COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS 73-710 FRED WARING DRIVE, SUITE 200

PALM DESERT, CA 92260

INVITES

PROPOSALS

FOR

Project Master Planning, Preliminary Engineering, and Environmental Documents for

The Parkway 1e11

Proposals must be received by the CVAG Department of Transportation By 2:00 pm (PDT) August 13, 2012.

Late proposals will not be accepted.

July 16, 2012

I. OVERVIEW The Coachella Valley Association of Governments (CVAG) is the sub-regional transportation, economic, social and environmental planning agency for the Coachella Valley area of Riverside County, which includes the nine cities within the Coachella Valley (Desert Hot Springs, Palm Springs, Cathedral City, Rancho Mirage, Palm Desert, La Quinta, Indian Wells, Indio and Coachella), the unincorporated County of Riverside as well as two Indian Tribes. The Valley is located in central Riverside County, California, bounded on the west by the San Gorgonio Pass, on the south by the Riverside and Imperial County Line, on the east by I-10 Chiriaco summit and on the north by the San Bernardino County Line. CVAG membership also includes the City of Blythe in eastern Riverside County on the Arizona border and outside the Coachella Valley. The City of Blythe will not be included in this project. This project, as an innovative approach to alternative forms of transportation, weaves together bicycle, pedestrian, and Neighborhood Electric Vehicle modes into one Parkway. Because of this unique project, proposers are encouraged to “think outside the box” with regard to tasks, deliverables, materials, and approaches to development of the Parkway and public outreach. Particular attention should be paid to the complex right-of-way issues that are known to exist and how to accommodate the Parkway with that in mind. A Preliminary Study Report and other information is available on the CVAG website at www.CVAG.org. Click the link at the top of the page under Welcome to CVAG, entitled Parkway 1e11 for additional resources.

The Coachella Valley Association of Governments is requesting proposals from qualified consultants to prepare the Project Master Plan, Preliminary Engineering, and Environmental Document for the Parkway 1e11 project, a multi-use, bicycle, Neighborhood Electric Vehicle (NEV), and pedestrian trail along the Whitewater River. The project will consist of three distinct levels of analysis. The first, Level 1, will extend from Desert Hot Springs to the Salton Sea for the master planning phase(see attached Exhibit A). The entire length will be included in the Project Master Plan with only conceptual analysis for the segment between Palm Springs and Desert Hot Springs and between Coachella and the Salton Sea. These sections will not be part of the preliminary engineering and environmental documentation. The second section, Level 2, will be between Palm Springs and Coachella (see attached Exhibit B) and will include environmental compliance and preliminary engineering. Project level environmental compliance and engineering, Level 3, will occur on an early action portion (see attached Exhibit C). Specific boundaries of the early action portion will be determined through the Project Master Plan, preliminary engineering, and environmental documention. Because of funding sources, time is of the essence. A schedule is required to be submitted along with this proposal and it will be a consideration in the scoring of proposals. The proposer is encouraged to include ways to facilitate efficient and timely delivery of final products.

The consultant will enter into an up to three year contract with CVAG from November 1, 2012 to October 31, 2015.

Based on evaluation of the submitted proposals, the Consultants will be ranked and a short list of the top ranked firms may be invited to oral interviews. After the oral interviews are complete, a final ranking will be prepared. Final negotiations will then proceed with the top consultant. If terms cannot be reached with a top ranked firm, negotiations with that firm will be terminated and negotiations will begin with the next ranked firm. II. SCHEDULE The following schedule is proposed as a guide to the selection of consultants:

Request for Proposal released by CVAG ............................... July 16, 2012 Deadline for questions ............................................................ August 1, 2012 Deadline for receipt of Proposals ............................................ August 13, 2012 Consultant Short List .............................................................. August 20, 2012 Potential Interviews/Negotiations with Selected Firms ........... August 27, 2012 Final Recommendation ........................................................... August 27, 2012 Once a final recommendation is reached by the review committee it will go through CVAG’s committee structure for final action by Executive Committee. It is anticipated that the Executive Committee will approve the agreement at their regularly scheduled meeting in September.

III. SCOPE OF SERVICES The Coachella Valley Association of Governments seeks a consultant(s) to perform the following scope of services.

TASK 1: KICK-OFF MEETING The deliverable is the record of decisions and minutes from the kick-off meeting which may include modifications to the work plan and/or schedule. An organization and scoping meeting will be held with CVAG staff and others to:

Review project objectives Review scope of services Confirm study area Collect available data and published materials Review meeting, presentation, and deliverables schedule Establish communication channels Review and list State and Federal required elements Review and list all applicable design, environmental and planning standards Identify other agencies and organizations with which to coordinate Establish procedures for progress reports and quality control

Any necessary changes to the Scope of Work and Schedule will be made at the conclusion of this effort, and an amended Scope and Schedule will be published. Decisions made at the kick-off meeting will be documented in meeting minutes. TASK 2: DATA COLLECTION AND FIELD SURVEY The deliverable is a Data Collection Report for the Master Plan for Level 2 that presents the results of all tasks listed below. The report should also contain conceptual information for Level 1. The proposer should clearly identify the amount of detail for Level 1 and Level 2 for the following subtasks. The report will include working alignments, maps, photographs, and an analysis of the data collected. The findings of the report will be incorporated in the Project Master Plan. Sub-Task A: Collection and Analysis of Baseline Information All relevant background information will be collected and reviewed, including:

Parkway 1e11 Preliminary Study Report prepared by LSA Associates (http://www.cvag.org/Admin/pdffiles/CVAG%20WWR%20Pkwy%201-25-12.pdf)

Whitewater River, All American Canal, and Dillon Road Regional Trails Corridor Study (Dangermond 2009)

Coachella Valley Non-Motorized Transportation Plan 2010 and Amendments GIS and Aerial mapping Plans from local jurisdictions including:

o General Plan, Parks, Land Use, Circulation Elements o Design Guidelines o Parks and Recreation Plans o Local Bicycle, Trail and/or Golf Cart Plans

Available as-built plans for facilities that may affect Project alignment and design Riverside County Department of Public Health Strategic Plan Health Assessment Resource Center Community Health Monitor 2010 Greenhouse gas emissions baseline data and reduction strategies Other relevant documents and local health resource information

Sub-Task B: Baseline Mapping CVAG resources will be utilized to establish baseline aerial mapping for the project study area, including topographic data. Such mapping information will be used by the consultant to prepare maps, reports, alignments, and plans for the Parkway. Sub-Task C: Right-of-Way Research Research the ownership, lease, and/or easement agreements for all parcels that would be potentially affected by the project. Coordinate with the Coachella Valley Water District and the Riverside County Flood Control District to obtain any relevant information. Review land record information. Conduct formal land surveys as necessary to identify parcel and easement

boundaries in the field. The research will look at existing and planned bike trail segments to assess whether any constraints exist to retrofitting these areas for the Parkway. Sub-Task D: Utility Survey Prepare list of potentially affected utilities and contact information. Obtain relevant available utility information, including encroachment permits, for all surface and subsurface utilities. Prepare a base utilities map. Sub-Task E: Field Survey A site inventory of the study area will be completed, including site photography, surface utilities, mature vegetation, drainage, and other features and information. The field work effort will be summarized and presented as a memorandum on existing conditions, which will include site photography, field measurements, and descriptions of field observations and site conditions. Field measurements will be taken at key constraint areas. TASK 3: PROJECT DESIGN ELEMENTS The deliverable is a Design Elements Report that will summarize the results of the tasks listed below and cover both Level 1 and Level 2. The findings of the report will be incorporated into the Project Master Plan. Sub-Task A: Establish Project Identity A design specialist will develop options for project name and identify a brand for the project for easy public understanding and recognition. Recommendations for design elements that will distinguish the proposed Parkway will be provided. The ultimate decision on project naming and distinctive design elements will be made by CVAG. Sub-Task B: Conceptual Design Building upon the design guidelines proposed in the Preliminary Study Report, prepare 10% conceptual design for the Parkway alignment, including structure modifications as needed. Refine the cross-sections proposed in the Preliminary Study Report. Sub-Task C: Public Art Establish themes and guidelines for public art and interpretive information. Sub-Task D: Green Construction Materials and Practices Environmentally friendly construction materials and practices, and energy and water efficient design will be researched for incorporation into the project. A cost-benefit analysis will be conducted to provide a basis for deciding whether or not to incorporate specific materials and practices. Leadership in Energy and Environmental Design (LEED) certification for the project will be explored.

Sub-Task E: Charging Station Planning CVAG will be preparing a Plug-In Electric (PEV) Readiness Plan that links on-road PEV charging needs with NEV charging needs associated with the “trunk line” facility along and connected to the Whitewater River. Results of that study, e.g. optimal locations, will be integrated into this work plan. Stations will be designed consistent with Program Objectives and in accordance with the project identity (Sub-Task A). TASK 4: PUBLIC OUTREACH/PARTICIPATORY PLANNING The deliverable will be a Public Outreach Summary Report for Level 2, which is described in more detail below. The findings of the report will be incorporated into the Project Master Plan. Proposers are encouraged to suggest different ways of handling public outreach and participatory planning. The following Sub-Tasks are the minimum requirement to meet this Task. Sub-Task A: Meet with Key Property Owners and Lease Holders Identify key property owners and leaseholders along the proposed alignment. Meet individually with all key owners and leaseholders to inform them of the project and to identify constraints and opportunities. Schedule follow-up meetings as necessary to address concerns or develop new ideas. Sub-Task B: Form CVAG Technical Working Group Utilizing the CVAG organizational structure, CVAG will appoint a technical working group to review results of Tasks 1-3 and to provide feedback. Refine alignment and design proposal based on feedback. It is anticipated that the Technical Working Group will meet ten times per over the life of the project. The proposer should include a cost estimate for each meeting. Sub-Task C: Stakeholders Identification Create list of all potential stakeholders and their contact information, including unincorporated communities, interest groups, homeowner associations, NEV, golf cart and bicycle businesses, local community councils, environmental justice groups, Tribal Councils, County Public Health and other health care related agencies, and all other groups that may be affected by the project. Sub-Task D: Prepare Presentation Materials Develop a PowerPoint presentation and other graphic materials to present the conceptual project to the stakeholders at several meetings/workshops. Prepare project website. Prepare informational pamphlets. Prepare social media (Twitter, Facebook, etc.) sites so that interested parties can be kept abreast of the progress of the project. Respond to comments and update the website and social media sites as needed. Prepare press releases as needed. Prepare and update an e-newsletter to be posted on the project website. All materials should be in English and Spanish.

Sub-Task E: Public Workshops Schedule a series of three workshops (one in the western Coachella Valley, one in the central Coachella Valley, and one in the eastern Coachella Valley) in English and Spanish where the public will be invited to ask questions, and provide input. The Consultant shall provide a Spanish translator at the public workshops. Incorporate input feedback into the conceptual plans. Identified stakeholders will receive individual notification and invitations. Workshops will also be advertised to the general public through newspapers and other media. Child care will be available for working families and transportation may also be provided to workshop locations. In addition to general project workshops, five topical workshops will also be scheduled. Topics for special workshops may include the following: benefits for environmental justice communities; project design elements; economic opportunities; and balancing multiple users. Sub-Task F: Public Outreach Summary Report A report summarizing the public outreach efforts and results will be prepared. The report will address project changes that have resulted from the public outreach, and explain any popular requests that could not be incorporated into the project. This report will be included in the Project Master Plan. TASK 5: PREPARATION OF PROJECT MASTER PLAN The deliverable will be a Project Master Plan for Level 2 that presents the results of Tasks 2-4 above and includes a recommended alignment, preliminary engineering plans, assessment of air quality benefits, programmatic environmental compliance, and other elements which are outlined in the subtasks below. For Level 1, the Project Master Plan will include conceptual alignments and design recommendation. The Level 2 Project Master Plan will enable CVAG to issue an RFP to prepare construction documents and, coupled with the environmental document, project level environmental compliance, and ultimately construction of the entire project. Sub-Task A: Alignment Schematic drawings of the preferred alignment and alternative alignments will be prepared as needed. The conceptual geometrics will be shown in plan view on the digital survey maps showing centerlines and edges of the path. Access options will be included. Sub-Task B: Right-of-Way Strategy Right-of-way for this project is very complicated. The proposer should include a strategy on how to approach the right-of-way issue especially as it relates to multiple property owners, easements, and titles. Tribal ownership will also be a factor. The proposer should contact and coordinate with CVWD and the Riverside County Flood Control District since much of the Parkway alignment follows the Whitewater Flood Control channel.

Sub-Task C: Preliminary Engineering Plans Preliminary engineering plans will be developed at a 10% level. The plans will include a general inventory of infrastructure requirements such as paved and earthen paths, amenities, surface utilities, fencing, trailheads, charging facilities, etc. The plans shall also look at potential users of the path (bikers, NEVs, emergency equipment, etc.) and develop appropriate surface and subsurface treatments to accommodate all users. Sub-Task D: Air Quality Impacts/Greenhouse Emissions Reduction Strategies The project’s impacts to air quality, including PM10 and greenhouse gas emissions, will be analyzed and projected. Air quality impacts from project construction will also be assessed. Greenhouse gas emissions reduction strategies will be developed. Sub-Task E: Parkway Management and Maintenance Plan Options for maintenance and management will be explored and a Management and Maintenance Plan, including an administrative structure, will be recommended. Funding stream options will be explored and recommended for long term maintenance (e.g. pavement management system). The Plan will include cost estimates to appoint or establish the maintenance body and to administer maintenance over time. Sub-Task F: Other Elements Other elements will be covered in the Project Master Plan, including the following:

Signage Conceptual water-efficient landscaping and irrigation plan Lighting plan Amenities plan Preliminary cost estimates Phasing recommendations Cost estimates

TASK 6: Environmental Compliance The Scope of Work for the project is a Programmatic Environmental Impact Report (EIR)/Environmental Impact State (EIS) for Level 2, consistent with CEQA/NEPA guidelines and requirements consisting of the following tasks: Subtask A: Initial Study/Environmental Assessment Per CEQA/NEPA requirements, an Initial Study/Environmental Assessment shall be prepared to identify potential issues with regards to the Programmatic EIR/EIS. Results from the IS/EA and the Project Master Plan may indicate that a portion of the Parkway 1e11 may be suitable for final environmental clearance. If that is the case, the Programmatic EIR/EIS may be

expanded to include a Final EIR/EIS or other appropriate environmental document (see Task 8 below).

Subtask B: Notice of Preparation/Notice of Intent

Per CEQA and NEPA requirements, a Notice of Preparation/Notice of Intent shall be prepared by the consultant and that notice shall be posted as required. Subtask C: Public Scoping Meeting The Consultant shall advertise and hold a public scoping meeting to be held at a location yet to be determined. Subtask D: Draft Programmatic EIR/EIS The Consultant shall prepare a draft Programmatic EIR consistent with CEQA and NEPA. Topics shall include, but not be limited to:

A. Aesthetics B. Agricultural Lands C. Air Quality D. Biological Resources E. Cultural Resources F. Environmental Justice G. Geology/Soils H. Greenhouse Gas Emissions I. Hazards and Hazardous Materials J. Hydrology/Water Quality K. Land Use/Planning L. Mineral Resources M. Noise N. Population/Housing O. Public Services P. Recreation Q. Transportation/Traffic R. Utilities/Service Systems S. Mandatory Findings of Significance

Five copies of the Draft Screencheck Programmatic EIR shall be submitted to CVAG for comment. It is anticipated that there will be two screencheck reviews prior to completion of the final draft.

Subtask E: Notice of Completion

Once the draft is ready for public review, the Consultant shall submit the required Notice of Completion to the State Clearinghouse along with the mandatory number of hard and electronic copies and other noticing requirements (i.e. notice in the newspaper) as needed. Postage or delivery and notices shall be paid for by the Consultant.

Subtask F: Notices for Public Review

Notices for public review, along with needed postage and noticing costs (i.e. notice in a newspaper), shall be prepared and sent by the Consultant. Postage and notices shall be paid for by the Consultant.

Subtask G: Response to Comments

The Consultant shall respond to comments received during the public review period. Five copies of a screencheck Response to Comments shall be prepared and submitted to CVAG for comment prior to the preparation of the Final EIR. It is expected that there will be one review of the screencheck Response to Comments.

Subtask H: Final EIR/EIS

The Consultant shall prepare the Final EIR/EIS complete with required findings, Mitigation, Monitoring and Reporting Program, and, if needed, Statements of Overriding Consideration. Five copies of the screencheck Final EIR/EIS shall be submitted to CVAG for review. It is anticipated that there will two screencheck reviews by CVAG prior to release of the Final document.

Subtask I: Notices for Final Consideration and Approval

Once ready for final approvals, the Consultant shall supply CVAG with 20 hardcopies and 50 electronic copies on CD of the final EIR/EIS for public review. The review process by CVAG will involve consideration by the Technical Planning Subcommittee, the Technical Advisory Committee, and the Executive Committee. It is expected that there will be two meetings at each committee lasting up to two hours each, excluding travel time, for a total of six meetings. The Consultant shall prepare the staff reports for each meeting and make presentations on the final document at the meetings.

Subtask J: Notice of Determination/Record of Decision

Once approved by the Executive Committee, the Consultant shall file the Notice of Determination and Record of Decision. The filing fees will be paid by CVAG. TASK 7: DEVELOP COACHELLA VALLEY NEV TRANSPORTATION PLAN Development and approval of an NEV Transportation Plan for the Coachella Valley is necessary, as required per California statute, prior to construction of the proposed Parkway 1e11 Project. Assembly Bill (AB) 31 authorizes Riverside County jurisdictions to develop NEV Transportation Plans. The legislation establishes the requisite components and the process for approval of an NEV Plan. Some of the NEV Plan elements will be developed as part of the Project Master Plan. A draft Coachella Valley NEV Transportation Plan will be developed for submission to requisite reviewers. The schedule assumes four months to complete a Draft NEV Transportation Plan that is approved by CVAG, and another four months to process the

NEV Plan through required reviews and approvals. The NEV Transportation Plan will be an addendum to the Project Master Plan. TASK 8: PROJECT PLANS FOR EARLY ACTION SECTIONS One of the goals of the project is to identify and develop an initial early phase (Level 3) that may be ready for construction. CVAG has identified one potential segment (see attached Exhibit C). However, depending on the findings of the Master Plan and preliminary engineering, another phase or phases may be more appropriate. The proposer should include an approach on how to address this task and include a proposed budget for this work. As identified, it is known that right-of-way will be a major issue. The proposer should outline a strategy and budget on dealing with this in the project plan level. Project level plans, specification, and estimates, and environmental compliance documents will be prepared for project section(s) identified has having few constraints. This should be at a level (100% plans) to allow for advertising and award for construction of the Parkway section identified for early action. Existing and previously planned sections of bike trail along the Project corridor are expected to have few constraints to retrofitting them to accommodate NEVs. The working alignment of the Parkway Project includes approximately eight miles of existing bike trail. An additional three miles of bike trail is already planned, and partially funded, along the Whitewater in Cathedral City. Other sections without existing or planned facilities may also be identified for early action. The project level plans and environmental documents will constitute an addendum to the Project Master Plan with specific tasks and budget to be negotiated once the early action section(s) is identified. Sub‐Task A: Identification of Section(s) for Early Action Identify existing and planned bike trail sections of the Project corridor that can be easily retrofitted for near‐term construction. Identify any undeveloped sections with few constraints to Parkway development. Define a section or sections of the Project for project level planning and near‐term construction. Sub-Task B: Environmental Compliance Environmental documents will be prepared, including any required technical studies, for CEQA and, if needed, NEPA compliance. Required environmental permits, consultations, etc., shall be identified. Sub‐Task C: Construction Documents Landscape architects and civil engineers will prepare construction documents for CVAG review at 30%, 60%, 90% and 100% stages. It is anticipated that all plans will be reviewed and approved by CVWD, a local City engineering staff, or an independent contractor during the various stages. Because much of the right-of-way will be along CVWD right-of-way, CVWD will definitely need to review and approve regardless of who finally approves and stamps the final plans. Proposers should identify an approach to construction documents development and review.

The documents will include standard details, including construction notes, plan and profile sheets, landscape and irrigation plan, and construction detail for amenities. The amenities are expected to include electric vehicle charging stations. IV. PROPOSAL REQUIREMENTS The requirements of this section are mandatory and failure to comply completely will deem the proposal non-responsive.

A. The submittal will not exceed 35 pages (size 8½” x 11”) including the cover letter and

all Exhibits. The overall budget and timeline is in addition to this limitation and may be 11” x 17”.

B. Proposals must be submitted by email in a PDF format. Emails are limited to 5 MB. Facsimile machine (FAX) or mailed proposals will not be accepted.

C. The proposal will include the name of the consultant submitting the proposal and the

mailing address, telephone number, and name of the individual to contact if further information is needed.

D. The prospective consultant will designate by name the project manager to be

employed. The selected consultant will not substitute the project manager without prior approval of CVAG.

E. All proposals must be received by CVAG by 2:00 pm August 13, 2012. Proof of receipt

before the deadline is a time and date receipt on the email. It is the responsibility of the firm replying to this RFP to see that any proposal shall have sufficient time to be received by CVAG. Proposals must be submitted to:

Michael Shoberg, Transportation Program Manager Coachella Valley Association of Governments

mshoberg@cvag.org (760) 346-1127

F. Each Proposal must include the following items:

Signed Proposal Related Experience including the project manager and key staff Technical Proposal including any additions, deletions, or modifications to the work

plan. The technical proposal should specify the proposers understanding of the project and local conditions.

Budget. This should include a detailed cost of the work performed identifying by position the hours associated with each task, as well as direct, indirect and overhead costs.

Note: There are two funding sources for this project, one for the Preliminary Engineering and Project Master Planning and one for the Environmental Documents. The budget shall breakdown the tasks accordingly.

A timeframe and work schedule. The schedule must specify the estimated hours to accomplish each task.

G. All professional services proposals will remain in effect until November 6, 2012.

H. Cost of developing the proposal is the responsibility of the proposer and will not be

billable to CVAG. I. Proposers, their representatives, agents or anyone else acting on their behalf should

only contact CVAG staff for any purpose related to this RFP as directed below. Any questions, technical or otherwise, pertaining to this request for RFP must be submitted IN WRITING and directed to:

Michael Shoberg

Transportation Program Manager CVAG

73-710 Fred Waring Drive, Suite 200 Palm Desert, CA 92260

Ph. (760) 346-1127 Email: Mshoberg@cvag.org

Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is 5:00 P.M., Local Time, August 1, 2012. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. Any Addenda will be posted on CVAG’s website.

J. Proposers are encouraged to include an intern program through the College of the Desert School of Applied Sciences and Business into their proposals. Please contact John A. Jaramillo at 760-773-2571 or at:

jjaramillo@collegeofthedesert.edu

K. Consistent with grant requirements imposed on CVAG, there is a15% retention for this

project.

V. RESPONSIBILITY OF PROPOSER If it is found that a proposer is not responsible (e.g. has not paid taxes, is not a legal entity, has submitted a proposal without an authorized signature, has falsified any information in the proposal, etc.), the proposal will be rejected.

All Proposer(s) shall describe any exception or deviation from the requirements of the RFP or the sample CVAG agreement attached as Exhibit A. PLEASE NOTE THIS IS A SAMPLE AGREEMENT ONLY. CVAG WILL NEGOTIATE A SEPARATE AGREEMENT WITH THE SELECTED PROVIDER. Each clarification, exception, or deviation must be clearly identified. If your firm has no clarification, exception or deviation, a statement to that effect shall be included in this section. VI. CONSULTANT SELECTION

A. Each proposal will be reviewed by an evaluation group to determine if it meets the proposal requirements. Failure to meet the requirements for the Request for Proposals will be cause for rejection of the proposal. The following scoring system will be used:

Project understanding: Degree of understanding of the project (25 points). Scope of Work: Proposed approach to the project including the expected

time commitment of key personnel and technical approach to the project (25 points).

Budget: Based on the scope of work outlined in this RFP, a budget

including cost breakdowns. (20 points).

Project Firm/Manager/Staff Qualifications: Qualifications of the staff assigned to manage and conduct the project (20 points).

Schedule: Thoroughness and reasonableness of project schedule (10

points).

B. The evaluation group may ask for formal oral presentations from the selected consultants. The number one ranked consultant will then proceed to fee negotiation.

C. The prospective consultant is advised that should this Request for Proposal result in award of a contract, the contract will not be in force until it is approved and fully executed by CVAG.

D. The selected consultant will work closely with CVAG Staff through the duration of the project.

E. CVAG reserves the right to withdraw this RFP at any time without prior notice. F. CVAG reserves the right to reject all proposals in the event that it determines, in its

sole discretion that adequate services cannot be obtained at a fair and reasonable cost that is within the budget available for the project.

G. CVAG further reserves the right to waive, in its sole discretion, any irregularities or

informalities in the proposals received which it deems correctible or otherwise not warranting rejection of the bid.

H. CVAG makes no representations that any Agreement will be awarded to any

organization responding to this RFP. CVAG expressly reserves the right to postpone reviewing the Proposal for its own convenience and to reject any and all Proposals responding to this RFP without indicating any reasons for such rejection(s).

I. CVAG reserves the right in the event it determines, in its sole discretion, to award the

contract to more than one proposer if to do so is in the best interests of CVAG. If you have any questions or if you need additional information, please contact us at (760) 346-1127. Michael Shoberg, Transportation Program Manager Email address: mshoberg@cvag.org

Exhibit A – Level 1

Exhibit B – Level 2

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Exhibit C – Level 3

*Conceptual Only

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Attachment A

Sample CVAG Agreement

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AGREEMENT

THIS AGREEMENT is made this __________________ day of _________, 2012, by and between the COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS, hereinafter referred to as “CVAG,” and ___________________, hereinafter referred to as “CONSULTANT.”

WITNESSETH: WHEREAS, CONSULTANT has the management and technical personnel, expertise, and other assets useful for providing services for the _____________________; and WHEREAS, CVAG is desirous of obtaining such services; and WHEREAS, CONSULTANT is desirous of providing such services; NOW, THEREFORE, in consideration of the foregoing recitals and covenants and agreements of each of the parties herein set forth, the parties hereto do agree as follows:

1. Scope of Work: CVAG hereby contracts with CONSULTANT to perform the services as set forth in Exhibit “A,” Scope of Services, attached hereto and by reference incorporated herein and made a part hereof.

2. Price Formula: CVAG agrees to pay CONSULTANT for services set forth in Exhibit “B,”

attached hereto and by reference incorporated herein and made a part hereof. (insert proposer’s budget)

3. Time Period: The term of this Agreement shall commence on ____________, and continue

with final delivery of the products described in Exhibit “A” on or before ____________. CONSULTANT agrees to provide data not only in paper copy but also on magnetic media in a format dictated by CVAG. CONSULTANT will make every effort within their control to meet delivery schedules set forth herein. CVAG reserves the right to utilize other firms at its discretion for accomplishment of similar services or products.

4. Invoices: CONSULTANT shall submit invoices on a monthly basis (in duplicate) to CVAG for

services completed within the prior month. CONSULTANT shall support each invoice with a progress report detailing the services accomplished. Invoices shall be presented to CVAG describing completed elements of the services described in Exhibit “A.”

5. Payment: All payment by CVAG shall be made in arrears, after the service has been

provided and no more frequently than monthly. Payment of said project invoice shall be made within thirty (30) days of receipt provided that the CVAG Project Manager has confirmed that invoice charges are in reasonable agreement with the project tasks, deliverables and current progress report. Payments to CONSULTANT shall be by voucher or check payable to and mailed first class to:

Name Company Address City, State, Zip

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6. Billing Format and Content: Requisitions for payment shall be specified in a written notice to

CVAG. Specific budget category detail is given below:

a. Direct Labor: All direct labor charges should be billed by class of employee at the per-hour rates set forth in Exhibit B.

b. Subcontracting: CONSULTANT shall perform the services contemplated with resources

available within its own organization and no portion of the services pertinent to this contract shall be subcontracted without written authorization by the CVAG Executive Director or designee, except that which is expressly identified in CONSULTANT’S Proposal.

c. Direct Costs: All direct costs billed must be specifically identified without any overhead

or mark-up and be pre-approved by CVAG in writing. Travel costs may not exceed the per diem and mileage rates payable to CVAG employees. Any direct costs not specifically identified in the contract budget cannot be reimbursed.

d. Fee Schedule: CVAG agrees to pay CONSULTANT for services as set forth in Exhibit

“B,” Agreement Price, attached hereto and by reference incorporated herein.

7. Contract Retainer: There will be a 15% retention from billings for this Agreement. 8. Staffing: There shall be no change in CONSULTANT’S Project Manager or members of the

project team without prior written approval by CVAG. 9. Termination: CVAG may at any time, for any reason, with or without cause, suspend or

terminate this Agreement, or any portion hereof, by serving upon Consultant at least thirty (30) days prior written notice. Upon tender of said notice, Consultant shall immediately cease all work under this Agreement, unless further work is authorized by CVAG. In the event this Agreement is terminated pursuant to this Section, CVAG shall pay Consultant only for work that has been accepted by CVAG up to the time of the notice of termination. Work in process will not be paid unless CVAG agrees in writing to accept the partial work, in which case, prorated fees may be authorized. Upon termination of the Agreement pursuant to this Section, Consultant will submit a final invoice to CVAG. Payment of the final invoice shall be subject to approval by the CVAG Project Manager.

10. Management: During the term of this Agreement, CONSULTANT shall provide sufficient

executive and administrative personnel as shall be necessary and required to perform its duties and obligations under the terms hereof.

11. Inspection of Work: CONSULTANT shall permit CVAG the opportunity to review and inspect

the project activities at all reasonable times during the performance period of this agreement including review and inspection on a daily basis.

12. Audits/Material Retained: CONSULTANT shall retain project-related accounting records,

materials, reports and worksheets for a minimum of three (3) years after the delivery of the final product. Said records, materials, reports and worksheets shall be available to CVAG on request.

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13. General Insurance: Throughout the term of this Agreement, CONSULTANT shall procure and maintain insurance, including Workers’ Compensation as required by law for its personnel, and a one million dollar ($1,000,000) commercial general liability policy.

CONSULTANT shall include CVAG and its member agencies and the Coachella Valley

Water District, its employees, directors, officers, and agents as additional insured on this commercial liability policy for covered liabilities caused by CONSULTANT in its performance of services under this contract and shall provide CVAG with a certificate verifying such coverage. CONSULTANT agrees that the bodily injury liability insurance herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires at any time or times during the term of this contract, CONSULTANT agrees to provide at least five (5) days notice prior to said expiration date, and, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided herein for no less than the remainder of the term of the contract, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of the CVAG. In the event CONSULTANT fails to keep in effect at all time insurance coverage as herein provided, CVAG may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event.

Other Insurance Provisions: CVAG and member agencies are to be covered as insured as

respects liability arising out of automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CVAG and member agencies. Minimum requirements are $100,000/$300,000/$25,000. For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects to CVAG. Any insurance or self-insurance maintained by CVAG shall be in excess of the CONSULTANT’S insurance and shall not contribute with it. Any failure to comply with reporting or other provisions of the policies including breach of warranties shall not affect coverage provided to CVAG. The CONSULTANT’S insurance shall apply separately to each insured against whose claim is made or suit is brought except with respect of the insured’s liability. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to CVAG.

14. Equal Employment Opportunity: In connection with the execution of this Agreement,

CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age or national origin.

15. Disputes: Any dispute concerning a question of fact arising under this contract that is not

disposed of any agreement shall first be decided by the CVAG Executive Director or designee, who may consider written or verbal evidence submitted by CONSULTANT. This decision shall be issued in writing. However, no action in accordance with this Section shall in any way limit either party’s rights or remedies through actions in a Court of Law with appropriate jurisdiction. Neither the pendency of a dispute nor its consideration by CVAG will excuse CONSULTANT from full and timely performance in accordance with the terms of this agreement.

16. Ownership of Data: Ownership and title to all reports, documents, plans, specifications and

estimates first produced as part of this contract shall automatically be vested with CVAG and no further agreement will be necessary to transfer ownership to CVAG.

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17. Prohibited Interest: CONSULTANT declares and warrants that no undue influence or pressure was or will be used against or in concert with any officer or employee of CVAG in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No member, officer or employee of CVAG during his/her tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof.

18. Communications: All notices hereunder and communications with respect to the Agreement

shall be effective upon the mailing thereof by registered or certified mail, return receipt requested, and postage prepaid to the persons named below:

If to CONSULTANT: Name Company

Address City, State, Zip

If to CVAG: Name Transportation Program Manager Coachella Valley Association of Governments 73-710 Fred Waring Dr., Suite 200 Palm Desert, CA 92260

19. Succession: This Agreement shall be binding on and inure to the benefit of the heirs,

executors, administrators and assigns of the parties hereto. 20. Headings: The headings or titles to paragraphs of this Agreement are not part of the

Agreement and shall have no effect on the construction or interpretation of any part of this Agreement.

21. Final Payment Certification and Release: CVAG shall not be obligated to make final payment

to CONSULTANT until CONSULTANT has fully performed under this agreement and provided written assurances that CONSULTANT has paid in full all outstanding obligations incurred as a result of Consultant's performance hereunder and that no property of CVAG or its members is subject to any unsatisfied claim as a result of performance of the services (including without limitation, if CVAG requests, releases satisfactory in form to CVAG executed by all parties who by reason of furnishing material, labor or other services described are potential lienors against CVAG or property) All obligations owing by CVAG to CONSULTANT shall be deemed satisfied upon CONSULTANT'S acceptance of the final payment. Thereafter, no property of CVAG shall be subject to any unsatisfied lien or claim arising out of this Agreement.

22. Services: Services supplied by CONSULTANT in performance of this Agreement shall be

performed by personnel who are careful, skilled, experienced and competent in their respective trades or professions. CONSULTANT agrees that it is supplying professional services and/or findings in the performance of this Agreement and that the same shall conform to the level of professional consulting services which are generally provided in the

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United States by consultants providing similar services under similar conditions in similar localities.

23. Scope of Services Changes: The Scope of Services shall be subject to changes by additions,

deletions or revisions thereto by CVAG. CONSULTANT will be advised of any such changes by written notification. CONSULTANT shall promptly perform and strictly comply with each such notice. If CONSULTANT believes that performance of any change would justify modification of the Agreement price or time for performance, CONSULTANT shall comply with the claims provisions set out hereinbelow.

24. Claims: CONSULTANT shall give CVAG written notice within seven (7) days after the

happening of any event which CONSULTANT believes may give rise to a claim by CONSULTANT for an increase in the Agreement price or time for performance. Within fourteen (14) days after the happening of such event, CONSULTANT shall supply CVAG with a statement supporting CONSULTANT’S claim, which statement shall include a detailed estimate of the change in Agreement price or schedule occasioned thereby. CVAG shall not be liable for, and CONSULTANT hereby waives, any claim or potential claim of which CONSULTANT knew, or should have known, and which was not reported by CONSULTANT in accordance with the provisions of this paragraph. CONSULTANT agrees to continue performance of the services described during the time any claim hereunder is pending. CVAG shall not be bound to any adjustments in the Agreement Price for CONSULTANT’S claim unless expressly agreed to by CVAG in writing. No claim hereunder by CONSULTANT shall be allowed if asserted after final payment under this Agreement. Any claim denied by CVAG may be pursued under Paragraph 15 Disputes.

25. Indemnity: To the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend and hold harmless CVAG, its member agencies, any and all of its officials, employees, and agents; and the Coachella Valley Water District, its employees, directors, officers, and agents from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs, which arise out of, pertain to, or relate to CONSULTANT'S alleged act(s) or failure(s) to act.”

26. Force Majeure: Neither party shall hold the other responsible for damage or delays in performance caused by acts of God or other circumstances beyond the control of the other party which could not have been reasonably anticipated or prevented.

27. Venue: Any litigation concerning this Agreement shall take place in the Riverside County

Superior Court, Indio branch.

28. In performance of the services, it is understood that CONSULTANT may be supplied with certain information and/or data by CVAG, and that CONSULTANT will rely on same. It is agreed that the accuracy of such information is not within CONSULTANT’S control, and CONSULTANT shall not be liable for its accuracy, nor for its verification. No report, information, or other data given to or prepared or assembled by CONSULTANT pursuant to this agreement, shall be made available or sold to any individual or organization by CONSULTANT without the prior written approval of CVAG.

29. Authority: The persons executing this Agreement on behalf of CONSULTANT warrants and represents that he/she has the authority to execute this Agreement on behalf of CONSULTANT and has the authority to bind CONSULTANT to the performance of its obligations hereunder.

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30. Precedence:

a. Agreement b. Exhibit “A,” Scope of Services

c. Exhibit “B,” Agreement Price

d. Additional exhibits may be added from time to time as needed by CVAG for services to

be performed during the period of this contract and/or will be made a part hereof upon their execution by the parties.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized on the date written below their signatures. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS

Name of Consultant

By:________________________________ Tom Kirk CVAG Executive Director

By:_______________________________

Date:______________________________

Date:_____________________________

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Exhibit “A”

Coachella Valley Association of Governments XXXXXXXXXXXXXXX

Scope of Services

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Exhibit “B”

Coachella Valley Association of Governments XXXXXXXXXXX

Agreement Price