HomeMy WebLinkAboutC29950A&B - Trffc Sgnl Synchronization (555-10) CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AUTHORIZE STAFF TO PROCEED WITH THE TRAFFIC SIGNAL
SYNCHRONIZATION PROJECT WITH THE CITY OF RANCHO
MIRAGE (PROJECT NO. 555-10)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
NOTIFICATIONS: Bruce Harry, Director of Public Works
City of Rancho Mirage
69825 Highway 111
Rancho Mirage, CA 92270
DATE: June 24, 2010
CONTENTS: MSRC Grant Application
Notice of Award of Funding
Agreement with South Coast Air Quality Management District
Vicinity Map
Recommendation
By Minute Motion:
1. Authorize the City Manager to execute Contract Number
ML09021 with the South Coast Air Quality Management District
(AQMD); (City Contract No. C29950A)
2. Authorize staff to issue a Request for Proposals (RFP) from traffic
engineering firms to provide traffic signal synchronization timing
services for an amount not to exceed $78,900; (Contract rro. c2995oB)
3. Authorize staff to prepare and execute an agreement with Rancho
Mirage for their 20 percent portion of the project for an amount not
to exceed $15,700; and (Contract rro. c2995oc)
4. Appropriate $78,900 from Fund 234, Traffic Signal Fund
unobligated fund balance.
Staff Report
Authorize Staff to Proceed with the Traffic Signal Synchronization Project (Project No, 555-10)
June 24, 2010
Page2of3
Backqround
On March 12, 2009, the City Council authorized the Director of Public Works to apply for
a matching grant from the Mobile Source Air Pollution Reduction Review Committee
(MSRC) for a Multi-Jurisdictional Traffic Signal Coordination and Synchronization
project.
On March 24, 2009, an application was submitted on behalf of the Cities of Palm Desert
and Rancho Mirage for the MSRC Clean Transportation FundingT"" FY '08/'09 Local
Government Match Program. The project proposed in the application included
developing, implementing, fine-tuning, and maintaining traffic signal coordination plans
at 14 signalized intersections on Monterey Avenue and Dinah Shore Drive. During the
18-month project, signal coordination plans will be developed and implemented for both
peak season and off-peak season conditions. Of the 14 project intersections, 12 are
shared with the City of Rancho Mirage. As stated in the application, the City of Palm
Desert will serve as the lead agency for the project.
The application estimated the project cost to complete the traffic signal coordination
project at $78,900. A breakdown of the project funding sources is shown below:
Funding Source Percent Amount
MSRC Grant Funds 50% $39,450
Palm Desert Local Funds Match* 30°/o $23,670
Rancho Mirage Local Funds Match* 20% 15 780
Project Total $78,900
* Local Funds Match split based on the actual percent of ownership of the 14 project
intersections.
On October 16, 2009, staff received notification that the AQMD Governing Board had
approved our applications and awarded funds in the amount of $39,450. On May 27,
2010, staff received copies of Contract Number ML09021 for authorization signatures.
Fiscal Analysis
Serving as lead agency, the City of Palm Desert must obligate funds for the total project
in the amount of $78,900. Upon completion of the project, MSRC will reimburse the
City of Palm Desert 50 percent of the total project costs (to a maximum amount of
Staff Report
Authorize Staff to Proceed with the Traffic Signal Synchronization Project (Project No, 555-10)
June 24, 2010
Page 3 of 3
$39,450). The City of Ranch Mirage will reimburse the City of Palm Desert 20 percent
of the total project costs (to a maximum amount of$15,780) per the agreement between
the cities. The net costs incurred by the City of Palm Desert will not exceed $23,670.
Prepared By: Depart t d:
� �
._.--
Mar S. Dier ks, P.E. Mark Greenw od, P.E.
Transp tion Engineer Director of Public Works
i �" v `�%±�/�.
Paul S. Gibson, Director of Finance Ci.�,COiTNCtL�A�G�'i`iON
APPROVED 'DFNiED
Appro al R�CEIVED OT�IER
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MEF,T G DA
AYES � � � � ��
Ja�i . Wohlmuth, City Manager NOF.S: �
ABSENI; ' `
ABSTAIN:
' VERIFIED BY: �
Original on File with Cit� erk's Offic�i
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PALM DESERT, CALIFORNIA 92260-2578
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Fnx: 760 34i—�o98
�` info@palm-desert.org
March 24, 2009
Ms. Cynthia Ravenstein, MSRC Contracts Administrator
South Coast Air Quality Management.District
21865 Copley Drive
Diamond Bar, California 91765
SUBJECT: MSRC Clean Transportation Funding T""
FY `08/'09 Local Government Match Program (PA2009-07)
Multi-Jurisdictional Traffic Signal Coordination & Synchronization
Dear Ms. Ravenstein:
Please accept the attached application submitted on behalf of the Cities of Palm Desert
and Rancho Mirage for the MSRC Clean Transportation Funding T"" FY '08/'09 Local
Government Match Program in the Multi-Jurisdictional Traffic Signal Coordination &
Synchronization category. The City of Palm Desert will serve as the lead agency for the
project.
The intent of the project is to improve regional air quality through developing,
implementing, fine-tuning, and maintaining traffic signal coordination plans along a
portion of regional arterial roadways with shared jurisdiction between Palm Desert and
Rancho Mirage. The proposed project includes 14 signalized intersections on Monterey
Avenue and Dinah Shore Drive with shared jurisdiction at 12 of the 14 locations. Each _
of the signalized locations to be included in this project currently operates using
compatible controller equipment and has communication and coordination capabilities.
Given that no traffic signal hardware improvements are needed, the proposed project
meets the criteria of a "Level 1 Project — Update & Coordination of Signal Timing Plans
befinreen Adjacent Jurisdictions Using Existing Equipment" as described in the program
announcement.
If this application is approved, the matching funds will be used to contract with a
qualified traffic engineering firm to collect necessary data, develop signal coordination
timing plans, implement and fine-tune the plans, analyze tra�c flow improvements, and
prepare reports that detail the air quality enhancements provided by the optimized
signal coordination timing. The signal coordination timing project will include an
analysis of the seasonal variations in traffic volumes, which can vary as much as 40
percent in the Coachella Valley between peak traffic winter conditions and the less
congested summer months.
�„�'>meno aw uaaEo rua
MSRC Clean Transportation Funding r""
FY `08/'09 Local Govemment Match Program (PA2009-07)
Multi-Jurisdictional Traffic Signal Coordination & Synchronization
March 24, 2009
Page 2
Our estimated project cost to complete the traffic signal coordination project, as detailed
in the attached application, is $78,900.00. Only "Local Funds" eligible for
reimbursement from MSRC Clear Transportation Fundi�g T"' will be committed to the
project; thus, the requested amount of matching funds totals $39,450.00 for this project.
We appreciate the opportunity to submit this application for matching funds from the
MSRC Clean Transportation Funding TM Local Govemment Match Program. Should
you have any questions about this application, please contact Mark Diercks, P.E.,
Transportation Engineer, at (760) 776-6450 or by email at mdiercks@ci.palm-
desert.ca.us.
Thank you for your consideration of this request.
Sincerely,
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h M. Wohlmuth
/`dCi� Manager
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Attachments: (1) Original and (3) Copies— Match Program Applications
cc: Mark Greenwood, P.E., Director of Public Works
Bo Chen, P.E., City Engineer
Mark S. Diercks, P.E., Transportation Engineer
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March 18, 2009
MSRC Contracts Administrator
South Coast Air Quality management District
21865 Copley Drive
Diamond Bar, California 91765
SUBJECT: MSRC Clean Transportation Funding�
FY `08/'09 Local Government Match Program
The City of Rancho Mirage authorizes the City of Palm Desert to submit on its behalf the MSRC
Clean Transportation Funding TM FY `08/'09 Local Government Match Program application in
the Multi-Jurisdictional Traffic Signal Coordination & Synchronization category. The proposed
project includes 14 signalized intersections on portions of Monterey Avenue and Dinah Shore
Drive. Rancho Mirage and Palm Desert share joint jurisdiction at 12 of the 14 project
intersections. This project has to be considered an improvement to a truly regional facility that
not only serves the iwo cities submitting the application but the entire Coachella Va11ey region.
If this application is approved, the City of Rancho Mirage's commitment will consist of its fair
share, (approximately 40 percent), of the project costs for data collection, signal coordination
timing plan development, timing plan implementation, fine-tuning, project report preparation,
and project administration. Only "Local Funds" which will be eligible for MSRC Clear
Transportation Funding�will be committed to the proj ect.
Thank you for the opportunity to submit this application and your consideration of this request.
Sincerely,
a_� � ���
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✓��,,,� -�� ,,,.�_`...
Bruce B. Harry,Jr.
Director of Public Works
c: Bill Harrison
Mark Diercks, City of Pa1m Desert
Project File
ADMIIYISTRAtIOIY COf�1Uf11TY DEVELOPMEf1T FInAnCE FFOUSIfYG AUTFFORITY PUDLIC LIDRARY PUDLIC WORKS �
Tel. (760)324-4511 Tel. (760)328-2266 Tel. (760)770-3207 Tel. (760) 770-3210 Tel. (760)341-7323 Tel. (760)770-3224
Fax. (760)324-8830 Fax. (760)324-9851 Fax. (760)324-0528 Fax. (760)770-3261 Fax. (760)341-5213 Fax. (760) 770-3261
69-825 FFIGFFWAY 111 /RAnCFFO MIRAGE, CA 92270
www.ci.rancho-mirage.ca.us
MSRC Clean Transportation FundingT""
FY'08/'09 Local Government Match Program
VI. A. APPLICATION FORMS
EXHIBIT A
APPLICANT INFORMATION
Multi-Jurisdictional Traffic Signal Coordination & Synchronization
A. Please provide the following applicant information in the space provided.
Applicant Name: Citv of Palm Desert
Address: 73-510 Fred Warinq Drive
Palm Desert, CA 92260
Contact Person: Mark S. Diercks, P.E. Title: Transportation Enqineer
Telephone Number: (760) 776-6493 Fax#:�760) 341-7098
E-Mail Address: mdiercks(a�ci.palm-desert.ca.us
A. Please provide the following information:
1. Please provide the names of all other project participants:
a) Citv of Palm Desert
b) City of Rancho Miraqe
c) Traffic Enqineerinq Consultant—To be determined
d) Traffic Count Data Collection Firm—To be determined
YES NO
2. Is Caltrans participating in your project? O �
3. Have you attached a letter from each participant designating a lead 0 O
agency authorizing that agency to act on behalf of the other participants?
Page A-1
MSRC Clean Transportation FundingT"'
FY`08/'09 Local Government Match Program
EXHIBIT B
PROJECT DESCRIPTION/STATEMENT OF WORK
Multi-Jurisdictional Traffic Signal Coordination & Synchronization
A. STATEMENT OF WORK:.
This project will consist of developing and implementing signal coordination timing plans for Monterey
Avenue from Dinah Shore Drive to Fred Waring Drive and for Dinah Shore Drive from Miriam Way/George
Montgomery to Monterey Avenue. Coordination timing analysis will be perform for weekday AM, mid-day,
PM and off-peak periods, Saturday peak operation, and Sunday peak operation. The coordination timing
analysis will also take into account the seasonal traffic volume variations which occur between winter and
summer conditions.
Project Tasks
The necessary tasks to complete the coordination project are summarized below. The City will solicit
proposals from and contract with a qualified traffic engineering firm (Consultant) to perform most of the
project tasks. Project tasks include:
1. Compile and Review Existing Data and Information
City staff will compile and review the following information, as available:
• Previous Travel Time Study Data
• Traffic Signal Timing Sheets
• Traffic Signal As-Built Plans and Detector Assignments
• Traffic Count Data
2. Traffic Count Data Collection
Based on the review of the available traffic count data, collection of additional count information as
needed for development of new traffic signal coordination plans will be scheduled.
3. Coordination Timing Plan Development and Implementation
The development, fine-tuning, and evaluation of the coordination signal timing plans will be performed
by the Consultant. Tasks to be performed by the Consultant include:
• Develop preliminary signal timing coordination plans by encoding traffic count data and signal
parameters into SynchroT"'(ver. 7)software program. Timing plans will be developed for the peak,
off-peak and seasonal periods as previously discussed.
• Identify optimum coordination systems and sub-system time-of-day schemes.
• Implement timing and make fine-tune adjustments.
• Conduct travel time studies before and after the completion of the timing improvements to
demonstrate travel time savings, fuel savings and vehicle emission reductions.
• Calibrate the SynchroT"'data files to conform to the implemented timing plans.
• Provided necessary data and information for project report preparation.
Page B-1
MSRC Clean Transportation FundingTM'
FY'O8/'09 Local Government Match Program
4. System Monitoring
City engineering and maintenance staffs will monitor each coordinated system on a regular basis to
adjust for seasonal variations in traffic and chan�es in traffic patterns. Staff will revise and re-analyze
coordination timing plans by revising the Synchro "'data files to address any future added traffic signals
and/or intersection/roadway geometric modifications. Corrective action by timing adjustments will be
taken when problems are identified.
5. Project Reports
Quarterly project progress reports and a final project report will be prepared by City staff and submitted
to the MSRC Contracts Administrator. The quarterly and Final Report shall meet the "Reporting
Requirements"as specified in the match program application.
B. PROJECT ORGANIZATIONAL STRUCTURE:
Lead Agency: City of Palm Desert, Department of Public Works — Palm Desert will be directly
responsible for all aspects of the project and serve as the direct contact with the
MSRC Contracts Administrator. Palm Desert will contract directly with the AQMD,
solicit bids and contract directly with traffic engineering and data collections firms, and
enter into a reimbursement agreement with the City of Rancho Mirage for project funds
distribution and payment.
Other Participants: City of Rancho Mirage — Rancho Mirage will be involved in ali administrative and
technical aspects of the project including: participate in consultant selection process;
review, comment and approve all technical aspects, and provide access to the City
maintained traffic signals and central traffic signal system master as necessary.
Rancho Mirage will contribute up to 40%of the total project costs.
Subcontractors: Traffic Engineering Consultant and Data Collection Firm — Consuitant services will be
contracted with to perform a majority of the technical and data collection tasks
necessary to complete the project. Anticipated consultant work efforts were previously
described above in the Statement of Work.
Project Staff: Project Manager:
Mr. Mark S. Diercks, P.E., Transportation Engineer, City of Palm Desert
Principals-in-Charge:
Mr. Mark Greenwood, P.E., Director of Public Works, City of Palm Desert
Mr. Bruce Harry, Director of Public Works, City of Rancho Mirage
Administration and Contracts:
Mr. Ryan Gayler, Project Administrator, City of Palm Desert
Technical Field Staff:
Mr. Robert Becerra, Traffic Signal Specialist, City of Palm Desert
Mr. Bill Harrison, Traffic Signal Technician, City of Rancho Mirage
Page B-2
MSRC Clean Transportation FundingT""
� FY`08/'09 Local Government Match Program
B. PROJECT ORGANIZATIONAL STRUCTURE (Continued):
Reporting Structure: The Reporting Structure is depicted in the Figure below.
AQMD
MSRC Contracts Administrator
Prnject Manager Princip�ls in Ch�rge
Mark S Diercks;R.E. Mark Greernvood-City af Palm Desert
Cit of Palm Qesert Bruce Har -Git of Ranch Mira e
Consultant{s} Administration and Gonfracts Trafific Signa!Teehnical Suppart
Traffic Engineering& Ryan Gayler Robert Becerra-Palm Desert
Data ColEeetion Services Gity of Palm Desert Bill Harrison-Rancho Mirage
C. Project Map - .
Please see Project Exhibit, on the following page.
D. Project Readiness—
The Cities of Palm Desert and Rancho Mirage are ready to begin the project immediately follow the
Authority to Proceed. We do not anticipate any barriers to complete the project. Due to the variations in
seasonal traffic volumes,we expect the project will take up to 15 months to complete following the Authority
of Proceed. Only MSRC matching funds and local funds, including unallocated AB 2766 Subvention funds,
will be used in support of the Project. The project wili not require any additional funding as the coordination
timing will be maintained as part of on-going traffic signal maintenance operation.
Page B-3
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MSRC Clean Transportation FundingTTM
FY'O8/'09 Local Government Match Program
EXHIBIT C
PROJECT BUDGET
Multi-Jurisdictional Traffic Signal Coordination & Synchronization
A. Please provide your Current Unallocated Subvention Fund Balance: $ 61,000.00
B. Please provide the following Project Cost by Category Information:
PROJECT COSTS BY FUNDING CATEGORY AMOUNT
1. AB 2766 SUBVENTION FUNDS APPLIED TO TRAFFIC SIGNAL
PROJECT FROM EXISTING UNALLOCATED BALANCE: $ 25,000.00
2. AB 2766 SUBVENTION FUNDS APPLIED TO TRAFFIC SIGNAL
PROJECT FROM FUTURE YEAR ALLOCATION (FY 2009/2010): $ 0
3. LOCAL FUNDS APPLIED TO TRAFFIC SIGNAL PROJECT
(e.g., MEASURE A, MEASURE C): $ 53,900.00
4. TOTAL AB 2766 SUBVENTION FUNDS AND LOCAL FUNDS APPLIED
TO TRAFFIC SIGNAL PROJECT(SUM OF LINES 1, 2, and 3): $ 78,900.00
5. AMOUNT OF MSRC MATCH FUNDING REQUESTED (MAXIMUM
AMOUNT IS 50%OF THE LINE 4 AMOUNT): $ 39,450.00
6. ADDITIONAL PROJECT CO-FUNDING FROM OTHER SOURCES: $ 0
7. TOTAL PROJECT COST: $ 78,900.00
C. Please list all funding sources other than AB 2766 Subvention Funds, Local Funds,or MSRC Match
Funds:
NON-AB 2766/LOCAL FUNDING SOURCES AMOUNT
a) $
b) $
c) $
TOTAL"OTHER" PROJECT CO-FUNDING: $ 0
Page G1
MSRC Clean Transportation Fundingr""
FY'O8/'09 Local Government Match Program
EXHIBIT C
PROJECT BUDGET— Continued
Multi-Jurisdictional Traffic Signal Coordination & Synchronization
D. As applicable, please list all Traffic Signal Synchronization costs by Cost Element. Please provide
as much detail as practicable when specifying project costs. For example, please provide labor
categories, hourly rates, number of hours,etc.when defining labor costs.
CAPITAL EQUIPMENT COSTS (HARDWARE/SOFTWARE COMPONENTS, ETC.):
�. No new equipment/hardware/software needed $ 0
2. $
3. $
4. $
5. $
TOTAL CAPITAL EQUIPMENT COSTS: $ 0
DIRECT LABOR COSTS:
1. LABOR HOURS x $/HOUR= $
2. LABOR HOURS x $/HOUR= $
3. LABOR HOURS x $/HOUR= $
4. LABOR HOURS x $/HOUR= $
TOTAL DIRECT LABOR COSTS: $ 0
OTHER DIRECT COSTS, INCLUDING SUBCONTRACTORS:
�. Traffic Enqineerinq Consultant (14 x $4000) $ 56,000.00
2. Data Collection Firm (estimate) $ 15,000.00
3. $
4. $
TOTAL OTHER DIRECT COSTS: $ 71,000.00
ADMINISTRATIVE COSTS: $ 7,900.00
TOTAL PROJECT COST: $ 78,900.00
PLEASE NOTE THAT THE TOTAL PROJECT COST REFLECTED IN SUBSECTIONS B AND D, ABOVE,
SHOULD BE CONSISTENT.
Page C-2
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MSRC Clean Transportation FundingT""
FY`08/'09 Local Government Match Program
EXHIBIT E
PROJECT IMPLEMENTATION DATA
Multi-Jurisdictional Traffic Signal Coordination & Synchronization
A. Please provide the following input data as applicable to the proposed Multi-jurisdictional Traffic Signal
Coordination and Synchronization Project:
Input Data
Length of Roadway or Arterial Segment Undergoing Signal Synchronization 5.3 miles
___ ____ __ __ __ __.._.. _ ___ __ ___ ___ _
Number of Traffic Signals to be Coordinated/Synchronized 14 signals
_ _ _ _ _ __ __ _ _ __ ... _ _
Average Daily Peak Traffic Volumes Along Project Segment(Winter) 35,000 to 40,000 vehicles
_ _. __ _ __ __ _ _
Average Daily Peak Traffic Volumes Along Project Segment(Summer) 25,000 to 30,000 vehicles
_ . _ _ _ __ _ _ _
North Section: E-F LOS
Before Project Peak Period Level of Service (LOS)
South Section: C-D LOS
After Project Peak Period Level of Service (LOS) To Be Determined LOS
Page E-1
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,�',�7�� : Moblie Soe,rGe A;o Pc�tsur;on Reduci:on Rev�ew Comm+ttee
�� �� i:3TY C?F PAL�1 DESEriT
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�` �� ' October 16, 2009
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� Mark Diercks
Transportation Engineer
City of Paim Desert
�r w _ 73510 Fred Waring Drive
Palm Desert, CA 92260
Subject: MSRC Proposal #PA2009-07-15
;=
Funding For Traffic Signal Synchronization with City of Rancho
F Mirage
��y
Dear Mr. Diercks:
=°°' " The South Coast Air Quality Management District Governing Board approved
funding for your project on September 11, 2009. Congratulations an the success
of your MSRC proposa! and subsequent award of funds in the amount of
$39,450.
MSRC staff will contact you with a contract detailing how work, payments,
reports, etc., will occur. Generally, you shouid not start work until a contract has
a ! been executed. Any costs incurred prior to contract execution shall be incurred
solely at your own risk. If you have any questions regarding this award of funds
or the process that wiil take place, please contact me at (909) 396-3269.
�
' '`' I look fonivard ta working wi#h you.
Sincerely,
�
Cynthia Ravenstein
� �" ` MSRC Contracts Administrator
c nY thiana,cleantransportationfunding.orQ
MEMBER ORGANIZATION5 �;ati(ornia AIr Resources Board- l.os Angeies C;ounty Metropoliton iransportaflon Auihorfty. Orange Caunry
Transportatlon Authority � Rverslde�ounry Transportat+on Cammisslon• San Bernardino Assoclated Govemments• South Coqst A�r QuQllty
Managemeni Dlsttict . Southem CoNtom:a Associp+on of Governments- Regionpl Ridesharing Agency
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May 27, 2010
� ������, ����� Mr. Mark S. Diercks
a������������? City of Palm Desert
73-510 Fred Waring Drive
� �i� �,; �' Paim Desert, CA 92260
� .
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Dear Mr. Diercks:
' Please find attached two original copies of Contract Number ML09021 for signatures. This
contract is for the Svnchronization of Siqnals with Citv of Rancho Mirage. Please return
'' both signed copies to me at:
�.";� ��,
Rachel Valenzuela
����� � South Coast AQMD/MSRC
21865 Copley Drive
Diamond Bar, CA 91765
In addition, please provide documentation designating appropriate signatory authority on
behalf of the agency, corporation, partnership, LLC, etc., and attest that said signature is
empowered to contract on behalf of contractor in both an operational and financial capacity
and to legally bind contractor.
Please sign the signature page provided in the contract� If it is the agency's policy that
compels you to use a separate signature page, make sure to include the MSRC/AQMD
contract number on the additional page.
,,�;
Once the contract has been executed, I will return to you a copy for your files. If you have
�,;�.
any questions, please don't hesitate to call me at(909) 396-3101.
Sincerely,
��x�.�
"`�Rachel E�zuela
MSRC Contracts Administration
rachel a(�.c�eantransportatianfunding.org
Attachments
MEMBER ORGANIZATIONS Cc�lforn�q Alr Resources Boord• Las Angeies County Metropolitan Twnsportotlon Authority- Grange C:o_miy
Transporfation Authodfy. f2lvers:de Caunty Trpnsportation c�ommission � San Be!nprdino Assoaated Govemments • South Coast Air Quollty
Monagement District 4 Southem��oAfornia Assor;�ation ctf U�vernments- Regona�Rldeshanng Agency
South Coast Contract No. ML09021
C�ean Transportadon
Air Qualit.y Mana�ement District �"�"�'"a��°���a.".°.MS^RC
,� �
LOGAL GOVERNMENT MATCH PROGRAM CONTRACT
1. PARTIES - The parties to this Contract are the South Coast Air Quality Management District (hereinafter
referred to as"AQMD")whose address is 21865 Copley Drive, Diamond Bar, Califomia 91765-4178, and the
City of Palm Desert (hereinafter referred ta as "CONTRACTOR") whase address is 73-510 Fred Waring
Drive, Palm Desert, Califomia 92260.
2. RECITALS
A. AQMD is the local agency with primary responsibility for regulating stationary source air pollution within
the geographical boundaries of the South Coast Air Quality Management District in the State of
California(State). AQMD is authorized under State Health &Safety Code Section 44225 (Assembly Bill
(A8) 2766) to levy a fee on motor vehicles for the purpose of reducing air pollution from such vehicles
and to implement the Califomia Clean Air Act.
B. Under AB 2766 the AQMD'S Goveming Board has authorized the imposition of the statutorily set motor
vehicle fee. 8y taking such action the State's Department of Motor Vehicles (DMV)is required to collect
such fee and remit it periodically to AQMD,
C. AB 2766 further mandates that thirty (30) percent of such vehicle registration fees be placed by AQMD
into a separate account for the sole purpose of implementing and monitoring programs to reduce air
pollution from motor vehicles.
D. AB 2766 creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to
develop a work program to fund projects from the separate account. Pursuant to approval of the work
program by AQMD'S Goveming Board, AQMD Board authorized a contract with CONTRACTOR for
services described in Attachment 1 - Statement of Work, expressly incorporated herein by this reference
and made a part hereof of this Contract.
E. CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth in
CONTRACTOR's Local Government Match Program Application dated March 24, 2009.
3. DMV FEES - CONTRACTOR acknowledges that AQMD cannot guarantee the amount of fees to be
collected under AB 2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges that
AQMD'S receipt of funds is contingent on the timely remittance by State's DMV. AQMD assumes no
responsibility for the collection and remittance of motor vehicle registration fees by DMV to AQMD in a timely
manner.
4. AUDIT - Additionally, CONTRACTOR shall, at least once every two years, or within two years of the
termination of the Contract if the term is less than two years, be subject to an audit by AQMD or its
authorized representative to determine if the revenues received by CONTRACTOR were spent for the
reduction of pollution from Motor Vehicles pursuant to the Clean Air Act of 1988. AQMD shall coordinate
such audit through CONTRACTOR'S audit staff. If an amount is found to be inappropriately expended,
AQMD may withhold revenue from CONTRACTOR in the amount equal to the amount which was
inappropriately expended. Such withholding shall not be construed as AQMD'S sole remedy and shall not
relieve CONTRACTOR of its obligation to perform under the terms of this Contract.
j
Contract No. ML09021
5. REPORTING - CONTRACTOR shall submit repa�ts to AQMD as outlined in Attachment 1 - Statement of
Work. AQMD reserves the right to review, comment, and request changes to any report produced as a
result of this Contract.
6. TERM -The term of this Contract is 20 months from the date of execution by both parties, unless terminated
earlier as provided for in Clause 7 below entitled Termination, extended by amendment of this Contract in
writing, or unless al! work is completed and a final report is submitted and approved by AQMD prior to the
termination date. No work shap commence prior to the Contract start date,except at CONTRACTOR'S cost
and risk, and no charges are authorized until this Contract is fully executed, Upon written request and with
adequate justification from CONTRACTOR, the MSRC Contracts Administrator may extend the Contract up
to an additional six months at no additional cost. Term extensions greater than six months must be reviewed
and approved by the MSRC.
7. TERMINATION - !n the event any party fails to comply with any term or condition of this Contract,or fails to
provide the services in the manner agreed upon by the parties, including, but not limited ta,the requirements
of Attachment 1 - Statement of Work, this shall constitute a material breach of the Contract. The
nonbreaching party shall have the sole and exclusive option either to notify the breaching party that it must
cure this breach within fifteen (15) days or provide written notification of its intentian to terminate this
Contract with thirty (30) day's written notice. Notification shall be provided in the manner set fo�th in Clause
13 below, entitled - Notices. 7ermination shall not be the exclusive remedy of the nonbreaching party. The
nonbreaching party reserves the right to seek any and all remedies provided by law. AQMD will reimburse
CONTRACTOR for actual costs incurred (not to exceed the total Contract value), including all
noncancellable commitments incurred in performance of this Contract through the effec6ve date of
termination for any reason other than breach.
8. EARLY TERMINATION—This Contract may be terminated early due to any of the following circumstances:
A. The vehicles or equipment become inoperable through mechanical failure of components or systems
directly related to the altemative fuel technology being utilized and such failure is not caused by
CONTRACTOR'S negligence, misuse,or malfeasance.
B. The fueling station becomes inoperable, and is either not technically able to be repaired, or is too costly
to repair, and such failure is not caused by CONTRACTOR's negligence, misuse,or malfeasance.
9. INSURANCE — CONTRACTOR represents that it is permissibly self insured and will maintain such self-
insurance in accordance with applicable provisions of California law throughout the term of this Contract.
CONTRACTOR shall provide evidence of sufficient coverage during the term of this Contract and any
extensions thereof that meet or exceed the minimum requirements set fo�th by the South Coast AQMD
below. CONTRACTOR shall furnish certificate af self-insurance to: South Coast Air Quality Management
District, Attn: Risk Management Office. The AQMD Contract Numbe� shall be included on the face of
the certificate. If CONTRACTOR fails to maintain the required insurance coverage, AQMD reserves the
right to terminate the Contract or purchase such additional insurance and bill CONTRACTOR or deduct the
cost thereof from any payments owed to CONTRACTOR. Minimum insurance coverages are as fallows:
A. Worker's compensation insurance in accordance with either Califomia or other state's
applicable statutory requirements.
�
Contract No. ML09021
B. General Liability insurance with a limit of at least$1,000,000 per occurrence, and
$2,000,000 in general aggregate.
C. Automobile �iability insurance with limits of at least$100,000 per person and $300,000 per
accident for bodily injuries and$50,000 in property damage, or$1,000,000 combined
single limit for bodily injury or property damage.
10. lNDEMNIFICATION —CONTRACTOR agrees to hold harmless, defend, and indemnify, AQMD, its office�s,
employees, agents, representatives, and successors-in-interest against any and a!I loss, damage, cost, or
expenses which AQMD, its officers, employees, agents, representatives, and successors-in-interest may
incur or be required to pay by reason of any injury or property damage caused or incurred by
CONTRACTOR, its employees, subcontractors,or agents in the performance of this Contract.
11. PAYMENT
A. AQMD shall pay CONTRACTOR a Firm Fixed Price of Thirty Nine Thousand Four Hundred Fifty Dollars
($39,450) upon completion of the project on a reimbursement basis. Any funds not expended upon
early contract termination or contract completion shall revert to the AB 2766 Discretionary Fund.
Payment of charges shal! be made by AQMD to CONTRACTOR within thirty(30)days after approval by
AQMD of an itemized invoice prepared and furnished by CONTRACTOR.
B. An invoice submitted to AQMD for payment must be prepared in duplicate, on company letterhead, and
list AQMD'S contract number, period covered by invoice, and CONTRACTOR'S social security number
or Employer ldentification Number and submitted to:
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765-4178
Attn: Cynthia Ravenstein, MSRC Contract Administrator
C. No funds shall be paid out to CONTRACTOR pursuant to this Contract, until the project described in
Attachments 1 and 2 is completed and proof of completion is provided to AQMD. )f the project
described in Atfachments 1 and 2 is not completed and satisfactory proof of completion is not provided
to AQMD, no monies shall be due and payable to CONTRACTOR. Proof of completion shall include a
Final Report detailing the project goals and accomplishments.
D. Additional AB 2766 Discretionary Match Funds will not be available to fund project cost overruns. Any
project cost overruns must be funded from other than AB 2766 Discretionary Funds.
E. The Firm Fixed Price amount of this Contract shall not exceed the total AB 2766 Funds applied to the
project described in Attachments 1, 2, and 3 of this Contract.
F. If, at the completion of the Project described in Attachment 1, the vehicle expenditures and/or
infrastructure expenditures are less than the Total Cost amount(s)contained in Attachment 2,the actual
amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be adjusted on a prorated
basis as described in Attachment 2.
G, CONTRACTOR must submit final invoice no later than ninety(90)days after the termination date of this
Contract or invoice may not be paid.
3
Contract No. ML09021
12. MOBILE SOURCE EMISSION REDUCTION CREDITS(MSERCs)
A. The MSRC has adopted a policy that no MSERCs resuiting from AB 2766 Discretionary Funds may be
generated and/or sold.
B. CONTRACTOR has the oppo�tunity to generate MSERCs as a by-product of the project if a portion of the
air quality benefits attributable to the project resulted ftom other funding sources. These MSERCs,which
are issued by AQMD, are based upon the quantified vehicle miles traveled (VMT) by project vehicles or
other activity data as appropriate. Therefore, a portion of prospective MSERCs, generated as a result of
AB 2766 Funds, must be retired. The portion of prospective credits funded by the AB 2766 program, and
which are subject to retirement,shall be referred to as°AB 2766-MSERCs."
C. The determination of AB 2766-MSERC's is to be prorated based upon the AB 2766 program's
contribution to the cost associated with the air quality benefits, ln khe case where AB 2766 Disc�etionary
Funds are used to pay for the full differential cost of a new altemative fuel vehicle or for the retrofitting or
repowering of an existing vehicle, all MSERCs attributable to AB 2766 Discretionary Funds must be
retired. The determination of AB 2766-MSERCs for infrastructure and other ancillary items is to be
prorated based upon the AB 2766 program's contribution to the associated air quality benefits.
Determination of the project's overall cost will be on a case-by-case basis at the time an MSERC
application is submitted. AQMD staff, at the time an MSERC application is submitted, will calculate total
MSERCs and retire the AB 2766-MSERCs. CONTRACTOR would then receive the balance of the
MSERCs not associated with AB 2766 funding.
13. NOTICES-Any notices from either party to the other shall be given in writing to the attention of the persons
listed below or to other such addresses or addressees as may hereafter be designated in writing for notices
by either parry to the other. A notice shall be deemed received when delivered or three days after deposit in
the U.S. Mail,postage prepaid,whichever is earlier.
AQMD: South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765-4178
Attn; Cynthia Ravenstein, MSRC Contract Administrator
CONTRACTOR: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert,CA 92260
Attn: Mark S. Diercks
14. EMPLOYEES OF CONTRACTOR
A. CONTRACTOR warrants that it will employ no subcontractor without written approval from AQMD.
CONTRACTOR shall be responsible for the cost of regular pay to its employees, as well as cost of
vacation, vacation replacements, sick leave, severance pay and pay for legal holidays.
B. CONTRACTOR shall also pay all federal and state payroll taxes for its employees and shall maintain
workers'compensation and liability insurance for each of its employees.
C. CONTRACTOR, its officers, employees, agents, or representatives shall in no sense be considered
employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees, agents, or
a
Contract No. ML09021
representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or
extended by AQMD to its employees.
D. CONTRACTOR warrants that it has no interest and shall nat acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of seroices required to be performed
under this Contract. CONTRACTOR further represents that in performance of this Contract, no person
having any such interest shall be employed by CONTRACTOR or any subcontractor.
15. NON-DlSCRIMlNATION - In the performance of this Contract, CONTRACTOR shall not discriminate in
recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color,
national origin, ancestry, sex, age, or physical handicap and shall comply with the p�ovisions of the
Califomia Fair Employment & Housing Act (Government Code Section 12900, et sep,), the Federal Civil
Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal
Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order.
CONTRACTOR shall likewise require each subcontractor to comply with this clause and shall include in
each such subcontract language similar to this clause.
16, COMPLIANCE WITN APPLICABLE LAWS - CONTRACTOR agrees to comply with aU federal, state, and
local laws, ordinances, codes and regulations and orders of public authorities in the performance of this
Contract and to ensure that the provisions of this clause are included in all subcontracts.
17. ASSIGNMENT-The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by
either pa�ty without the prior written consent of the other, and any attempt by either party to do so shall be
void upon inception.
18. NON-EFFECT OF WAIVER—CONTRACTOR'S or AQMD'S failure to insist upon the performance of any or
aJl of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or remedies
hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such
terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless otherwise
provided for herein.
19. ATTORNEYS' FEES - In the event any action (including arbitration) is filed in connection with the
enforcement or interpretation of this Contract, each party in said action shall pay its own attorneys'fees and
costs.
20. FORCE MAJEURE - Neither AQMD nor CONTRACTOR shall be liable or deemed to be in default for any
delay or failure in performance under this Contract or interruption of services resulting, directly or indirectly,
from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of
suitable parts, materials, labor or transportation, or any similar cause beyand the reasonable control of
AQMD or CONTRACTOR.
21. SEVERABtL1TY- In the event that any one or more of the provisions contained in this Contract shall for any
reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall
not affect any other provisions of this Contract, and the Contract shall then be construed as if such
unenforceable provisions are not a pa�t hereof.
s
Contract No. ML09021
22. HEADINGS - Headings on the clauses of this Contract are for convenience and reference only, and the
words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation,
construction,or meaning of the provisions of this Contract.
23. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force
and effect of an original.
24. GOVERNING LAW - This Contract shall be construed and interpreted and the legal relations created
thereby shall be determined in accordance with the laws of the State of Califomia, Venue for resolution of
any dispute shall be Los Angeles County, Califomia.
25. PRECONTRACT COSTS -Any costs incurred by CONTRACTOR prior to CONTRACTOR receipt of a fully
executed Contract shall be incurred solely at the risk of the CONTRACTOR. In the event that a formal
Contract is not executed, neither the MSRC nor the AQMD shall be liable for any amounts expended in
anticipation of a formal Contract. If a formal Contract does result, precontract cost expenditures authorized
by the Contract will be reimbursed in accordance with the cost schedule and payment provision of the
Contract.
26. CHANGE TERMS - Changes to any part of this Contract must be requested in writing by CONTRACTOR,
submitted to AQMD and approved by MSRC in accordance with MSRC policies and procedures.
CONTRACTOR must make such request a minimum of 90 days prior to desired effective date of change. All
modifications to this Contract shall be in writing and signed by both parties.
27. ENTIRE CONTRACT-This Contract represents the entire agreement between the pa�ties hereto related to
CONTRACTOR providing services to AQMD and there are no understandings, representations, or
warranties of any kind except as expressly set forth herein. No waiver, alteration, or modificafion of any of
the provisions herein shall be binding on any party unless in writing and signed by the party against whom
enforcement of such waiver, alteration, or modification is sought. The Statement of Work - Attachment 1,
The Payment Schedule -Attachment 2, and Supporting Documentation -Attachment 3, are incorporated by
reference herein and made a part hereof.
28. AUTHORITY - The signator hereto represents and warrants that he or she is authorized and empowered
and has the legal capacity to execute this Contract and to legally bind CONTRACTOR both in an operational
and financial capacity and that the requirements and obligations under this Contract are legally enforceable
and binding on CONTRACTOR.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANKj
6
Contract No. ML09021
IN WITNESS WNEREOF, the parties to this Contract have caused this Contract to be duly executed on their
behalf by their authorized representatives.
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT CITY OF PALM DESERT
By: By:
Dr.William A.Burke,Chairman,Goveming Board Name:
Title:
Date: Date:
ATTEST:
Saundra McDaniel,CIe�C of the Board
8y:
APPROVED AS TO FORM:
Kurt R.Wiese,General Counsel
�,
,�,�_� �-, �
�,� � �,�'���
By: �:m.�__ � � ' ��;�� _�_
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//MSRC06LocalGovtMafch
Updated 22 October 1008
7
Attachment 1
Statement of Work
City of Palm Desert
Hereinafter Referred to as CONTRACTOR
Contract Number ML09021
Project Description
CONTRACTOR shall partner with the City of Rancho Mirage (Rancho Mirage) for the
synchronization of 14 traffic signals along the following corridor, which totals 5.3 miles:
Monterey Avenue from the intersection with Fred Waring Drive to the intersection with
Dinah Shore Drive, and Dinah Shore Drive from Monterey Avenue to the intersection
with Miriam Way/George Montgomery Way as shown on Attachment 3.3 -- Location
Map. CONTRACTOR and Rancho Mirage have joint jurisdiction over 12 of the 14
signals on this corridor. The project also includes development of coordination timing
plans.
As traffic congestion occurs on the freeways, commuters look to the major a�terials to
avoid it. Corridors which cross local jurisdictional boundaries require coordination
among all affected agencies to optimize signal timing. The goal of this project is to
improve traffic flows on the designated corridor, thereby saving driving time and
reducing emissions. The system will allow for response to peak tra�c volumes, specia!
events and incidents, and major"spikes" in traffic volume.
CONTRACTOR and Rancho Mirage are interested parties. CONTRACTOR shall serve
as lead agency and is responsible for completing this project.
Statement of Work
For the following 5.3-mile corridor: Monterey Avenue from the intersection with Fred
Waring Drive to the intersection with Dinah Shore Drive, and Dinah Shore Drive from
Monterey Avenue to the intersection with Miriam Way/George Montgomery Way,
CONTRACTOR shall complete the following tasks:
Task 1: Data Collection
A. Assess previous travel time study data, traffic signal timing sheets, traffic signal •
as-built plans and detector assignments, and traffic count data.
B. Based on the review of the available traffic count data, collect additional traffic
count information as needed for Task 2 below.
Task 2: Corridor Systems Coordination Design
A. Develop preliminary signal timing coordination plans
B. Optimize coordination design
Task 3: Implement Coordination
A. Implement coordination timing
B. Monitor and refine coordination
Attachment 1
Statement of Work—continued
City of Palm Desert
Hereinafter Referred to as CONTRACTOR
Contract Number ML09021
Promotion
CONTRACTOR shall prepare and submit a proposed Public Outreach Pian to promote
the implementation of the MSRC co-funded project. Acceptable outreach may include,
but is not limited to, notices in CONTRACTOR mailings to residents, newspaper
notices, flyers, and information items at CONTRACTOR Board meetings and
community events. The Public Outreach Plan shall automatically be deemed approved
30 days following receipt by AQMD staff, unless AQMD staff notify CONTRACTOR in
writing of a Public Outreach Plan deficiency. CONTRACTOR shall implement the
approved Public Outreach Plan in accordance with the Project Schedule below.
Project Schedule (based on date of Contract execution)
Task Com letion
Task 1: Data Collection Month 4
_ ._�_______,._____._�.. ___._._�.___._�___ ._.__ ..
Task 2: Corridor Systems Coordination Design Month 10
__ ------.______. _—_.__._______._.._.__._.._--
Task 3: Implement Coordination Month 15
Submit Public Outreach Plan � � ��� Month 7 --�v___._..._.___
__.—_._____._ ____ �__..._._
Implement Public Outreach Plan Month 16
Quarterly Reports Months 4, 7, 10,
and 13
Final Report �--- —�_W�.Month 18 �---^---�� _
Reports
Quarterly Reports: CONTRACTOR shall provide quarterly progress repo�ts that
summarize the project results to date including, but not limited to: tasks completed,
issues or problems encountered, resolutions implemented, and progress to date.
Progress reports that do not comply will be returned to the CONTRACTOR as
inadequate.
Final Report — CONTRACTOR shall submit a concise report, in the format provided by
AQMD staff, at the end of the project, documenting completion of a!I contract tasks, as
well as project results. At a minimum, the final report shall include the following as a
basis for air quality benefits assessment:
• The results of a post-implementation Travel Time Study
2
Attachment 2
Payment Schedule
City of Palm Desert
Hereinafter Referred to as CONTRACTOR
Contract Nurr�ber ML09021
Cost Breakdown
Maximum Local Gov't Funds
AB2766 A lied
Discretionary
Purchase Category Funds Total Cost
payable Contractor Rancho
under this Mirage
Contract
Task 1: Data Collection $9,800 $5,880 $3,920 $19,600
Task 2: Corridor Systems $15,650 $9,390 $6,260 $31,300
Coordination Desi n
Task 3: Implement $14,000 $8,400 $5,6�0 $28,OOQ
Coordination
Totals $39,450 $23,670 $15,780 78 900
CONTRACTOR shall be reimbursed according to the amounts in "Maximum A62766
Discretionary Funds" column stated above upon completion of project. At a minimum,
acceptable ver�cation of project completion shall consist of:
• statements from CONTRACTOR and Rancho Mirage, each statement signed by
a responsible official, that the work specified has been completed and accepted
by that jurisdiction;
• invoice(s} from any subcontractors, and
• receipts for purchase of the materials, equipment and software.
CONTRACTOR must document that a minimum of five percent (5%) of project costs
were paid by the Rancho Mirage.
If, at the completion of the Project, the expenditures are less than the Total Cost amount
above, the actual amount of AB 2766 Discretionary Funds reimbursed to
CONTRACTOR shall be adjusted on a prorated basis.
3
Attachment 3
Supporting Documentation
City of Palm Desert
Hereinafter Referred to as CONTRACTOR
Contract Number ML09021
The supporting documents attached hereto as Attachment 3, represent obligations of
the CONTRACTOR. Nothing herein shall be construed as an assumption of duties or
obligations by the AQMD or granting any rights to third parties against the AQMD.
1. Proof of Insurance
2. Letter of Authorization—City of Rancho Mirage
3. Location Map
4
R�'�:�':�r._-_
i!("'u'i 4 �l a.... j
CALIFOP�NlA
�i7r C�F��rn,.ra i,��:.,.�t i
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1 � �' � ► � A
Mazch 19,2009
MR.SC Contracts Administrator
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar,CA 91765
Re: City of Palm Desert
Activity: Joint venture utilizing contractor to engineer and implement
signal light timing in City roadways
Coverage Period: From 12:01 AM on 3/31/2009 to 11:59 PM on 3/31/2010
The City of Palm Desert(Member)along with other California public agencies,is a member of the California Joint
Powers Insurance Authority(California JPIA),and participates in the following self-insurance and commercial
insurance programs that are administered by the Califomia JPIA for its members:
General Liability Program,Including Automobile Liability
Coverage Limit: $1,000,000 per occurrence
Annuat Aggregate Limit: $2,000,000
Workers'Cotnpensation Program
Employers Liability $1,000,000
On behalf of the Member,the California JPIA agrees to include SCAQMD as an additional Protected Party under the
general liability program but solely as to the acdvity and coverage period shown above. The Califoraia JPIA will
provide defense and payment for clauns of Bodily Injury and Property Damage by individuals and entities,in accord
with the terms of its Memorandum of Coverage. This coverage applies only to negligence of the Member arising out
of the Member's participarion in the covered acdvity at the covered location. This coverage does not include liability -
attnbutable to the sole negligence of the additional protected parry. This letter does not in any way alter the
eoverage provided by,the Memorandum of Coverage nor by the California JPIA's insurance policies in effect during
the coverage period.
The California JPIA will endeavor to provide at least thirty(30)days notice of any change in the foregoing
information.
Sincerely,
�4���C��'�
Jim Thyden
Insurance Programs Manager
cc: Mazk Diercks,City of Palm Desert
CALIFdRht1A JO[ NT POWERS 1iVSUfZAfJCE AUTHC7RITY
3t1,1 Nt�ODY STREET. LA PALt�1A. CA 90b?: Tf�:L �Sb'_� .�G7-S74G FAh t�6'_} 854-4492
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