence. Subject to the industry standard of care, Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 12 Updated 06/02/2017 Contract No. C 37390B 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation, or to undertake self- insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. THE REMAINDER OF THIS PAGE IS LEFT INTENITONALLY BLANK SIGNATURES ARE ON THE FOLLOWING PAGE 13 Updated 06/02/2017 Contract No. C37390B CITY OF PALM DESERT INTERWEST CONSULTING GROUP, INC. Consultant By: By: Lauri Aylaian, City Manager Signature ATTEST: Name By : Date Rachelle D. Klassen, City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney 14 Updated 06/02/2017 Contract No. C 37390B EXHIBIT "A" SCOPE OF SERVICES AND COMPENSATION CONTRACT NO. C37390B SECTION 1 Transmittal Letter / Executive Summary June 27,2018 Mr.Bo Chen,PE, City Engineer I N T E R W E S T City of Palm Desert CONSULTING GROUP Department of Public Works 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 RE: Response to Request for Proposal to Provide On-Call Traffic I Transportation Engineer Consultant Services Dear Mr. Chen, We understand the City of Palm Desert is seeking proposals from qualified firms to provide On-Call Traffic I Transportation Engineer Consultant Services. Our proposal is crafted and submitted for the purpose of demonstrating Interwest's ability to provide the specific services outlined in the City's RFP. With more than 350 employees,our company is large enough to serve all of your engineering needs,yet small enough to ensure that we maintain focus and are responsive to the City's needs.We currently serve more than 200 cities and counties including the Cities of Palm Springs,Beaumont, Wildomar,Easivale,San Marino,and San Juan Capistrano. We propose to provide all of the services outlined in the City's RFP. Interwest has the capacity,experience and capability to provide the traffic engineering services the City requires,and have proposed a comprehensive team of traffic specialists to work with City staff to successfully achieve the City's goals. Interwest has a deep bench of highly qualified engineers,nearly all of whom have served for many years as city staff prior to providing consulting services. Our staff includes former Public Works Directors,City Engineers,City Traffic Engineers, Capital Projects Managers, Construction Managers and Chief Building Officials. This background and experience is important since serving in the capacity of the"owner,"especially local agencies, requires a high level of sensitivity towards community and special interest group issues. Accordingly, our professional staff truly understands and values the importance of maintaining a focus on representing the interests of our public agency clients in a manner which reflects positively on the cities we serve. We focus on building relationships with our clients that extend far beyond the provision of day-to-day services.Our staff have the proven ability to work collaboratively and communicate effectively with city staff to work towards common goals. 431 S.PAI.AI CA.Nsf ON DRIVE,Sum 200•PALM SPRINGS,CA 92262•TEL.760.417.4329•www intcrwcstgrp com CONTRACT NO. C37390B Our primary contact for this engagement and throughout the selection process is Nicole Jules, PE, Interwest's Director of Traffic Engineering Services and proposed Project Manager for this engagement. Nicole's contact information is: 431 S.Palm Canyon Drive,Suite 200 Palm Springs,CA 92262 714.243.8573 njules@interwestgrp.com Please contact Nicole directly if you have any questions or would like additional information. We appreciate the opportunity to present Interwest's qualifications to provide these traffic engineering services for your review and consideration. By my signature below, I attest that we have read and understood the City's RFP, including the Sample Professional Consultant Services Agreement, have provided information in our submittal that is true and correct and at the time of signature,we have not received any addenda. As Interwest's Public Works Group Leader and a Company Officer, I am authorized to represent and bind the Company to the terms and conditions of our proposal which is valid for 180 days. Sincerely, rj- 04./04 a' James G. Ross Public Works Group Leader 431 S.PALM CANYON DRIVE,SUITE 200•PALM SPRINGS,CA 92262•TES..760.417.4329• v w.interwestgrp corn 2 CONTRACT NO. C37390B SECTION 2 Qualifications, Experience and References Founded and incorporated in 2002, Interwest Consulting Group, Inc. is a privately held corporation with more than 350 employees spanning a multitude of disciplines, roles and job placements in municipalities in California, Nevada and Colorado. The seamless integration of professional municipal service professionals in support of public agencies is our sole purpose. Our professionals currently provide services to more than 200 public agencies. Interwest is comprised of Civil Engineers, Traffic Engineers, Structural Engineers, Electrical Engineers, Fire Protection Engineers, and Mechanical Engineers registered in the State of California, Building Officials, Plans Examiners and Inspectors of various disciplines certified by the International Code Council, (State of California) Certified Access Specialist (CASp), and other professionals specializing in providing complete public works engineering and building and safety services to local government agencies. We provide a full range of services to our clients throughout California including: • Traffic I Transportation Engineering • Building Safety Plan Review, Inspection, • Municipal Engineering and Permit Technician Services • Capital Project Improvement Program • Fire Prevention Plan Check and Inspection Management • City Planning • Construction Management and Inspection • Information Technology (IT) • Transportation Program Management and • Real Estate Services Funding Assistance • Geographic Information System(GIS) Interwest has nine offices in California, including five Southern California offices. Our Palm Springs office is located less than 15 miles from the City of Palm Desert and we have access to additional staffing resources if necessary. DISCLOSURES Interwest Consulting Group is a highly stable consulting firm. We have an excellent credit rating and solid banking relationships. In addition, we are part of a select group of consulting firms nationally who belong to the Design Professionals Risk Control Group(DPRCG),an insurance group accepting only companies with excellent risk management history. We carry very low debt and have no professional liability claims against the company. 1 I NTERWEST i CONSULTING GROUP 3 CONTRACT NO. C37390B SECTION 3 Proposed Staffing and Project Organization Interwest has proposed a team of highly experienced Traffic Engineers and support personnel to provide the requested services to the City of Palm Desert. With many additional qualified staff in Southern California, Interwest has the ability to increase staffing levels as needed to meet the City's traffic engineering requirements. Key staff will not be replaced unless agreed by City Staff. PALM DESERT DEPARTMENT OF PUBLIC WORKS James G.Ross Chris A.Vogt,PE Principal-En-Charge Coachella Valley Regional Manager Nicotp Jules, Project Manager TING INTER WGEI OUPST roNs%,i TRAFFIC ENGINEERING SERVICES Ruth Smith,TE,PTP 137 Years Experience) Traffic Engineer Andrew Yi,PE.TE,PTOE(30 Years Experience) Deputy Traffic Engineer Steven L.Wright,PE,TE i30 Years Experience) Traffic Operations Engineer Edgar Monroy,PE,TE ia0 years Exper ence) Traffic Operations Engineer Yvonne Soto Engineering Associate Grecia Bahena Engineering Associate RESUMES OF KEY PERSONNEL We have included detailed resumes for the key personnel proposed to provide these services to the City of Palm Desert in the Appendix of this proposal. INTERWEST CONSULTING GROUP 5 CONTRACT NO. C37390B SECTION 4 Insurance Interwest will provide the necessary insurance coverage for the duration of the contract.A sample certificate of insurance is provided below. Act)Reer CERTIFICATE OF LIABILITY INSURANCE � PB`°D" "'„ 201 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.TINS CERTIFICATE DOES NOT AFRRMATIVELY.OR NEGATIVELY AAEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERl9),AUTHORISED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER. IMPORTANT: II the certificate holder is en ADDITIONAL INSURED,the poliicyllies)must be endorsed. 11 SUBROGATION 19 WANED,abject to the tenni end conditions oldie policy,certain policies may require an endonwnenL A statement on MN carallcats does not cooler rights to the certificate holder In lieu of such endorsrlanttol. 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EL DEEMS•FOXY lMr MONAD A P,M.rdirrlllabYy V OPRW1a33T 11/lat017 II'I4201E Pm OYn 11.000/01 m Palue Use t Mid Amm mo+. 15.000.000 Oran Reds DeOt1101 CO arE$AIO1a LIRE FCC1YB.R11/ACPO IRE.A*4Aon41 Rl.nf.IOI &.me,Y 4r.aAr•W .AP.0 nr..101 As required by written contractor written agreamerd,the folicreing provisions apply subject to the panty terms,conditions,Irmiations and exclusions The Certificate Holder and owner are Included as Automatic Addibona!Insured's for ongang and completed operations under General L.Nb11 y�r Designated Insured under Aulorno bile Ltabalty-end AddibwHl Insureds under Umbrella I Excess Llabddy but only with respect to ION NNy arising out of the Narned Insured work performed on behalf of Ire certificate holder and owner.The General liability, Automobile Liability,Umbrella/Excess Insurance applies on a primary and noniv4drmutory Dula A Blanket Waiver of Subrogation applies tar General Liability,Automobile Uabdity,Umbret:ejExcesa Uab Icy and Workers Compensation The Umbrella t Excess Llablity poicy See Attached... CERTIFICATE HOLDER CANCELLATION H OULE ANY OP 710 A/OVI DESCRIED POLICIES BE CANCELLED BEFORE For Proposal Purposes Only 710 IDUEUTION DATE T1411EO1, NOTICE WILL BE DELIVERED E4 ACCORDANCE Valli INS POLCY►ROVISION& AU71OR1ffi IIaPPENpRATn1e Yo�SSk O 1881.2014 ACORD CORPORATION.AI rights fmfarmd. ACORD 21 120l41011 The ACORD earns and logo are regte Wad marks of ACORD e INTERWEST CONSULTING GROUP 0 CONTRACT NO. C37390B SECTION 5 Cost Proposal I Fee Schedule Hourly Billing Rates Interwest Consulting Group proposes to provide On-Call Traffic/Transportation Engineer Consultant Services to the City of Palm Desert. The rates displayed in the fee schedule below reflect Interwest's current hourly rates. Hourly rates are typically reviewed yearly on July 1 and may be subject to revision unless under specific contract obligations. These rates are inclusive of shipping,supply, or material costs. lnterwest Staff Classification. Hourly Rate James G. Ross Principal-in-Charge $175 Chris A.Vogt, PE Coachella Valley Regional Manager $160 Nicole Jules,PE Project Manager $ 160 Ruth Smith,TE, PTP Traffic Engineer $140 Andrew Yi, PE,TE,PTOE Deputy City Traffic Engineer $130 Steven L.Wright,PE,TE Traffic Operations Engineer $135 Edgar Monroy,PE,TE Traffic Operations Engineer $135 Yvonne Soto Engineering Associate $105 Associate $105 LGreca8ehena Engineering _ _..._..._._..._.__._______._......_ Overtime: Services provided in excess of8 hours per day,nights&weekends will be charged at 125% of the noted rate. INTERWEST CONSULTING GROUP CONTRACT NO. C37390B SECTION 6 Work Plan 1 Technical Approachr� : PROJECT UNDERSTANDING AND WORK PLAN tt� 'of J'f Interwest understands that the City is seeking a professional consultant to _ provide On-Call Traffic / Transportation Engineer Consultant Services. 7, xi Interwest's traffic engineering staff can provide the services as outlined in the RFP and will tailor our services to each assignment requested by the City. lnterwest's experience providing traffic engineering services to municipal clients has taught us that there is no "one-size-fits-all-process that applies to every situation in every city.However,that same experience has helped us to recognize the importance of employing best practices in proven real-world solutions to help solve practical issues faced by many of our clients. The traffic engineering services requested by the City of Palm Desert are standard to almost all cities, but we understand that there may be issues specific to the City that require a slightly different method for achieving the City's goals. City staff will be able to provide contextual information that will help Interwest staff adapt our processes to best serve the City. One of the primary advantages to the City of selecting Interwest to provide these services is the depth and breadth of our consultant bench. Not only do we employ a large number of public works engineers, but their collective experience providing services to California municipal clients—both as internal staff and consultants—is far more extensive than our competitors. The practical advantage for our clients is that Interwest traffic engineering staff have a built-in"network"for collaborating and sharing ideas and solutions that benefit our clients. Interwest looks forward to collaborating with City staff to provide the existing proposed services and to enhancing and expanding those services for the citizens and development community of Palm Desert. CITY REQUIREMENTS Depending on the type of on-call traffic engineering services requested,we may need to work closely and directly with designated City staff,or we may be able to work independently, depending on the specific project services required. INTERWEST CONSULTING GROUP 8 CONTRACT NO. C37390B APPENDICES Detailed Resumes To better display the qualifications and experience of the team proposed to serve the City of Palm Desert, resumes of our key staff have been attached as appendices. J- INTERWEST CONSULTING GROUP CONTRACT NO. C37390B Chris A. Vogt, PE Coachella Valley Regional Manager 1 N T E R W E ST Chris has over 35 years of successful management, planning, implementing, and CONSULTING administering public works projects and programs. He brings a solid history of successful GROUP management with over 24 years as a Public Works Director/City Engineer. He brings an exemplary work ethic focusing on continuous process improvements while maintaining the www.Interwestgrp.com ability to effectively navigate politically sensitive environments. He has managed an operational budget of over $39 million and a comprehensive Capital E D U C A T I O N Improvement Program in excess of$1.6 billion. Supporting cities in Southern California , Bachelor of Science,Civil Engineering Chris has a wealth of knowledge in budget preparation; infrastructure maintenance; University of Pittsburgh professional and construction contract negotiations;organizational development; project Pittsburgh,PA management;water, sewer and electrical utility operations and construction; engineering REGISTRATIONS design; staff development; training and mentoring; complex engineering studies such as CERTIFICATIONS Development Impact Fees and assessment engineering; and public informational and CA Registered Civil Engineer 144250 collaborative meetings. PROFESSIONAL Chris is a professional who brings solutions to our clients. He is flexible and open with his AFFILIATIONS communications and fosters a teamwork atmosphere in resolving challenges. He is APWA American Public Works committed to serving the needs of the client through strong leadership and a collaborative Association, approach. Southern California Chapter President 2012 SPECIFIC EXPERIENCE APWA American Public Works City Engineer I Senior Project Manager Association,Coachella Valley Branch of 2012-Present Interwest Consulting Group ( CA Southern CA, Chris provides various public works director and city engineer services to jurisdictions President&Creator,2000 2001 throughout Southern California. His responsibilities include:implementing and developing City/County Engineers Association capital improvement programs and development impact fees;staff training,mentoring and Inland Empire President,1996 management; direction and supervision of professional, technical and maintenance staff; program management over consulting contracts (design and construction management professionals); completion of specialty projects; and coordination of issues with public utilities. Director of Public Works I City Engineer 2006—2011 City of Moreno Valley I CA Managed a Public Works Department of 145 professional,technical,maintenance and clerical staff with an operational budget of 539 million and Capital Improvement budget of $180 million (comprehensive $1.6 billion). Public Works included seven divisions: Administration, Engineering Land Development, Traffic, Capital Improvement Projects, Maintenance (solid waste, street, storm drainage, graffiti, and fleet), Special Districts, and the Moreno Valley Electric Utility. Select Accomplishments: - Competed a$25 million electric sub-station project and participated on the City's bond team - Reorganized the new City Electric Utility - Completed a $1.6 million Veterans Memorial project within schedule and budget by working with a citizen design committee - Directed staff in the development of a comprehensive Capital Improvement Program that reflects all projects to ultimate build out of the City($1.6 billion) - Coordinated City regional projects with Caltrans, Western Riverside Council of Governments,and the Riverside County Transportation Commission - Completed a$10 million regional soccer facility(synthetic turf) - Renegotiated the City's Solid Waste contract resulting in enhanced services and full indemnification under AB 939 without additional costs to the City CONTRACT NO. C37390B Director of Public Works ( City Engineer 2001—2006 City of Pomona I CA Supervised the Public Works Department of 97 professionals, which included Administration, Engineering, Development,Traffic,Capital Improvement Projects, Streets, INTER WEST Stormwater, Graffiti Abatement, Facilities Maintenance, Building and Safety, and City CONSULTING Communications. GROUP Select Accomplishments: www.Interwestgrp.com - Developed a comprehensive Capital Improvement Program - Developed a bond issue with Gas Tax proceeds to complete$10 million worth of street rehabilitations and improvements - Completed $2 million White Avenue beautification project fronting the L.A. County Fairgrounds - Established and implemented the City's Graffiti Abatement Program that improved removal time to 24 hours Director of Public Works I City Engineer 1996--2001 City of La Quinta I CA Managed the Public Works Department of 20 professional,technical,and clerical staff.This included Administration, Engineering, Development, Traffic, Capital Improvements and Street Maintenance. Select Accomplishments: - Coordinated the development and implementation of La Quinta's first Development Impact Fees - Updated the City's $800,000/year Lighting and Landscape Assessments to conform to Proposition 218 - Completed a $500,000 community pool and locker room/office facility project within schedule and budget utilizing the design/build process - Completed a$20 million assessment issue and coordinated the construction associated with the assessment for public sewers, street improvements, and a downtown beautification project Director of Public Works (City Engineer 1991-1996 City of Chino Hills I CA Held multiple positions while serving the City of Chino Hills.Was the first Director of Public Works/City Engineering when the city was incorporated in December 1991.Established and directed the Public Works Department of 40 employees(not including consultants)under six divisions.These divisions included Administration,Engineering Design and Development, Traffic and Roads, Water, Sewer, Drainage, Utility Operations, and Facilities/Vehicle Maintenance and Operations. From 1992 1993, the Parks and Landscape Maintenance Division (1972 Lighting and Landscape Act)was also under his direction including a Parks and Landscape Manager and 15 employees. Select Accomplishments: - Completed the$10 million extension of the ultimate improvements to Chino Hills Parkway from Carbon Canyon Road(SR142)to the 60 freeway in Pomona - Developed the first Public Works Department for the City of Chino Hills after Incorporation - Supervised a$13M/year Water Utility operational budget for the City - Developed the first Pavement Management System for Chino Hills - Developed and Streamlined the Final Map and Developer Entitlement process Public Works Engineer II/Project Engineer III 1986—1991 County of San Bernardino/Special Districts Municipal Engineer 1983—1986 Westmoreland, Washington, Somerset, and Alleghany Counties in South Western PA CONTRACT NO. C37390B Nicole Jules, PE Director, Traffic Engineering Services CA Registered Professional Civil Engineer INTERWEST CONSULTING Nicole has over 20 years of progressive professional experience and a results GROUP oriented track record. She has managed a variety of complex, controversial public works improvement projects in both private and public employment and www,tnterwestgrp.com enjoys being a civil servant. Her 13-year career spans all aspects of civil engineering, including working in a variety of environments. Her well-rounded experience has developed an ability to work successfully with varied clients and EDUCATION communities. Nicole has expertise in understanding how to balance good B.S.,Civil Engineering engineering with practical and feasible solutions.She has provided services that University of California,Irvine include traffic signal design and construction, geometric design, traffic impact Irvine,CA studies,traffic circulation and parking analyses,construction staging,and traffic Master of Planning:Transportation Planning control plan design. Additionally, she is proficient in roadway design, curb, University of Southern California gutter, sidewalk and median design, precise grading and storm drain facilities. Los Angeles,CA Her experience includes project management for the construction of storm drain facilities,roadway rehabilitation projects, a landslide stabilization project, REGISTRATIONS and park improvements. CERTIFICATIONS PROFESSIONAL EXPERIENCE CA Registered Civil Engineer]65984 Deputy Director of Public Works AFFILIATIONS 2014-2017 City of Rancho Palos Verdes I CA Member of the American Public Nicole performed advanced engineering work in planning, organizing, and Works Association(APWA) directing the day to-day activities of the Public Works Department. She Member of the American Society of managed and oversaw the administrative division as well as supervise the Civil Engineers(ASCE) design, construction, maintenance and operation of streets, public structures, Member of the Institute of parks, water and sewer systems, and other City public works projects. Nicole Transportation Engineers provided engineering assistance and coordination to other City departments and managed professional consultants and contractors on public works improvement projects. Assisted in preparing the Department budget and Capital Improvement Plan. Reviewed the preparation of plans for overall projects, including design study reports,environmental impact statements, and traffic engineering reports as well as review departmental staff reports for City Council and advisory board meetings. Nicole served as staff liaison to the Infrastructure Advisory Committee, Traffic Safety Committee and the Palos Verdes Peninsula Transit Authority. Provided leadership and support to a team of 16 dynamic individuals to follow-through with the goals of the organization. Senior Engineer 2009-2014 City of Rancho Palos Verdes I CA Nicole managed several large capital improvement projects, resulting in major improvements to the City's infrastructure and roadway network. Implemented a 7-year roadway rehabilitation program to preserve the City's roadway infrastructure. She managed projects and maintenance activities within the City's rights-of-way.Administered the City's encroachment permit and parking permit programs. Supervised and managed a team of 5 consisting of Associate Engineers, Assistant Engineers, Permit Technicians and Public Works Inspectors.Nicole also improved the Department's delivery of customer service by streamlining permit requirements and coordinating permit activities with other departments. Traffic Management, Rancho Palos Verdes Project Manager and staff liaison providing various municipal traffic engineering improvements, including traffic signal maintenance,signing and striping plans,investigating citizen requests for traffic controls and traffic safety analysis. CONTRACT NO. C37390B 2St Street Roadway&Drainage Rehabilitation,Rancho Palos Verdes Project Manager for construction of storm drain improvements and roadway resurfacing along 25'Street in the City of Rancho Palos Verdes.This$500,000 project included 36" HOPE pipe, an outlet structure, several drain inlets, I N T E R W EST asphalt rubber and metal beam guard rail modifications. CONSULTING GROUP San Ramon Drainage&Landslide Stabilization,Rancho Palos Verdes - Project Manager of a $4 million landslide stabilization project on private property in www.interwestgrp.com the City of Rancho Palos Verdes.The project included construction of 36"HOPE storm drain pipe, an outlet structure, over 75,000 tons of highly engineered imported fill,4"subdrains,v-ditches,landscaping and irrigation. Principal 2004-2009 Priority Engineering Inc. I Torrance,CA As a consulting engineer, Nicole provided professional engineering services to municipal and private clients.Services included signal design,geometric design, project management, traffic and parking studies. Managed a team of 12 professionals. Senior Engineer 2002-2004 City of Rancho Palos Verdes I CA Nicole managed several large high-profile capital improvement projects, including museum improvements, storm drain enhancements, landslide stabilization, lead remediation, pavement rehabilitation, traffic improvements and transportation management strategies. Directed and managed a host of consultants and contractors. Coordinated with other City Departments on complex development projects and also participated in leadership development activities. Associate Engineer 2001-2001 City of Torrance j CA Nicole was the Project Manager for several capital improvement projects including water main improvements, storm drain connections and pavement rehabilitation.Managed the city's pavement management system. Newton/Madison Street and Water Improvement, Torrance — Construction Manager of water main construction and roadway rehabilitation on Madison Street and Newton Street. This $2 million project included water main, storm drain,curb,gutter,sidewalk,and roadway improvements. Assistant Engineer 2000-2001 City of Signal Hill I CA Nicole facilitated the City's capital improvement program. Prepared project plans, specifications and cost estimates. She managed several consultants and contractors and coordinated construction activities with other City departments. Responsible for the City's pavement management system and inspected small-scale projects within the city's rights-of-way. Successfully designed two water-system modification projects and managed a CDBG funded residential demolition project. Annual Pavement Management/Slurry Seal Program, Signal Hill — Project manager of City of Signal Hill's annual pavement maintenance program. This $500,000 program included slurry-sealing about V:: of City of Signal Hill's residential streets. CONTRACT NO. C37390B l Project Engineer `_J_ 1998-2000 Parsons Transportation Group I Lynwood,CA Nicole was the project engineer for the surface design group of the Alameda I N T E R W E S T Corridor Mid Corridor project. Designed roadway, signing/striping, traffic CONSULTING signal,and landscape improvements in the Cities of Compton,Lynwood and Los GROUP Angeles. Coordinated sub consultant design criteria and plan submittals with the lead design team. www.1nterwestgrp.e0m Design Engineer 1998-2000 RBF and Associates I Irvine,CA Nicole prepared precise grading, storm drain, street improvement, signing, striping, signal and traffic control plans for various clients. Managed small design projects for several cities in Orange County. Research Assistant 1995-1996 University of Southern California I Los Angeles,CA Nicole assisted with the management and coordination of an integrated advanced transportation management system which evolved from existing freeway and arterial traffic management systems in the Irvine area of Orange County. Transportation Engineering Assistant 1994-1998 KOA I Monterey Park,CA Nicole conducted traffic impact studies for various clients throughout southern California. Managed transportation/circulation studies for the City and County of Los Angeles.Designed and prepared traffic signal,signing,striping and traffic control plans for several municipalities in Southern California. Engineering Student Assistant 1990-1994 Caltrans District 12 I Santa Ana,CA Nicole assisted with the analysis of real time traffic data and information concerning operation of the freeway system in Orange County, as a student assistant in the Transportation Management Center(TMC). PROJECT EXPERIENCE Traffic Signal,Signing&Striping,Stage Construction Design • Perris Blvd/Nuevo Rd Striping Concepts Wal Mart,City of Perris • Traffic Signal Construction Wal Mart,City of Fountain Valley • Traffic Signal/Signing&Striping Lowe's,City of Santee • Traffic Signal/Signing&Striping Sam's Club,City of El Monte • Traffic Signal Lowes,City of San Jacinto • Traffic Signal/Signing&Striping Nordahl Road/Medical Ctr Way, City of San Marcos • Signing&Striping Lowe's,Town of Apple Valley • College Blvd/Salk Avenue Traffic Signal,City of Carlsbad • El Toro Road Signing,Striping&Stage Construction,City of Mission Viejo • Alameda Corridor,Mid-Corridor Signing&Striping,Cities of Compton,Lynwood, Los Angeles • Redondo Beach Blvd&Rehabilitation,City of Gardena • Harry Bridges Road Construction Staging,City of Los Angeles • Traffic Signal/Signing&Striping Kmart,City of Hesperia • Traffic Signal Wal-Mart,City of Anaheim • Carson Street WTCP, City of Carson • Saint Claire Catholic Church Signing&Striping,City of Santa Clarita CONTRACT NO. C37390B Civil Design • Bake Parkway Median Modification,City of Irvine • Precise Grading&Street Improvements,Disney Parking Lot f86 I NT ER W E ST • Dominguez Channel Bicycle and Multipurpose lane,City of CONSULTING Compton GROUP • Caltrans Storm Water BMP Pilot,District 12 ■ Spring Street medians,City of Signal Hill www.interwestgrp.com • Walnut/Bixby Road Pressure Reducing Station&Bypass Line,City of Signal Hill • Long Beach Naval Yard Demolition Project,City of Long Beach Traffic Impact&Parking Studies • Pacific Place Mixed use Development,City of El Monte ■ Atlanta Plaza Health Spa,City of Monterey Park • Gateway Crossing Movie Theatre&Shopping Center,City of La Canada-Flintridge ■ Alameda Corridor EIR/EIS,City of Los Angeles • Huntington Beach Medical Center Parking Survey,City of Huntington Beach • Resurrection Cemetery Mausoleum Addition,City of Montebello • Prescott College Precise Plan,City of Prescott,AZ • Foothill Blvd./Gould Ave.Retail Center • Avenue I/SR-2 PS&E,City of Santa Clarita • Douglas Street Grade Separation EIR,City of El Segundo ■ Homeland Cultural Center Expansion Parking study,City of Long Beach • St.John of the Cross,City of Lemon Grove • Ventana Real Lots(1-4),City of Carlsbad • Date Street Development,City of Murrieta • Carmelo Street Motel,City of Oceanside • World Petrol Ill,City of San Diego CONTRACT NO. C37390B Ruth Smith, TE, PTP CA Registered Professional Traffic Engineer I N T ER W E S T Professional Transportation Planner CONSULTING Ruth is an experienced traffic engineer and transportation planner with nearly GROUP 40 years of experience. She began her career in the private sector, preparing www.tnterwostgrp.com traffic impact studies, then moved to the public sector as a Senior Traffic Engineer for the City of Santa Ana for 14 years.Ruth then returned to the private sector,where she not only prepared traffic impact studies,but also used her past EDUCATION experience to perform a variety of traffic engineering and transportation Bachelor of Science,Civil Engineering, planning duties for client cities, including serving as contract City Traffic California State Polytechnic University Engineer. Ruth's wide-ranging and unique experience in both the public and (Cal Poly),Pomona,CA private sectors makes her a valuable asset.Her municipal experience impressed upon her the importance of ensuring that traffic impact studies for private REGISTRATIONS development are correct and complete, and that site access and on-site CERTIFICATIONS circulation are fully addressed.Ruth also has a rich background in neighborhood CA Registered Traffic Engineer 11653 traffic plans, starting with managing the Neighborhood Traffic Management Plan,Speed Hump and Permit Parking programs in the City of Santa Ana,to more Professional Transportation Planner(PTP) recently assisting the Cities of Temecula, Brea, San Marino and Costa Mesa in Certificate preparing neighborhood traffic plans to reduce cut-through traffic and speeding. PROFESSIONAL PROJECT SPECIFIC EXPERIENCE AFFILIATIONS Institute of Transportation Engineers(ITE) Traffic Engineer President.SoColSection(2007-2008) 2016-Present Interwest Consulting Group I CA Ruth currently provides traffic engineering services to several cities.She provides American Society of Civil Engineers on-site assistance to the City of Costa Mesa three days per week, preparing (ASCE) reimbursement requests for OCTA projects, including interfacing with OCTA Orange County Traffic Engineering staff, managing and responding to citizen requests, assisting with the Bicycle counul(oCTEc) Walking Committee and finalizing the Bicycle Management Plan, handling neighborhood traffic management plan requests, investigating the use of golf carts/low speed vehicles on public streets,and handling a variety of other tasks. Ruth also provides Traffic Engineer services to the City of San Marino,conducting investigations into citizen requests, preparing a variety of traffic studies and presenting them, with recommended actions, to the Traffic Advisory Commission, and providing support and advice as needed. She also provides traffic engineering services to the Cities of Wildomar,San Juan Capistrano,Bell, Atherton, Merced and Chowchilla on an as-needed basis, including preparing RFPs,reviewing traffic impact reports and trip generation,providing guidance on developer payment of traffic improvements,responding to citizen requests and school traffic concerns,preparing and reviewing work zone traffic control plans, implementing grant-funded programs,and reviewing permit parking programs. Project Manager I Traffic Engineer II 2008-2016 Willdan Engineering I CA Ruth managed a variety of projects, including writing proposals, selecting appropriate staff to work on the projects,setting up and managing budgets,and invoicing clients. She performed traffic studies for client cities and private developers and served as the contract City Traffic Engineer for the City of Placentia for five years, working on-site two half-days per week. She was also contract City Traffic Engineer for the Cities of Los Alamitos and Temecula and the Consultant Traffic Engineer for the City of Rancho Palos Verdes. Her traffic study experience included preparing and reviewing traffic impact studies, preparing neighborhood traffic management and parking plans, preparing traffic impact analyses for proposed developments and for Project Study Reports/Project Reports for proposed highway improvement projects, preparing parking CONTRACT NO. C37390B analyses for existing and proposed developments, conducting Engineering and Traffic Surveys to set speed limits and conducting traffic signal warrant and stop signs studies.She also presented study results and recommendations to Traffic Safety Commissions,Planning Commissions and City Councils. INTERWEST CONSULTING Senior Associate GROUP 2002-2008 Urban Crossroads,Inc. ) CA www.intarwsstgrp.com Ruth managed a transportation planning group of five employees.In addition to supervising the preparation of traffic impact,parking,trip generation and on-site circulation studies and reports, she also interfaced with clients and municipal staff, coordinated work with civil engineering and environmental consultants, and appeared before planning commissions, city councils and boards of supervisors.She prepared studies for a variety of developments,both large and small, including planned communities,commercial developments,warehouses, distribution centers,churches, an asphalt plant,wineries,and PR/PSRs for new and existing freeway interchanges. Ruth collaborated with developers, their architects and civil engineers to redesign on-site circulation plans and project access to improve traffic flow and meet jurisdiction requirements.She worked on in-fill projects and the remodeling of existing sites, and supervised the preparation of signing and striping plans related to development projects. Senior Traffic Engineer 1988-2002 City of Santa Ana I CA Ruth supervised groups ranging from two to five employees&administered the City's neighborhood traffic calming program (including traffic diverters and speed humps); handled citizen requests for stop signs, parking restrictions, crosswalks,etc.;managed the Santa Ana Pedestrian Safety Task Force;reviewed traffic study reports;and managed citywide traffic counts.Ruth administered the Integrated Traveler Information Sharing system,part of the Traffic Management Center, which provided automated real-time traffic information to the public through highway advisory radio, highway advisory telephone, cable TV, and kiosks($348,000 grant). Ruth applied for and administered two Office of Traffic Safety grants($219,000) to improve pedestrian safety citywide. She also successfully submitted grant applications for Safe Routes to School(SR2S)projects, for a total of$2,000,000 in grants for pedestrian safety improvements. She designed and implemented an overhead signage program to guide motorists to Civic Center and Downtown areas and made presentations to the City Council, City Commissions, the Environmental and Transportation Advisory Committee, schools, business groups,and neighborhood associations. Due to staff rotation, at various times Ruth was also responsible for street striping plans and construction zone traffic control plans. Because of this, she was responsible for coordinating with Caltrans on several freeway projects, including the SR 55 widening project. Ruth was on the APWA committee that produced the 2001 Work Area Traffic Control Handbook (WATCH), she developed the Neighborhood Traffic Plan and Speed Hump programs, and Neighborhood Parking Management plans, and she administered a citywide speed limit update,the Traffic Control Devices Inventory,and the Accident Data Base. CONTRACT NO. C37390B Associate/Assistant Traffic Engineer 1978 1986 Weston Pringle&Associates/WPA I CA Ruth's primary responsibilities consisting of transportation planning for N T E R W E S T proposed developments, including trip generation and assignment, the ICONSULTING examination of site plans for properly designed internal circulation, GROUP identification of necessary mitigation measures, and preparation of project schedules and milestones for clients.Ruth composed correspondence,prepared www.lnterwestgrp.com reports and met with clients and reviewing agencies to discuss projects. During this time, she developed a weaving analysis to evaluate the adequacy of the weaving distance for arterials(as opposed to freeways),which was also used by another consulting firm. CONTRACT NO. C37390B Andrew Yi, PE, TE, PTOE Deputy Traffic Engineer IN T E R W E S T Andrew has over 30 years of experience in municipal and private civil and transportation CONSULTING engineering, more than of which was spent serving the City of Santa Clarita. He holds GROUP expertise in managing sensitive issues and projects that involve public officials, private www.interwestgrp.com citizens, special interest groups and private developers.Andrew also embraces modern engineering principles to identify problems and systematically problem-solve. P ROFESSIONAL EXPERIENCE City Traffic Engineer EDUCATION 2001-2017 City of Santa Clarita CA • ES.in Applied Mathematics • Andrew supervised, trained, and coached the staff of the Traffic Engineering and California State University,Northridge Transportation Planning Division. Northridge,CA • Advised the City Manager, City Council and Commissioners on transportation REGISTRATIONS related issues as well as planned, organized, and evaluated the division's functions CERTIFICATIONS and activities. Professional Traffic Engineer,CA I TR1850 • Andrew also managed the City's circulation and safety programs, capital Professional Civil Engineer,CA(Cfi4437 improvement program,annual collision analysis and mitigation program. • Developed the City's Intelligent Transportation System,which included but was not Professional Traffic Operations Engineer I limited to, the creation of a Master Plan, Measure of Effectiveness, Traffic 1127 Operation Center,and Fiber Network. AFFILIATIONS • He oversaw traffic signal operation and maintenance, which included a three-year American Public Works Association,High traffic signal retiming program and the development of a hybrid traffic signal Desert Region maintenance program which reduced signal failure and optimized the coordinating City Traffic Engineers Association timing system for the City's roadway network. Institution of Transportation Engineers • Andrew was responsible for securing funding and grants, forecasting future transportation needs, modifying circulation elements and developing code, and City and County Engineers Association, County of Cos Angeles enforcing the Complete Street policy and growth of the City of Santa Clarita's Non Motorized Plan. Intelligent Transportation Society of California • Andrew adapted existing policies and established new standards that improved the City's circulation and safety, speed limits, Residential Multiway Stop Warrants, Traffic Signal Priority, Traffic-Calming Policy, In-Pavement Light Policy and Photo Redlight Enforcement Program. • Oversaw the Engineering Division, handling the entitlement process of private developments,the review of private engineering plans including tentative map,and the administration of the City's Streetlight Benefit Assessment Maintenance District. CONTRACT NO. C37390B Steven L. Wright, PE, TE CA Registered Professional Civil Engineer I N T E R W E S T CA Registered Professional Traffic Engineer CONSULTING Steven is a registered Civil and Traffic Engineer with more than 30 years of GROUP experience providing a variety of public works services to municipalities in www.Interwostgrp.eom Southern California. His background demonstrates his exposure to and familiarity with a diverse range of public works disciplines including land development, capital projects, traffic and special projects such as waste water E D U C A T I 0 N and storm drain systems, undergrounding of utilities, public facilities, and park Bachelor of Science and median island improvements. Civil Engineer ng PROJECT SPECIFIC EXPERIENCE California Slate Polytechnic University Pomona,CA City Engineer I Assistant City Engineer I Interim Transportation Administrator REGISTRATIONS 1994-2017 City of Pasadena I CA CERTIFICATIONS Steve directed and organized the work of a large and multi-disciplined team CA Registered Civil Engineer I C48650 comprised of the Engineering,Construction,and Public Works Design Divisions. CA Registered Traffic Engineer I TR1755 He oversaw,coordinated and supervised the work of engineers, inspectors and survey staff. Steve managed and supervised programs and activities relating to PROFESSIONAL transit services, parking management and enforcement, transportation AFFILIATIONS planning, and traffic engineering. He was responsible for neighborhood traffic Member-Institute of Transportation Engineers planning and analysis; design of signing and striping improvements; review of Member-American Public Works traffic impact reports for new developments; conditional use permits; and Association specific and general plan efforts. He prepared and administered consultant Member American Society of contracts and a variety of reports for city council, commissions and the Civil Engineers community.He helped prepare capital and operation budgets,monitor revenue Member-City and County Engineers and expenses and maintain fiscally responsible project budgets.Steve was also Association responsible for the recruitment, selection, training and development of department staff. SPEAKING ENGAGEMENTS Traffic Engineer American Public Works Association 1993-1994 City of Chino Hills I CA November 2007(los Angeles,CA) Steve's responsibilities included managing public works capital improvement City and County Engineers Assoc at.on and private development projects; the inspection of road repairs and March 2008,(los Angelo;,CA) preventative maintenance programs; issuing encroachment permits and American Society of Civil Engineer,.April working the permit counter; performing traffic signal design, signal timing and 2008(Arlington,VA) operation;designing traffic signing,striping and channelization;reviewing traffic American Planning Association Apri'2008 (LosAnge'es CA) studies;performing transportation planning,street lighting design,coordination league of California Cities Public Woks of freeway construction and plan checking. Steve also coordinated and Officers institute March 2010 supervised the work of engineer assistants, inspectors, maintenance (Monterey,CA) supervisors,laborers and clerical support.He prepared the capital and operating American Institute of Architects August budgets for the roads,construction,and traffic sections.He also prepared grant 2011(Pasadena,CA) applications for state and federal funding on transportation-related American Public Works Association Pubic improvements and programs. Works Institute October 2014 (Downey,CA) Associate Civil Engineer I Assistant Civil Engineer American Public Works Association Pubiic 1988-1993 City of Pasadena I CA Works Institute May 2015(Downey,CA) Steve designed and prepared plans,specifications,and engineer's estimates for the installation of traffic signal systems and channelization. CONTRACT NO. C3739OB Engineer Assistant 1986-1988 City of Los Angeles I CA Steve performed investigations, and analyzed and studied street traffic N T E R W E S T conditions to determine appropriate traffic control measures, which entailed ICONSULTING responding to requests from the public, respective Council Offices, and other GROUP government agencies on traffic-related issues. www.int•rwastgrp.com Junior Civil Engineer 1986 California State Dept.of Transportation Steve performed construction inspection of freeway interchanges, retaining walls and bridges to ensure conformance to plans and specifications. He provided consultation, research and design work for the project during construction. CONTRACT NO. C37390B Edgar Monroy, TE, PE CA Registered Professional Civil Engineer I N T E R W E ST CA Registered Professional Traffic Engineer CONSULTING Edgar has more than 40 years of experience in traffic and transportation GROUP engineering in both the public and private sectors. He has a wealth of direct www.interwestgrp.com experience efficiently and effectively addressing traffic engineering issues and implementing innovative solutions. In addition, Edgar has served as president of the Institute of Transportation Engineers and assisted the Department of EDUCATION Consumer Affairs in the preparation of Traffic Engineering exams. BS in Civil Engineering PROJECT SPECIFIC EXPERIENCE California State Polytechnic College Pomona,California Traffic Engineer Management Academy 2009-2014 City of San Diego County of San Diego Edgar served in the Transportation/Storm Water Department preparing traffic Courses in Traffic/Transportation signal timing plans for both isolated and interconnected intersections. He also Institute of Transportation Studies, evaluated signalized intersections for needed improvements. UC Berkeley City Traffic Engineer Courses in Management,Construction 2008-2009 City of Lake Forest Inspection and Highway Design Caltrans Edgar addressed traffic engineering issues for the City as well as compiling and analyzing data on traffic volumes and accidents.He prepared and implemented REGISTRATIONS solutions to traffic problems and reviewed Environmental Impact Reports and CERTIFICATIONS proposed development plans for traffic impacts. Professional Civil Engineer Principal State of California 2006-2008, 1997-1999,1986-1988, 1982-1984 Monroy-Lopez Engineering No.27188 Profess;onal Traffic Engineer At various intervals throughout his career, Edgar has served In the private State of California sector. His responsibilities at Monroy-Lopez Engineering included conducting No.1432 surveys for property line disputes; preparing plans for minor improvements such as access roads and drainage culverts, and hydrology studies and PROFESSIONAL hydraulics calculations. Edgar also prepared survey plats for use in developing AFFILIATIONS improvement plans for building upgrades and Traffic Impact Reports for various Institute of Transportation Engineers developments. He obtained an Office of Traffic Safety grant for an Accident IITEI San Diego Section Database/GIS for the City of Lemon Grove.He thereafter prepared a completed President,1992 inventory of traffic signs and signals,which was displayed on a map of the City. Accidents were added weekly and printouts could be prepared at any time. Traffic Signal Systems Coordinator 2002-2006 County of San Diego In the County's Department of Public Works, Edgar served by directing the traffic signal section. He compiled and analyzed data on traffic volumes and accidents and prepared and implemented solutions to traffic signal problems. Edgar's position also required interacting with the general public,responding to resident complaints on street lighting issues. Transportation Engineer 1999-2002 Caltrans While with Caltrans, Edgar prepared Project Reports and PS&E for the freeway traffic management infrastructure [fiber optic networks, closed circuit TV, changeable message signs, detector loops, ramp metering, etc.]These reports involved preliminary design and cost estimates and the evaluation of environmental and right of way impacts. He supervised a team of three Associate Engineers. CONTRACT NO. C37390B Transportation Engineer 1992-1997 County of San Diego In charge of the Traffic Operations section of the Department including review INTERWEST of proposed development projects, Edgar responded to citizen requests and CONSULTING the operation of traffic signal systems. He obtained federal Congestion GROUP Management and Air Quality funding and set up the first signal coordination projects in the County. He was also in charge of accident records and traffic www.interwestgrp.com control device inventories, as well as the supervision of two Associate Engineers and five technicians. City Traffic Engineer 1988-1992 City of National City In addition to the responsibilities of the Traffic Engineer, Edgar was in charge of the Special Assessment Districts for the City. He set up the City's first interconnected traffic signal system on National City Boulevard. City Traffic Engineer 1985-1986 City of La Mesa Edgar reviewed traffic impact reports and provided staff support to the Traffic Committee. He installed the first traffic calming measures in the County of San Diego and conducted field checks of all the City signals, optimizing the timing for various controllers(Singer,Econolite,and Eagle among others). Associate Transportation Engineer 1978-1982 City of Santa Barbara Edgar was responsible for reviewing Environmental Impact Reports for traffic and transportation issues. He prepared reports for the Planning Commission and the Transportation Committee and reviewed site plans for parking and access design. Designed and implemented bicycle facilities. Part of his position was also to prepare the Transportation Section's budget and capital program; supervise the update of the City's Circulation Element; and prepare the new Standards for Parking Design.Edgar additionally chaired the Traffic Committee. Associate Civil Engineer,Traffic 1976-1978 City of Oceanside Edgar organized and directed the City's traffic engineering section, compiling and analyzing data on traffic volumes and accidents. He prepared and implemented solutions to traffic problems,and reviewed Environmental Impact Reports and proposed development plans for traffic impacts. While with the City,he also implemented the Bicycle System. Assistant Traffic Engineer 1973-1976 Donald Frischer&Associates As assistant traffic engineer, Edgar prepared traffic impact studies for various projects including large shopping centers.He also evaluated daily traffic volume reports for many shopping centers. Highway Engineer I 1970-1973 Kern County Edgar began his career working for the Department of Highways and Bridges, preparing plans, specifications and cost estimates for street improvement projects in the Bakersfield area. During that time, he also attended a resident engineer's class conducted by Caltrans. CONTRACT NO. C37390B In any event, upon being notified of an imminent project, Interwest staff will assess the project requirements, including the anticipated level of involvement by City staff,and we will inform the City Engineer or his designee of the same. SUMMARY OF PROPOSED SERVICES , Interwest staff will tailor our services to each traffic engineering - assignment requested by the City. Tasks, sub-tasks and deliverables will be defined as needed on a peNproject basis, • , - dependent upon the specific scope of work for each service. m � • Details of services we commonly provide include: ` :'; • Preparation of engineering studies includes responding to citizen requests for traffic control device installations and modifications. These studies will typically include the review of available data and field conditions based on the California Manual on Uniform Traffic Control Devices (CA MUTCD) and City standards/guidelines as well as,discussions with City staff. • Preparation of traffic impact analysis reports, including discussions with City staff regarding study parameters, a review of the site plan, a field review of existing conditions, traffic count data collection, project trip generation and assignment, level of service analysis based on City guidelines/standards, identification of significant project impacts, proposed mitigation measures,and a report summarizing the analysis, findings and recommendations. • Review of traffic impact studies prepared by others including the review of on-site circulation and project access, study intersections, project trip generation and assignment, level of service methodology and assumptions, accuracy of analysis and conclusions, appropriateness and feasibility of proposed mitigation measures, and preparation of comment memo. • Preparation of signing and striping plans,traffic signal plans,traffic control plans and traffic calming plans. These tasks will generally include the collection of existing plans for the street segment or intersection, field review to compare the plans to existing conditions,traffic data collection,as needed, meetings with City staff to ensure complete understanding of the desired design and to discuss/clarify any options, timely revisions in response to plan review comments,and signed and stamped final plans,specifications and cost estimate.The plans and specifications will be prepared in accordance with City standards, the CA MUTCD and other applicable standards. • Private and public development plan review for traffic-related plans, ensuring that the plans are in compliance with City and other applicable standards. The reviews will include recommendations for approval(conditions of approval). INTERWEST CONSULTING GROUP 9 CONTRACT NO. C37390B • Review of traffic signal timing plans and collision data for intersections,with recommended adjustments. We will provide technical advice to City's staff in connection with the maintenance and the operation of the City's traffic signal facilities. • Assistance in the development of relevant policies. Many changes are taking place in transportation engineering that cities need to be prepared for. They include SB 743 regarding changes to how traffic studies are prepared for CEQA,including the use of vehicle mile traveled (VMT) instead of intersection or street segment level of service(LOS)to determine a proposed project's significant impact. • Preparation of grant applications for funding from Federal, State,and regional agencies for traffic safety studies and improvements. • Address school-related traffic concerns, including meeting with school staff,parents and residents, field observation of behavior, data collection, as needed, analysis of the need for speed feedback signs, crossing guards, crosswalks, stop signs, flashing beacons, etc. recommendations and a summary of findings and recommendations. • Assist construction inspectors in the interpretation of plans,specifications and other contract documents for assigned projects. • Support public involvement and community outreach for selected traffic and transportation projects. Tasks may include attendance and participation in public meetings, creation of various education and outreach materials such as project flyers, PowerPoint presentations,etc. • Prepare small-scale pavement marking, signage,delineation and concept plans. • Investigate traffic issues including site observation, collision analysis and recommendation. • Assist in preparing requests for proposals and grant applications. JI NTERWEST CONSULTING GROUP 10 CONTRACT NO. C37390B Interwest does not have any conditions as defined in the RFP(bankruptcy,pending litigation, mergers,etc.)that may affect our ability to perform the required duties for the City of Palm Desert. As a municipal consulting firm. Interwest Consulting Group works exclusively for public agencies, thereby eliminating any real or perceived professional or contractual conflicts. We do not have any potential conflicting financial, business or relationship interests which would be adverse to the City of Palm Desert. CERTIFICATION OF ABILITY TO PROVIDE SERVICES We certify that Interwest Consulting Group, Inc. is not debarred, suspended or otherwise declared ineligible to contract with any federal,state or local public agency. LIST OF CURRENT CLIENTS AND REFERENCES Below,we provide a representative list of Southern California municipal clients to which Interwest staff currently provide comparable traffic engineering services. Client Agency Services Provided City of Costa Mesa 2016—Present:Interim Public Works Director,Civil Raja Sethuraman, Public Services Director Engineering,Traffic Engineering, Construction 714.754.5173, raja.sethuraman@costamesaca.gov Management and Inspection City of Eastvale 2010—Present:City Engineering, Construction ' Michele Nissen, Former City Manager Management,Public Works Inspection Engineering 951.549.0029,mnissen@eastvaleca.gov Plan Check,Engineering Support, NPDES, Transportation Planning,Traffic Engineering, Drainage Engineering,Grant Administration City of Maywood 2017—Present:City Engineering and Traffic David Mango, Director of Planning and Building Engineering 323.562.5721, david.mango@cityofmaywood.org City of San Juan Capistrano 2013—Present:City Engineering,Traffic Tom roman,Assistant Public Works Director Engineering 949.234.4580, ttoman@sanjuancapistrano.org City of San Marino 2014—Present:Traffic Engineering Michael Throne, Parks&Public Works Director/ City Engineer 626.300.0737, MThrone@cityofsanmarino.org City of Santa Ana 2017—Present:Traffic Engineering Zed Kekula,PE, TE, Senior Civil Engineer 714.647.5606, zkekula@santa-ana.org City of Wildomar 2008—Present: City Engineering, Public Works Gary Nordquist, City Manager Inspection,Transportation Planning,Traffic 951.677.7751, nordquist@cityofwildomar.org Engineering, Drainage Engineering, Grant Writing& Administration INTERWEST CONSULTING GROUP 4