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HomeMy WebLinkAboutA8342 - KIMLEY - HORN & ASSOCIATESDocuSign Envelope ID: 0BA5BEAE-74FB-4CA3-8E89-1 E45F87606139 City of Palm Springs Development Services Department Engineering Division 3200 East Tahquitz Canyon Way • Palm Springs, California 92262 Tel: (760) 323-8253 • Fax: (760) 322-8360 • Web: www.palmspringsca.gov June 9, 2022 Kimley-Horn and Associates, Inc. ATTN: Jean Fares, Vice President 45-025 Manitou Drive, Suite 11 Indian Wells. CA 92210 Re: Professional Services Agreement No. 8342 for On -Call Traffic Engineering Services Dear Mr. Fares, The referenced agreement expires on June 30, 2022, and in accordance with Section 3.4 of said Agreement may be extended at the discretion of the City Manager. This is to inform you that we wish to extend the Agreement for an additional year to June 30, 2023. This is the first of 2 one-year extensions provided for in said agreement. If you have any questions or concerns regarding the extension of this agreement, please contact me at your earliest convenience. Sincerely, DocuSpnetl by. JoblVo ialvo City Engineer Approved by: DocuSlgnetl by: leele:.>'leaxee... Justin Clifton, City Manager 7/5/2022 Date Please sign and return to the City of Palm Springs to agree to extending Agreement 8342 for one (1) year ending June 30, 2023. C� eoeuftnetl W.. S� P a sasor�osoaae�_. Alvssa Phaneuf, Vice President / P.E. 63123 Kimley-Horn and Associates, Inc. cc: Engineering File 7/5/2022 Date 2 Originals: Agreement; 1 Original: Insurance Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: CONTRACT ABSTRACT Kimley-Horn and Associates, Inc. Jean Fares, Vice President On -Call Traffic Engineering Services On -Call Budgeted projects (various accounts) 3 years (with 2 one year options) Contract Administration Lead Department: Engineering Services Contract Administrator: Marcus Fuller/Donn Uyeno Contract Approvals Council Approval Date: July 24, 2019, Item I.H. Agreement Number: TBD 8-S4 Z Contract Compliance Exhibits: Attached Signatures: Attached Insurance: On file Bonds: N/A Contract prepared by: Engineering Services Submitted on: 09/17/2019 By: Vonda Teed CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT ON -CALL TRAFFIC ENGINEERING SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this 1 st day of Jam, 2019, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City") and Kimley Horn and Associates, Inc., (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties." RECITALS A. City has determined that there is a need for As -Needed, "On -Call" Traffic Engineering Services for a variety of future traffic related projects, (hereinafter the "Project"). B. Consultant has submitted to City a proposal to provide As -Needed, "On -Call" Traffic Engineering Services for a variety of future traffic related projects to City pursuant to the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A," which is attached hereto and is incorporated herein by reference (hereinafter referred to as the "Services" or "Work"). As a material inducement to the City entering into this Agreement, Consultant acknowledges that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant represents that it is a provider professional services and that Consultant is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the professional standards in performing the Work and Services required hereunder. For purposes of this Agreement, the phrase "professional standards" shall mean those standards of practice recognized among well -qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Consultant's Page 1 of 16 Rev. 1-31-18 Proposal, which are both attached as Exhibits "B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (0) the terms of this Agreement; (2nd) the provisions of the Scope of Services (Exhibit "A"); as may be amended from time to time; (3`d) the provisions of the City's Request for Proposal (Exhibit `B"); and, (4th) the provisions of the Consultant's Proposal (Exhibit "C"). 1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable Cal/OSHA requirements. 1.4 Licenses, Permits, Fees and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant affirms that Consultant (a) has considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Page 2 of 18 1.8 Performance of Services. City Manager, City Engineer, or the Assistant Director of Engineering Services as provided in Section 2.1 of this Agreement, shall have the right at any time during the term of this Agreement to order the performance of services as generally described in the Scope of Services to perform extra or additional work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No Work may be undertaken unless a written order is first given by the City Manager, City Engineer or the Director of Engineering Services to the Consultant, incorporating therein the identification and description of the Work to be performed, a maximum or not to exceed amount for such Work, and the time to perform this Agreement. 1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City. 2.0 COMPENSATION 2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that the scope of services required by this Agreement will vary dependent upon the number, type, and extent of the services or work the Consultant shall provide; and no guarantee of the extent or the type of services required of Consultant under the terms of this Agreement is made by the City. The annual level of services required by this Agreement is unknown, and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of projects requiring the Consultant's services has not been identified for this contract, City and Consultant hereby acknowledge and agree that a specific "Maximum Contract Sum" shall be imposed on each separate project that the City may assign Consultant as provided in Section 1.8 and in this Section 2.1. Each such separate project shall be identified as a Task Order or a Purchase Order authorized by the City Engineer, Assistant Director of Engineering Services or the City Manager as provided in this Section 2.1. For the services rendered pursuant to this Agreement, the Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "D" and incorporated herein by this reference. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment for time and materials based upon the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D", or (iii) such other methods as may be specified in the Schedule of Compensation. Compensation shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense, and all other necessary expenditures required to perform the professional services under this Agreement. Compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation therefore. Page 3 of 18 It is expressly agreed that the maximum contract amount of this Agreement is undefined, and is subject to the number and type of projects requiring the Consultant's services throughout the duration of the term of this Agreement, if any. Consultant shall be entitled to compensation in accordance with separate City authorized "Task Orders" (Purchase Orders) with corresponding Not -to -Exceed payment amounts established pursuant to the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D". Consultant's compensation shall be limited to the amount identified on each separate, individually authorized Task Order corresponding to a project requiring the services of the Consultant. By approval of this Agreement, the City Council hereby authorizes the subsequent approval of individual Task Orders (Purchase Orders) in those amounts sufficient to cover the cost of required services (pursuant to Schedule "D") necessary for the projects. Subject to existing cost limits established by municipal code. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement. If such appropriations are not made, the City Manager may terminate this Agreement as provided in Section 8.3 of this Agreement; otherwise, there shall be no funding for any work or services and Consultant shall not be entitled to payment for any work or services that Consultant may provide. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance for each Task Order. 3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the Page 4 of 18 period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section. 3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall commence on July 1, 2019 and continue in full force and effect for three (3) years. At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional one (1) year terms. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Jean Fares, Vice President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by Page 5 of 18 entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City. 4.4 Independent Consultant. A. The legal relationship between the Parties is that of an independent Consultant, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subConsultants, or agents, Consultant shall indemnify City for all such financial obligations. Page 6 of 18 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two -million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant that would affect the availability of the limits of insurance required by this Agreement; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the Page 7 of 18 State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subConsultants, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non -owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self -insured retentions. City reserves the right to reject deductibles or self -insured retentions in excess of $10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self -insured retentions proposed in excess of $10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: 5.3.1 For any general or auto liability claims related to this Agreement, Consultant's coverage shall be primary insurance as respects City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits, where available, provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of Page 8 of 18 the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.4 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 5.3.6 Consultant agrees to ensure that subConsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subConsultants and others engaged in the Project will be submitted to the City for review. 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard. 5.3.8 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section. Page 9 of 18 5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage.Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No. or 'for any and all work performed with the City" may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have..." ("as respects City of Palm Springs Contract No. or 'for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. Page 10 of 18 In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agentibroker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 6. INDEMNIFICATION 6.1 To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 6.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8, then: A.To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subConsultants, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials. Officers, employees, agents and volunteers. B. Consultant shall reimburse the Indemnified Parties for any reasonable expenditures, including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend Page 11 of 18 with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified Claims, whether or not Consultant is named as a party to the Claim proceeding. The determination whether a Claim "may arise out of, pertain to, or relate to Indemnified Claims" shall be based on the allegations made in the Claim and the facts known or subsequently discovered by the Parties. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. C. The Consultant shall require all non -design -profession sub -Consultants, used or sub- contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub -section 6.1 in favor of the Indemnified Parties. In additions, Consultant shall require all non -design -professional sub -Consultants, used or sub -contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 7. REPORTS AND RECORDS 7.1 Accountine Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports.Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, and agents in the performance of this Agreement shall become upon payment for such, the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its Page 12 of 18 subConsultants shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue.This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Termination. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine. Page 13 of 18 8.4 Default of Consultant. A. Consultant's failure to comply with any provision of this Agreement shall constitute a default. B. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.13, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided herein. 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non -prevailing Party all reasonable Page 14 of 18 costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non -liability of City Officers and Employees.No officer or employee of the City shall be personally liable to the Consultant, or any successor -in -interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Page 15 of 18 Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant's consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre -paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: City of Palm Springs Attention: City Manager 3200 E. Tahquitz Canyon Way Palm springs, Califomia92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Consultant: Kimley-Horn and Associates, Inc. Attention: Jean Fares, Project Manager 45-025 Manitou Drive, Suite 11 Indian Wells, CA 92210 Telephone: (760) 565-5103 Facsimile: (714) 938-9488 10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent Page 16 of 18 jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest.This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary.Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third -party beneficiary or otherwise, upon any entity or person not a party hereto. 10.7 Recitals.The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. (SIGNATURES ON FOLLOWING PAGE) Page 17 of 18 IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be executed the day and year first above written. ATTEST: CITY PALM SPRINGS, CA By An y 1- ia, ity Date: I APPROVED AS TO FORM: B JeffrK S. linger, ity Attorney CONTENTS APPROVED: WB B Date: APPROVED BY CITY COUNCIL: Date: 2-Zt- [lAgreement No. 2 Date: -5 % 9. Za 19 APPRCVI~D BY CITY COUI,4EC` CONSULTANT b Name: Jean Fares, Senior Vice President, Kimley Horn and Associates, Inc. Check one: _ Individual _ Partnership _X_ Corporation Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. Address: 45-025 Manitou Drive, Suite 11 Indian Wells, CA 92210 V ��jgrture (n Zz) CIO, I Name: Title: _Y I. ce- pfo-"�'idj& ig"Llu 175i Name: ? p S . Title:_5c, a [Z �CLS►� o n� Page 18 of 18 CAUFORNIA ALL PURPOSE ACKNOWr EDGM W CIYit_ CODE § 118g A immy pubfic or other dker oampta V Lhis carti4nka vw9m only 11m f ey of the ralvid" %n sued the dwumett to wNch ft cerdIc m a ® stmched. and not tha trnntdnhneam acc nary, or vdiday of O= domffrwiL Coaity of 5S 'Asia lL On R'S- 1(� before me. QdD Insed Akmw and Title of Ue Olier perzonaW appeared Na-eNof who proved to me an the bums of setetaolory imdar,ae to be the P whose r 1 -V subscribed to the wAhm instrument and acknowledged to me that hs.4u e" erecaded the awns n tim/hgf/q&r authorized caq=W*, snd that by hisRn�r/#6 r a w4ureon the Pmstnament the psrsartM. or the entiiy upon behalf of which the person" acted. executed the -dm- emL I certiry under PENALTY OF PERJURY under the laws of the Dtata of 00karnia that the foragaszg parsUraph W. FRATICELLI I is bue and coned a COMM. #2282291 ZWTNEW my hewed and officiW swL i Notary Public • California z Los Angeles County o Comm. Expires Mar. 22, 2023 Sigma re of Notary PribJrc . Place Notary bear Above OPITWIWL Though this seebon m opfiorad oompAWbW Um tidbinm on can deter nFams eon of the document or 8ardrl wd reaffachment of this firm to an unrdtenmed document Desmipt m of Attached Domurw t TrUs or Type of Docmneft Number of PSUB SW*w(s) Olher Than Nwnsd Above: Gspsci Aso paned by Signers] Signer s t+imne: ❑ Corporsts Officer — TMPK ❑ Partner — ❑ Limited ❑ General ❑ Irn*Wdud ❑ Atfimey h FA& ❑ Tnatse ❑ Guardian or Conservator r1Cwhor Signer Is Representng Signers Name: ❑ Capoma2e Officer — Tifib@* ❑ Partner — ❑ L&dw ❑ General ❑ kndviduad ❑ Attomey in Farb ❑ Trustee ❑ Guardan or Conservator ❑ Ofi►er. Signer is Ilapnxmreting_ 02014 Nabonal Notary Asaaci b m • www.Natic uNoiwy_wg • 1-800-U5 NDTARY (1400 8I&aW7) horn #=7 CAUFORNIA ALL-PURPOSE ACKNOMMrMEW C1YW CODE § 1180 A r :=V public or adw dirge catpWrq On wrOTirsia ve 5m a*jF the id o" of the i xbndLml who sited the docunwd to whirs #" c q rfflrate ® altechmi wW riot the mdhh soaracy a vafyfity oft= dDurrmL CountyState, of CIftyrria of LcLsAo g>& s On q- s- iq behue me. l� �ra�i i cd [l _ Nok m Pob t c, ado tiare,nssrt Name arrd rifle or r afficer PAY appeared who prayed to rise an the basis of satisfactory evidence to be the personP4 mrhDm narrretbj is,ars subscribed to the withm inshwnent aid aclawMedged to me that " acted the awns in hr fi*fit r authorized capachy mA and that by haAwp9ti]6w sgpwduraW an the umburnardth9persoror. or the entity upon baty3lF at which the person 'act.d executed the in3trraner1- I certify under PENALTY OF PERJURY seder the lays of the Slate of Ca6Fomia, that the foregoing paragraph is I rus and correct W. FRA7ICELLI wrrnlESs my hand wee official waL COrMM. #22a ifCou z `tr 0 Note Public - California o figs Z commEl° Tres Mar. les 22, 2023 s of,IlotamyPub�Uc Race Akdwy Sear Above OPTIONAL Though this seckm w opha aL cornphibng ties informislim can dater alherehan of Me document or MwdLlant reaffac meat of this form io an urrfniended document Dsscript KM of Atteched IDocsmrerst Trde or Type of Doaanent Number of Page Sgnw(s) Other Than Named Above: es) Claimed by Signer(a) Sigrser's Name: ❑ Corporate Officer — Title(s}_ ❑ Partner — ❑ United ❑ General ❑ Individual 0 Attorney in Fad ❑ Tnn tee ❑ Guardian or Conservator ❑ Other Signer la Represerrtireg Signers Name: ❑ Coq vats Officer — Tdaft ❑ Parhser — ❑ Lhnited ❑ (ierseral ❑ Indrvidua l ❑ Attomey in Fact ❑ Trustee ❑ Quardan or Conservator ❑ Other- Sig— Is RepreeenbnW &Ml4 Na5and Nolwy Aasacidm • wwwllatimat4alwy ag • l-BOD-LIS NOTARY (14MG-87B-BB27) loam A5W EXHIBIT "A" SCOPE OF SERVICES General Scope of Services for "On -Call" Traffic Engineering Services - Consultant shall provide as - needed licensed on -call traffic engineering services for various City Projects as assigned. Responsibilities may include, but are not limited to, the following: (*all services may or may not be necessary on each assigned project) 1. Traffic Signal Design. 2. Provide traffic signal warrants and other warrants as requested. 3. Provide various traffic studies and technical documentations such as speed surveys, timing sheets, traffic counts, turning movements, etc. 4. Act as the City of Palm Springs representative on contract document interpretation and related contract matters during construction of projects. Typical duties may include, but are not limited to the following: 1. Prepare or examine engineering plans, specifications, designs, cost estimates, bid proposals and legal descriptions for a variety of construction and maintenance projects. 2. Serve at the discretion/direction of City Engineer on a variety of construction or capital improvement projects including difficult engineering work. 3. Represent the City in meetings with contractors, developers, other agencies or the public. 4. Review/evaluate complex plans prepared by developers, consultants, utilities and others. 5. Perform contract administration functions, negotiations on behalf of the City, and recommend change orders when applicable. It will be the responsibility of the Consultant to determine the necessary staffing level required to perform the scope of service as may be required for a project when assigned. The City will not provide dedicated work space or office space, city staff or city resources, printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. All assigned projects must be completed on the basis of the requirements contained herein. Individual projects may require supervision, consultants, materials, equipment, and supplies necessary to complete any services required. All services shall be performed in compliance with industry and professional standards and all applicable federal, state, and local laws, ordinances and regulations including Americans with Disabilities Act (ADA), Greenbook, Caltrans, (or most applicable or current edition at the time of assigned project), and the rules and ordinances of the County of Riverside and the City of Palm Springs. The City further reserves the right, when applicable and in the best interests of the City, to require the Traffic Engineer to engage sub -consultants with special expertise when the unique circumstances of a particular project warrants such additional services. The City may provide recommendations to the Traffic Engineer of sub -consultants for consideration and reserves the right of approval of any sub -consultant selected by the Traffic Engineer on any assigned project. END OF EXHIBIT "A" EXHIBIT "B" CITY'S REQUEST FOR PROPOSALS CITY OF PALM SPRINGS, CA NOTICE INVITING STATEMENTS OF QUALIFICATIONS SOQ 15-19 ON -CALL TRAFFIC ENGINEERING SERVICES NOTICE IS HEREBY GIVEN that the City of Palm Springs is requesting statements of qualifications from professional licensed traffic engineering firms to provide the City with "on - call" Traffic Engineering Services for a variety of City projects as may be assigned, (hereinafter the "Project"). The objective of this solicitation is to hire multiple on -call firms to provide such services to the City. PROJECT LOCATION: City of Palm Springs, CA SCOPE OF SERVICES: The scope of work includes providing the City with "on -call' Traffic Engineering Services for a variety of City projects as may be assigned. OBTAINING SOQ DOCUMENTS AND ADDENDA: The SOQ document may be downloaded via the internet at www.palmspringsca.gov (go to Departments, Procurement, Open Bids & Submittals), or by calling the Office of Procurement and Contracting, (760) 322-8368. Upon downloading the SOQ via the internet, contact Craig Gladders, Procurement and Contracting Manager, via email at craig.gladders c-bpalmspringsca.gov to be placed on the interested vendor list for this project, providing your company name, contact person, contact email address, office address, office phone and office fax. Failure to be placed on the interested vendor list as stated above may result in not receiving Addenda to the SOQ. Failing to acknowledge Addenda may result in your submittal being non -responsive, or may negatively impact the evaluation of your submittal. We strongly advise that you follow the instructions above if you are interested in submitting your qualifications. EVALUATION OF QUALIFICATIONS AND AWARD OF CONTRACT: This solicitation has been developed in the Statement of Qualifications (SOQ) format for the acquisition of Professional Services on the basis of demonstrated competence and qualifications for the type of services required consistent with the provisions of CA Government Code 4525/4526 and Municipal Code 7.04.050. Accordingly, firms should take note that multiple factors as identified in the SOQ will be considered by the Evaluation Committee. PRICE IS NOT EVALUATED AS PART OF THE EVALUATION CRITERIA, but shall be negotiated with the successful firm or firms to be fair and reasonable. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council. The selected firm will be required to comply with all insurance and license requirements of the City. DEADLINE: All submittals must be received in the Procurement and Contracting Office, 3200 E. Tahquitz Canyon Way, Palm Springs, CA, 92262 by 3:00 P.M., LOCAL TIME, TUESDAY, JUNE 11, 2019. The receiving time in the Procurement Office will be the governing time for acceptability of submittals. Telegraphic and telephonic submittals will not be accepted. Reference the SOQ document for additional dates and deadlines. Late submittals will not be accepted and shall be returned unopened. SUBMITTALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their submittal shall be valid for a period of 120 calendar days from the due date of submittals. Page 1 of 48 Craig L. Gladders, C.P.M. Procurement and Contracting Manager May 7, 2019 Page 2 of 48 CITY OF PALM SPRINGS, CA STATEMENT OF QUALIFICATIONS (SOQ) #15-19 ON -CALL TRAFFIC ENGINEERING SERVICES Statements of Qualifications (SOQ 15-19), for professional services for a On -Call Traffic Engineering Services for the City of Palm Springs, CA, (hereinafter the "SOQ") will be received at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME, TUESDAY, JUNE 11, 2019. It is the responsibility of the respondent to see that any submittal sent through the mail, or by any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability of submittals. Telegraphic, telephonic, faxed or emailed submittals will not be accepted. Late submittals will be returned unopened. Failure to register for this SOQ process per the instructions in the Notice Inviting Statements of Qualifications (under "Obtaining SOQ Documents") may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a submittal as being non -responsive or negatively impact the evaluation of a submittal. We strongly advise that interested firms officially register per the instructions in the Notice. 1. PURPOSE AND SCHEDULE: The City of Palm Springs is requesting statements of qualifications from qualified professional licensed traffic engineering firms to provide the City with On -Call Traffic Engineering Services The objective of this solicitation is to hire multiple on - call firms to provide such services to the City. The City may assign projects at its sole discretion. There is no promise or guarantee of work, made or implied, by the City and all work that may be assigned is subject to approval and funding of each project. SCHEDULE: Notice requesting Statements of Qualifications posted and issued ........................... May 7, 2019 Deadline for receipt of Questions ....................................... Tuesday, June 4, 2019, 3:00 P.M. Deadline for receipt of Submittals .................................... Tuesday, June 11, 2019, 3:00 P.M. Short List / Interviews/ *if desired by City.......................................................... to be determined Contract awarded by City Council..................................................................... to be determined NOTE: There will NOT be a pre -submittal conference for this procurement. *Dates above are subject to change. "KEY" TO SOQ ATTACHMENTS: ATTACHMENT "A"- Signature Authorization Form, including Addenda acknowledgment. *Must be completed and included in your Qualifications Submittal envelope. Page 3 of 48 ATTACHMENT "B" — Non Collusion Affidavit Form. *Must be completed and notarized and included in your Qualifications Submittal envelope. ATTACHMENT "C" — Cost/Rates Submittal Form. *Must be completed and included in a separately sealed envelope — do NOT include this in your Qualifications Submittal envelope. ATTACHMENT "D" — No Conflict of Interest and Non -Discrimination Form. *Must be completed and included in your Qualifications Submittal envelope. ATTACHMENT "E" — Business Disclosure Form. *Must be completed and included in your Qualifications Submittal envelope. ATTACHMENT "F" — Sample boilerplate Contract Services Agreement (for reference only) *SPECIAL NOTE: THE CITY /S CONDUCTING A SEPARATE SOQ 14-19 FOR ON -CALL CIVIL ENGINEERING SERVICES THAT IS DUE ON THE SAME DAY. IF YOUR FIRM ALSO OFFERS THOSE SERVICES AND YOU WISH TO SUBMIT YOUR QUALIFICATIONS FOR TRAFFIC ENGINEERING SERVICES, YOU MUST SUBMIT A SEPARATE RESPONSE TO THAT SPECIFIC SOQ. THE CITY WILL NOT ACCEPT OR CONSIDER A COMBINED SINGLE SUBMITTAL IN RESPONSE TO BOTH SOWS. 2. BACKGROUND: The City of Palm Springs is a Charter City in eastern Riverside County, CA with a population of over 48,000. The City is seeking proposals from qualified professional Traffic Engineering firms to establish a list of on -call firms to work on a variety of capital projects within the City boundaries. The city anticipates that projects will range from various traffic engineering items such as: signal warrants, signal design, signal timing sheets, collection of traffic counts and turning movements, etc. The selected consultant(s) shall be required to demonstrate successful experience and capacity to provide traffic engineering services to a municipal government agency for the types of projects named above. Note that projects with Federal or State grant funds may be excluded from this contract pursuant to the applicable terms and conditions of the grant requirements. The City intends to award one or more contracts for on -call Traffic Engineering Services with an initial term of three years, with two one-year extensions upon approval of the City Manager and mutual consent of the selected Consultant(s), for a total maximum term of five years, unless mutually extend by the parties. The assignment of projects to the on -call firms is not guaranteed and is at the sole discretion of the City. 3. SCOPE OF WORK: The selected Consultant(s) shall provide as -needed licensed on -call traffic engineering services for various City Projects as assigned. Responsibilities may include, but are not limited to, the following: (*all services may or may not be necessary on each assigned project) 1. Traffic Signal Design, 2. Provide traffic signal warrants and other warrants as requested. 3. Provide various traffic studies and technical documentations such as speed surveys, timing sheets, traffic counts, turning movements, etc. Page 4 of 48 4. Act as the City of Palm Springs representative on contract document interpretation and related contract matters during construction of projects. Typical duties may include, but are not limited to the following: 1. Prepare or examine engineering plans, specifications, designs, cost estimates, bid proposals and legal descriptions for a variety of construction and maintenance projects. 2. Serve at the discretion/direction of City Engineer on a variety of construction or capital improvement projects including difficult engineering work. 3. Represent the City in meetings with contractors, developers, other agencies or the public. 4. Review/evaluate complex plans prepared by developers, consultants, utilities and others. 5. Perform contract administration functions, negotiations on behalf of the City, and recommend change orders when applicable. It will be the responsibility of the successful firm(s) to determine the necessary staffing level required to perform the scope of service as may be required for a project when assigned. The City will not provide dedicated work space or office space, city staff or city resources, printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. All proposals must be made on the basis of the requirements contained herein. Individual tasks may require supervision, consultants, materials, equipment and supplies necessary to complete any services required. All services shall be performed in compliance with industry and professional standards and all applicable federal, state, and local laws, ordinances and regulations including Americans with Disabilities Act (ADA), Greenbook, Caltrans, (or most applicable or current edition at the time of assigned project), and the rules and ordinances of the County of Riverside and the City of Palm Springs. The City further reserves the right, when applicable and in the best interests of the City, to require the Traffic Engineer to engage sub -consultants with special expertise when the unique circumstances of a particular project warrants such additional services. The City may provide recommendations to the Traffic Engineer of sub -consultants for consideration and reserves the right of approval of any sub -consultant selected by the Traffic Engineer on any assigned project. 4. SUBMITTAL REQUIREMENTS: Please note: this SOQ cannot identify each specific, individual task required to successfully and completely implement this project. The City of Palm Springs relies on the professionalism and competence of the selected firms to be knowledgeable of the general areas identified in the scope of work and will incorporate in the final agreement with the selected firms from this process all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not approve amendments or change orders to the selected firms agreements which do not involve a substantial change from the general scope of work identified in this SOQ. Page 5 of 48 5. SELECTION PROCESS: The City of Palm Springs is utilizing a Qualifications Based Selection process to select multiple firms to provide the on -call services requested by this SOQ. The City shall review the submittals submitted in reply to this SOQ, and a limited number of firms may be invited to make a formal presentation and attend an interview at a future date. The format, selection criteria and date of the presentation and interview will be established at the time of short -listing. Preparation of submittals in reply to this SOQ, and participation in any future presentation or interview is at the sole expense of the firms responding to this SOQ. 6. SUBMITTAL EVALUATION CRITERIA: This solicitation has been developed in the "Statement of Qualifications" (SOQ) format. Accordingly, firms should take note that the City will consider multiple criteria in selecting the most qualified firms. Consistent with CA Government Code Section 4525/4526 and Municipal Code 7.04.050 for the acquisition of Professional Services, price is NOT an evaluation criteria. Cost/Rate submittals submitted in separate sealed envelopes are not opened, nor considered during evaluations. Upon selection of the most qualified firms, the associated cost/rates submittals will be used as a basis for contract negotiations to establish fair and reasonable and mutually agreed upon costs. Should successful negotiations not occur with a ranked firm, the City may, at its sole discretion, choose to enter into negotiations with the next highest ranked firm, and so on. PRIOR CITY WORK: If your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their submittal, information obtained from references, and presentations if requested. All submittals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past projects. An Evaluation Committee, using the following evaluation criteria for this SOQ, will evaluate all responsive submittals to this SOQ. Firms are requested to submit their submittals so that they correspond to and are identified with the following specific evaluation criteria: A. Firm Qualifications, Experience and Background (35 POINTS): B. Understanding Traffic Engineering Design processes (35 POINTS): C. References and Experience with Projects of Similar Size and Scope (25 POINTS): D. Local Expertise Demonstrated on the Team (5 POINTS): Firms that qualify as a Local Business, or employ local sub -consultants, and submit a valid business license as more fully set forth in Section D.1 below, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five (5) points, will be awarded to those that qualify as a Local Business. Two (2) points will be awarded to a non -local business that employs or retains local residents and/or firms for this project. Non -local firms that do not employ or retain any local residents and/or firms for this project shall earn zero (0) points for this criteria. 7. SUBMITTAL CONTENTS: Firms are requested to format their submittals so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 above. The submittals must be in an 8 '/Z X 11 format, minimum 10pt font size, minimum %" margins, and may be no more than a total of thirty (30) sheets of paper, which may be double -sided, including cover letters, organization charts, staff resumes, appendices, and any exceptions to the language in the sample agreement, or to the insurance requirements. NOTE: Dividers, Attachments "A","B", "D" and "E" and Addenda acknowledgments, and the Cost/Rates Submittal "C" (*in a separately sealed envelope) do NOT count toward the limit (everything else does). Interested firms shall submit SIX (6) copies (one marked "Original" plus five (5) Page 6 of 48 copies) of both your Qualifications Submittal and your Cost/Rates Submittal, and one (1) Thumb Drive or CD of the entire submittal (including the Cost/Rates Submittal), by the deadline. All submittals shall be sealed within one package and be clearly marked, "SOQ 15-19, REQUESTS FOR STATEMENTS OF QUALIFICATIONS FOR ON -CALL TRAFFIC ENGINEERING SERVICES". Within the sealed submittal package, the Cost/Rates Submittal "C" shall be separately sealed from the Qualifications Submittal. Submittals not meeting the above criteria may be found to be non -responsive. EACH SUBMITTAL PACKAGE MUST INCLUDE TWO (2) SEPARATELY SEALED ENVELOPES: Envelope #1, clearly marked "Qualifications Submittal", shall include the following items: • Completed Signature authorization and Addenda Acknowledgment (see Attachment A) • Completed, and notarized, Affidavit of Non -Collusion (see Attachment B) • If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley. • Completed No Conflict of Interest and Non -Discrimination Form (Attachment D) • Completed Business Disclosure Form (Attachment E) At a minimum, firms must provide the information identified below. All such information shall be presented in a form that directly corresponds to the numbering scheme identified below. SECTION A: FIRM QUALIFICATIONS, PROJECT TEAM, EXPERIENCE AND BACKGROUND A.1 State your firm's complete name, type of firm (individual, partnership, corporation or other), telephone number, FAX number, contact person and E-mail address. If a corporation, indicate the state the corporation was organized under. A.2. State the name and title of the firm's principal officer with the authority to bind your company in a contractual agreement. A.3 Describe your firm's background and qualifications in the type of effort that this project will require, specifically identifying experience with providing traffic engineering design services for public agencies. AA List the name, qualifications and availability of the key staff/team members that will be assigned to this project. Provide detailed qualifications of the lead Representative or Project Manager that will be assigned to this project. Page 7 of 48 A.5 Indicate the name of any sub -consultant firms that will be utilized to make up your team. Describe each sub -consultant's background and specific expertise that they bring to this project, SECTION B: UNDERSTANDING TRAFFIC ENGINEERING DESIGN METHODOLOGY B.1 Describe in detail the steps that your firm would follow to provide traffic engineering design services, including your work plan process and methodology. B.2 Identify your ability to ensure that projects are designed within your client's budget and the measures taken in successfully completing all phases of a project. B.3 Identify project management tools you propose to use to keep both your own staff on track and the City staff cognizant of current project status. BA Identify a design project, carried out in a desert environment, for which your firm and the staff proposed for this contract provided Traffic Engineering Design Services, and describe how you applied your firm's skills and abilities in the following areas: (a) Responsiveness and attentiveness to client needs; (b) Creative ability; (c) Knowledge and understanding of the latest construction trends; (d) Analytical capability; (e) Oral and written communication skills; (f) Interaction with client's organization, i.e., other divisions and personnel (g) Sensitivity to funding constraints B.5 For the types of potential projects that were listed in Section 2 "Background", please comment on issues in your past experience that have come up and how your staff worked with your client to either avoid or resolve them. SECTION C: REFERENCES AND EXPERIENCE WITH PROJECTS OF SIMILAR SIZE AND SCOPE C.1 Provide a minimum of three (3) references for recently completed Traffic Engineering Design Services for projects of a similar size and scope where the key personnel identified above provided the professional services required. At least two (2) of the references shall be for public/government agency projects, preferably in a desert climate. Provide contact information, including full name and a current phone number, for each project identified. C.2 For the representative successful projects completed, explain what key issues/challenges you faced and how you solved them. Also, please comment on the project budgeting for each. SECTION D: LOCAL EXPERTISE DEMONSTRATED ON THE TEAM D.1 Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term "Local Business" is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or Page 8 of 48 proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, "Coachella Valley" includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. The contractor or consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and subconsultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible. In order for a business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see Attachment A) and provide a copy of its current business license (or of those it employs for this project) from a jurisdiction in the Coachella Valley with its proposal. D.2 List all team members with local expertise. Clearly define their role in the overall project. ENVELOPE #2, clearly marked "Cost/Rates Submittal", shall include a fully completed and signed "Cost/Rates Submittal" form, Attachment "C", as provided by the City. • List the hourly rate for all classifications of personnel who may work on a Project for the City of Palm Springs. • List the hourly rate for all classifications of personnel of sub consultants. • List any reimbursable expenses the City may incur. • List any additional costs, such as drive time, that the City may incur in conjunction with the performance. • Do NOT include Attachments "A", "B", "D, or "E" in the Cost/Rates Submittal, Envelope #2. Attachments "A", "B", "D" and "E" are to be included in Envelope #1, "Qualifications Submittal". DEADLINE FOR SUBMISSION OF QUALIFICATIONS: Submittals will be received in the City of Palm Springs, Office of Procurement and Contracting until 3:00 P.M., LOCAL TIME, TUESDAY, JUNE 11, 2019. Proof of receipt before the deadline is a City of Palm Springs, Office of Procurement and Contracting time/date stamp. It is the responsibility of the firms replying to this SOQ to see that any submittal sent through the mail, or via any other delivery method, shall have sufficient time to be received by the Procurement Office prior to the submittal due date and time. Late submittals will be returned to the firm unopened. Submittals shall be clearly marked and identified and must be submitted to: City of Palm Springs Procurement and Contracting Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Craig Gladders, C.P.M., Procurement & Contracting Manager Page 9 of 48 QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this SOQ other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a submittal. Any questions, technical or otherwise, pertaining to this SOQ must be submitted IN WRITING and directed ONLY to: Craig Gladders, C.P.M. Procurement & Contracting Manager 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Craig.Gladders(a)-palmspringsca.gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the SOQ. The deadline for all questions is 3:00 P.M., Local Time, Tuesday, June 4, 2019. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Department of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. FORM OF AGREEMENT: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Professional Services Agreement (see Attachment "F"). Please note that agreement Exhibits A, B, C, D and E are intentionally not complete in the attached document. These exhibits will be negotiated with the selected firms, and will appear in the final Professional Services Agreement executed between the parties. Requested changes to the Professional Services Agreement may not be approved, and the selected firms must ensure that the attached document will be executed. We specifically draw your attention to the language in the sections of the sample contractual agreement attached entitled "Conflict of Interest" and "Covenants Against Discrimination" and recommend all firms carefully consider these contractual requirements prior to submitting a submittal in response to this SOQ. Firms that submit a submittal in response to this SOQ shall certify the following: a) Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. b) Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic Page 10 of 48 characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked firms refuse or fail to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the next highest ranked firms, and so on. The term of the agreements that are awarded as a result of this SOQ shall be in effect for three (3) years with two additional one (1) year optional extensions at the mutual consent of the parties. AWARD OF CONTRACT: It is the City's intent to award a contract to the firms that can provide all of the services identified in the SOQ document. However, the City reserves the right to award a contract to multiple firms or to a single firm, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firms to be recommended for award and contracts have been negotiated and agendized for consideration. The decision of the City Council will be final. RIGHT TO ACCEPT OR REJECT SUBMITTALS: The City of Palm Springs reserves the right to waive any informality or technical defect in a submittal and to accept or reject, in whole or in part, any or all submittals and to cancel all or part of this SOQ and seek new submittals, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City. INSURANCE: Insurance provisions are contained in the Standard Professional Services sample agreement included in the SOQ. The successful firms will be required to comply with these provisions. It is recommended that firms have their insurance provider review the insurance provisions BEFORE they submit their qualifications. RESPONSIBILITY OF PROPOSER: All firms responding to this SOQ shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an SOQ without an authorized signature, falsified any information in the submittal package, etc.), the submittal shall be rejected. Page 11 of 48 PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 6255 during the negotiation process, may be made public after the City's negotiations are completed, and staff has agendized a recommendation to the City Council for the award of a contract to a specific firm or firms, but before final action is taken by the City Council to award the contracts. Although the California Public Records Act ("CPRA") recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a submittal is a trade secret. If a request is made for information marked "Confidential," "Trade Secret", "Proprietary," or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction. If a submitting party contends that a portion of the submittal is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records laws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys' fees, brought by a person challenging the City's refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a submittal or any other person or entity, because of the release of such information. The City will not return the original or any copies of the submittal or other information or documents submitted to the City as part of this SOQ process. NOTE THAT THE CITY MAY NOT RECOGNIZE SUBMITTALS WHERE ALL OF THE INFORMATION, VIA A BLANKET STATEMENT, IS SUBMITTED AS PROPRIETARY INFORMATION OR A TRADE SECRET. SUCH SUBMITTALS MAY BE FOUND NOW RESPONSIVE. COST RELATED TO SUBMITTAL PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this SOQ in the preparation of their submittal or participation in any presentation if requested, or any other aspects of the entire SOQ process. COMPLIANCE WITH LAW: Proposer warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. LICENSES, PERMITS, FEES, AND ASSESSMENTS: Proposer represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this SOQ. Proposer represents and warrants to City that Proposer shall, at its sole cost and expense, keep in effect at all times during the term of the Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Proposer to perform the Work and Services under the Agreement if so awarded. Proposer shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Proposer's performance of the Work and Services required under the Agreement if so awarded. Proposer shall indemnify, defend, Page 12 of 48 and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Tax". INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this SOQ to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any submittal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. SUBMITTALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their submittal shall be valid for a period of 120 calendar days from the due date of submittals. SIGNED SUBMITTAL AND EXCEPTIONS: Submission of a signed submittal will be interpreted to mean that the firm responding to this SOQ has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Statement of Qualifications, and any attached sample agreement. Exceptions to any of the language in either the SOQ documents or attached sample agreement, including the insurance requirements, must be included in the submittal and clearly defined. Exceptions to the City's SOQ document or standard boilerplate language, insurance requirements, terms or conditions may be considered in the evaluation process; however, the City makes no guarantee that any exceptions will be approved. Page 13 of 48 ATTACHMENT "A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope #1)* REQUESTS FOR STATEMENTS OF QUALIFICATIONS (SOQ) #15-19 ON -CALL TRAFFIC ENGINEERING SERVICES SIGNATURE AUTHORIZATION NAME OF COMPANY(PROPOSER): BUSINESS ADDRESS: TELEPHONE: CELL PHONE FAX CONTACTPERSON EMAIL ADDRESS A. I hereby certify that I have the authority to submit this Submittal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my submittal. PRINTED NAME AND TITLE SIGNATURE AND DATE B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: If successful, the contract language should refer to me/my company as: An individual; A partnership, Partners' names: A company; A corporation If a corporation, organized in the state of: 2. My tax identification number is: Please check below IF your firm qualifies as a Local Business as defined in the SOQ: A Local Business (licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this SOQ is required by including the acknowledgment with your submittal. Failure to acknowledge the Addenda issued may result in your submittal being deemed non -responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s) # is/are hereby acknowledged. Page 14 of 48 ATTACHMENT "B" *THIS FORM MUST BE COMPLETED AND NOTARIZED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope #1)* NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH SUBMITTAL STATE OF CALIFORNIA) ss COUNTY OF RIVERSIDE) The undersigned, being first duly sworn, deposes and says that he or she is of . the party making the foregoing Submittal. That the Submittal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Submittal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Submittal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Submittal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Submittal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Submittal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Submittal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Submittal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Submittal depository, or any other member or agent thereof to effectuate a collusive or sham Submittal. Title: Subscribed and sworn to before me this day of . 2019. Page 15 of 48 ATTACHMENT "C" COST/RATES SUBMITTAL *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST/RATES SUBMITTAL (Envelope #2)* *If necessary, you may attach additional sheets. STATEMENT OF QUALIFICATIONS (SOQ #15-19) ON -CALL TRAFFIC ENGINEERING SERVICES Responding to Statement of Qualifications SOQ 15-19 for providing on -call Traffic Engineering Services, IME the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: PRIME CONSULTANT PERSONNEL CLASSIFICATIONITITLE: HOURLY RATE: $ $ $ $ SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSES: Page 16 of 48 Cost/Rate: Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). OTHER EXPENSES: Cost/Rate: PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. NOTE: This page MUST be manually signed. Certified by: Firm Name Signature of Authorized Person Printed Name Title Date Page 17 of 48 ATTACHMENT "W *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope #1)* CITY OF PALM SPRINGS, CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. NAME OF CONSULTANT/VENDOR: NAME and TITLE of Authorized Representative: (Print) Signature and Date of Authorized Representative: (Sign) Page 18 of 48 (Date) ATTACHMENT "E" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope #1)* CITY OF PALM SPRINGS PUBLIC INTEGRITY DISCLOSURE (INSTRUCTIONS FOR APPLICANTS) Who Must File? Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions. Why Must I File? The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney. Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following: (1) the ownerlinvestor and the official have done business together during the year prior to the application; (2) the official has earned income from the owner/investor during the year prior to the filing of the application; (3) the ownerlinvestor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or (4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the ownerlinvestor's interest in the applicant entity, in relation to the application's outcome. When Must I File? You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed. What Must I Disclose? Page 19 of 48 A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.). Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed). B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager or City Attorney. PENALTIES Falsification of information or failure to report information required to be reported may subject you to administrative action by the City. *There are some additional supplementary instructions with an example following the form should you need further clarification. Page 20 of 48 PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity 2. Address of Entity (Principle Place of Business) 3. Local or California Address (if different than #2) 4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? 0 Yes No 5. Type of Entity ❑ Corporation ❑ Limited Liability Company ❑ Partnership ❑ Trust ❑ Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: if any response is not a natural person, please identify a# officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity ❑ Officer ❑ Director ❑ Member ❑ Manager [name] ❑ General Partner ❑ Limited Partner ❑ Other ❑ Officer ❑ Director ❑ Member ❑ Manager [name] ❑ General Partner ❑ Limited Partner ❑ Other ❑ Officer ❑ Director ❑ Member ❑ Manager [name] General Partner Limited Partner Page 21 of 48 ❑ Other 7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE ✓ANE DOE 50%, ABC COMPANY, Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] A. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] B. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] D. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] E. [name of owner/investor] [percentage of beneficial interest in entity and name of entity) I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Disclosing Party, Printed Name, Title Date Page 22 of 48 City of Palm Springs, CA. Business Disclosure Supplementary Instructions In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided. If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any. Ultimately, the City's disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity). As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are: John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each. The full business entity disclosure in this example would resemble the following: 1. Acme Brothers, Inc., a California corporation a. Officers: John Doe, Jill Doe, and Jay Doe b. Ownership: i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe iii. 25% Jill Doe 2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation 3. Acme Brothers 2, Inc., a California corporation a. Officers: George Doe, Bill Doe, and Jane Doe b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company 4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe b. Ownership: i. 50% Page 23 of 48 CITY OF PALM SPRINGS, CA STATEMENTS OF QUALIFICATIONS (SOQ) 15-19 ON -CALL TRAFFIC ENGINEERING SERVICES ADDENDUM NO. 1 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: Q 1: Is the City requiring the Engineer be certified as a Traffic Engineer? A 1: The City does not require that the Project Manager be a Traffic Engineer, however, the scope of work includes items that require a properly licensed (and registered with the State of California) Traffic Engineer to complete or approve. It is up to the firm to assemble your project team and how you will provide those required services. You should describe this in your response to Criteria Sections A4 and A5 of the SOQ. Q 2: The City's Notice Inviting Statements of Qualifications indicates the need for general engineering services in the scope of work, but then indicates the need for engineering design services in the Submittal Contents sections. Would you please confirm whether engineering design services are the primary scope of the requested services? A 2: Please refer to the SOQ scope of work, design services are part of the desired services. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladders, C.P.M. Procurement & Contracting Manager DATE: June 5, 2019 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 1 is required by signing and including the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum may result in your submittal being deemed non -responsive. EXHIBIT "C" CONSULTANT'S PROPOSAL illillop-l—W /4aZ (SO I June 11, 2019 ■ 45-025 Manitou Drive Craig Gladders, CPM suite 11 Procurement and Contracting Manager Indian Wells, California 92210 City of Palm Springs TEL 760 565 5103 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 RE: Statement of Qualifications for On -Call Traffic Engineering Services (SOQ #15-19) Dear Mr. Gladders and Members of the Selection Committee: Kimley-Horn provides the City of Palm Springs (City) with an experienced team that understands what it takes to provide responsive service and technical expertise for all types of traffic engineering tasks. We are working with local agencies throughout the region to provide a wide range of traffic engineering design, ITS Planning and Design, Traffic Studies and Safety Analysis, civil and roundabout concept design, and traffic signal timing services. In each case, our staff works to be a proactive partner that understands City goals —efficiently and effectively minimizing project impact on City staff. The Kimley-Horn team offers the City of Palm Springs many key benefits, including: Proven Project Management and Local Expertise. Kimley-Horn has a history of developing strong, effective partnerships with local governments throughout the Inland Empire. These partnerships are based firmly on our understanding of the responsibilities our clients have to their constituents, combined with our commitment to working closely with our clients to identify practical and cost-efficient solutions. Jean Fares, T.E., our Project Manager and the City's key point of contact, has over 30 years of experience managing traffic engineering projects in Southern California, including several agency on -call contracts. Responsiveness. At Kimley-Horn, we believe in a strong commitment to client satisfaction. Our success has been built on a foundation of providing not only technical excellence, but also timely service and practical, money -saving solutions. We can work closely with your staff on short notice and provide local coordination of expertise from throughout the company. We have the professional resources to handle any assignment under this on -call, and our staff will be available throughout the duration of this contract. Extensive On -Call Experience. On -call contracts require a different approach from typical project -specific contracts. Each task assigned under an on -call contract requires an individualized approach encompassing the various disciplines necessary to complete the assignment. Our team combines understanding of the conditions in the City of Palm Springs with knowledge and experience of challenging traffic engineering issues in other parts of the state to bring you thoughtful methods to ensure your project is successful. Thank you for your consideration of Kimley-Horn to provide On -Call Traffic Engineering services. We are confident that the qualifications presented in this proposal demonstrate our ability to provide comprehensive on -call services to the City of Palm Springs, and our record of success in providing similar services. Should you have any questions about our proposal, or require any additional information, Jean can be reached directly at 818.970.2048 or via e-mail at jean.fares@kimley-horn.com. This proposal will remain valid for 120 days from the date of submittal. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Jean Fares, T.E. Project Manager City of Palm Springs I TROC96013.19 1 Kimley> Horn Contract Exceptions Kimley-Horn has reviewed the sample Professional Services Agreement and would like to discuss the following modifications with the City. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional ser- vices set forth in the Scope of Services described in Exhibit "A," which is attached hereto and is incorporated herein by reference (hereinafter referred to as the "Services" or "Work"). As a material inducement to the City entering into this Agreement, Consultant acknowledges that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant represents that it is a provider of `ifst elass ..,a.', aprofessional services and that Consultant is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the fiiEH professional standards in performing the Work and Services required hereunder. For purposes of this Agreement, the phrase "#Hest professional standards" shall mean those standards of practice recognized as high quality among well -qualified and experienced professionals performing similar work under similar circumstances. 1.5 Familiarity with Work. By executing this Agreement, Consultant waFraafs-affirms that Consultant (a) has considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fu++funder- stands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be ftt4iy acquainted with the conditions there existing, [... ]. 5.1 Types of Insurance. A. Errors and Omissions Insurance. 5.3.1 For any general or auto liability claims related to this Agreement, Consultant's coverage shall be primary insurance as respects [... ] 5.3.3 All insurance coverage and limits, where available. provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, [...] 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, and agents in the performance of this Agreement shall be become, upon payment for such, the property of City [... ].v Kimley }>> Horn TROC96013.191 City of Palm Springs ��--I✓�'� V������i'w�/i � ��� - � FLU _ - (SOQ 15-19) Table of Contents A. Firm Qualifications, Project Team, Experience, and Background................................................................5 B. Understanding Civil Engineering Design Methodology.............................................................................23 C. References and Experience with Projects of Similar Size and Scope.......................................................31 D. Local Expertise Demonstrated on the Team..............................................................................................41 f r d _C ' a i City of Palm Springs I TROC96013.19 3 Kimley>>> Horn c this page intentionally left blank SECTIONFIRM QUALIFICATIONS, PROJECT TEAM, EXPERIENCE AND BACKGROUND Kimley-Hom and Associates, Inc. Private Corporation (Organized in North Carolina) Contact: Jean Fares, Project Manager 45025 Manitou Drive, Suite 11 Indian Wells, CA 92210 818,970.2048 714.938.9488 (FAQ Jean.Fares@kimley-horn.com A.1 A.2 Jean Fares, Vice President, has the authority to bind Kimley-Horn in a contractual agreement. A.3 Kimley-Horn is a full -service engineering, planning, and environmental consulting firm providing a comprehensive range of services to public and private clients throughout the United States. Founded in 1967, our company has grown from a small group of traffic engineers and transportation planners to a multidisciplinary firm of more than 3,600 professionals in 89 offices nationwide. Our 12 California offices, including local offices in the Coachella Valley, Riverside, Orange, and Downtown Los Angeles, have more than 350 engineers, planners, designers, and technicians — affording us the depth of resources necessary to staff and execute virtually any assignment in response to the City's needs for this on -call contract. We provide our clients with the local knowledge and responsiveness of a small organization, backed by the depth of resources only a national firm could offer. As a recognized nationwide leader in engineering consulting services, Kimley-Horn's professionals understand the complexities of on - call assignments and develop solutions unique to each community we serve. We have an extensive history of completing on -call projects successfully, on time, and within budget. Kimley-Horn will commit the necessary resources to help ensure the success of each project assignment that is outlined in the scope of services. We will do this through proactive project management and continuous contact between City of Palm Springs staff and our key team members. We have the tools that tell us exactly how and when to implement these resources. While this can be perceived as an internal issue to Kimley-Horn, the tools we use to manage and administer a project are really for the client's benefit, since a firm basis is established for on -time, within -budget delivery of all services. Schedule and budget are extremely important to Kimley-Horn, and our resources will allow us to meet the goals established for your projects. Combining national experience with a local sensibility, Kimley-Horn's professionals provide comprehensive solutions to the planning, analysis, and design of public and private spaces. On our projects, we work extensively with our internal partners, agency staff, and clients to create the appropriate technical approach for the document and scope of related technical studies. City of Palm Springs I TROC96013.19 Kimley)))Horn On -Call Specialists The City of Palm Springs needs a consultant with the experience and commitment to deliver highly responsive service—Kimley- Horn has been doing just that for municipal clients since our founding 52 years ago. Kimley-Horn has an extensive history of completing as -needed, on -call projects successfully by quickly mobilizing and committing necessary resources, taking ownership of the project, maintaining the project schedule, obtaining team consensus, developing accurate construction cost estimates, and delivering quality technical submittals. The City can take advantage of our thorough understanding of the issues involved in on -call contracts from our lessons learned from on -call contracts with various cities, counties, and state Dl As part of numerous on -call and as -needed contracts with public clients throughout California, Kimley-Horn has provided a wide range of services planning, engineering, and design services. The fallowing is a summary of just some of the specific services our in-house depth of services allows us to provide to meet the individual needs of our clients. Los Angeles San Bemardino JOF12136 3 Riverside County Pacific KH Coachella Valley Office Ocean San Diego Imperial QBanning,CA • Banning Airport Industrial • Sunset Ave. Railroad Grade Separation at 1-10 • Paseo San Gorgonio Specific Plan • Butterfield Specific Plan OR Q Beaumont, CA • Beaumont Commercial Q Coachella Valley, CA • Pavement Management and Condition Assessment Project • South Valley Parkway Project - Alignment Study, and EA • South Valley Parkway Traf rJPhasing Plan 0 Corona, CA • City of Corona On -Call Traffic and Transportation Services • MGD Corona Sewer Lift Station-Sulmrt Development • Signing and Sniping Plan for Tract 30632 Phase 1) • TS Amethyst Road and Mojave Road © Hemet, CA • Traffic Collision Records Q Indio, CA • Downtown/Old Town Indio Specific Plan • Industrial Development Traffic Impact Analysis • Startwck's - Highway 111 at Monroe Street O Lake Elsinore, CA ® Orange, Los Angeles, and Inland • On -Call Engsneemg and Staff Extension Empire Counties, CA • Nichols Road Lift Wastewater Station The Four Comers Plan Update Q Lake Matthews Area, CA • Lake Matthews Single Family Housing ()Moreno valley, CA • Moreno Val On -Call Review Services • Frederick SI/Brabham Ave. Safety Study • Interchange Improvements for 1-215 at Cactus Avenue PSR • Reche Vista Drive/Perris Boulevard Traffic Study • Speed Humps Pilot Program (D Murrieta, CA • Brea Plaza Redevelopment focused Traffic Impact and Parking Analysis • 1-215/Newport Road interchange Signals • Jackson Business Park • Jackson Ave. Extension &Bridge IS/MND • Jefferson Supercenter • Madison Retail Center TA • Mumeta Marketplace Retail Center TIA • Murrleta Office— Veralliance Properties • Mumeta Pointe Professkmal Office TIA - Davcon • Neighborhood Traffic Management Program • Muni Traffic EriginearinlyS udy Services • Westside Marketplace Retail Center TIA m Norco, CA • Horseshoe Ranch Due Diligence ® Palm Desert, CA • 2004 Ongin-Destrodon Survey • California State University San Bemardino Coachella Valley Off -Campus Center • Intersection and Drainage Improvements at Frank Sinatra Drive and PortolaAvenue • Tragic Signal Communication Master Plan Palm Springs, CA • Palm Springs Unified School 01 stroll. School Retrofdbng • Serena Park OR Peer Review • Downtown Packing Implementation Program and Parking Feasibility Study • Palm canyon Mixed -Use Project ® Perris, CA • OCL1 Rockefeller Project • Penis 15 Condominiums Rancho Mirage, CA • Mirada Custom Lots • Rancho Mirage Section 19 m Riatio, CA • Niagara Bottling Plant Addendum Renaissance Specific Plan & Final OR • Tract No.17708 • Rlatio Walmart Site • Sares-Regis Industrial Development • Walgreens/Tesce Retail Development m Riverside, CA • Riverside Community Hospital Prkg Structure • Riverside Community Hospital Expansion • Intellicenter Riverside • Limonite Phase It • Manheim Auto Auctions Admin.Variance • Mclane Distribution Center • Meridian - Project Garden Final Design • Meridian - Project Sunfield Final Design • Riverside Auto Auction Expansion • Raining Canes She • Tesco Stores Distribution Center • UC Riverside Alumni and Visitor Center • Wall Garden Center Expansion - Riverside Riverside County, CA • 1-215Nan Buren PA&ED and PS&E Phases • 1-10/Sunset Grade Separation • 1-10 Bypass Project • Riva lde County On -Gall Traffic Engineering Services • Riverside County General Plan Program OR • Lakeview -Nuevo Road and Bridge Benefit District (RBBD) Nexus Study • March Global Port • Meridian (March AFB/March Business Center) Specific Plan & OR • On-Gati Services - Traffic Engineering and Transportation Planning Review Services • Rail Crossing Grade Separation Priori ization Study • On -Call Goods Movement Consultant Services • Realignment of SR 79 (Project Report • & Environmental Documeng • Anza Roundabout Feasibility Study and Final Design • Walgreens - Clinton Keith Road/Palomar Street • TLMA Community Planning On -Call • TLMA Planning& Envionmental On -Gall ©r San Jacinto, CA • Cottonwood Estates ® Temecula, CA • Civil Engineering Design Services - Santiago Detention Basin • Diaz Road Extension and Munieta Creek Bridge • Main Street Bridge • Mortara Creek Multi -Purpose Trail • Temecula Roadway Redistribution • Winchester Hills Development Subarea Model 09 Thousand Palms, CA • Central Valley Business Park ® West Riverside, CA • WRCOG TUMF Technical Support(Western Riverside Council of Governments) m Wildomar,CA • Inland Valley Medical Center • Faith Bible Church Kimley>»Horn TROC96013.191 City of Palm Springs L [SOQ,15=191 Services We Offer Our technical qualifications and strengths cover a wide variety of project types and design requirements. Some of our principal practice areas include: • Traffic engineering, traffic operations, and transportation planning • Street lighting • Traffic signal design and upgrades • Intelligent Transportation Systems (ITS) • Traffic studies • Traffic calming studies • Systemic Safety Analysis Reports (SSAR) • Road Safety Signing Audit (RSSA) • Road Safety Audit (RSA) • Traffic control plans • Traffic Management Center support and integration • Signing and striping design • Plan review • Signal timing • Corridor analysis • Signal coordination studies • Traffic simulation/modeling • Railroad pre-emption Traffic Engineering Services • Parking analysis, studies, and design • Civil engineering design services • Roadway design • Streetscape planning and design • Roundabout concept and design • Transit planning and design • Plan check services • Grant Writing and administration • Safe routes to school design • Pedestrian and bicycle facilities planning and design • Environmental support services • Public Outreach • Staff augmentation Kimley-Horn has been an industry leader in traffic engineering for more than 50 years and offers complete in-house traffic engineering services. Our work includes traffic signal communication and system integration design, intersection lanes configuration design, signing and striping, traffic control plans, construction phasing plans, preparation of traffic impact studies, traffic calming studies, speed zoning studies, safety and operations studies, safe routes to school programs, accident analysis, pedestrian safety programs, parking studies, site access, and general consultation studies in traffic engineering. Our traffic engineering team consists of experts in each discipline of traffic studies, traffic signal design and traffic planning and is equipped with the latest software and hardware to meet your project's goals. Traffic Engineering Studies, Investigations, and Safety Analysis Kimley-Horn's local staff has experience performing Roadway Audits, Roadway Safety Signing Audits, preparing Systemic Safety Analysis Reports (SSARs) and other required traffic investigations. We conduct E&TSs per the most recent version of the California Manual of Uniform Traffic Control Devices. Kimley-Horn can perform additional Roadway Audits to determine adequacy of the existing traffic control conditions, in permanent and temporary conditions, and make recommendations for new or additional traffic safety measures, if necessary. Other capabilities include traffic impact analyses, circulation studies, warrant analyses, safety studies, and parking studies. City of Palm Springs I TROC96013.19 7 Kimley>>)Horn Engineering and Traffic Surveys, Roadway Audits, and Traffic Investigations Kimley-Horn's local staff has experience performing Engineering and Traffic Surveys (E&TS) Roadway Audits, and other required traffic investigations. We conduct E&TSs per the most recent version of the California Manual of Uniform Traffic Control Devices (MUTCD) requirements. A detailed record of radar surveys, radar technicians (along with certifications), and recommendations for the City's records are part of the E&TS. Kimley-Hom can also perform additional Roadway Audits to determine adequacy of the existing traffic control conditions, in permanent and temporary conditions, and make recommendations for new or additional traffic safety measures if deemed necessary. Other traffic investigations we can perform include traffic impact analyses, circulation studies, warrant analyses, safety studies, or parking studies. kaffic Signal Design Signal design and construction is one of the cornerstones of Kimley-Horn's professional practice. Our staff has developed signal systems for thousands of signalized intersections for local, regional, and state agencies nationwide. Our systems are based on open architecture concepts, and each one is designed to meet the singular needs of each client. In addition to comprehensive master planning for traffic signalization, our engineers have designed numerous plans to standardize traffic control systems and provide comprehensive systems communications. Members of our staff have also assisted clients during the selection and the administration of various procurement methods, including design -build. We have been responsible for virtually every aspect of traffic systems, including Plans, Specifications & Estimates (PS&E) packages, conceptual designs, operational feasibility, communication architecture, system design, software development, and deployment and implementation plans. .. lxl�: Traffic Signal Phasing and riming Our signals are planned and designed in order to maximize both existing and planned investments. Our staff members use up-to-date operational models such as Synchro, Sim -Traffic, Tru-Traffic, and VISSIM to help our clients optimize the timing and phasing of signals and improve operations at intersections, along roadways, or throughout busy corridors. Our experience includes systems ranging from those with a single intersection to systems with multiple intersections. Our services include data collection, timing/ phasing analysis, preparation of signal coordination plans, and field implementation. Kimley>>> Horn 8 TROC96013.191 City of Palm Springs Roundabout Concept Design and Review Kimley-Horn recognized the potential of the roundabout as an intersection design solution years ago. Not only have we been diligent in learning everything that we can about the evolving art of roundabout design, but we also are committed to being active participants in roundabout interest groups, including local and nationally recognized roundabout seminars, webinars, and conferences. As for practical experience, over the past five years alone, Kimley-Horn has provided more than 50 clients with roundabout feasibility analysis, preliminary and final design, and concept and design peer review. Kimley-Horn has designed roundabouts ranging from single -lane, mini roundabouts (an aesthetically pleasing approach to neighborhood traffic calming) to single -lane roundabouts that address collector/local street intersection approach alignment challenges, to dual lane roundabouts located along arterials and freeway frontage roads. Non -Motorized Projects Kimley-Horn understands the importance of planning and designing for alternative transportation modes for bicycles and pedestrians. We employ state-of-the-art techniques to accommodate and encourage the use of alternative transportation modes and minimize vehicular conflicts. Our team designs facilities using the AASHTO, FHWA, and Caltrans Highway Design Manuals. We are also experienced in designing bike facilities, including buffered bike lanes and cycle tracks, using the NACTO Urban Bikeway Design Guide and the FHWA Separated Bike Lane Planning and Design Guide. With experience on numerous bicycle planning and design projects throughout the United States, we have completed pedestrian and bicycle facility master plans, developed comprehensive statewide plans and requirements for pedestrian/bicycle facilities, and designed over 200 miles of bicycle trails. ITS Planning, Design, and Review ITS technology is based on the fact that transportation systems are more than infrastructure. At Kimley-Horn, we understand this and specialize in integrating the components of the total system —the road, the vehicle, and the traveler —to make public mobility safer and more efficient. Intelligent Transportation Systems, including successful inter -agency program management, feasibility studies, and strategic plans are among Kimley-Horn's key strengths in technology and traffic signal -related transportation work. Utilizing a pool of highly talented systems, software, and electrical engineers, P Kimley-Horn provides the broad -scale vision and a depth of experience needed~ to assist local, regional, and state agencies in identifying and prioritizing its transportation deficiencies, and in finding solutions to those transportation problems from a systems analysis perspective. Our engineers have designed thousands of miles of fiber-optic networks, prepared design plans for F' thousands of new traffic signal installations, and performed hundreds of technology assessments for clients to ensure that specific user needs are met with sound and available technologies. We carry our client's vision one project at a time. Our resident electrical engineers also provide us with a unique view into the software component of the signal designs and, most often, enable us to provide connectivity and incorporate varying levels of intelligent transportation system (ITS) components. ADA Compliance Our design team has a complete knowledge of ADA requirements and offers creative solutions to designing construction details, as related to improvements in the public right-of-way. This includes curb ramps and driveway approaches to fit the needed improvement within the existing constraints of each location, to the best possible extent. In cases when this cannot be achieved, we will devise a solution with minimum impact to the surrounding existing improvements, acknowledging project cost controls. City of Palm Springs I TROC96013.19 KimleyoHorn A.4 When you choose a consultant, you are really choosing the people who offer you the technical expertise, hands-on experience with similar projects, and commitment to a high standard of quality and client service that will make your projects as successful as you have envisioned. To provide the level of support the City of Palm Springs requires, we have assembled a team that has the depth of experience and expertise needed to address a wide range of Traffic Engineering projects. Jean Fares, T.E. will be the primary contact for the City, providing overall management and coordination for Kimley-Horn's on -call services. Jean will be supported by a team of experienced engineers and planners, in addition to senior staff for contract management and quality control. We have identified the most qualified personnel with recent, relevant experience to be available to work with you. The organization chart below highlights our proposed team members' roles. Summary resumes for proposed personnel are provided on the following pages. Jason Melchor, P.E. Tim Chan, P.E. Rya Jean Castillo, Err Serine Ciandella, AICP Mike Colety, P.E., PTOE Darryl dePencier, AICP, LISP Trevor Briggs, P.E. Jean Fares, T.E. Kevin Aguigui, P.E., T.E., E.E., CSEP Jason Melchor, P.E. Sri Chakravarthy, P.E., T.E. Serine Ciandella, AICP Vikas Sharma, T.E. Tim Chan, P.E. Mike Colety, P.E., PTOE Darryl dePencier, AICP, GISP Trevor Briggs, P.E. Melissa Hewitt, P.E. Kimley o Horn Jean Fares, T.E. Kevin Aguigui, P.E., T.E., E.E., CSEP Sri Chakravarthy, P.E., T.E. Vikas Sharma, T.E. Tim Chan, P.E. Project Manager QC/QA Traffic Signal Design/Warrant Analysis Traffic Signal Timing/Coordination Studies Traffic Engineering Studies, Traffic Surveys & Safety Analysis Traffic Signal Timing/Coordination Studies; Traffic Engineering Review Traffic Signal Design/Warrant Analysis; Traffic Signal Timing/Coordination Studies Traffic Engineering Studies, Traffic Surveys & Safety Analysis Traffic Engineering Studies, Traffic Surveys & Safety Analysis Traffic Engineering Studies, Traffic Surveys & Safety Analysis Traffic Engineering Review 10 Jean Fares, T.E. Sri Chakravarthy, P.E., T.E. Vikas Sharma, T.E. Melissa Hewitt, P.E. 25% 10% 25% 25% 30% 40% 45% 30% 50% 60% 35% TROC96013.191 City of Palm Springs AS Jean Fares, T.E. ( 1Project Manager f Professional Credentials • Bachelor of Science, California State Polytechnic University, Pomona Jean has more than 30 years of professional experience in the fields of traffic . Professional Traffic Engineer in and transportation engineering, including traffic signal design (over 2,000 California #TR2097 locations), signal system design (over 1,500 locations), traffic signal timing (over 2,500 locations), traffic operations, signing and marking plans preparation, and traffic control plans. In addition to signal design and corridor signal operations. Jean has managed many of Kimley-Horn's on -call traffic engineering contracts, including to the County of Riverside, Caltrans District 8, and the cities of Downey, Santa Clarita, Agoura Hills, Chino, Long Beach, Glendale, Burbank, Lancaster, Palmdale, Thousand Oaks, and the Coachella Valley Association of Governments (CVAG). Relevant Experience • On -Call Traffic Engineering Services, County of Riverside, CA — Project Manager • On -Call Professional Engineering Services, County of San Bernardino, CA — Principal -in -Charge • On -Call Traffic Engineering Services, Newport Beach, CA — Principal -in -Charge • On -Call Traffic Engineering Services, Agoura Hills, CA— Project Manager • On -Call General Engineering Services, Santa Clarita, CA — Project Manager • On -Call Traffic Engineering Services, Malibu, CA — Project Manager • On -Call Traffic Engineering Services, Downey, CA — Project Manager • On -Call Traffic Engineering Services, Long Beach, CA — Project Manager • On -Call Traffic Engineering Services, Glendale, CA — Project Manager • On -Call Traffic Engineering Services, Burbank, CA — Project Manager • On -Call Traffic Engineering Services, Lancaster, CA — Project Manager • On -Call Traffic Engineering Services, Palmdale, CA — Project Manager • On -Call Traffic Engineering Services, Thousand Oaks, CA — Project Manager • CVAG, On -Call Traffic Engineering Services, Coachella Valley, CA — Project Manager City of Palm Springs I TROC96013.19 ill Kimley>»Horn 1 .6 Kevin Aguigui, P.E., T.E., E.E., CSEP OCIOA Kevin is a Senior Traffic, ITS, Electrical, and Systems Engineer with nearly 30 V years of extensive hands-on technical and project management experience in the areas of transportation management systems, security and surveillance systems, electrical systems, communications networks, and strategic planning. His recent work includes communications systems design and integration, broadband system planning, integrated corridor management systems (ICM), technology evaluations, transit signal priority and automated vehicle location (AVL) systems, railroad preemption, and managed express lane systems. He has prepared numerous fiber optic network designs and wireless system designs, and has extensive experience in the installation, testing, and integration of fiber optic systems. Relevant Experience • SANDAG Regional Traffic Light Synchronization Program, San Diego County, CA — ITS Task Leader • Emergency Vehicle Pre-Emption at Various Locations, Stockton, CA — Principal -in -Charge • Adaptive Control System, Sunnyvale, CA — Project Manager Professional Credentials • Bachelor of Science, Civil Engineering, University of Hawaii • Certificate with Distinction, Telecommunications and Network Engineering, University of California at Berkeley Extension • Professional Civil Engineer in CA #C48732 • Professional Traffic Engineer in CA #TR1781 • Professional Electrical Engineer in CA #19888 • Certified Systems Engineering Professional (CSEP) #00156 • Capitol Expressway ITS Infrastructure and Sidewalk Project, Santa Clara County, CA — Project Engineer • City of Visalia, Professional Design Services for the Traffic Management Center Project, Visalia, CA — Project Manager • Caltrans District 3, Regional Managed Lanes Feasibility Study, Sacramento, CA — Project Manager • City of Visalia, Intelligent Transportation Systems Strategic Plan, Visalia, CA — Project Manager • Metropolitan Transportation Commission,)-880 Express Lanes, Oakland, CA — Project Engineer • City of Menlo Park, Sand Hill Road Traffic Signal Interconnect Adaptive Coordination Project Design Services (in ACI- Kadence), Menlo Park, CA — Principal - in -Charge • City of Santa Clara, Bowers Avenue Traffic Signal Interconnect, SANTA CLARA, CA — Project Manager • MTC, Bay Area Regional Communications Infrastructure Plan, San Francisco Bay Area, CA — Project Engineer • City of San Ramon, Fiber -Optic Master Plan, San Ramon, CA — Principal -in -Charge • Livermore-Amador Valley Transit Authority TSP System Upgrade and Expansion, Dublin, Livermore, Pleasanton, CA — Project Manager • City of Livermore, Downtown Street Lighting Assessment, Livermore, CA — Principal -in -Charge Kimley o Horn 12 TROC96013.191 City of Palm Springs Jason Melchor, P.E. Traffic Signal DesignlftrantAnalysis Jason has 20 years of experience in the management, review, and design of traffic engineering projects, and has worked with clients in Riverside, Orange, Los Angeles, and San Diego counties on a multitude of traffic engineering Professional Credentials • Bachelor of Science, Civil Engineering, University of California, Irvine • Professional Engineer in California j #65218 projects. He has served as project manager on several similar on -call contracts, including leading l projects for the cities of Industry, Anaheim, Newport Beach, and Santa Ana. His traffic engineering experience includes traffic signal design, signing and striping, traffic control, street lighting, and signal interconnect and ITS design plans, and he has served as a key staff member on many transportation studies, and traffic and civil engineering design projects. He has also acted as in- house staff for the cities of Irvine and Huntington Beach to review development studies and design plans. In that role, he worked directly with developers and City staff to provide comments on plan and document submittals. Relevant Experience • On -Call Traffic and Civil Engineering Services, Industry, CA — Project Manager • On -Call Traffic Engineering Services, Anaheim, CA — Project Manager • On -Call Traffic Plan Check Services, Anaheim, CA —Project Manager • On -Call Professional Traffic Engineering Services, Newport Beach, CA — Project Manager • On -Call Traffic and Transportation Plan Review Services, Moreno Valley, CA —Project Engineer • On -Call Traffic Engineering Services, OCTA, Orange County, CA— Project Engineer • On -Call Engineering Services, Santa Ana, CA —Traffic Design Lead Engineer • On -Call Traffic Engineering Services, Downey, CA — Project Engineer • On -Call Traffic and Parking Impact Studies, Glendale, CA— Project Engineer • On -Call Engineering Services, Glendale, CA — Project Engineer • On -Call Traffic Engineering Services, Long Beach, CA — Project Engineer • On -Call Traffic Engineering Services, Malibu, CA — Project Engineer • On -Call Traffic Engineering Services, Agoura Hills, CA — QC/QA • On -Call Traffic Engineering Services, Santa Clarita, CA — Project Engineer • As -Needed Traffic Design Services, County of Los Angeles, CA — Project Engineer • On -Call Professional Traffic Engineering Services, County of Riverside, CA — Project Engineer • On -Call Professional Engineering Services, County of San Bernardino, CA — QC/QA City of Palm Springs I TROC96013.19 13 Kimley ))) Horn � I ,r J. .. R'.;.� ` r.��.1�C sir .,•. Sri Chakravarthy, P.E., T.E. Traffic Signal Timing/Coordination Studies; Traffic Engineering Review Sri is a professional civil and traffic engineer with more than 15 years of extensive transportation engineering and planning experience, including engineering and traffic surveys, traffic signal design and signal timing, ITS, traffic impact analysis, and transportation modeling. He has managed both small and large projects for clients throughout Southern California, serving recently as the project manager for the City of Malibu Engineering On -Call. Sri has served as a project manager and key staff member for many transportation studies, traffic signal control system design and implementation projects, and on -call traffic engineering services. He has extensive knowledge of Traffix, Synchro, CORSIMO, TransCAD 4.5, MicroStation, AutoCAD, and Systat 10. Relevant Experience • On -Call Engineering Services, Malibu, CA — Project Manager • On -Call Traffic Engineering Services, Agoura Hills, CA — Project Engineer • On -Call Traffic and Civil Engineering Services, City of Industry, CA — Project Engineer • OCTA - On -Call Traffic Engineering Services, Orange County, CA — Project Manager • On -Call General Engineering Services, Santa Clarita, CA — Project Engineer • Multi -Year Professional Services, Lancaster, CA — Project Engineer Professional Credentials • Master of Science, Civil Engineering, Louisiana State University • Bachelor of Science, Civil Engineering, Kakatiya University, India • Professional Civil Engineer in California #73629 • Professional Traffic Engineer in California #2531 • Kanan Road/Agoura Road Ultimate Intersection Improvements Project, Agoura Hills, CA — QC/QA Reviewer • Glenoaks Boulevard Traffic Signal Modification, Glendale, CA — QC/QA Reviewer • PCH (Route 1) Mobility Improvements at Various Locations, Malibu, CA — Project Manager • Agoura Road Widening Project (Complete Streets), Agoura Hills, CA— Project Engineer • OCTA, Chapman Avenue Corridor Traffic Signal Synchronization Project (TSSP) (Task Order for Traffic Engineering Services for), Orange County, CA — Project Manager • Los Angeles Avenue Traffic Study, Moorpark, CA — Project Manager • Studebaker Road Traffic Signal Synchronization Project (TSSP), Norwalk, CA — Project Manager • Newport / Orange County Fiber Design, Newport Beach, CA — Principal -in -Charge • OCTA, Newport Avenue North Traffic Signal Synchronization Program (TSSP), Tustin, CA — Project Manager Kimley O Horn 14 TROC96013.191 City of Palm Springs Serine Ciandella, AICP Traffic Engineering Studies, Traffic Surveys & Safety Analysis C '� Serine is a senior transportation planner and project manager with more � p p pJ 9 than 30 years of experience in transportation planning, traffic impact studies, ? parking evaluation studies, transportation demand management practices, and environmental impact projects. She has managed numerous large-scale traffic impact studies invoicing extensive data collection and analysis of numerous intersections and roadway segments, as well as multiple analysis scenarios. Professional Credentials • Bachelor of Science, Mass Communications, Syracuse University • American Institute of Certified Planners #099177 Relevant Experience • Anaheim As -Needed Transportation Planning and Traffic Engineering Services, Anaheim, CA — Project Manager • City of El Segundo, On -Call Transportation Planning and Traffic Engineering Services (2017), El Segundo, CA— Project Manager • Cypress, On -Call Transportation Planning and Traffic Engineering Services (2000-2017), Cypress, CA — Project Manager • OCTA MPAH Assessment (Regional Capacity Needs Assessment), Orange County, CA— QC/QA Reviewer, Project Manager • Circulation Element/General Plan Update and EIR - Irvine, Irvine, CA— Project Manager • Placentia Circulation Element/General Plan Update and EIR, Placentia, CA — Project Manager • Lakeshore Towers Parking Demand Study, Irvine, CA — Project Manager • Parking/Traffic Consulting Services to Amend the Downtown Parking Master Plan, Huntington Beach, CA — Project Manager • City of Buena Park, Complete Streets Master Plan, Buena Park, CA — Project Manager • OCTA, Preliminary Engineering and Environmental Documentation for 17th Street Grade Separation Project, Orange County, CA — Project Engineer City of Palm Springs I TROC96013.19 16 Kimley )» Horn Vikas Sharma, T.E. Traffic Signal Timing /Coordination Studies; Traffic Engineering Review Vikas has 15 years of progressive experience in traffic engineering, traffic signal synchronization, and transportation planning. His core areas of expertise Professional Credentials • Master of Science, Civil Engineering, Pennsylvania State University include traffic operations, signal synchronization, safety analyses, ITS design, and municipal traffic engineering services. Additionally, Vikas has completed several engineering and traffic surveys, parking studies, accident modeling and traffic impact analyses, roundabout analyses, and pedestrian and bicycle planning studies for local agencies within Orange and Los Angeles counties. Vikas is proficient in various software packages including Synchro 9.0, VISSIM 7,0, Traffix, SIDRA, Tru-Traffic TS/PP 11.0, Limdep, AutoCAD and HCS. He also provides traffic operations and modeling training to Kimley-Horn staff and public agency clients. His familiarity with City of Orange staff stems from his involvement on both the Newport Avenue North and Chapman Avenue TSSP projects. ReleVQni experience • On -Call Traffic Engineering Services, OCTA, Orange, County, CA — Deputy Project Manager • Newport Avenue North Traffic Signal Synchronization Program, OCTA, Orange, Tustin, CA — Deputy Project Manager • Chapman Avenue Traffic Signal Synchronization Program, OCTA, Multiple Cities, CA — Deputy Project Manager • On -Call Professional Engineering Services, Covina, CA — Project Manager • On -Call Traffic Engineering Services, Agoura Hills, CA —Traffic Engineer • On -Call Traffic and Transportation Engineering Services, Diamond Bar, CA — Project Manager • Program Management Services for Measure R Highway Equity Program, Lancaster, CA — Project Engineer • On -Call Traffic Engineering Services since 2013, Malibu, CA— Deputy Project Manager/Project Engineer • Kanan Road/Agoura Road Ultimate Intersection Improvements Project, Agoura Hills, CA — Project Engineer • PCH (Route 1) Mobility Improvements at Various Locations, Malibu, CA— Project Engineer • OCTA, Chapman Avenue Corridor Traffic Signal Synchronization Project (TSSP) (Task Order for Traffic Engineering Services for), Orange County, CA — Project Engineer Kimley>)) Horn 16 TROC96013.191 City of Palm Springs Moe Tim Chan, P.E. Traffic Signal Design / Warrant Analysis Traffic Signal Timing / ! Coordination Studies b Tim has five years of experience in transportation planning and traffic '` engineering. He has worked with public and private sector clients on a variety Professional Credentials • Bachelor of Science, Civil Engineering, California Polytechnic University, Pomona • Professional Engineer in California #C85687 of traffic impact studies, transportation analyses, and parking evaluations throughout the Southern California region. His traffic engineering experience includes traffic signal, signing and striping, traffic handling, and streetlight plans. He has utilized a wide range of transportation -related software packages, and is knowledgeable of planning and design standards for local and state agencies. Relevant Experience • Glassell-Collins & Glassell-Meats Left Turn Signal Modification, Orange, CA — Design Engineer • Gene Autry Way Widening, Anaheim, CA — Design Engineer • La Palma Condominiums Off -site Traffic Design, Anaheim, CA — Design Engineer • On -Call Professional Traffic Engineering Services, Newport Beach, CA — Analyst • On -Call Traffic and Civil Engineering Services, Industry, CA — Design Engineer • On -Call Engineering Services (2018), Santa Ana, CA — Project Engineer • Midtown Commercial Corridor Signal Improvements (28 intersections), Burbank, CA— Project Engineer • Auto Center Drive Traffic Signal and Median Design, Buena Park, CA — Design Engineer • Plum Canyon Road Fiber Optic Installation Design, Santa Clarita, CA — Design Engineer • Design of Traffic Signal Interconnect Improvements, Rancho Mirage, CA — Design Engineer • South Main Street Corridor Improvements, Santa Ana, CA — Project Engineer • ITS Phase VII, Santa Clarita, CA — Project Engineer • Warner Ave Street Improvements (Oak Street to Wright Street), Santa Ana, CA — Project Engineer • OCTA, Preliminary Engineering and Environmental Documentation for 17th Street Grade Separation Project, Orange County, CA — Analyst Complete Streets Master Plan, Buena Park, CA— Project Engineer City of Palm Springs I TROC96013.19 17 Kimley ))) Horn Mike Colety, P. E . , TTO E Traffic Engineering Studies, Traffic Surveys & SafetyAnalysis Over the past 23 years, Mike has been responsible for the planning and design of transportation facilities that incorporate safety and functionality. He specializes in highway safety and has presented at the Transportation Research Board (TRB) Annual Meeting on Highway Safety applications the past three years, where he is the Vice -Chair of the TRB Toward Zero Deaths subcommittee. Mike is currently assisting with the Federal Highway Administration (FHWA) Scale and Scope of HSM Guidebook. He has managed regional active transportation projects and bicycle and pedestrian safety action plans. In addition, Mike has completed formal training on RSAs, HSM, Interactive Highway Safety Design Model (IHSDM), and Human Factors Guidelines. Mike has worked with various DOTs, the FHWA, and local cities and agencies in and around the California region on the development and implementation of safety analysis approaches and guidelines for incorporating quantitative safety processes. Relevant Experience • Road Safety Signing Audit/Road Safety Audit Project, Moreno Valley, CA — Project Manager • Roadway Safety Plan (SSARP), Sunnyvale, CA — Project Manager Professional Credentials • Master of Science, Civil Engineering, California Polytechnic State University, San Luis Obispo • Bachelor of Science, Civil Engineering, California Polytechnic State University, San Luis Obispo • Professional Engineer in California (#60858), Arizona, Colorado, Utah, and Nevada • Professional Traffic Operations Engineer (PTOE) #1601 • Federal Highway Administration, Performance -Based Practical Design, Nationwide — Project Engineer • FHWA EFLHD, Road Safety Audits for the U.S. Forest Service, Nationwide —Project Engineer • Caltrans: California Strategic Highway Safety Plan (SHSP) Update and Implementation, Statewide, CA — Project Manager • City of Goleta, Traffic Safety Study for the Systemic Safety Analysis Report Program (SSARP), Goleta, CA — Principal -in -Charge • City of Ventura Systemic Safety Analysis Report Program (SSARP), Ventura, CA — Principal -in -Charge • Nevada Traffic Safety Engineering Design Services (TSEDS) Stewart Street Safety Improvements, Las Vegas, NV — Project Manager • Santa Clarita, Citywide Analysis of Pedestdan and Bicycle Collisions Systemic Safety Analysis Report Project (SSARP), Santa Clarita, CA — Principal -in -Charge • Southern Nevada Transportation Safety Plan, Las Vegas, NV — Project Manager Kimley>))Horn 18 TROC96013.191 City of Palm Springs Darryl DePencier, AICP, GISP Traffic Engineering Studies, Traffic Surveys & SafetyAnatysis Darryl has over 12 years of experience assisting on and leading transportation planning and engineering projects. His recent work includes the preparation of regional transportation plans, alternatives analysis, public engagement, corridor planning, traffic impact assessments, transit planning, performance measurement, origin -destination studies, and research. As a GIS Professional, Darryl often uses GIS to efficiently assess existing conditions and to analyze project alternatives, including work on traffic safety and transportation planning projects. He is experienced with bringing diverse databases together into a geo-enabled environment including spatial transformations, data conversions, overlays, and raster/ vector interactions. Professional Credentials • Master, Urban Spatial Analytics, University of Pennsylvania • Bachelor of Arts, Geography, Carleton University, Ottawa, ON • Certificate, Geographic Information Systems, Algonquin College, Ottawa, ON • American Institute of Certified Planners (AICP) #59317 • Geographic Information Systems Professional (GISP) #26552 Relevant Experience • Systematic Safety Analysis Report for Varied Roadways, Imperial County, CA — Project Planner • Systemic Safety Analysis Report Program, La Quinta, CA — Project Planner • Systemic Safety Analysis Report Program, Lancaster, CA — Project Planner • Systematic Safety Analysis Report Program, Ventura, CA — Project Planner • Traffic Safety Study for the Systemic Safety Analysis Report Program (SSARP), Goleta, CA — Project Planner • Merced County Association of Governments, Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) 2018, Merced, CA — Project Planner • Citywide Analysis of Pedestrian and Bicycle Collisions Systemic Safety Analysis Report Project (SSARP), Santa Clarita, CA — Project Planner • SBCAG, Senate Bill 1 Grant Services, , — Project Planner • SCCRTC, Unified Corridor Investment Study, Santa Cruz County, CA — Project Planner • Stanislaus Council of Governments (StanCOG), Preparation of the 2018 Regional Transportation Plan (RTP), Sustainable Communities Strategy (SCS), and Environmental Impact Report (EIR), Modesto, CA — Project Planner • Hallandale Beach Mobility Plan Roadmap, Hallandale Beach, FL — Project Planner City of Palm Springs I TROC96013.19 19 Kimley O Horn Trevor Briggs, P.E. Traffic Engineering Studies, Traffic Surveys & SafetyAnalysis Trevor has experience completing various transportation projects and studies in California and nationwide. He has designed and drafted traffic plans, including signing and striping, traffic signal, traffic control, and ITS plans. Trevor has also been involved in conducting analyses and writing various traffic impact studies for public agencies and jurisdictions. He has utilized a wide range of transportation -related software packages and is knowledgeable of planning and design standards for many local and state agencies. Relevant Experience • On -Call Engineering Services (2018), Santa Ana, CA— Project Engineer • On -Call Traffic and Civil Engineering Services, Industry, CA —Analyst • On -Call Traffic Engineering Services, Newport Beach, CA —Analyst • On -Call Planning and Engineering, Anaheim, CA —Analyst Professional Credentials • Bachelor of Science, Civil Engineering, Brigham Young University • Professional Engineer in California #87664 • American Society of Civil Engineers (ASCE), Member • South Main Street Corridor Improvements, Santa Ana, CA — Project Engineer • Western Avenue Sight Distance and Parking Improvements, Buena Park, CA — Project Engineer • Complete Streets Master Plan, Buena Park, CA — Analyst • East Coast Highway Signal Rehabilitation Design, Newport Beach, CA — Analyst • On -Call Traffic Engineering Services, Thousand Oaks, CA —Analyst • Capitol Expressway ITS Infrastructure and Sidewalk Project, Santa Clara County, CA —Analyst • Byron Highway and Camino Diablo Intersection Improvements, Contra Costa County, CA — Analyst Kimley}»Horn 20 TROC96013.191 City of Palm Springs 110Q 15=19) Melissa Hewitt, P.E. Professional Credentials ;•, Traffic Engineering Review • Bachelor of Science, Civil Engineering, Arizona State University Melissa is a transportation systems engineer with specialized expertise in Professional Engineer in California a wide range of Intelligent Transportation Systems applications, programs, #63402 and technologies. She provides technical and engineering support to project • Intelligent Transportation Society managers throughout the nation for both planning and design of advanced traffic management (ITS), Chair, California Chapter systems, regional early deployment plans, and traffic management center projects, as well as Smart Corridor selection and strategy development. Her experience with regional projects has given her unique insight into the complexities and challenges of multijurisdictional transportation systems. Relevant Experience • Southern California Association of Governments, Regional ITS Architecture Update — Project Manager • ITS Early Deployment Strategic Plan, Kern County, CA — Project Engineer • San Mateo Smart Corridor/Alternate Route Plan, San Mateo County, CA — Project Engineer • ITS Master Plan, Anaheim, CA - Project Manager • LA Metro, Strategic Plan Development for Freeway Beautification Program, Los Angeles, CA — Project Manager • Los Angeles SAFE, Southern California 511 Travel Information System, Next Generation 511 Travel Information Dissemination Services, Los Angeles, CA — Project Manager • Caltrans District 7, Historic Arroyo Seco Parkway Strategic Program (CMAS), Los Angeles, CA — Project Manager • Caltrans District 7, Arroyo Seco Parkway Safety Improvement Project, Los Angeles, CA — Project Manager • LA Metro, Los Angeles County Regional ITS Architecture (RITSA) Update, Los Angeles, CA — Project Manager • Southern California Association of Governments, Regional Intelligent Transportation Systems (ITS) Architecture Update, Multiple Locations, CA— Project Manager • SANDAG, TSM&O Performance Measures Establishment and Implementation Plan for the 1-805 Corridor, CA — QC/QA Reviewer • Caltrans District 12, North Orange County Triangle ICM TSMO Plan, District 12, CA — Project Manager • LA Metro, CV Coalition Program Support, Los Angeles, CA — Project Engineer • LAWA, Integrated Corridor Management Concept of Operations, Traffic Summit Utilities & LAMP Enabling Projects, Los Angeles, CA — Project Manager City of Palm Springs I TROC96013.19 21 Kimley >)) Horn ycir P i this page intentionally left blank � L M 5 P R I_- UNDERSTANDING TRAFFIC ENGINEERING DESIGN METHODOLOGY B.1 Proven Approach To On -Call Contracts Kimley-Horn provides on -call services to public agencies statewide and our staff is organized to address the needs of a wide range of projects —from focused planning studies to complete environmental documents. We know that being on -call means being available to promptly address agency requests as they arise. Our team understands how to work effectively and efficiently on smaller projects with limited scope and budget, and we can quickly compile an in-house team to meet the needs of any project. Our approach to on -call contracts is based on developing a team -oriented approach to the project review process. Key characteristics that distinguish Kimley-Horn include: • Rapid mobilization of staff for each agency request, including immediate identification of the key personnel and sub -consultants needed for each project. The availability of in-house environmental and engineering staff provides efficiency and consistent quality of the technical analyses. • Ongoing communication and consultation to address issues that arise during the project review process. The collaborative process maintains project progress and results in user-friendly planning documents and legally -defensible environmental documents. • Commitment of senior level management to the project to provide close coordination with the City of Palm Springs, to ensure technical accuracy, and to carefully monitor budget and schedule compliance. • Responsiveness to any significant issues of concern raised by responsible and regulatory agencies and the public. • Flexibility to tailor our approach to meet the specific needs of each project and client. We tailor each on -call task assignment's scope of services specifically to the needs of the individual project and the City. Our familiarity with local standards help us determine what will be necessary to assist the City with each task order. We will approach each project in the same diligent and comprehensive manner including: • Scope of work review and understanding • Data collection and review • Kick-off meeting • Site visit with City staff • Evaluation of existing conditions • Project evaluation and innovation • Concept layouts and reports • Interim site walk and review concept layout of study findings • Response to comments • Innovative project designs • Final design and report • Public outreach or City council presentations (if required) • Invoicing and budget management • Schedule management • Quality Control/Quality Assurance (QC/QA) • Meeting agendas, minutes, and monthly status reports • Closure Upon notice to proceed, the appropriate staff will be assigned by Frank to accomplish the task within the agreed upon timeframe, One of the advantages that our team provides is the ability to assign the right staff to each task. Frank can draw from a multitude of disciplines and resources to complete each assignment —whether the task is relatively minor, requiring only a few people in a single discipline, or a complicated task requiring numerous people and multiple disciplines. A task manager will be assigned to each task, and he/she will work closely with Frank to get the project completed on time and on schedule. On the following page we have included a Flow Chart for a typical project. City of Palm Springs I TROC96013.19 23 Kimiey>»Horn Pz, TYPICAL SERVICES WORKFLOW CHART Project Scoping Kickoff Meeting Data Collection and Site Visit and Review -07- PUBLIC PARTICIPATION Concept Layouts Site Walk and Review PffStakeholder Input and Reports 65�/o PS&E Submittal B.2 Key Factors for Successful Project Delivery 95% PS&E Shareholder Presentation 95% PS&E Submittal • Involvement in Project Development: For successful project delivery, it is critical that scopes are clearly defined to help ensure both the City of Palm Springs and Kimley-Horn's project manager have the same project understanding and expectations at the start of a project. We strive to be on the same page with the City project manager regarding expectations of work included in the project scope, including deliverables and schedule, before we submit our fee proposal. Project Management Structure: The project manager is responsible for providing exceptional, proactive client service by maintaining overall control of the project delivery; managing the flow of information both internally to the project team and with the agency and key stakeholders; managing integration of our team members; maintaining adherence to budget and schedule; and being responsible for the quality control of final deliverables. Our project managers utilize a proven set of project control tools to proactively manage schedules, costs, resource needs, and minimize risks. The extensive management and design experience of our project managers will ensure that the Kimley-Horn team will be able to deliver the various types and sizes of projects likely to arise from this on -call contract. Project Delivery Team Structure: Our project -specific teams are structured to meet the complexities of the project and requirements of the scope and schedule. As we have established on our other local projects, each of our projects has a dedicated core team who provide consistency from project initiation to closeout. In addition, we staff our projects from a pool of resources with specialty skills and technical abilities required by the project. Our position as a mid -sized firm contributes to our comfort with multi -disciplinary work. In larger firms, staff members might be expected to specialize in narrow discipline areas, while staff at smaller firms may not have experience required by large, multi -discipline projects. • Strong Relationships: The Kimley-Horn team has developed relationships and trust with key decision makers at CVAG, RCTD, RCTC, Caltrans, utility agencies and local cities which allow us to effectively communicate and build a project consensus in a timely manner. In addition, we have long standing working relationships with our team members, and know how to work collaboratively as a team. Kimley>» Horn 24 TROC96013.191 City of Palm Springs • Budget, Scope, and Schedule Adherence: For each project, our project managers develop and execute a work plan which includes project scope, budget, and a schedule to help ensure that the overall delivery of the project remains consistent with the expectations of the agency and stakeholders. Our advance work planning and constant coordination with key stakeholders has allowed us to deliver projects in short time frames using innovative methods. For example, Kimley-Horn partnered with Caltrans and the County of Riverside to deliver the 1-10/Sunset Avenue Grade Separation environmental document in six months. • Project Ownership: Our project managers are successful because they are passionate about delivering key projects for their clients. Our people take pride in successful implementation and delivery. Project Controls Project controls are essential to the successful delivery of a project within schedule and budget. The Kimley-Horn team recognizes the importance of having a robust project controls system in place and currently utilizes a project controls process that incorporates contract level and project level elements required to manage and deliver projects in an effective and efficient manner. Contract Level Our Project Manager Jean Fares, T.E., will provide oversight and will be responsible and accountable for ensuring adequate resources are available to complete projects on time and within budget, in addition to planning for upcoming work. As such, Kimley-Horn has established a set of project control tools that our project manager utilizes to manage schedule, costs, resource needs, earned value, identify risks, and provide accurate billing in a manner that meets the City of Palm Springs requirements. The key tools include the following: • Resource Planning: A weekly, monthly, and six-month internal workload forecast system is utilized on a firm wide basis to forecast workloads, availability of staff, and identifies key resources required for successful project delivery, We have created a Master Resource Demands tool (spreadsheet), which gives us the ability to manage workload peaks and valleys and we take proactive steps to keep projects on track. Additionally, our project managers meet on a weekly basis to establish task lists for staff and ensure that staff resources are properly allocated for the upcoming week and project deliverables. • Document Control: We utilize a redundant document control system in which both hard and electronic copies of project deliverables and significant project communications are filed and tracked by project number and key words. Our streamlined electronic filing system includes records of meetings and data shared; documentation of design decisions; and data collected and/or provided by others, allowing us to quickly locate project records and respond to your requests in a timely fashion. • Schedule Monitoring: Our team utilizes a variety of tools to manage schedule adherence, as dictated by the requirements of each project. The various scheduling tools utilized by our team include Primavera and Microsoft Project, and provide our project managers effective tools for internally managing the project, allowing up-to-date project schedule information to be available to the City as requested. • Cost Estimating: We understand that cost estimates we provide will ultimately be used by the City and cooperating agencies to make important decisions regarding the expenditure of significant public tax dollars. The Kim/ey-Horn team has extensive experience estimating costs for public works transportation projects. To the extent possible, our estimates are based on unit prices taken from recent similar projects in the region, including costs contained in the Caltrans database. Additionally, our team's extensive involvement with current Southern California transportation projects, gives us access to numerous recent bids. We will also work with City staff to identify other recent projects that may have helpful, recent bid prices. For projects with unique items of construction for which no local recent bid can be identified, we turn to our nationwide experience to obtain either comparable bid prices (if possible), or informed professional opinions as to probable cost. Our confidence in the reliability of our cost estimates is based on a track record of proven success. We have been highly successful in obtaining project construction bids that are at or slightly below the Engineer's Estimate. City of Palm Springs I TROC96013.19 25 Kimley>» Horn Scope Control We have a three-part, proactive approach to managing and controlling project scopes. • Part One: Constant communication and coordination with the County project manager and key stakeholders from project initiation to closeout. Regular interface with the agency project managers is the best way to control scope and budget creep, limit project surprises and/or risks, and understand potential changes in the project needs. Project communication levels required for successful project delivery will vary depending on the size and scope of the project. • Part Two: Ensure that scopes are clearly defined and both the County and Kimley-Horn project managers have the same project understanding and expectations at the start of a project. Over the years, we have developed a solid understanding of the project process and have tailored our approach to project scopes and fees accordingly. A clearly defined scope and fee helps to ensure that expectations of both the agency and Kimley-Horn project managers can be met and projects can be delivered more efficiently. • Part Three: Regular monitoring and updating of a project work plan, which is created at the start of each project. The project work plan is tailored to the specific type and size of project, and includes basic information such as project scope, budget, and schedule as well as additional project specific items such as document control, QC/QA, risk management, staffing, and communication plans. We understand that each project, no matter the size or type, is important to the County and its constituents. Thus, we have established a robust project control plan with interfaces between the Contract and Project levels that function seamlessly. We are committed to continuing to refine our project control process as projects and needs evolve. Quality Control At Kimley-Horn, quality is essential to all phases of a project life -cycle, including inception, planning, design, construction, and operations. Kimley-Horn measures the success of our quality by the following metrics: • Client satisfaction • Limited construction change orders • Construction costs near our engineers' opinion of costs • Project delivery within schedule and budget To achieve the above metrics, we actively implement our firm wide QC/QA policies and procedures on all of our projects. • Quality of Scope and Schedule: Quality starts with a mutual understanding of project goals and deliverables. Our team includes technical experts who provide senior -level review of the scope of work, budget, and schedule before they are presented to the client. • Quality of Planning and Preliminary Engineering: We listen and tailor our projects to the requirements of the end user. Where applicable, we coordinate closely with the ultimate user throughout the life of the project. Our teams emphasize consensus building with the key project stakeholders early, to aid in development of the basis of the design. We utilize proven tools to help communicate and visually represent the end product, such as visual simulations, operational modeling software, material boards, and architectural renderings. • Design Quality: The true test of the quality of a design occurs during construction of the project. Anything missing from the design or ambiguity on the plans or in the specifications is found by the contractor. Our goal is to minimize construction changes through a thorough and complete QC/ QA process prior, to, and during the design. Kimley-Horn's quality control starts with experienced, proficient professionals who know how to implement innovative, cost -saving ideas and employ project KIMLEY-HORN QUALITY CONTROL IS Kimley>>> Horn 26 TROC96013.191 City of Palm Springs {SOQf15=19) management practices that have proven to be successful. Key parts of quality control during the design process are field visits and site knowledge, understanding of regulatory and funding requirements, and technical knowledge. • Project Construction Bids: Kimley-Horn's quality control measures focus closely on construction estimates. Our team has extensive resources and recent experience that we combine with unit prices taken from recent similar projects to create our engineer's opinion of probable construction cost. The quality and accuracy of our estimates is the result of our early efforts to define basis of design assumptions and identify technical methods. Reviews by senior technical staff help ensure the quality of the estimate. We are proud of our success rate —our recently bid projects have consistently come in at or slightly below the engineer's estimate. • QC/QA Implementation: The QC/QA plan that Kimley-Horn and its team members will follow in the execution of services prepared under this contract is currently being utilized successfully on our other local public contracts and includes the following six key elements: ■ Structure: Each QC/QA plan includes a project manager (responsible for the overall quality of the project), technical managers (engineers responsible for discipline design development), and a QC/QA manager (responsible for verifying that the QC/QA plan is being implemented and followed). Procedures: Intra-disciplinary checking of documents will be performed by a competent individual within each discipline other than the designer. We have established a color -coded comment process that involves the following steps: an initial check (performed by the checker); a review of comments to ensure that suggested changes to the documents are given adequate consideration and the resolution is documented (performed by the designer); a review that ensures changes to the documents are completed in the original documents (performed by the designer); and finally, a review that ensures changes to the documents are completed accurately (performed by the checker). ■ Inter -Disciplinary Reviews: Inter -disciplinary reviews and coordination are performed throughout the project and prior to key submittals, when senior staff from the various discipline groups are brought together to discuss and comments on the interaction of the overall project elements. ■ Quality Assurance Audit: The QC/QA manager will be responsible for conducting a quality assurance audit after completion of the checking and review process and prior to the submittal of any document or deliverable. ■ Deliverables and Document Control: The project manager will manage the submission of design documents after the QC/QA audit is complete and at milestone completion dates. ■ Corrective Action Measures: Corrective action measures will be taken if incorrect or nonconforming work is discovered in deliverable items that have already completed the QC/QA process. B.3 Our Project Management Approach Our project managers are held accountable for project delivery including quality, scope, budget, and schedule. As such, we have a set of project - specific tools in place that our project managers can utilize to manage schedule, costs, resource needs, earned value, and identify risks. Budget and Expenditure Monitoring: Kimley-Horn has a Management Information System (MIS) that provides our contract and project managers with a set of project control tools to manage schedule, costs, earned value, and provide accurate billing in a manner that meets City of Palm Springs requirements. Project managers use our MIS to monitor the progress of projects on a bi-weekly basis. The MIS includes automated budget tracking to allow tighter fiscal control over all tasks, and helps task managers maintain control of schedule, budget, and expenses. Each project's work plan and specific details are entered into MIS, including expenses and labor —the system can then provide an up-to-date status report on each project twice a month. This monitoring capability helps project managers evaluate a project's workload requirements and develop effort estimates for each member of the team (and our entire firm). Additionally, Kimley-Horn utilizes daily electronic timesheets. This practice allows us to accurately track and bill our time; allows project managers the ability to check progress daily; and maintains compliance with federal auditing requirements set by Defense Contract Audit Agency (DCAA). City of Palm Springs I TROC96013.19 27 Kimley 0 Horn Earned Value: As part of the MIS system, Kimley-Horn has a'Cost to Complete' tool which is updated monthly to allow contract and project managers the ability to monitor earned value against project budget. Project managers are required to fill in their expected "Cost to Complete" on a mid -month basis, which provides an additional milestone for monitoring actual versus predicted expenditures. • Schedule Monitoring: Our team utilizes a variety of tools to manage schedule adherence, as dictated by the requirements of each project. The various scheduling tools utilized by our team include Primavera and Microsoft Project, and provide our project managers effective tools for internally managing the project, allowing up-to-date project schedule information to be available to the County as requested. • Risk Management: At Kimley-Horn, we take steps to anticipate, understand, and have a plan to successfully manage project risks, which has been a key to our team's success. We employ a similar strategy to the Caltrans Project Risk Management Plan on our projects. • Effective Communication: Communication between our design team and the City is critical to thoroughly understanding your vision and implementing the innovative and cost-effective solutions that our team is known for. Effective communication begins with the Kimley-Horn team listening to the City of Palm Spring's ideas, concerns, and goals. Making certain that our team and your staff are on the same page throughout the course of the project will help avoid or mitigate potential problems or issues that may arise. In our experience, successful techniques include monthly progress development team meetings (PDT) and bi-weekly progress reports, regular conference calls to keep you abreast of critical issues, and ongoing electronic communications among all members of the project team, including e-mail and an internet ftp site dedicated to the project. • Responsive and Cost -Effective Solutions: Responsiveness is providing the client with information on short notice. It's promptly returning phone calls. It's meeting the client's needs. And it's where Kimley-Hom excels. We put our client's needs first. When you call, we will be there. We strongly believe that Kimley-Horn's continuing success rests on the strengths of its day-to-day management, vision for the firm, emphasis on quality, and responsiveness to you, our client. We have worked with multiple public agencies on their capital improvement projects, so we understand the importance of providing cost-effective solutions in the early stages of design. BA Kimley-Horn is providing engineering design services as a subconsultant for the replacement of North 1 st Avenue Bridge Overhead, a 1,160-foot-long bridge over the BNSF railroad classification yard in the City of Barstow, a desert environment. This project includes preparation of engineering design, bridge advance planning studies, environmental document, drainage analysis, traffic management plan, water quality studies, utility relocation coordination, right -of way acquisition, and value analysis study. Throughout the entire process Kimley-Horn exceeded the client's expectations and responded to the City's specific needs. In the planning phase of the project, while vetting alignment alternatives, special considerations were made to the concerns of the community. Preserving community landmarks and highlighting the railroad history was a priority for the City of Barstow. Kimley-Horn aligned the road to avoid conflict with the Railroad Museum and one of the original Del Taco locations. To highlight the expansive railyard a scenic overlook was added to the bridge and a train mural was added to a large retaining wall. Kimley-Horn aided the City of Barstow in conveying these plans to the community by going to public meetings, preparing exhibits, and answering public questions. During the design of this project there were many constraints that required Kimley-Horn to be creative in our solutions. For example the downstream drainage system outside the project limits was undersized which meant we needed to plan for our drainage system backing up during a large rain event. We designed a redundant drainage system that would take excess water to a basin with a drywell so that the excess water would not pond in the street. Bioswales were removed from the initial drainage design because plants do not grow in the desert environment like Barstow. Sand buildup was also considered when designing the drainage systems. Kimley )� Horn 28 TROC96013.191 City of Palm Springs )�-� rya 3. -- ✓•`� ° _ i ' lr. 1" rP e Stage construction was critical as the existing bridge was significant to the communities circulation and could not be shut down. To insure this we realigned the road so that the new bridge could be constructed while the existing bridge was still functional. A massive retaining wall ended up being a challenge because it had both cut and fill in the desert environment. This was due to existing building foundations cut into an existing rocky hillside where the proposed wall was located. For ease of construction one soil nail wall was chosen vs having multiple types of walls where the groundline varied from cut to fill to cut and so on. The soil nail choice also helped reduce the amount of excavation needed to construct the wall along the rock hillside compared to a typical cantilever wall with a footing. Because this project is funded through Highway Bridge Program (HBP), it is being processed through Caltrans District 8 Local Assistance and Structures Local Assistance. B.5 Our planners and engineers are prepared for any challenge that may arise. Even the simplest of plans may encounter unexpected conditions or challenges —we will exhaust all options and think creatively to discover innovative and cost-effective solutions. Our proposed team includes planners, engineers, and environmental scientists with a wide variety of skillsets in order to overcome any challenge that may present itself. In addition, we have the resources of a national, full -service engineering and planning firm to provide a breadth of expertise capable of addressing any technical issues. Our experience has shown that there really is no such thing as "over -communication" between the client and the design team. We are committed to consistently communicating with the City's point of contact to address any concerns or issues early on and identify the necessary steps to remedy those issues. Jean Fares, P.E., will be responsible for overseeing the team's work products and processes. This includes review of all reports, plans, concepts, and analyses to identify any challenges or elements for improvement. Jean take pride in his responsiveness and dedication to meeting his clients' needs. City of Palm Springs 17ROC96013.19 29 Kimley o Horn this page intentionally left blank sil(SOQ 15-191Ar r REFERENCES AND EXPERIENCE WITH PROJECTS OF SIMILAR SIZE AND SCOPE CA Our clients know that with Kimley-Horn they experience better. They consistently tell us we deliver remarkable results and we're great people to work with — and we live for that. We are proud of our working relationships with our clients and much of our success over the last 52 years is directly related to our efforts to provide consistent, high quality, and timely services. As trusted advisors, our firm works diligently on behalf of our clients' needs. Although we are known as a traffic engineering firm, both locally and nationally, we have been providing a wide -range of civil engineering and roadway services to local cities and municipalities on projects just like this. We are more than just traffic engineering, and our clients agree. We have included references for some of the local cities we have recently completed projects with below. We encourage you to contact them regarding our team's work history and quality of service. r I'm an old-timer, it takes a long time to get my trust. I have never had a problem with Kimley-Horn; Jean is especially great. I'd hire Kimley-Horn again in a hot minute. —Allyn Waggle, Coachella Valley, Assn. of Governments (retired) Kimley-Horn has always completed work on time with quality products. I highly recommend Jean and Kimley-Horn. — Ken Johnson, Traffic Engineer — City of Burbank; 818 238.3965 71 Their work has always been completed and provided in the utmost professional manner within budget and schedule. The City of Downey has been very satisfied with Kimley-florn's responsiveness and would not hesitate to hire this firm again. — Edwin Norris, Deputy Director of Public Works — City of Downey; 562.904.7110 "I have had the chance to work with Kimley Horn now for the past year, and they are excellent in regards to customer ser- vice. Responsiveness, professional, adaptive, versatile, client -ori- ented, quality AND quantity, and practical are all things that come to mind when I reflect on my experiences with the Woodland Hills office of Kimley Horn. Simply a great group of people from top to bottom. I hope to continue our contract for years to come. " — Ramiro Adeva, City Engineer — City of Agoura Hills; 818.597.7337 Jean truly provides the combination of a hands-on approach, attention to detail, and client service needed to deliver a successful project. I would highly recommend Kimley-Horn, and specifically Jean Fares, for future traffic engineering projects. — Andrew Maximous, P.E., T.E., Principal Traffic Engineer — City of Santa Monica; 310.458.4982 City of Palm Springs I TROC96013.19 31 Kimiey>>> Horn q �g i r -illf Challenges and Solutions Kimley-Horn tailors our approach to the City's scope of work, the project's needs, and the Co's expectations. From the beginning, we gain a thorough understanding of the City's objectives and review available information. We also visit the project site to understand issues and constraints. This enables us to develop a detailed scope of work that serves as a roadmap to successful project completion, tt also minimizes the potential for unnecessary engineering and costly change orders. Typical Design Considerations Our experience executing on -call design tasks has resulted in our team's development of typical design considerations to help meet project goals and assure success. These design considerations will vary according to the specifics of the assigned task, but generally include the following: • Minimize impacts to businesses and residents • Maintain access and traffic flow during construction • Coordinate construction with nearby schools, hospitals, fire authority, and other services (garbage collection, etc.) or Identify and coordinate with affected utility companies early on or Identify and mitigate ADA deficiencies • Control project costs early in the process • Review existing roadway and traffic standards for potential upgrades or corrections Timely Execution In completing our scope of work, we will focus on the timely execution of our duties and follow the project from conception through construction. We will accomplish this through effective communication and use of our available and experienced staff. Our Project Manager, Jean Fares, T.E., will inform City staff of work status on a weekly basis through phone conversations, e-mail dialogue, formal project status reports, and regularly scheduled meetings. Our proposed staff were carefully selected for their experience and proven ability to work as a team. They are committed as the primary contributors to the work. If additional staff is needed to meet an aggressive deadline or assist in solving a specialized technical issue, we are prepared with more than ample resources in California and firmwide. Effective Communication Communication between our design team and the City is critical to thoroughly understanding your vision and implementing the innovative and cost-effective solutions that our team is known for. Our previous experience has taught us adherence to demanding schedules and the importance of communication. Effective communication begins with listening to your ideas about, concerns regarding, and goals for each project. Making certain that our team and your staff are on the same page throughout the course of the project will help avoid or mitigate potential problems or issues that might arise. Kimley-Horn's Southern California On -Call Experience Caltrans On -Call Contracts District 7 • District B • District 11 • District 12 City On -Call Contracts (0) • City of Agoura Hills • City of Anaheim • City of Barstow • City of Burbank • City of Carlsbad • City of Chino • City of Corona • City of Covina City of Culver City • City of Downey • City of El Centro • City of Chula • Vista City of Fontana • City of Glendale • City of Hermosa Beach City of Huntington Beach • City of Industry • City of La Mesa • City of lake Elsinore • City of Lancaster • City of Lemon Grove • City of Lang Beach • Clty of Los Angeles • City of Malibu • City of Mission Viejo • City of Moreno Valley • City of Murrieta • City of National CM • City of Oceanside City of Pasadena • City of Nlmdale • City of Pomona • City of Poway • City of Rosemead • City of Thousand Oaks • City of San Clemente City of San Diego • City of San Marcos • City of Santa Ana • City of Santa Clarita • City of West Covina • Imperial County • Los Angeles County Metropolitan Transportation System (NITS) • North CountyTransit District (NCTD) • Orange County Transportation Authority (OGTA) Part of Long Beach • Riverside County • San Diego Association of Governments (SANDAG) • San Diego County • San Diego Unified Port District Santa Barbara County Association of Governments (SBCAG) • Orange County . On Pre -Qualified List City of Brentwood 1 City of San Diego City of Covina •• Port of San Diego City of Cypress •• •or f� •• •re�..�, Caltrans 0 i,hic17 •• • • •�( [altrans Cwrdy OrHCall District 12 • •fr �Lr City of Poway City of El Segundo City of La Mesa City of Irvine City of Santa Ana City of Lake Forest City of Lemon Grove City of Long Beads City of Chula Vista City of Moreno Valley City of National City City of Newport Beach City of Anaheim ROTC Goods Movement Kimley>)Morn 32 TROC96013.191 City of Palm Springs On -Call Traffic Engineering Services, Glendale ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ On -Call Traffic Engineering Services, Downey ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ On -Call Traffic Engineering Services, Pasadena ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ As -Needed Traffic Design Services for Various County ✓ ✓ ✓ ✓ ✓ Projects, Los Angeles County On -Call Traffic/Civil Engineering, City of Industry ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ On -Call Traffic Engineering and Traffic Plan Check ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Services, Anaheim OCTA On -Call Traffic Engineering Services, ✓ ✓ ✓ Orange County On -Call General Engineering Services, Agoura Hills ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ On -Call General Engineering Services, Santa Clarita ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ On -Call Traffic and Civil Engineering Services, Malibu ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ As -Needed Engineering Services, Covina ✓ ✓ ✓ ✓ ✓ On -Call Traffic Engineering Services, Diamond Bar ✓ ✓ ✓ ✓ ✓ On -Call Engineering Services, Pomona ✓ ✓ ✓ On -Call Traffic Engineering Services, Thousand Oaks ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ On -Call Traffic and Transportation Services, Corona ✓ ✓ ✓ On -Call Engineering Services, South El Monte ✓ ✓ ✓ On -Call Traffic Engineering Services, Glendale ✓ ✓ ✓ ✓ ✓ ✓ ✓ Representative Projects The following projects highlight just some of Kimley-Horn's recent experience providing traffic engineering and analysis services to local agencies in the Los Angeles area, as well as throughout Southern California, including ongoing on -call contracts. We encourage you to contact our references with regard to our performance, responsiveness, and capabilities. Design of Traffic Signal Interconnect Improvements (City Projects 13-305-014 and 13-308-075), Rancho Mirage, CA Kimley-Horn is supporting the City of Rancho Mirage to improve traffic operations for 40 intersections along Highway 111, Bob Hope Drive, Country Club Drive, Dinah Shore Drive, and Monterey Avenue. Kimley-Horn is designing plans to upgrade the traffic signal interconnect network and controller cabinet equipment which will enable the City to meet its goals of real-time traffic monitoring management. Kimley- Horn is also supporting the City of Rancho Mirage by implementing new traffic signal timing plans to improve traffic operations and safety throughout the day. The City of Rancho Mirage employs a complex timing system on the project corridors, with different timing plans throughout the day and along each corridor. To meet the City's goal of real-time traffic monitoring and performance measurement, Kimley-Horn will design for and implement CCTV at various intersections. City of Palm Springs I TROC96013.19 33 Kimley o Horn Y r° Contact: Bill Enos, City Engineer, City of Rancho Mirage, 760.324.4511 Project Budget: $285,931 I-70 Bypass PMED, Riverside, CA Kimley-Horn was selected by the Riverside County Transportation Department (RCTD) to provide preliminary engineering and environmental services (PA&ED) for the 1-10 Bypass to connect Hathaway Street to the Morongo Trail, in the City of Banning and within the immediate vicinity of Morongo Band of Mission Indians lands. With Riverside County being one of the highest growth areas in the country, the cities of Banning and Beaumont and neighboring communities have significantly increased travel to attractions in Cabazon as well as the desert communities to the east. When combined with interstate truck traffic and other regional traffic, the single 1-10 corridor through this area is more frequently operating near- or over -capacity. As such, an 1-10 bypass presents tremendous opportunity to the local stakeholders and regional users of the 1-10 Freeway through the Banning Pass. Contact: John Marcinek, Project Manager, County of Riverside, 951.955.3727 Project Budget: $2,845,077 Western Riverside County Council of Governments (WRCOG) 2016 On -Call, Riverside, CA Kimley-Horn is working with WRCOG to provide as -needed on -call services. Kimley-Horn has been responsible for overseeing various task assignments supporting the Transportation Uniform Mitigation Fee (TUMF) Program. These tasks include writing a TUMF Reimbursement Manual, provided technical training to WRCOG staff, and provided an Implementation Plan for Bundy Canyon Road, a $30M major roadway corridor project. This has enabled Kimley-Horn to become familiar with TUMF funding guidelines, eligible reimbursement items, and strategies to reduce overall project cost and seek additional funding sources. Contact: WRCOG, 951.405.6700 1-10/Sunset Grade Separation, Riverside County, CA Kimley-Horn prepared the final design (PS&E) package for the proposed UPRR railroad grade separation project near 1-10/Sunset Avenue interchange in the City of Banning. The project required extensive coordination with the UPRR, CPUC, the City, the County, and Caltrans. Kimley- Horn provided coordination services with the UPRR for the design and proposed construction activities within the right-of- way including the construction phasing plans for track work, signal work, utilities, civil, and structural work. In addition, Prior to the final design phase, Kimley-Horn completed CEQA/NEPA documentation for the project. This project has stayed within budget to date. WRCOG Contact: Khalid Nasim, Project Development - Engineering Division Manager, County of Riverside, 951.922.3130 Project Budget: $133,488 Kimley>>> Horn 34 TROC96013.191 City of Palm Springs Jackson Street Traffic Signal Installation and Interconnect, Indio, CA Jackson Street is a four -lane arterial connecting the city center to the 1-10/Jackson Street interchange. The intersection of Jackson Street at Market Street/Dillon Avenue provides access to residential areas, local businesses, and the Department of Motor Vehicles (DMV). The DMV is a high traffic volume generator because it is one of only two in the Coachella Valley. The intersection is currently controlled by a four-way stop sign, and the City has performed a warrant analysis of the intersection indicating a signal is warranted. An existing gutter across the north side of Jackson Street causes disruption in the traffic flow because vehicles must pass over it slowly to avoid scraping. Kimley-Horn is designing a new traffic signal at the Jackson Street at Market Street/Dillon Avenue intersection and the associated communication network. The project also includes revising the profile across the gutter at Jackson Street, updating the signing and striping of the intersection, and preparing the studies for NEPA clearance required for projects with federal funding. Bid documents will be required for the final submittal. The goal of the project is to improve efficiency, mobility, and safety for the Jackson Street at Market Street/Dillon Avenue intersection to accommodate existing and future needs. The City is planning on developing a multi -use recreational and city services center including a fire station, police station, and a sports center in the northwest corner of the intersection. The proposed signal will improve the operations of the intersection. The change to the gutter profile will also help improve the safety of the intersection to allow vehicles to pass through the intersection without slowing down. Contact: Tom Brohard, Traffic Engineer, City of Indio, 760.391.4017 Project Budget $61,770 On -Call Civil Engineering Professional Services, San Bernardino, CA The County of San Bernardino Special Districts Department (County) has selected Kimley-Horn to provide and design professional services for on -call engineering services as periodically required by the County. Typical services will include preparation/reviews of feasibility studies, preparation of engineering reports for use in soliciting project funding, plan check and reviews, design and engineering of maintenance projects, minor design or review of designs from other contracted consultants for Capital Improvements Projects, advise operations staff on operational procedures as related to engineering, attend meetings on the County's behalf, represent the County on Engineering issues, verify or perform in -place rate modeling and conduct department assessment engineering functions. Contact: County of San Bernardino, Engineering Department, 888.818.8988 Project Budget TBD On -Call Traffic Engineering and Transportation Planning Review Services, Riverside County, CA Kimley-Horn performed traffic engineering and transportation planning review services on an as -needed basis. Assignments included review of site developments, providing traffic -related conditions of approval, technical review of striping plans, signal plans, and peer review of traffic impact studies, traffic signal design, roundabout design, and street light engineering services. Contact Khalid Nasim, Project Development - Engineering Division Manager, County of Riverside, 951.922.3130 Project Budget $581,905 CiW of Palm Springs I TROC96013.19 35 Kimiey>>> Horn On -Call Traffic Engineering Services, Glendale, CA As part of the ongoing on -call with the City of Glendale, Kimley-Horn performed travel run after studies for four major corridors within the City. The study included driving the four corridors during the relevant peak periods to determine the travel time following improvements, collecting updated peak hour vehicle volumes in the peak directions, and updating the Traffic Light Synchronization Program Number Calculation Worksheet with any data that has changed, including travel time, peak hour volumes, and fuel price. The study indicated all four study corridors showed travel time savings, thus creating annual delay savings. Additionally, using the current fuel price and vehicle miles of travel for both automobiles and trucks, total fuel consumption benefits in dollars were calculated which showed additional cost savings. Summing these benefits together gave the total benefits in dollars for each corridor. Based on the results, the study allowed the City to show that the projects on each corridor created improvement in overall travel time and overall cost savings. Contact: Sarkis Oganesyan, Principal Civil Engineer, 818.345.3945 Project Cost: $118,000 �.A On -Call Traffic Engineering Services, City of Downey, CA As part of Kimley-Horn's on -call traffic engineering contract with the City of Downey we have worked on a wide variety of tasks, including ITS design for the installation of fiber optic cabling and video detection on Paramount Boulevard from Telegraph Road to Gardendale Street. The length of this project is approximately five miles and includes 18 signalized intersections. We have also prepared the Citywide Engineering &Traffic Survey report updating speed limits for the City and conducted an ITS study to upgrade the City's Traffic Management Center. Contact: Ed Norris, Deputy Public Works Director, 562.904.7246 Project Cost; $234,000 As -Needed Traffic Design Services for Various County Projects, Los Angeles County, CA Kimley-Horn provides on -call traffic engineering and plan checking services for the County of Los Angeles, including as -needed traffic operations analysis and services. Among our projects with the County is a Traffic Signal Synchronization Project (TSSP) along Woodruff Avenue. Design includes the upgrade of traffic signal controllers and design of traffic signal modifications to meet current standards at 20 signals along the Woodruff Avenue corridor. We also provided the detailed field review of the existing infrastructure and development of base plans and utility plans per Los Angeles County standards, signing and striping plans, detailed curb ramp design for ADA-compliant access, and development of as -built plans. This project includes coordination between several jurisdictions and the County of Los Angeles to complete design. Contact: Jane White, Program Manager, 626.300.2020 Project Cost: $273,450 Kimley O Horn 36 TROC96013.191 City of Palm Springs tSOQ 15-1 On -Call General Engineering Services, City of Santa Clarita, CA Kimley-Horn provides civil and traffic engineering services on an as -needed basis to the City of Santa Clarita. Assignments have included review of site developments, intersection design, preparation of signal timing plans and signal coordination plans, technical review of development plans and signal plans, as well as preparation of traffic impact studies, traffic signal design, bike lane design, and other engineering services. Contact: Cesar Romo, Traffic Signal Administrator, 661.286.4002 Project Cost $325,000 On -Call General Engineering Services, City of Agoura Kimley-Horn provides on -call traffic engineering and plan checking services for the City of Agoura Hills for as -needed traffic operations analysis and services. Among the projects Kimley-Horn has undertaken for the City under this on -call contract is the completion of PS&E for the installation of a fiber optic traffic signal and video detection communication system. This project involved the interconnect of approximately 20 signalized intersections, and installation of video detection. Also included in this project was the development of citywide traffic signal timing plans for the coordination of a network of 20 signals using Synchro software. The project also included travel time studies, implementing timing plans, fine- tuning of timings, and preparing the final report. Also as part of the on -call contract, Kimley-Horn successfully completed a citywide engineering and traffic survey at 25 locations on nine arterials and collector streets. The project included collection of radar speed surrey and Average Daily Traffic (ADT) data at 25 locations and review of existing accident rate summary data to recommend new posted speed limits. Hills, CA Contact Ramiro Adeva III, City Engineer, 818.597.7353 Project Cost: $1,040,224 On -Call Traffic Engineering Services, Pasadena, CA Kimley-Horn was selected to perform on -call traffic engineering and analysis services throughout the City of Pasadena. Services involved under this project have included traffic planning and impact studies, traffic and transit operation studies, capacity and level -of -service analyses, comprehensive parking studies, analyses of conceptual plan designs, and traffic control plans for construction staging. Contact Joaquin Siques, Traffic Engineer, 626.744.6900 Project Cost: $50,000 On -Call Traffic and Civil Engineering Services, City of Industry, CA Kimley-Horn has provided on -call traffic and civil engineering services to the City of Industry since 2005. Since initiation, we have been issued more than 50 tasks, focused primarily on improving the transportation system within the City. Tasks entail developing geometric alternatives for major intersection modifications; evaluating access points and presenting various alternatives for modifications at the Puente Hills Mall; attending project meetings on behalf of the City; intersection capacity analysis using Synchro software; and traffic impact analysis, sight distance evaluation, traffic handling design, traffic signal design, signing and striping design, street lighting analysis and design, speed surveys, and peer and plan check reviews. Our on -call work is conducted with the City Department of Public Works. Contact Joshua Nelson, Regional Vice President/Senior Project Manager, 626.956.8288 Project Cost: $250,000 City of Palm Springs I TROC96013.19 37 Kimlep Horn T On -Call Traffic Engineering and Traffic Plan Check Services, City of Anaheim, CA Kimley-Horn provides on -call traffic engineering and plan checking services for the City of Anaheim. Traffic engineering tasks entail conducting traffic analysis for capacity enhancements or reductions, traffic studies, traffic signal design, ITS design, traffic signal timing, signal coordination studies, and curb ramp design. Traffic Plan Check tasks entail reviewing traffic design plans, such as traffic signal, signing and striping, traffic control plans, review of traffic studies for developments, assisting City staff with traffic circulation and access reviews for developments in the CUP, General Plan Amendment, or Reclassification process, Our on -call work is conducted with the Traffic and Transportation Division of the City's Public Works Department. Contact: David Kennedy, Associate Transportation Planner, 714.765,5180 Project Cost $183,927 On -Call Traffic Engineering Services, Orange County Orange County, CA Kimley-Horn has been providing services to OCTA through an on -call traffic engineering services contract since 2008. The program involves Traffic Signal Synchronization Program (TSSP) implementation throughout Orange County and includes multijurisdictional signal timing services to improve travel times and reduce delay. Under this on -call we have been involved in following projects: • Lake Forest Drive TSSP (10 Signalized Intersections) • Brookhurst Street TLSP (61 Signalized Intersections) • Chapman Avenue TSSP (55 Traffic Signals) • Newport Avenue North TSSP (24 Traffic Signals) • Crown Valley Parkway TSSP (20 Signalized Intersections) Contact: Ron Keith, Project Manager, 714.560.6282 Project Cost: $2,625,000 Transportation Authority, City of La Quinta, Engineering Services for the Preparation of a Systemic Safety Analysis Report (SSAR) The City of La Quinta selected Kimley-Hom to provide engineering services to prepare an SSARP, including 10 major corridors, 15 major intersections, and the development and prioritization of traffic safety countermeasures. Within the City limits between 2007 and 2016 there were 910 crashes. Most of the data will come from SWITRS and support from the La Quinta Police Department collision records. The report will focus on addressing safety concerns mainly for vehicular patterns with some construction for pedestrians and bicycles; between 2007 and 2016 there were 17 crashes involving a vehicle and a bicycle or pedestrian. The goal will be to provide the City with an overall understanding of available traffic data and safety analysis to identify areas with a high risk for crashes that will allow the City to plan for future safety improvements for the immediate, mid -range, and long-term. This document will trigger projects that will be well defined for future HSIP grant cycles. Contact: Bryann McKinney, P.E., Principal Engineer, 760.777.7000 Project Cost: $139,942 Kimley>>i Horn 38 TROC96013.191 City of Palm Springs M."', Pi- (30Q.15-191 On -Call Traffic Engineering Services, City of Malibu, CA Kimley-Horn has provided on -call traffic engineering services to the City of Malibu since 2012. Services under this contract have included conducting engineering and traffic surveys; performing review of traffic control plans, traffic impact analysis reports, and safety studies; parking studies; feasibility/conceptual studies and reports and recommendations for preliminary, final and construction design studies; preparation of construction plans, specifications and estimates; research of utilities and other records; collecting and analyzing traffic data; and participating in meetings with City staff associated with various development and improvement projects. As part of this contract, Kimley-Horn was awarded a project in 2014 to update the Engineering and Traffic Survey for the City Streets, previously completed in 2007. The study included ADT data collection and radar speed surveys at 40 locations within the City, as well as the review and analysis of collisions at key locations. The study helped the City verify, increase, or decrease the existing speed limits within Malibu based on the data and results of this survey. Contact: Rob Duboux, Assistant Public Works Director, 818.226.6575 Project Cost: $235,000 As -Needed Engineering Services, Covina, CA Kimley-Horn has provided engineering services to the City of Covina on an as -needed basis from 2014-2016.Our staff performed review of traffic studies, study scopes, collected traffic related data, conducted field visits, and assisted City staff with the preparation of a grant application for the Metro Transit Oriented Development program to secure funding for the Town Center Specific Plan Update. In addition, we also conducted an intersection evaluation for Workman Avenue and Hollenbeck Avenue, prepared traffic impact analysis guidelines for regulating the developmental growth in the City, and completed traffic signal plan reviews for several intersections for submission to LADOT. We were eventually awarded a contract to complete intersection design installing left -turn lanes at north and south approaches to the Workman Avenue and Hollenbeck Avenue intersection. We supported the Public Works Department by advancing projects associated with various developments and improvements throughout the City. Contact: Alex Gonzales, City of Covina Project Cost: $76,200 On -Call Traffic Engineering Services, Diamond Bar, CA Kimley-Horn was recently selected for providing On -Call Traffic Engineering services by the City of Diamond Bar based on our performance on the Adaptive Traffic Control Systems Design and Implementation project which is the first citywide adaptive control system deployment in the state of California. As part of the on -call traffic engineering services support, we provide a review of parking studies, traffic control plans, developmental review, traffic signal timing improvements. TMC support, and communication systems support to the City staff. Contact: Braden Yu, Interim Public Works and Utilities Director, 626.580.8833 Project Cost: $1,700,000 City of Palm Springs I TROC96013.19 39 Kimley »> Horn On -Call Engineering Services, Pomona, CA Kimley-Horn was selected through our on -call agreement with the City to provide street rehabilitation services for various streets within the City of Pomona. The general scope of work was to evaluate the suitable pavement rehabilitation methodologies and select the methods that were most suitable for the City's budget. This project also included isolated concrete improvements including, sidewalk, curb and gutter, cross gutters, curb ramps, bus pads, and medians. Contact: Reza Zolghadr, Project Manager, 909.620.2261 Project Cost: $124,979 On -Call Traffic Engineering Services, Thousand Oaks, CA Kimley-Horn provides on -call traffic engineering services for the City of Thousand Oaks, including the preparation and peer review of Traffic Impact Studies and Parking Reports. We have also worked with City staff on bicycle lane feasibility projects and traffic signal design projects. Contact: Kathy Naoum, Transportation Planner/City Bicycle Coordinator, 805.449.2416 Project Cost: $43,685 On -Call Traffic and Transportation Services, Corona, CA Kimley-Horn was selected by the City of Corona to provide as -needed transportation planning, traffic engineering, and municipal engineering consulting services. Services included the development of updated signal timing recommendations for Magnolia Avenue through the 1-15 Interchange and supporting the City staff in reviewing and responding to the analysis and recommendations for the Riverside County -Orange County Major Investment Study. Kimley>» Horn 40 TROC96013.191 City of Palm Springs Arde .il�la+rrrL °f,(L�aw1�°� Lr ' r. LOCAL EXPERTISE DEMONSTRATED ON THE TEAM D.I Business License CITY OF INDIAN WELLS Ttielperson. firm or corporation nafned below is granted this certificate pursuant to the provisions of the City Business Tax Ordinance Issuance of certificate is not art endorsemen nor certification of compliance with other ordinances or taws, nor an assurance that the proposed use is in comformarst a with the City zoning regulations T is certificate is issued without verification that the taxpayer is subject to or exempt from licensing by the State of California. Business Name: KIMLEY-HORN AND ASSOCIATES. INC. Business Location: 45-025 MANITOU DRIVE, SUITE 1'1 KIMLEY-HORN AND ASSOCIATES, INC. 421 FAYETTEVILLE ST. SUITE 600 RALEIGH, NC 27601 TO BE "CED IN A CONSPICUOUS PLACE Business Type: 129 Description: Engineering Business License Number. CE-3766 Effective Date: May 22, 2019 Expiration Date: De6rnber3l, 2019 By. A.�'} City Manager or Designee NON -TRANSFERABLE Each of the staff members listed in Section A.4 have local experience working throughout Riverside County. City of Palm Springs I TROC96013.19 41 Kimley>» Horn this page intentionally left blank ATTACHMENT "A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope #1)* REQUESTS FOR STATEMENTS OF QUALIFICATIONS (SOQ) #15-19 ON -CALL TRAFFIC ENGINEERING SERVICES SIGNATURE AUTHORIZATION NAME OF COMPANY(PROPOSER): Kimley-Horn and Associates, Inc. BUSINESS ADDRESS: 45-25 Manitou Drive, Suite 11, Indian Wells, CA 92210 TELEPHONE: 760-565-5103 CELL PHONE 818-970-2048 FAX N/A CONTACTPERSON Jean Fares EMAIL ADDRESS iean.faresAkimley-hom.com A. I hereby certify that I have the authority to submit this Submittal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my submittal. Jean B. Fares, P.E., Sr. Vice President PRINTED NAME AND TITLE qI/t 4. SIGNATURL AND DATE B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: If successful, the contract language should refer to me/my company as: An individual; A partnership, Partners' names: A company; X A corporation If a corporation, organized in the state of: NC 2. My tax identification number is: 56-0885615 Please check below IF your firm qualifies as a Local Business as defined in the SOQ: X A Local Business (licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this SOQ is required by including the acknowledgment with your submittal. Failure to acknowledge the Addenda issued may result in your submittal being deemed non -responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s) # 1 Dated 6/5/2019 is/are hereby acknowledged. Page 14 of 48 Business License CITY OF INDIAN WELLS The person, firm or corporation named below is granted this certificate pursuant to the provisions of the City Business Tax Ordinance. Issuance of certificate is not an endorsement, nor certification of compliance with other ordinances or laws, nor an assurance that the proposed use is in comformance with the city zoning regulations. This certificate is issued without verification that the taxpayer is subject to or exempt from licensing by the State of California. Business Name: KIMLEY-HORN AND ASSOCIATES, INC. Business Location: 45-025 MANITOU DRIVE, SUITE 11 KIMLEY-HORN AND ASSOCIATES, INC. 421 FAYETTEVILLE ST, SUITE 600 RALEIGH, NC 27601 TO BE PLACED IN A CONSPICUOUS PLACE Business Type: 129 Description: Engineering Business License Number. CE-3766 Effective Date: May 22, 2019 Expiration Date: December 31, 2019 City Manager or Designee NON -TRANSFERABLE ATTACHMENT "B" *THIS FORM MUST BE COMPLETED AND NOTARIZED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope #1)* NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH SUBMITTAL STATE OF CALIFORNIA) ss COUNTY OF RIVERSIDE) The undersigned, being first duly sworn, deposes and says that he or she is Vice President of Kimley-Horn and Associates. 1nc., the party making the foregoing Submittal. That the Submittal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Submittal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Submittal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Submittal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Submittal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Submittal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Submittal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Submittal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Submittal depositor or any of member or agent thereof to effectuate a collusive or sham Submittal. rren Adrian, P.E. Title: Vice President Subscribed and sworn to before me this 10_�k day of J "C . 2019. S[e a1r,�,�te a� h ►2td Ct)&-� C4,+t Page 15 of 48 CALIFORNIA dURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of brx!!# 13 EMMA SORTO V COMM. # 2140476 (7 . NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY 0 COMM. EXPIRES JAN. 21, 2020 j Subscribed and sworn to (or affirmed) before me on this 10* day of J"t , 20iI . by Date Month Year (1) DArrI:Vl (and (2) ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person( who appeared before me. Signature C 2w7i-f. Signature of Notary Public Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Non —Wks►', Document Date: Number of Pages: I Signer(s) Other Than Named Above: N 11A ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 ATTACHMENT "C" COST/RATES SUBMITTAL *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST/RATES SUBMITTAL (Envelope #2)* *If necessary, you may attach additional sheets. STATEMENT OF QUALIFICATIONS (SOQ #15-19) ON -CALL TRAFFIC ENGINEERING SERVICES Responding to Statement of Qualifications SOQ 15-19 for providing on -call Traffic Engineering Services, IME the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: PRIME CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: Analyst $ $103-$158 Professional $ $160-$200 Professional11 $ $203-$235 Sr. Professional 1 $ $239-$307 Sr. Professional II $ $308-$355 Project Support $ $72-$117 Sr. Project Support $ $131-$182 SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSES: Page 16 of 48 Cost/Rate: Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). OTHER EXPENSES: Cost/Rate: Other Direct Costs: Outside Printing/Reproduction, Delivery Services/USPS, Misc. Field Equipment/Supplies, Travel Expenses, and Subconsultant Costs will be billed at actual rate + 5%. Mileage will be billed at the current Federal Rate PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. NOTE: This page MUST be manually signed. Certified by: Kimle -Horn and Associates, Inc. Firm Name z a'^ 4 SignafuP6 of Authorized Person Jean B. Fares, P.E. Printed Name Sr. Vice President Title June 11, 2019 Date Page 17 of 48 PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. NOTE: This page MUST be manually signed. Certified by: Kimle -Horn and Associates, Inc. Firm Name z a'^ 4 SignafuP6 of Authorized Person Jean B. Fares, P.E. Printed Name Sr. Vice President Title June 11, 2019 Date Page 17 of 48 ATTACHMENT "D" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope #1)* CITY OF PALM SPRINGS, CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. NAME OF CONSULTANTNENDOR: Kimley-Horn and Associates, Inc. NAME and TITLE of Authorized Representative: (Print) Jean Fares, P.E., Sr. Vice President Signature and Date of Authorized Representative: (Sign) 44A 4 (Date) June 11, 2019 Page 18 of 48 ATTACHMENT "E° *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope #1)* VALM C �Q Cc; PUBLIC INTEGRITY DISCLOSURE N APPLICANT DISCLOSURE FORM + 1/F0RNP 1. Name of Entity Kimley-Horn and Associates, Inc. 2. Address of Entity (Principle Place of Business) 421 Fayetteville Street, Suite 600, Raleigh NC 27601 3. Local or California Address (if different than #2) 45-25 Manitou Drive, Suite 11, Indian Wells CA 92210 4. State where Entity is Registered with Secretary of State State of California If other than California, is the Entity also registered in California? Yes No 5. Type of Entity ❑X Corporation ❑ Limited Liability Company ❑ Partnership ❑ Trust ❑ Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: if any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Steven E. Lefton ® Officer ® Director ❑ Member ❑ Manager [name] ❑ General Partner ❑ Limited Partner ® Other CEO, President John C. Atz ❑ Officer ❑ Director ❑ Member ❑ Manager [name] ❑ General Partner ❑ Limited Partner ❑ Other Chairman Richard N. Cook ❑ Officer ❑ Director ❑ Member ❑ Manager [name] General Partner F1 Limited Partner Page 21 of 48 0 Other Sr. Vice President, Secretary 7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE JANE DOE 5016, ABC COMPANY, Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] A. Associates Group Services, Inc. 100%, Kimley-Horn and Associates, Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] B. 100%, Associates Group Services, Inc. APHC, Inc. APHC, Inc. has no owners/investors with 5% beneficial interest. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] D. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] E. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Disclosing Party, Printed Name, Title Date 167 R4A Jean B. Fares, P.E., Sr. Vice President June 11, 2019 Page 22 of 48 CITY OF PALM SPRINGS, CA STATEMENTS OF QUALIFICATIONS (SOQ) 15-19 ON -CALL TRAFFIC ENGINEERING SERVICES ADDENDUM NO. 1 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: Q 1: Is the City requiring the Engineer be certified as a Traffic Engineer? A 1: The City does not require that the Project Manager be a Traffic Engineer, however, the scope of work includes items that require a properly licensed (and registered with the State of California) Traffic Engineer to complete or approve. It is up to the firm to assemble your project team and how you will provide those required services. You should describe this in your response to Criteria Sections A4 and A5 of the SOQ. Q 2: The City's Notice Inviting Statements of Qualifications indicates the need for general engineering services in the scope of work, but then indicates the need for engineering design services in the Submittal Contents sections. Would you please confirm whether engineering design services are the primary scope of the requested services? A 2: Please refer to the SOQ scope of work, design services are part of the desired services. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladders, C.P.M. Procurement & Contracting Manager DATE: June 5, 2019 ADDENDUM ACKNOWLEDGMENT Proposer Firm Name: Ki alley -Horn and Associates, Inc. Authorized Signature: / Ki/� �w 4' Date: June 11, 2019 Acknowledgment of Receipt of Addendum 1 is required by signing and including the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum may result in your submittal being deemed non -responsive. EXHIBIT "D" SCHEDULE OF COMPENSATION COST/RATES SUBMITTAL *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST/RATES SUBMITTAL (Envelope #2)* *If necessary, you may attach additional sheets. STATEMENT OF QUALIFICATIONS (SOQ #15-19) ON -CALL TRAFFIC ENGINEERING SERVICES Responding to Statement of Qualifications SOQ 15-19 for providing on -call Traffic Engineering Services, I/WE the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: Technical Support $ $95-$120 Analyst 1 $ $105-$130 Analyst I $130-$158 Professional I $160-$195 Professional II $195-$235 Sr. Professional I $235-$275 Sr. Professional II $275-$305 Sr. Professional III/Sr. Technical Support $ $305-$355 Project Support $72-$117 Sr. Project Support $131-$180 See Attachments M. Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). Page 16 of48 Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). Other Direct Costs: Outside Printing/Reproduction, Delivery Services/LISPS, Misc. Field Equipment/Supplies, Travel Expenses, and Subconsultant Costs will be billed at actual rate + 5%. Mileage will be billed at the current Federal Rate For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. Certified by: Kimley-Horn and Associates, Inc. Firm Name 1� SignafL06 of Authorized Person Jean B. Fares, P.E. Printed Name Sr. Vice President Title June 11, 2019 Date Page 17 of48 For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. Certified by: Kimley-Horn and Associates, Inc. Firm Name 1� SignafL06 of Authorized Person Jean B. Fares, P.E. Printed Name Sr. Vice President Title June 11, 2019 Date Page 17 of48 COST/RATES SUBMITTAL o1"fHIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST/RATES SUBMITTAL (Envelope #2)* *If necessary, you may attach additional sheets. STATEMENT OF QUALIFICATIONS (SOQ #16-19) ON -CALL TRAFFIC ENGINEERING SERVICES Responding to Statement of Qualifications SQQ 14-19 for providing on -call Civil Engineering Services, I/WEthe undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: S S S S S Survey Manager 187.00 Project Surveyor $ 167.00 Survey Analyst 144.00 Survey Technician 128.00 Two Man Survey Crew $ 294.00 One Man Survey Crew $ 192.00 Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contractifawardedi. IRS Mileage Reimbursement $ $0.58 per mile Pa(ae 16oP8 Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. Certified by: Guida Surveying Inc Firm Name erson Page 17 of48 COST/RATES SUBMITTAL 'THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST/RATES SUBMITTAL (Envelope #2)" "If necessary, you may attach additional sheets. STATEMENT OF QUALIFICATIONS (SQQ #15-19) ON -CALL TRAFFIC ENGINEERING SERVICES Responding to Statement of Qualifications SQQ 14-19 for providing on -call Civil Engineering Services, I/WE the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: Principal $ 221 Associate $ 203 Senior Staff Geoloaist/Enaineer 149 GIS Soecialist 126 CAD Operator 113 Proiect Administrator/Work Processor $ 72 $ Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). Page 16 of48 Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). Leighton's Drilling Subcontractor $ 3,600/day Leighton's Excavation Subcontractor $ 2,900/day Leighton's Traffic Control Subcontractor $ 2,000/dav Leiahton's Utilitv Location Subcontractor $ 2,000/day For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and theContractor. Certified by: Leighton Consul , Inc. =irm Name Signature of Authorized Person Printed Name President and CEO Title 6/10/2019 Date Page 17 of48 COST/RATES SUBMITTAL *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST/RATES SUBMITTAL (Envelope #2)* *If necessary, you may attach additional sheets. STATEMENT OF QUALIFICATIONS (SOQ #15-19) ON -CALL TRAFFIC ENGINEERING SERVICES Responding to Statement of Qualifications SOQ 1419 for providing on -call Civil Engineering Services, I/WE the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: S 8 S S S $ $ Project Manager 175 Principal Right of Way Agent 115 Project Coordinator $ 75 Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). Copies $ 0.15 ea Mileage $ 0.58/mile (or current IRS allowable) Page 16 of48 U �f Postage/Fedex $ Cost Real Estate Data Services $ Cost + 15% Telephone/Fax $ Cost Sub -consultants $ Cost + 15% $ Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). S S S S S S For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. Certified by: Paragon Partners Ltd. Firm Na Signature otAutnonzed Person Neilia LaValle Printed Name President & CEO Title 6/5/2019 Date Page 17 of48 EXHIBIT "E" SCHEDULE OF PERFORMANCE The services provided hereunder this Agreement shall occur on an as -needed "on -call" basis, pursuant to separate individual Task Orders or Purchase Orders. The City and Consultant shall agree on a schedule of performance for scopes of work on assigned projects. END OF EXHIBIT "E" Client#: 25" 'IMLHORN ACORDTM CERTIFIC ATE OF LIABILITY INSMANCE (MM/DD/ YYYY) 9DATE (MMIDD/ 116/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 NAME: .terry Noyola PHONE 770-552-4225 fAX 866-550-4082 A/C No ut : A/C, No E-MAIL eno ola re Iln ADDRESS: r ry y @g Y g•com Alpharetta, GA 30022 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: National Union Fire Ins. Co. 19445 INSURED INSURER B : Aspen American Insurance Company 43460 Kimley-Horn and Associates, Inc. 421 Fayetteville Street, Suite 600 INSURER C : N ew Hampshire Ins. CO. 23$41 S Of London INSURER D : Lloyds 0$5202 Raleigh, NC 27601 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 19-20 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUB INSR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDDI LIMITS A X COMMERCIAL GENERAL LIABILITY 5268169 4/01/2019 04/01/2020 EACH OCCURRENCE $1 OOO O00 CLAIMS -MADE � OCCUR PREMISES ERENTED nce $500 000 X MED EXP (Any one person) $25 OOO Contractual Liab- PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PR POLICY a JECOT In LOC PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY 4/01/2019 04/01/202 CMBI4489663 Eaacccld_eDtSINGLELIMIT $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED AUTOS ONLY X NON -OWNED AUTOS ONLY B UMBRELLA LIAB X OCCUR CX005FT19 4/01/2019 04/01/2020 EACH OCCURRENCE s5,000,000 X AGGREGATE $5 000 000 EXCESS LIAB CLAIMS -MADE DED I X RETENTION $0 $ C A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) N I A 015893685 (AOS) 015893686 (CA) 4/01/2019 4/01/2019 04/01/202 04/01/202 X PER OTH- ATITE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $1,000,000 D Professional Liab B0146LDUSA1904949 4/01/2019 04/01/2020 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: On -Call Traffic Engineering Services. The City of Palm Springs, its officials, employees and agents are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional (See Attached Descriptions) City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 2 .6 k' • © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DE,,,RIPTIONS (Continued from r age 1) liability are primary & non-contributory where required by written contract. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder. Waiver of Subrogation in favor of Additional Insured(s) where required by written contract & allowed by law. SAGITTA 25.3 (2016103) 2 of 2 IlS17R�5QR/M 1 RVAQ17 ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2019 forms a part of Policy No. 4489663 issued to K I MLEY-HORN AND ASSOCIATES, INC. by NAT I ONAL UNION FIRE INSURANCE COMPANY OF P I TTSBURGH , PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION TO WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT AS SUCH PERSON'S OR ORGANIZATIONS LIABILITY ARISING OUT OF USE OF A COVERED AUTO. 1. SECTION it - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. AUTHORIZED REPRESENTATIVE 87950 (9/14) Includes copyrio. ted information of Insurance Services Office, Inc., Page 1 of 1 with its permission. ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2019 forms a part of policy No.4489663 issued to K I MLEY-HORN AND ASSOCIATES, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident We will not ask any insurer that has issued other insurance to such additionalinsured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. Authorized Representative or Countersignature {in States Where Applicable) 74445 (10199) ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2019 forms a part of policy No. 4489663 issued to K I MLEY- HORN & ASSOCIATES, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee. a Q „— At7THORIZED kEPRESENTATIVE 62897 (6i95) POLICY NUMBER: 5268169 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU jPER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN i ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 0 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: 5268169 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations► Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. PER THE CONTRACT OR AGREEMENT, Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agree- ment, the insurance afforded to such addi- tional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2.. Available under the applicable Limits of Insu- rance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations. CG 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 13 POLICY NUMBER: 5268169 COMMERCIAL. GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Narned Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribu- tion from any other insurance available to the additional insured. CG 20 01 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER. 5268169 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sec- tion IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing opera- tions or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 @ Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 04/01 /2019 forms a part of Policy No. 015893686 Issued to KIMLEY-HORN AND ASSOCIATES, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium for this policy. WC 04 03 61 Countersigned by - - - - - - _ (Ed. 11190) Authorized Representative CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 3/18/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER NAMECT Jerry No ola Edgewood Partners Ins. Center/Greyling PNONE . 7702207699 FAXIAIC,No: 3780 Mansell Rd. Suite 370 Mass, Alpharetta GA 30022 Mass: r in certs rei .com INSURERS AFFORDING COVERAGE NAIL9 INSURER A: National Union Fire Ins Cc of Pittsburg19445 INSURED KIMLASS INSURER B: Allied World Assurance Co U.S. Inc. 19489 Kmley-Horn and Associates, Inc. 421 Fayetteville Street, Suite 600 INSURERc: New Hampshire Insurance Company 23841 Raleigh, NC 27601 INSURER D: Lloyd's Of London 85202 INSURERS: COVERAGES CERTIFICATE NUMBER: 1360871531 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF A L POLICY NUMBER POLICY EFF MM/DDIYYYY POUCYEXP MW� LIMITS A X COMMERCIALGENERALUABIUTY GL5268169 4/1/2024 4/1/2025 EACHOCCURRENCE $2,000,000 CLAIMS -MADE OCCUR PREMISES Ea ocwnence $1,000,000 X MED EXP M one Person) $25,000 Calbackal Use PERSONAL It ADV INJURY $2,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERi,LAGGREGATE $4,000,000 POUCYa jEcT [j�]LOC PRODUCTS-COMP/OPAGG $4,000,000 $ OTHER: A A AUTOMOBILE LIABILITY X MY AUTO CA4459683 ADS CA2970071 (MA)) 4/1/2024 4/12024 4112025 4/12025 COMBINEDSINGLE LIMIT Ea accident $2000000 BODILY INJURY (Per person) E OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Peremden0 E PROPERTY DAMAGE Per accident S X HIRED X NON OWNED AUTOS ONLY AUTOS ONLY B X UMSRELLAUAS X OCCUR 03127930 4/1/2024 41112025 EACHOCCURRENCE $S.D00,000 X AGGREGATE $6,000,000 EXCESS LAB CDUMS-MADE DED I X I RETENTIONS $ C C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNER/EXECUDVE OFFICEWMEMBEREXCWDED? N (Mandatory In NH) NIA WC015893685(AOS) WC015893686(CA) 4/1/2024 4/1/2024 4/1/2025 4/1/2025 X I PER DTH- STATUTE ER E.L. EACH ACCIDENT $ 2.000,000 E.L DISEASE EA EMPLOYEE $2.000,000 IF yes, describe under DESCRIPTION OF OPERATIONS below I I EL DISEASE POLICY LIMIT $2.000,000 D ProbssiwW Liability B0146LDUSA2404949 4/12024 4112025 Per Claim Aggregate $2.000.000 $2,000,000 DESCRtPT10N OF OPERATION51 LOCAMM I VEHICLES (ACORD 101, Additional Remarks Schedule, may be aMchecl 9 more space is m irad) Re: Demuth Park Development; Frank Hoffman. The City, its elected officials, officers, employees, agents & volunteers are named as Additional Insureds with respects to General Liability where required by written Contract. The above referenced liability policies With the exception of workers compensation and professional liability are primary & non-contributory where required by written Contract. Waiver of Subrogation in favor of Additional Insured(s) where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premiylWitYaorauld it to the Certificate Holder. CERTIFICATE HOLDER CANCELLATION OFFICE OF THE CITY C EMILD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Cittyy of Palm Springs 3200 E. Tahquitz Canyon Way AUTHORGEDREPRESENTATIVE Palm Springs CA 92262 /1 ^ i�A)" Apt � 4L4J, ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1Q, 3 v 11 30 i A l."IF u t �',Mi, POLICY NUMBER: 526-81-69 COMMERCIAL GENERAL LIABILITY CG20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 12 19 ® Insurance Services Office, Inc., 2018 Page 1 of 2 ❑ A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage, provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 ® Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: 526-81-69 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGERART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. '= BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added .to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 ® Insurance Services Office, Inc., 2018 Page 1 of 1 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is Issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 04/01/2024 forms a part of Policy No. WC 015-89-3686 Issued to KIMLEY- HORN AND ASSOCIATES, INC. By New Hampshire Insurance'Company We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium for this policy. WC040361 Countersigned by - - - - ---- --------- -- - - - -- -- — —- (Ed. 11/90) Authorized Representative