Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
24P181 - TJKM Transportation Consultants
CONTRACT ABSTRACT Agreement; Insurance Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: TJKM Transportation Consultants Nayan Amin, Principal-In-Charge On-Call Traffic Engineering Services NTE $5,000,000 Budgeted projects (various accounts) 3 years (with 2 one year options) Contract Administration Lead Department: Contract Administrator: Engineering Services Joel Montalvo/Francisco Jaime Contract Approvals Council Approval Date: Agreement Number: July 25, 2024, Item 1F 24P181 Contract Compliance Exhibits: Signatures: Insurance: Bonds: Attached Attached Attached N/A Contract prepared by: Engineering Services Submitted on: 08/05/2024 By: Vonda Teed Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT 24P181 ON-CALL TRAFFIC ENGINEERING SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this 12th day of August, 2024, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as “City”) and TJKM Transportation Consultants, (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 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”). The Services shall be more particularly described in the individual Task Order issued by the City. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated herein and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. 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 (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”); (5) Fee Schedule; and (5) the Task Order (as defined herein) (collectively referred to as the “Contract Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D Documents”). The City’s Request for Proposals and the Consultant’s Proposal, which is attached as Exhibits “B” and “C” respectively, is 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, Task Order, 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: (1st) the terms of this Agreement; (2nd) the provisions of the Task Order; (3rd) Scope of Services (Exhibit “A”), as may be amended from time to time; (4th) the provisions of the City’s Request for Qualifications (Exhibit “B”); and (5th) 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. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. 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 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 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 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 warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully 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. Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D 1.8 Performance of Services. City Manager or Director of Engineering/City Engineer, 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 or the Director of Engineering/City Engineer 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 the Work. 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 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. COMPENSATION 2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that the Services required by this Agreement will vary dependent upon the number, type, and extent of the Services 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. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the fee schedule set forth in Exhibit “D”. The total amount of Compensation for the duration of the term of this agreement, as defined in Section 3.4, shall not exceed $5,000,000. 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 Agreement, City and Consultant hereby acknowledge and agree that a specific “Maximum Contract Amount” 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 authorized by the Signatory Entity as provided in this Section 2.1. The signatory entity and signing limits are as follows: • City Manager – over $50,000 • Deputy/Assistant City Manager – up to $50,000 • Director – up to $25,000 • Manager – up to $5,000 The method of compensation for each separate City authorized Task Order 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 (Fee Schedule) 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 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D 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. 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’s compensation shall be limited to the Maximum Contract 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 necessary for the projects. 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 make 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 Services and Consultant shall not be entitled to payment for any 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. Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D 3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written Task Order and shall perform all Services within the time 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 Majeure. The time for performance of Services to be rendered under each Task Order may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall commence on August 12, 2024 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: Nayan Amin, Principal-In-Charge. 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. Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. 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 venture 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 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D 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. 4.5 California Labor Code Requirements. A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 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: Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D 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 and is unaware of any facts which may lead to such a claim against Consultant; 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 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 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D 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: A. For any 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. B. 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. C. All insurance coverage and limits 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 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. D. 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. E. 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. Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D F. 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. G. 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. H. 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. I. 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. J. 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. K. 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. L. 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 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D 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: A. "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). B. "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). C. "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. D. 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. 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 agent/broker 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, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. 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 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. 6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 7. REPORTS AND RECORDS 7.1 Accounting 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 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 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 be 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 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 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D 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 at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. 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 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D 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.B, 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 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. 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. Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D 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, 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. Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D 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, CA 92262 Telephone: (760) 323-8204 To Consultant: TJKM Transportation Consultants Attention: Nayan Amin, Principal-In-Charge 4305 Hacienda Drive, Suite 550 Pleasanton, CA 94588 Telephone: (925) 463-0611 10.3 Entire Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels 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 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. Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D 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. 10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 10.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND TJKM TRANSPORTATION CONSULTANTS IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: 07/25/2024 Item No. 1F APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D 8/5/2024 8/5/2024 8/6/2024 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D CITY OF PALM SPRINGS, CA ENGINEERING SERVICES DEPARTMENT REQUEST FOR QUALIFICATIONS TE RFQ 20-24 ON CALL TRAFFIC ENGINEERING SERVICES ISSUED: MAY 29, 2024 Page 1 of 29 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D TABLE OF CONTENTS SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS PAGE NUMBER 1.1 Request for Request for Qualifications 3 1.2 Funding 3 1.3 Term 3 1.4 Schedule 3 1.5 RFQ Documents Location 3 1.6 Evaluation of Qualifications and Award of Contract 3 SECTION 2 – INSTRUCTIONS TO RESPONDERS 2.1 Obtaining RFQ Documents and Addenda 4 2.2 Responder’s Minimum Requirements 4 2.3 Submission of Request for Qualifications 4 2.4 Protest Procedures 4 SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT 3.1 Request for Clarifications/Questions 6 3.2 Responders Ethical Behavior 6 3.3 Request for Qualifications to Remain Open 6 3.4 Right to Accept or Reject Request for Qualifications 6 3.5 Responsibility of Responder 6 3.6 Insurance 6 3.7 Public Record 6 3.8 Cost Related to Request for Qualifications Preparation: 7 3.9 Compliance with Law 7 3.10 Licenses, Permits, Fees and Assessments 7 3.11 Investigations 7 3.12 Non-Collusion 8 3.13 Signed Request for Qualifications and Exceptions 8 3.14 Award of Contract 8 3.15 Form of Agreement 8 SECTION 4 – SCOPE OF WORK 4.1 Background 10 4.2 Scope 10 4.3 Schedule 11 4.4 Compensation 11 SECTION 5 – REQUEST FOR QUALIFICATIONS FORMAT AND ORGANIZATION 5.1 Request for Qualifications Requirements 12 5.2 Electronic Submittal Package Format 12 5.3 Submission of Request for Qualifications 14 SECTION 6 – REQUEST FOR QUALIFICATIONS EVALUATION 6.1 Evaluation of Request for Qualifications 15 6.2 Selection Process and Award of Contract 15 SECTION 7– ATTACHMENTS TO INCLUDE WITH RFQ SUBMITTAL PACKAGE 16 SECTION 8 – SAMPLE AGREEMENT 28 Page 2 of 29 29 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS 1.1 Request for Request for qualifications 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. 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. 1.2 Funding The resulting contract will be an on-call contract and the estimated not to exceed value of the contract will be $5M over the full term of the contract or approximately $1M annually. 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. 1.3 Term 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. The term of this contract will be for five years. 1.4 Schedule The following is the schedule for this procurement. Activity Due/Time Request for Qualifications Issued May 29, 2024 Request for Clarifications from Responders due June 13, 2024, 12:00 pm PST Request for Qualifications due June 26, 2024, 12:00 pm PST Interviews if desired by City July 2, 2024 Contract awarded by City Council on July 25, 2024 1.5 RFQ Documents Location https://pbsystem.planetbids.com/portal/47688/portal -home (See TE RFQ 2024 -0515.) 1.6 Evaluation of Qualifications and Award of Contract This solicitation has been developed in the Request f or Qualifications (RFQ) 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, firm s should take note that multiple factors as identified in the RFQ will be considered by the Evaluation Committee. Price is evaluated as part of the evaluation criteria. 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. END SECTION Page 3 of 29 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D SECTION 2 – INSTRUCTIONS TO RESPONDERS 2.1 Obtaining RFQ Documents and Addenda: RFQ documents can be found on PlanetBids at: https://pbsystem.planetbids.com/portal/47688/portal -home Responders will need to log in and locate this RFQ for all related documents. It is the Responder ’s responsibility to check the PlanetBids site regularly to stay current on the documents that are available as this is the primary communication site for this RFQ. 2.2 Responder’s Minimum Requirements – evaluated on a pass/fail basis: A. Experience: The Responder must have at least 5 years’ experience providing traffic engineering services for public works projects and a minimum of 20 years providing traffic engineering services (inclusive of public/private TE work) as a business. Responders shall outline this experience in Section A of the request for qualifications. B. Related Projects: The Responder must list three (3) projects completed within the last five (5) years’ showing traffic engineering related work for a public agency. The firms’ contract price for these projects must be equal to or greater than $120,000 each (design/support costs, not total construction costs). Responders shall outline this experience in Section A of the request for qualifications. C. 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”. Responders may obtain the license after award but must do so promptly as the license will be routed with the contract for final signature. 2.3 Submission of Request for qualifications: Requests for Qualifications will be electronically received through the Planet Bids electronic platform as provided in this RFQ until the time specified in the schedule. The receiving time date stamp in the electronic PlanetBids system will be the governing time for acceptability of request for qualifications. Paper request for qualifications, or request for qualifications sent by any other means will not be accepted. Failure to register as a Responder to this RFQ process per the instructions in the Request for Qualifications (under “Obtaining RFQ Documents”) may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a request for qualifications as being non-responsive or negatively impact the evaluation of a request for qualifications. Request for qualifications files shall be clearly labeled per the instructions provided and submitted electronically. 2.4 Protest Procedures. This section sets forth the protest remedies available with respect to the RFQ process. Each responder by submitting its RFQ, expressly recognizes the limitation on its rights to protest contained herein, and expressly waives all other rights and remedies. Each responder agrees that the decisions on any protest, as provided herein, will be final and binding on the protestant. All protests and related statements described in this section shall be submitted for filing to the following email address: Francisco.Jaime@Palmspringsca.gov . A. If any attempts to resolve respondent concerns during the request for clarifications/question and answer period were unsuccessful, protests regarding the RFQ requirements shall be filed only after the Q&A period ends, but no later than five calendar days after the final addendum is issued. Responders may protest the RFQ requirements on the grounds that: 1. A material provision in the RFQ notice is ambiguous to a point that the responder cannot respond to the solicitation, or 2. The RFQ restricts fair and open competition, 3. Any aspect of the RFQ requirements described herein violates applicable Local, Page 4 of 29 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D State or Federal law. 4. Protests regarding the RFQ requirements shall completely and succinctly state the grounds for protest and shall include all factual and legal documentation in sufficient detail to establish the merits of the protest. Evidentiary statements, if any, shall be submitted under penalty of perjury. The protestant shall have the burden of proving its protest by preponderance of the evidence. The outcome of the RFQ requirements protest shall be decided on the basis of the written submissions by the Engineering Serv ices Department in conjunction with the City ’s Legal Department, whose decision shall be final and binding on the protestant. The City will issue a written decision regarding any protests to the respondent or to each participating respondent. 5. Notwithstanding the existence of a protest, the City may continue the procurement process. The failure of a respondent to file a basis for a protest regarding the RFQ requirements within the applicable period shall preclude consideration of that ground in any future protest related to RFQ requirements. 6. This is the only time a prospective consultant can file a protest over RFQ requirements. 7. The City may issue addenda or extend the RFQ due date to address the issues raised in a requirement related protest. B. Protests Regarding Selection of the Most Highly Qualified Team 1. The City will only consider protest by respondents that submitted RFQs. 2. Respondents may protest the selection of the Most Highly Qualified firm only on the grounds that the City did not comply with RFQ process and procedures. 3. Any protests regarding the City ’s decision of Selection of the Most Highly Qualified firm shall be filed within seven calendar days after the selection or recommendation of intent to award of the Most Highly Qualified firm. The City will not accept protests filed after this time period. 4. The City will not entertain protests of RFQ requirements during this stage in the process. 5. The protestant shall file a detailed written statement on the grounds, legal authority , and facts, including all documents and evidentiary statements in support of the protest. Evidentiary statements, if any, shall be submitted under penalty of perjury. The protestant shall have the burden of proving its protests by a preponderance of the ev idence. Failure to file a protest within the applicable period shall constitute a waiver of the right to protest the selection of the Most Highly Qualified firm. 6. The City shall issue a written decision regarding the protest within 30 calendar days after the filing of the detailed statement of protest. The decision shall be final and binding on the protestant. 7. The City reserves the right to request information and/or documentation from the selected Most Highly Qualified firm to respond to issues raised in a protest. C. Under no circumstances shall the City be held liable for payment of the protestant’s costs or attorneys’ fees. The City shall not be liable for any damages to the protestant filing the protest or to any participant in the protest, on any basis, express or implied. END SECTION Page 5 of 29 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT 3.1 Request for Clarifications/Questions: A. Questions are to be submitted through PlanetBids vendor portal at the following link: https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the RFQ. B. Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFQ. The deadline for all questions is as outlined in the schedule. Questions received after this date and time m ay not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. 3.2 Responders Ethical Behavior: Responders, 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 RFQ other than as directed below. Contact with anyone other than as directed below will be cause for rejection of a request for qualifications. 3.3 Request for qualifications to Remain Open: The Responder shall guarantee that all contents of their request for qualifications shall be valid for a period of 120 calendar days from the due date of request for qualifications. 3.4 Right to Accept or Reject Request for qualifications: The City of Palm Springs reserves the right to waive any informality or technical defect in a request for qualifications and to accept or reject, in whole or in part, any or all request for qualifications and to cancel all or part of this RFQ and seek new request for qualifications, 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. 3.5 Responsibility of Responder: All firms responding to this RFQ 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 RFQ without an authorized signature, falsified any information in the request for qualifications package, etc.), the request for qualifications shall be rejected. 3.6 Insurance: Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFQ. The successful Responder will be required to comply with these provisions. It is recommended that Responders have their insurance provider review the insurance provisions BEFORE they submit their request for qualifications. 3.7 Public Record: A. 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 7921 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 Gov ernment Code 7922 during the negotiation process, may be made public after the City ’s negotiations are completed, and Staff has agendized the recommendation to the City Council for the award of a contract to a specific firm, but before final action is taken by the City Council to award the contract. Page 6 of 29 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D B. 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 request for qualifications 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 p rotection from disclosure by a court of competent jurisdiction. C. If a submitting party contends that a portion of the request for qualifications 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 l aws 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 request for qualifications 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 request for qualifications or other information or documents submitted to the City as part of this RFQ process. The City may not recognize request for qualifications where all the information, via a blanket statement, is submitted as proprietary information or a trade secret. Such request for qualifications may be found non-responsive. 3.8 Cost Related to Request for qualifications Preparation: The City will NOT be responsible for any costs incurred by any firm responding to this RFQ in the preparation of their Request for qualifications or participation in any presentation if requested, or any other aspects of the entire RFQ process. 3.9 Compliance with Law: Responder 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. 3.10 Licenses, Permits, Fees and Assessments: Responder 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 RFQ. Responder represents and warrants to City that Responder 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 Responder to perform the Work and Services under the Agreement if so awarded. Responder 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 Resp onder’s performance of the Work and Services required under the Agreement if so awarded. Responder shall indemnify, defend, 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. 3.11 Investigations: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFQ 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 request for qualifications 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. Page 7 of 29 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D 3.12 Non-Collusion: The undersigned, by submission of this procurement f orm, hereby declares that this request for qualifications is made without collusion with any other business making any other request for qualifications, or which otherwise would make a request for qualifications. Responder must execute an Affidavit of Non-Collusion provided as Attachment “B” in the RFQ and include it with their request for qualifications. 3.13 Signed Request for qualifications and Exceptions: Submission of a signed request for qualifications will be interpreted to mean that the firm responding to this RFQ has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Qualifications, and any attached sample agreement. Exceptions to any of the language in either the RFQ documents or attached sample agreement, including the insurance requirements, must be requested under the request for clarifications/questions process by the deadline for questions. Any requested changes to the contract will be considered at that time and if changes are allowed, they will be sent out through an Addendum to all Responders. Exceptions to the City ’s RFQ document or standard boilerplate language, insurance requirements, terms, or conditions, etc. may only be considered during the early stage of the solicitation process; and shall not be included in the submitted request for qualifications. The City makes no guarantee that any exceptions will be approved but will consider any requests put forward in the request for clarification/question process. 3.14 Award of Contract: It is the City ’s intent to award a contract to the firm or firms that can provide all of the scope of work tasks identified in the RFQ document. However, the City reserves the right to award multiple contracts, or to make no award, whichever is in the best interest of th e 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 firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final. 3.15 Form of Agreement: A. 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 Contract Services Agreement (see Section 8). Please note that the exhibits are intentionally not complete in the attached sample standard document. These exhibits will be negotiated with the selected firm and will appear in the final Contract Services Agreement executed between the parties. B. 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 Responder refuses or fails 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 second highest ranked Responder, and so on. C. 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 request for qualifications in response to this RFQ. Firms that submit a request for qualifications in response to this RFQ shall certify the following: D. Conflict of Interest. Responder acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Responder enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Responder warrants that Page 8 of 29 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D Responder 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. E. Covenant Against Discrimination. In connection with its performance under this Agreement, Responder 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”). Responder 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, Responder certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Responder activity, inc luding 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 Responder 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. END SECTION Page 9 of 29 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D SECTION 4 – SCOPE OF WORK 4.1 Background: The City utilizes qualified professionals to provide licensed On Call Traffic Engineering Services for various projects ranging from signal warrants, signal design, signal timing sheets, collection of traffic counts and turning movements, etc. The City recognizes that the key to a successful Engineering Services Department is a good design and support team. The purpose of this contract is for Consultant(s) who have the right skill set and experience levels to assist the City with On Call Traffic Engineering Services. This work will be provided on an on-call as-needed basis and no amount of work is guaranteed. The contract value is based on an estimate only and not reflective of the actual amount of work that may or may not be performed. The City will issue Task Orders to the Consultant to provide the requested services associated with each project, as the need occurs for such services. Work will be performed on either a lump sum or cost-plus fixed fee basis as defined in each task order. 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), California Manual on Uniform Traffic Control Devices (MUTCD), and the rules and ordinances of the County of Riverside and the City of Palm Springs. 4.2 Scope: 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 workspace 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. The City may assign projects at its sole discretion. Responsibilities may include, but are not limited to, the following: A. Traffic Signal/Device Design. B. Provide traffic signal warrants and other warrants as requested. C. Act as the City of Palm Springs representative on contract document interpretation and related contract matters during construction of projects. D. Prepare or examine engineering plans, specifications, designs, cost estimates, bid proposals, and legal descriptions. E. Represent the City in meetings with contractors, developers, other agencies, utility companies, and/or Caltrans. F. Review/evaluate complex plans and traffic studies prepared by developers, consultants, utilities, and others. G. Perform contract administration functions, negotiations on behalf of the City, and recommend change orders when applicable. H. Create or update City standards as it relates to City traffic related standards. I. Provide support during bidding, construction, and project closeout. J. Prepare and submit necessary documents, and coordinate with various regional, county, state, federal, and utility companies. K. Assist with bidding procedures, prepare bid summaries, and make recommendations for Page 10 of 29 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D consideration to award contracts for planning, design, and/or construction. L. Prepare correspondence, reports, studies, and memoranda necessary to administer various City capital improvement projects. M. Assist the City in tasks necessary to expedite project delivery such as “trouble shooting” and resolving issues with Caltrans, jurisdictions, regulatory parties, and other affected agencies that may hamper project delivery schedules. N. Attend project development team meetings and other stakeholder and community meetings for the projects. O. Employ project administration, contract administration, and project control techniques to ensure projects are delivered within approved scope, schedule , and budget. P. Other duties as requested by the City Engineer 4.3 Schedule: Work will commence on issuance of individual task orders and the task orders will define the schedule for the work. 4.4 Compensation: Work will be authorized under individual task orders and will be compensated on either a lump sum or cost-plus fixed fee basis utilizing the hourly rates, approved overhead and fee/profit included in the contract. Contract pricing in each task order shall include all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the C ity. There is no specific amount of work guaranteed as this is an on-call contract. END SECTION Page 11 of 29 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D SECTION 5 – REQUEST FOR QUALIFICATIONS FORMAT AND ORGANIZATION 5.1 Request for qualifications Requirements: The firm ’s request for qualifications should describe the methodology to be used to accomplish the project objectives. The request for qualifications should also describe the work which shall be necessary in order to satisfactorily complete the described requirements. 5.2 Electronic Submittal Package Format: Firms are requested to format their request for qualifications so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 below. The request for qualifications must be in an 8 ½ X 11 format, minimum 11pt font size, minimum ¾” margins, and may be no more than a total of 24 electronic pages, including cover letters, organization charts, staff resumes, and appendices. NOTE: Front and Back Covers, Dividers, Attachments and Addenda acknowledgment do NOT count toward the limit (everything else does). Responders must provide the information identified below. All such information shall be presented in a format that directly corresponds to the numbering scheme identified here. The electronic submittal package shall be clearly marked as per the instructions above and shall include the Sections A, B, C, D and E below: Section A: Firm /subcontractors Qualifications and Experience including references. A.1 Please provide a description of the services that your company has provided in other cities or public entities, how long you have been in operation, and any unique features of the services you offer. Please also include how you meet the minimum requirements that will be scored on a pass-fail basis. A.2 Indicate the name of any sub-contractor firms or contractors that will be utilized to make up your team. Describe each subcontractor ’s qualifications, background, and specific expertise that they bring to the project. A.3 The selected Consultant shall demonstrate familiarity of providing services for traffic engineering related projects and has a clear understanding of all applicable and current edition at the time of assigned project - federal, state, and local laws, ordinances and regulations including Americans with Disabilities Act (ADA), Greenbook, Caltrans, California Manual on Uniform Traffic Control Devices (MUTCD), and the rules and ordinances of the County of Riverside and the City of Palm Springs. A.4 In addition to the three references on the form provided of information about recent customers for who your firm has provided similar services as contemplated herein. A.5 In addition to the form, in this section of your proposal please provide any additional information that would explain in more detail the work undertaken with the references provided and any other material information you would like the City to know about your work for that reference that is relevant to the work described in this RFQ. Section B: Staff /Teams qualifications and experience including References. B.1 The Responders to a description of how they plan to staff the various projects. B.2. Identify availability of resources to respond to the needs of the City under an on-call arrangement as outlined in the scope of work. B.3. List the name and qualifications of the key staff/team members that will be assigned to the project. Include resumes of key staff. B.4. Provide an organization chart. Page 12 of 29 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D B.5. Provide information of related projects the key staff have worked on that would make them well suited for this contract. B.6. The respondent should list any organizations they plan to partner with to implement the scope of work. Section C: Demonstrated understanding of the overall project and requested scope of work. C.1 Proposed Approach for Implementing the Scope of Work. Please describe how you would approach the Scope of Work for the City of Palm Springs. This would include how you would address or enhance the tasks in the Scope of Work and how you would partner with the City to implement the service. C.2 Discuss your team ’s experience with state and federally funded projects and the procedural requirements of managing projects to comply with state and federal regulations. C.3 Include a discussion on your approach to coordination efforts with City Staff, Caltrans, CVAG, local agencies, utility companies, other regulatory , or permitting agencies involved with the projects. C.4 Discuss how your team will identify project problems, issues or conflicts that need to be resolved and the general approach to resolving them and how your team has handled unforeseen problems on projects in the past, including any innovative or advanced techniques your team has developed. C.5 Discuss your team ’s approach to project controls to track project progress and expenditures, maintain critical contract documents, administer , and monitor contracts and maintain critical project information. C.6 Anything else the City should consider as part of this process. Responders should provide any insights or advice they feel may assist the City in implementing the Scope of Work. C.7 Identify any “key” or “critical” issues that you believe may be encountered based on the firm ’s prior experiences; and provide steps to be taken to ensure the issues identified do not affect the successful delivery of the service. Section D: Financial Responsibility D.1 Please provide a statement explaining the financial health of your company that demonstrates the ability to contract for the work described in this RFQ. Section E: Forms (Attachments): - Include the following completed forms with your RFQ A. Completed Signature authorization and Addenda Acknowledgment B. If applicable, your specific request for Local Preference and a copy of a valid business license from a jurisdiction in the Coachella Valley. C. Completed Affidavit of Non-Collusion. D. Completed No Conflict of Interest and Non-Discrimination Form E. Completed Public Integrity Business Disclosure Form F. Complete the Reference Form G. Complete Executive Order N -6-22 Certification H. Fee Schedule Page 13 of 29 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D Section F: Fee Schedule Provide a Fee Schedule on the form provided (Attachment H) that establishes specific fixed hourly rates, for each class of employee engaged directly in the work. Such rates of pay include the Respondents estimated costs and net fee (profit). Federal regulations require that profit be separately negotiated from contract costs. The specific rates of compensation are to include an hourly breakdown, direct salary costs, fringe benefits, indirect costs, and net fee. Other direct costs may be included, such as travel and equipment rentals, if not already captured in the indirect cost rate. Rates used shall be auditable and reflect actual supportable costs. 5.3 Submission of RFQ One electronic file shall be uploaded to the PlanetBids vendor portal at the following link: https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the RFQ. All submissions must be time and date stamped by the system as being received by the deadline. Late submissions will be rejected. Request for qualifications not meeting the above criteria may be found to be non- responsive. END SECTION Page 14 of 29 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D SECTION 6 – REQUEST FOR QUALIFICATIONS EVALUATION 6.1 Evaluation of Request for Qualifications: This solicitation has been developed in the RFQ most qualified firm format. Accordingly, firms should take note that multiple factors as identified in the RFQ will be considered by the Evaluation Committee to determine which request for qualifications best meets the requirements set forth in the RFQ document. An Evaluation Committee, using the following evaluation criteria for this RFQ, will evaluate all responsive request for qualifications to this RFQ. Firms are requested to submit their request for qualifications so that they correspond to and are identified with the following specific evaluation criteria (100 total points possible): Criteria Points Minimum Requirements: Required Experience Pass/Fail Firm’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ, including References 20 Staff / Team’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ 15 Demonstrated Understanding Overall project and Scope of Work: • Capability of developing innovative or advanced techniques. • Demonstrated Technical ability. • Familiarity with state and federal provisions. 50 Local Status (5 local / 0 not local) 5 Financial Responsibility 5 Fees/Costs 5 Total* 100 Prior City work - If your firm has prior experience working with the City do not assume this prior work is known to all members of the evaluation committee. All firms are evaluated on the information contained in their request for qualifications, information obtained from references (including the city and past performance if applicable), and presentations if requested. All request for qualifications should be prepared as if the evaluation committee members have no knowledge of the firm, their qualifications, or past projects. *Interviews – The City reserves the right to interview top ranking responders. If interviews are required, the responders invited to interview will be notified in advance and provided a format and time for the interviews. An additional 25 points will be used to score the interview based on the same criteria listed in the RFQ. The 25 points will be prorated in the same proportion as the request for qualifications scoring listed in the table above. 6.2 Selection Process and Award of Contract: Selection will be made by totaling the points for the request for qualifications and interviews if required. Since this is on-call work and therefore no cost proposal can be obtained at this time, the Responder(s) with the highest number of points will be recommended for award assuming the rate schedule submitted represents fair and reasonable rates to perform future task ordered work. If the fee schedule is not reasonable, the process may continue with the next highest ranked Responder. 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 or City Manager depending on value. The selected firm will be required to comply with all insurance and license requirements of the City. END SECTION Page 15 of 29 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D Statement of Qualifications for On-Call Traffic Engineering Services June 26, 2024TE RFQ 20-24 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D CALIFORNIA | FLORIDA | TEXAS Corporate Office 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 925.463.0611 www.TJKM.com June 26, 2024 Jaime Francisco Engineering City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Subject: Statement of Qualifications for On Call Traffic Engineering Services, TE RFQ 20-24 Dear Mr. Francisco: TJKM Transportation Consultants (TJKM) is pleased to submit our Statement of Qualifications for On Call Traffic Engineering Services to the City of Palm Springs. Founded in 1974, TJKM is a transportation planning, traffic operations, and engineering firm providing services throughout California, Florida, and Texas. Our projects range in size from short-term engagements developing meaningful safe mobility solutions for all for a wide range of transportation issues to long-term planning for new developments, communities, and transportation systems. TJKM has been involved in more than 8,000 transportation projects and averages over 240 new projects each year. The TJKM Team brings current knowledge and experience to the City and is ready to “hit the ground running”. TJKM has played an important role in the completion of numerous On-Call Contracts. TJKM has been providing On-Call Services to agencies in California for 50 years. We are under several multi-year or longer- term contracts with agencies that utilize our services providing staff augmentation and project management to increase their bandwidth. Our proposed team has the knowledge and in-depth experience needed to successfully manage both large and small projects and efficiently complete any tasks or assignments from the On-Call Contract. Over the years, we have gained invaluable insight and experience in managing individual assignments and the overall contracts effectively. With this knowledge, TJKM ensures that our service to the City will be timely, cost- effective, and of the highest quality, as we have done in the past and will do as we move forward. TJKM has contracts with the following agencies in Southern California: City of Anaheim On-Call Traffic Engineering and Transportation Planning Services City of Beverly Hills As-Needed Traffic Consulting Services City of Coachella On-Call Engineering Services City of Oxnard Engineering Multi-Year Professional Services for Traffic Engineering City of Lancaster Multi-Year Professional Services for Traffic Engineering City of Palm Desert On-Call Consultant Services City of Santa Paula On-Call Services City of Thousand Oaks On-Call Professional Services City of Yorba Linda On-Call Consultant Services City of West Hollywood On-Call Services Southern California Association of Governments On-Call Services Transportation/Mobility Planning and Analysis Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D Jaime Francisco June 26, 2024 Page 2 of 2 Your Project Team To meet the specific needs of City of Palm Springs for this contract our proposed organization for your project is myself, Mr. Nayan Amin, TE, as Principal-In-Charge and Mr. Andrew Dickinson as Project Manager. Work will be conducted under the direct supervision/direction of Mr. Dickinson. He will be responsible for overall coordination on this contract, maintaining the effectiveness and efficiency of the work, schedule, and will be the point of contact ensuring the work products are to the satisfaction of the City and stakeholders. Mr. Dickinson has eight years of professional experience in transportation engineering and design. He specializes in preparing plans, specifications, and estimates for signal, intelligent transportation systems, signage, striping and traffic handling projects. Mr. Dickinson specializes in managing projects and provides a high level of quality in taking a project from planning phase to design all the way to the end of construction. He has worked on several On-Call Contracts including Traffic/Transportation Planning and Engineering services for the City of Palo Alto, City of Fremont, City of Oakley, City of Modesto, and the Complete Streets Design On-Call and Geometric and Complete Streets Design Services On-Call for San Jose. Statements If selected, TJKM will promptly obtain proper licensing in accordance with the City of Palm Springs Business License Ordinance upon award. TJKM’s Statement of Qualifications shall be firm offers for a period of 120 days following the deadline date for submission. Commitment As President of the firm, I, Nayan Amin, am authorized to bind TJKM to a contract and you have my personal assurance that all the resources necessary to address the City’s needs will be made available and ready to perform when the opportunity arises. During the proposal process, please feel free to contact Mr. Dickinson via phone at (408) 440-7282 or by email at adickinson@tjkm.com. Thank you for considering TJKM for this project. Sincerely, TJKM Transportation Consultants Nayan Amin, TE, President Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D On Call Traffic Engineering Services, TE RFQ 20-24 | i TABLE OF CONTENTS Section A: Firm Qualifications & Experience ..................................................................................................................... 1 Firm Overview ............................................................................................................................................................. 1 Subcontractors ............................................................................................................................................................ 1 Familiarity with City, State, & Federal Procedures & Processes ............................................................................... 2 References ................................................................................................................................................................... 2 Section B: Staff Qualifications & Experience ..................................................................................................................... 7 TJKM Staff .................................................................................................................................................................... 7 Availability ................................................................................................................................................................... 7 Key Staff Qualifications ............................................................................................................................................... 8 Organization Chart .................................................................................................................................................... 11 Subcontractors .......................................................................................................................................................... 11 Section C: Project Understanding & Approach ............................................................................................................... 12 Project Understanding .............................................................................................................................................. 12 Proposed Approach .................................................................................................................................................. 16 Experience with Federally Funded Projects ............................................................................................................. 17 Coordination Approach ............................................................................................................................................. 17 Innovative Solutions .................................................................................................................................................. 18 Approach to Project Control ..................................................................................................................................... 18 Additional Information ............................................................................................................................................. 19 Challenges ................................................................................................................................................................. 19 Section D: Financial Responsibility .................................................................................................................................. 20 Section E: Forms ............................................................................................................................................................... 20 Section F: Fee Schedule ................................................................................................................................................... 20 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D On Call Traffic Engineering Services, TE RFQ 20-24 | 1 TJKM Transportation Consultants (TJKM) is pleased to submit our Statement of Qualifications for On Call Traffic Engineering Services, TE RFQ 20-24 for the City of Palm Springs. SECTION A: FIRM QUALIFICATIONS & EXPERIENCE Firm Overview TJKM is a traffic engineering, traffic operations, and transportation planning firm that provides professional services to public entities throughout California, Texas, and Florida. For 50 years, more than 3,500 satisfied clients have entrusted TJKM with their critical work. We serve a full-range of clients, including municipalities, congestion management agencies, metropolitan planning organizations, transportation agencies, private developers, other consulting firms, and attorneys. TJKM has been involved in more than 8,000 transportation projects throughout California and averages about 240 new projects each year. TJKM’s primary service categories include traffic engineering design (including Planning, Specifications, and Estimates [PS&E]), transportation planning, traffic safety, traffic operations, corridor studies, Intelligent Transportation Systems (ITS), and multimodal studies. Our motivation comes from satisfying clients’ objectives and improving communities. TJKM has a strong roster of both public and private sector clients and continually builds upon this base. Our planners and engineers have worked on the public side of the desk for years as municipal engineers, developing superior skills in collaborating with the public and city councils and, more importantly, crafting excellent relationships with the right people. Our project managers, engineers, and planners have “hands on” experience and understand the latest requirements, technologies, trends, and standards. Our experience with local agency processes keeps projects moving faster; and know-how from thousands of engagements helps us complete projects on time and within budget to our Clients’ satisfaction. Subcontractors TJKM does not anticipate the use of subconsultants. However, if additional expertise is needed for a specific assignment, we will draw upon our trusted relationships with firms specializing in required areas. We will consult with the City of Palm Springs and obtain approval prior to any use of subconsultant services. Before utilizing any subconsultants, TJKM will submit a proposed list of subconsultants to the City and upon approval by the City; we will utilize the approved subconsultant. Office Locations Inglewood, San Jose, Pleasanton, Fresno, Sacramento, & Santa Rosa, CA; Austin, TX; & Tampa, FL Point of Contact Mr. Andrew Dickinson 2550 N First Street, Suite 400, San Jose, CA 95131 (408) 440-7282, adickinson@tjkm.com Ownership C California Company founded March 1, 1974 (50 Years) Officers Servicing California Accounts Nayan Amin, TE Ruta Jariwala, PE, TE Certifications Disadvantaged Business Enterprise 40772, Small Business Enterprise 38780 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D On Call Traffic Engineering Services, TE RFQ 20-24 | 2 Familiarity with City, State, & Federal Procedures & Processes TJKM uses federal, state, and local laws, and national design standards and guidelines for all of our projects. Our designers are also fully conversant with roadway improvement drafting standards, and extensive experience preparing plans as per Caltrans Standards. We will also make sure to utilize the rules and ordinances of the City of Palm Springs. Based on our firm’s experience, we will ensure projects are developed in consistence with the following documents: References TJKM has established organizational and procedural policies to ensure quality engineering services to our clients, nearly 85 percent of whom are repeat clients. Prompt service, attention to details, strict adherence to schedule requirements, and commitment to our clients’ goals are among the reasons for this steady client base. Our objective on every assignment is to provide the most cost-effective product that meets the specific needs and criteria of each client within the planned schedule and budget. TJKM has been providing On-Call Services to agencies in California for 50 years. We are under several multi-year or longer-term contracts with agencies that utilize our services providing staff augmentation and project management to increase their bandwidth. Our proposed team has the knowledge and in-depth experience needed to successfully manage both large and small projects and efficiently complete any tasks or assignments from the On-Call contract. TJKM has contracts with the following agencies in Southern California: • On-Call Traffic Engineering and Transportation Planning, Anaheim • As-Needed Traffic Consulting, Beverly Hills • On-Call Engineering and Consulting, Santa Paula • As-Needed Traffic Consulting Services, Riverside • On-Call Engineering Services, Coachella • On-Call Professional Services, Thousand Oaks • On-Call Consultant Services, Yorba Linda • On-Call Services, West Hollywood • Engineering Multi-Year Professional Services for Traffic Engineering, Oxnard • Multi-Year Professional Services for Traffic Engineering, Lancaster • On-Call Services Transportation/Mobility Planning and Analysis, Southern California Association of Governments • Caltrans Highway Design and Traffic Manual standards o California Vehicle Code o California Highway Design Manual o Caltrans Local Assistance Manual and Program Guidelines o California’s Strategic Highway Safety Plan o Complete Streets Elements Toolbox • Greenbook: Standard Specifications for Public Works Construction • County Standard Plans • American Association of State Highway and Transportation Officials (AASHTO) Green Book • Federal Highway Administration • National Association of City Transportation Officials (NACTO) Design Guides and practices • Manual of Uniform Traffic Control Devices (MUTCD) • 2010 Americans with Disabilities Act Standards for Accessible Design Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D On Call Traffic Engineering Services, TE RFQ 20-24 | 3 Examples of our recent similar project experience are provided below and on the following pages. We encourage the City of Palm Springs to contact our references to learn about our performance. TRANSPORTATION ENGINEERING ON-CALL, MODESTO | 2021-ONGOING | $700K Reference: Max Navarro, City of Modesto, 1010 Tenth Street, Suite 4100, Modesto, CA 95353, (209) 961-5116, manavarro@modestogov.com As part of the On-Call contract with the City of Modesto, TJKM is assisting the City in preparation of PS&E, cost estimates for projects, detailed studies on specific items, conducting investigations, preparation of reports, signal coordination and construction administration assistance. Tasks under the On-Call contract we have worked on include: • Signal Coordination Timing Citywide • Claus Fiber Design PS&E • Scenic Drive Fiber Design PS&E • DSDC ATMS 2019 • Highway Safety Improvement Program (HSIP) Back plate Replacement PS&E • Rectangular Rapid Flashing Beacons (RRFB) at Eight Locations • RRFB and Flash Stop PS&E • Scenic Drive Structural Analysis • Claus Road Structural Analysis ON-CALL TRAFFIC DESIGN SERVICES, CONCORD | 2015-ONGOING | $250K Reference: Abhishek Parikh, City of Concord, 1950 Parkside Drive, Concord, CA 94519, (925) 671-3129, abhishek.parikh@cityofconcord.org TJKM is providing transportation planning, traffic operations, and traffic engineering services for the City on an On-Call basis. The Team’s first task was to prepare a cost estimate for installing fiber-optic cable on Clayton Road from Ellis Street to Sutter Street. Additional tasks assigned include: • Galindo Street Corridor Plan for the Downtown Priority Development Area • Website Design Services for the City’s Transportation Division • HSIP Grant Application for Signal Upgrades for Various Locations • Staff Augmentation Support for various signal timing and traffic operations tasks • Monument Boulevard Fiber Interconnect PS&E • Signal Coordination among multiple corridors • Collision Analysis Dashboard • Citywide Neighborhood Traffic Calming Program • Vision Zero Plan Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D On Call Traffic Engineering Services, TE RFQ 20-24 | 4 ON-CALL TRAFFIC ENGINEERING SERVICES, SAN BRUNO | 2015-ONGOING | $150K Reference: Hae Won Ritchie, PE, City of San Bruno, 567 El Camino Real, San Bruno, CA 94066, (650) 616-7067, hritchie@sanbruno.ca.gov TJKM currently serves as the only On-Call Traffic Engineering consultant to City of San Bruno. As a part of the contact, TJKM has completed several traffic engineering related assignments. Some of the projects completed under this contract are Engineering and Traffic Surveys, Susan Drive Site Distance Evaluation, San Mateo Avenue Pedestrian Safety Enhancements, and San Bruno Avenue and Second Avenue Intersection Safety Analysis, etc. A majority of these task orders were completed within 4-8 weeks of TJKM receiving the Notice to Proceed after a providing a detailed scope and budget. After completing a thorough field investigation and collecting necessary data, TJKM engineers analyzed the issues and made necessary recommendations to resolve issues and improved safety. In addition, in 2016 TJKM was retained under a separate contract to assist with developing San Bruno’s first Transportation Impact Fee. Development of the Transportation Impact Fee provides the City with an opportunity to refine its funding strategy for multimodal improvements identified in the General Plan, Walk n/Bike Plan and Downtown and Transit Corridors Plan. ON-CALL TRAFFIC ENGINEERING & DESIGN SERVICES, LOS GATOS | 2003-ONGOING | $600K Reference: Mike Vroman, Town of Los Gatos, 41 Miles Avenue, Los Gatos, CA 95030, (408) 399-5777, mvroman@losgatosca.gov TJKM has provided general On-Call Traffic Engineering and Design Services for the Town for over two decades. TJKM has conducted numerous Traffic Impact Studies (TIS) for a variety of land uses, including: • Proposed CVS Pharmacy and Commercial Development • Proposed Medical Office Development at 14251 Winchester Boulevard • Hillbrook School Expansion TIS In addition to the three noted above we have also provided Traffic Impact Studies for the following projects: • 15400 Los Gatos Boulevard Medical Office Building • 15720-15736 Winchester Boulevard General Office Building • 371 Los Gatos Boulevard Single-Family Residential • 14777 Los Gatos Boulevard Mixed-Use Development • 475-485 Alberto Way Office Development • Highlands of Los Gatos Subdivision • San Jose Water Company Reservoir Road Construction • 17435 and 17443 Farley Road Mixed-Use Development • 15047 Los Gatos Boulevard Medical Office Building • 404 University Avenue Mixed-Use Development • Safeway Grocery Store Expansion TJKM regularly attends and presents to the Los Gatos Planning Commission and Council meetings and has had extensive involvement with neighborhood and community groups. Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D On Call Traffic Engineering Services, TE RFQ 20-24 | 5 ON-CALL TRAFFIC & TRANSPORTATION ENGINEERING SERVICES, BELMONT | 2010-ONGOING | $200K Reference: Bozhena Palatnik, City of Belmont, One Twin Pines Lane, Suite 385, Belmont, CA 94002, (650) 595-7463, bpalatnik@belmont.gov TJKM serves as an On-Call Traffic and Transportation Engineering consultant to the City, providing the Various services including traffic impact studies, traffic control and signal evaluation and improvement, transportation planning, pedestrian and bicycle planning and design, grant application support, traffic calming studies and design, traffic safety studies, complete street design, peer review, and grant writing support. Some of the projects completed under this On-Call contract include: • Elmer Street between Ralston Avenue and O’Neill Avenue Parking Analysis • Field review for Appropriate Stopping Sight Distance Requirements for 2146 Carlmont Drive • Ralston Avenue PG&E Traffic Control Plan Review • Peer Review of the Talbryn Drive Operations and Sight Distance Evaluation Reports • Preparation of Metropolitan Transportation Commission Category 1 IDEA Grant Application • Peer Review of the South Road/Ralston Traffic Signal Installation Plans • Peer Review of 1320 Talbryn Drive Signing and Striping Plans AS-NEEDED TRAFFIC & TRANSPORTATION ENGINEERING SERVICES, MILLBRAE | 2017-ONGOING | $700K Reference: Armando Mora, City of Millbrae, 621 Magnolia Avenue, Millbrae, CA 94030, (650) 259-2393, amora@ci.millbrae.ca.us TJKM is providing the City of Millbrae On-Call professional support and expertise in engineering and surveying services to complete a variety of projects. The On-Call contract is intended to provide a flexible and effective way for the City to respond to recurring service needs for multi-dimensional tasks covering a range of transportation engineering and traffic services. Recent tasks include: • Neighborhood Traffic Calming Program Development • Local Roadway Safety Plan Grant Application • Active Transportation Plan Cycle 5 Grant Application • Visibility and Safety Improvements for Meadows Elementary School • Magnolia and Richmond Bicycle and Pedestrian Improvements • Grant Writing Assistance for City’s 2017 Measure A Pedestrian and Bicycle Program and TDA Grant Applications • 1301 Broadway proposed Mixed-Use Development Traffic Impact Study • Millbrae Avenue Automated Red Light Enforcement Evaluation Study • Skyline Boulevard Bicycle and Pedestrian Improvements • Helen Tioga Quick Build Project • Millbrae Avenue Cycle Track Project • Neighborhood Community Outreach Meeting • Multi-Way Stop Sign Warrant Analysis at Park Boulevard and Cypress Avenue • Tier 2 and 3 Design Traffic Calming Improvements along Park Boulevard between Santa Teresa Way and Juanita Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D On Call Traffic Engineering Services, TE RFQ 20-24 | 6 GEOMETRIC & COMPLETE STREETS DESIGN SERVICES ON-CALL, SAN JOSE | 2018-ONGOING | $290K Reference: Zahi Khattab, City of San Jose, 200 East Santa Clara Street, San Jose, CA 95113, (408) 975-3252, zahi.khattab@sanjoseca.gov As part of City of San Jose Geometric Streets Design On-Call, TJKM was issued task orders to prepare signage and striping plans. Included in the City’s annual maintenance program, TJKM has completed four separate task orders under this On-Call. The following are the details on each task order. • 2019 – Service Order No. 1: This task order included four corridors within San Jose including Branham Lane, San Tomas Aquino Road, White Road, and Williams Road totaling approximately four miles. • 2020 – Service Order No. 1: This task order included restriping of four corridors within San Jose including Cherry Avenue, Piedmont Road, and two sections of Bollinger Road for a total of approximately 4.3 miles. • 2020 – Service Order No. 2: This task order included restriping of 10th and 11th Street from Hedding Street to Highway 280 within the downtown core of San Jose • 2021 – Service Order No. 1: This ongoing task order includes the restriping of eight corridors within San Jose including 1st Street, 4th Street, Bascom Avenue, Capitol Avenue, Landess Avenue, Lean Avenue, Monterey Road, and White Road for a total of approximately 16.8 miles. ON-CALL TRAFFIC ENGINEERING SERVICES, PALO ALTO | 2013-ONGOING | $1M Reference: Shahla Yazdy, City of Palo Alto, 250 Hamilton Avenue, Palo Alto, CA 94301, (650) 617-3151, shahla.yazdy@cityofpaloalto.org TJKM was selected to provide On-Call services to Palo Alto for several key projects in the City including: • Review of Alma Street Train Preemption Signal Phasing Alternative • Residential Permit Citywide Parking Inventory • Embarcadero Road Redesign to Palo Alto High School Traffic Simulations and Alternatives • Alma Street/Loma Verde Traffic Signal Warrant Analysis • On-Site On-Call Traffic Engineering Services • Midtown Parking Lot at Middlefield Road/Colorado Avenue Parking Layout Reconfiguration/Design • Staff On-Site Support for Safe Route to School Design and Construction Inspection Project • Middlefield Road North Safety Project Plan Design and Traffic Evaluation Report TJKM regularly attends and presents to the City of Palo Alto Planning Commission and Council meetings, and has had extensive involvement with neighborhood and community groups in various type of projects including traffic impact studies, multimodal, and complete street projects. Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D On Call Traffic Engineering Services, TE RFQ 20-24 | 7 SECTION B: STAFF QUALIFICATIONS & EXPERIENCE TJKM Staff Under the direction of Mr. Andrew Dickinson, our proposed staff will maintain the effectiveness and efficiency of the work and adhere to schedule to ensure final deliverables are to the satisfaction of the City and its Stakeholders. Decades of experience in the public sector will ensure a collaborative effort with City Staff, applicable commissions, City Council, and citizens. TJKM’s understanding of the latest requirements, technologies, trends, and standards will result in an excellent work product finished on time and within budget. Through our extensive experience, the TJKM Team our project team understands how to prepare scopes, budgets, and schedules to translate City requirements into successful projects. TJKM managers meet every Friday morning to discuss the company workload and schedule time for all staff. This meeting allows for managers to discuss current deadlines and adjust staff hours as needed to make sure projects will be completed on time. Availability Below we have included showing the availability for all the key personnel assigned to this contract. Name & Role Current Work Commitments % of Involvement Availability Nayan Amin, TE Principal-In-Charge SR 140 (North & South) Sign Inventory Study, Merced County 15% 40% US 101/San Antonio Road, Santa Clara County 20% Local Roadway Safety Plan, Various 10% Various Design Projects, California/Texas 15% Andrew Dickinson Project Manager On-Call Transportation Engineering, Modesto 15% 40% Traffic Signal Hardware Upgrade Phase 2, Concord 15% Traffic Signal Update HSIPL, Manteca 10% Various Design Projects, California 20% Ruta Jariwala, PE, TE QA/QC Valley Transportation Authority (VTA) Congestion Management Program (CMP) Monitoring & Conformance, Santa Clara County 15% 35% Local Roadway Safety Plan, Various Locations 30% Vision Zero & Action Plan, Various Jurisdictions 20% Vamsee Modugula Task Lead Statewide Freight & Travel Demand Model Update, California 15% 55% Solano Napa Activity Based Model (SNABM) Travel Model Update On-Call Land-Use, Transportation, & Socioeconomic Modeling & Forecasting Services, Solano & Napa Counties 15% Traffic Modeling Projects, Various Locations 15% Mark Doty Task Lead Local Roadway Safety Plan, Santa Cruz County 10% 45% Update/Expand Local Road Safety Plans, Mendocino County 15% Active Transportation Plan, Exeter 15% Active Transportation Plan, Fresno 15% Rutvij Patel, EIT Task Lead On-Call Task Order 2 Traffic Monitoring Station Designs, Caltrans District 5 20% 40% SR 140 (North & South) Sign Inventory Study, Merced County 20% On-Call Various Task Orders, Modesto 10% Various Design Projects, California 10% Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D On Call Traffic Engineering Services, TE RFQ 20-24 | 8 Name & Role Current Work Commitments % of Involvement Availability Praveena Samaleti Task Lead VTA CMP Monitoring & Conformance, Santa Clara County 30% 35% Various Traffic Impact Studies, California 20% Safe Streets & Roads for All Comprehensive Safety Action Plan, Colusa 15% Sandeep Paparaju Task Lead US 101/San Antonio Road, Santa Clara County 30% 25% On-Call Services, Concord 15% Traffic Congestion & Mobility Analysis, College Station 15% State Route 1 Traffic Highway Capacity Study, Mendocino County 15% Steven Matthew Dauterman, PE, TE, PTOE, RSP1 Task Lead Vision Zero Plan, South Lake Tahoe 10% 30% Various Traffic Impact Studies, California 35% Various Safe Streets and Roads for All, HSIP, and Active Transportation Program Grants, California 20% General Plan Update, Pittsburg 5% Key Staff Qualifications Due to page limit, we have included a table listing the names, years of experience, years with company licenses/certifications, specialized expertise, and description of experience for all the key personnel assigned to this contract. Full resumes are available upon request. TJKM understands that the City reserves the right to approve all key staff individually and all subcontractors for services performed under this Contract. Name, Role, Years of Experience/Firm Licenses Specialized Expertise Qualifications & Experience Nayan Amin, TE Principal-In-Charge 34 Years of Experience 16 Years with TJKM CA TE 2290 Traffic Operations Traffic Engineering On-Call Projects Transportation Planning Traffic Studies Transportation Management Plans Transit Priority Freeway & Arterial Management Studies Multimodal Studies On-Call Traffic/Transportation Engineering Services for the Cities of Concord, San Luis Obispo, Belmont, Brentwood, Fremont, Fresno, Millbrae, Oakley, Orinda, Palo Alto, Pittsburg, Redwood City, San Bruno, San Carlos, San Luis Obispo, Santa Clara, Seaside, South San Francisco, Tracy, Walnut Creek, & Town of Danville On-Call Traffic/Transportation Engineering Services for the Counties of San Luis Obispo, Fresno, Napa, San Mateo, San Joaquin, Santa Clara, & Yolo References Abhishek Parikh | City of Concord | (925) 671-3129 | abhishek.parikh@cityofconcord.org Ismael Hernandez | City of Madera (Formerly City of Dinuba) | (559) 661-5466 | ihernandez@madera.gov Andrew Dickinson Project Manager 8 Years of Experience 8 Years with TJKM N/A Traffic Handling Pavement Delineation Signage Plans Traffic Signal Design Complete Streets Design On-Call, San Jose Geometric & Complete Streets Design Services, San Jose On-Call Traffic Engineering Services, Palo Alto On-Call Traffic Engineering Services, Fremont On-Call Traffic Engineering Services, Concord On-Call Traffic Engineering Services, Millbrae On-Call Transportation Engineering, Planning & Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D On Call Traffic Engineering Services, TE RFQ 20-24 | 9 Name, Role, Years of Experience/Firm Licenses Specialized Expertise Qualifications & Experience Andrew Dickinson Continued Operations Services, Oakley On-Call Transportation Engineering & Traffic Engineering Services, Modesto HSIP Traffic Signal Improvement, Palm Desert HSIP Citywide Traffic Signal Hardware Upgrade Phase 1 & Phase 2, Concord Local Roadway Safety Plans for the Cities of Pico Rivera, Glendale, & Yorba Linda References Bassam Al-Beitawi | City of Palm Desert | (760) 776-6452 | balbeitawi@palmdesert.gov Max Navarro | City of Modesto | (209) 961-5116 | manavarro@modestogov.com Ruta Jariwala, PE, TE QA/QC 24 Years of Experience 12 Years with TJKM CA TE 2465 CA CE 73840 Traffic Operations Traffic Engineering Multimodal/Traffic Studies Signal Systems Bicycle & Pedestrian Studies Complete Streets Community Outreach On-Call Traffic/Transportation Engineering for the Cities of Concord, Fresno, San Luis Obispo, Belmont, Brentwood, Millbrae, Redwood City, Palo Alto, Dublin, San Bruno, Orinda, Oakley, San Carlos, San Jose, Walnut Creek, & Santa Clara On-Call Traffic/Transportation Engineering, Town of Danville On-Call Traffic/Transportation Engineering Services for the Counties of San Luis Obispo, San Mateo, San Joaquin, & Santa Clara Local Roadway Safety Plans for the Cities of Pico Rivera, Glendale, & Yorba Linda References Eugene Maeda | Santa Clara Valley Transportation Authority | (408) 952-4298 | Eugene.maeda@vta.org Kenner Guerrero | City of Pico Rivera | (562) 801-4351 | kguerrero@pico-rivera.org Vamsee Modugula Task Lead 27 Years of Experience 6 Years with TJKM N/A Transportation Planning On-Call Projects Traffic Engineering Training Traffic Forecasting Travel Demand Modeling Project Management Technical Transportation Planning, Modeling & Air Quality Planning & Conformity Analysis On- Call Services, Madera County Three County Model Base Year Update, Stanislaus, San Joaquin & Merced Counties Development Activity-Based Model, Tulare County SNABM Travel Model Update On-Call Land-Use, Transportation, & Socioeconomic Modeling & Forecasting Services, Solano & Napa Counties Travel Demand Model 2018 Update, Sonoma County Caltrans On-Call Modeling Support, Statewide References Robert Guerrero | Solano Transportation Authority | (707) 424-6075, rguerrero@sta.ca.gov Mahendra Patel | Caltrans District 10 (Formerly District 4) | (510) 407-7458 | mahendra.patel@dot.ca.gov Mark Doty Task Lead 18 Years of Experience 3 Years with TJKM N/A Stakeholder Engagement Urban Design Long Range Planning Safety Studies As-Needed Traffic Consulting, Beverly Hills On-Call Engineering Services, Coachella On-Call Services, Eureka & Thousand Oaks On-Call Traffic Engineering, Lancaster Local Roadway Safety Plans for the Cities of Pico Rivera, Glendale, Pittsburg, & Yorba Linda Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D On Call Traffic Engineering Services, TE RFQ 20-24 | 10 Name, Role, Years of Experience/Firm Licenses Specialized Expertise Qualifications & Experience References Kenner Guerrero | City of Pico Rivera | (562) 801-4351 | kguerrero@pico-rivera.org Russell Chen | County of Santa Cruz | (831) 454-2149 | russell.chen@santacruzcountyca.gov Rutvij Patel, EIT Task Lead 17 Years of Experience 11 Years with TJKM CA EIT 154117 On-Call Projects Traffic Operations Traffic Handling Bicycle & Pedestrian Implementation Complete Streets Safety Studies Traffic Signal Design Caltrans District 1 & District 5 On-Call Roadway Design Services, California Complete Streets Design On-Call, San Jose Geometric & Complete Streets Design Services, San Jose Bicycle Facilities On-Call Engineering, Fresno On-Call Traffic Engineering Services, Palo Alto On-Call Traffic Engineering Services, Fremont References Victoria Walker | City of Fremont | (510) 494-4756 | vwalker@fremont.gov Tianjun Cao | City of Concord | (925) 671-3243 | Tianjun.cao@cityofconcord.org Praveena Samaleti Task Lead 17 Years of Experience 8 Years with TJKM N/A Traffic Studies Signal Services Corridor/Complete Streets Multimodal Analysis Transportation Planning LOS/VMT Analysis On-Call Traffic Signal Timing, Oakley & Palo Alto I-580 Transit & Multimodal Strategy, Alameda Calaveras Boulevard Near-Term Improvements, Santa Clara County Hope Street TIS, Mountain View TIS at 29700 Ahern Road, San Joaquin County Avila Ranch Winery, Livermore Truck Parking at 3372 West 11th Street, Tracy References Dodgie Vidad | City of Stockton | (209) 937-8237 | Dodgie.Vidad@stocktonca.gov Billilee Saengchalern, PE, TE | City of Oakley | (925) 625-7154 | saengchalern@ci.oakley.ca.us Sandeep Paparaju Task Lead 11 Years of Experience 9 Years with TJKM N/A Transportation Planning Construction Management Corridor Studies Complete Streets Traffic Signal Systems Traffic Operations On-Call Traffic/Transportation Engineering Services for the Cities of Concord, Oakley, Tracy, Millbrae, San Bruno, & Pittsburg On-Call Traffic Engineering & Transportation Planning, Merced County MTC PASS, San Francisco Bay Area 2747 & 3045 Park Boulevard, Palo Alto University Avenue & Donohoe Street Signal Coordination, East Palo Alto Pedestrian & Bicyclist Safety & Connectivity Study, Dinuba References Abhishek Parikh | City of Concord | (925) 671-3129 | abhishek.parikh@cityofconcord.org Kevin Rohani | City of Oakley | (925) 625-7003 | rohani@ci.oakley.ca.us Steven Dauterman, PE, TE, PTOE, RSP1 Task Lead 6 Years of Experience 2 Years with TJKM CA CE 95938 CA TE 3088 PTOE 5306 RSP1 478 Planning Traffic Operations Roadway Safety Traffic Studies Geometric Design On-Call Traffic/Transportation Engineering Services for Concord, Oakley, & Eureka Lincoln Avenue/Middlefield Road Safety Audit, Palo Alto 3200 El Camino Real Parking Study, Palo Alto References Jeffrey Levers | San Joaquin County | (209) 953-7631 | jlevers@sjgov.org Brad Taylor, PE, TE | City of Lathrop | (209) 941-7438 | btaylor@ci.lathrop.ca.us Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D On Call Traffic Engineering Services, TE RFQ 20-24 | 11 Organization Chart The TJKM Team has been carefully crafted to provide the City with the full range of expertise. We have a fully integrated team under the direction of Mr. Nayan Amin, TE, Principal-In-Charge and Mr. Andrew Dickinson, Project Manager. Work will be conducted under the direct supervision/direction of our Project Manager, Mr. Dickinson. He will be responsible for day-to-day coordination/activities, maintaining the effectiveness and efficiency of the work, schedule, and ensuring the work products are to the satisfaction of the City and stakeholders. He anticipates working closely with the City staff to ensure understanding of the project objectives from start to project completion. In addition, we have a vast base of highly qualified technical members who will be made fully available to you as required based on the project needs. Below is our Organization Chart showing the staff the will be assigned to your contract. Subcontractors TJKM does not currently have plans of partnering with subconsultants. Should a subconsultant be required for the successful completion of future task orders, TJKM will receive approval from the City prior to the use of any subconsultant. 214-533-9647 Mark 925-201-1007 Sandeep 925-264-8332 Andrew 925-264-5023 Ruta Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D On Call Traffic Engineering Services, TE RFQ 20-24 | 12 SECTION C: PROJECT UNDERSTANDING & APPROACH Project Understanding It is our understanding that the City of Palm Springs is seeking On-Call professional support and expertise in traffic engineering services to complete a variety of projects. The On-Call Contract is intended to provide the City a flexible and effective way to respond to recurring service needs for multi-dimensional tasks covering a range of transportation engineering and traffic services. TJKM can provide all these services from our offices and will not need workspace or office space, printing/copying services, or clerical assistance from the City. We will collaborate with the City so any portions of a project either TJKM or City work on, there will be seamless coordination. TJKM has 50 years of experience preparing a wide range of traffic engineering and planning projects, including on- Call assignments. Because of our great familiarity with all the major aspects of transportation projects, we can determine the necessary staffing level required to perform the scope of service as may be required for a project when assigned. We are confident our work will satisfy the City’s goals and objectives for each project. TJKM has played an important role in the completion of numerous On-Call contracts. Over the years, we have gained invaluable insight and experience in managing individual assignments and the overall contract effectively. With this knowledge, TJKM will ensure that our services to the City will be timely, cost-effective, and of the highest quality, as we serve as an extension of City staff. A major goal for each assignment, will be to complete all phases within the agreed upon budget and schedule. The TJKM Team and proposed Project Manager, Mr. Dickinson have proven their ability to adhere to contract agreements in numerous transportation projects. EXPERTISE We understand the City has several responsibilities that they wish the consultant for the On-Call contract to provide. TJKM can provide the following to Palm Springs. Traffic Signal Design TJKM provides design services for traffic signal improvements, traffic signal interconnect communication systems, and design for complete streets, bicycle facilities, signing and striping, and traffic handling plans. TJKM has designed more than 3,000 traffic signals in nearly 200 jurisdictions throughout California. Our design staff are very experienced in preparing PS&E for new and modified traffic signal systems, and pavement delineation to improve capacity and safety. TJKM’S design staff has field and hands-on experience for constructible designs, with an extensive track record of successful design projects, and our team is dedicated to providing high quality and accurate PS&E. Many of our traffic signal design projects require design for interconnect and coordination that include fiber optic, copper wire, and wireless communications. TJKM’s staff routinely provides construction assistance for our design projects, including traffic calming devices and traffic signal systems. We attend pre-bid and pre-construction conferences to provide in-field assistance and work effectively with contractors. TJKM also designs traffic/construction zone control plans that show how traffic will be handled during construction periods. Our multimodal planning and design studies focus on transportation facility design, and also traffic operations analysis in support of environmental documentation meeting California Environmental Quality Act (CEQA) standards. Multimodal design alternatives are typically prepared and reviewed with City staff and community members in public forums. Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D On Call Traffic Engineering Services, TE RFQ 20-24 | 13 Traffic Signal Warrants TJKM has performed numerous traffic signal warrants, two-way and four- way stop warrants over the years using Caltrans Traffic Manual and California MUTCD and has prepared warrant studies as part of Traffic Impact Studies and Safety Analysis. Other warrants we prepared include left-turn needs, exclusive right-turn lane warrants, pedestrian high intensity activated crosswalk warrant, and lighted crosswalks warrant. PS&E Preparation TJKM as part of our extensive experience working on design related projects for both public agencies and private development bring wealth of knowledge in preparing PS&E for various projects. TJKM will follow the typical 35%, 65%, 95%, 100% PS&E submittal stages to deliver a high quality product to the City. At 35% level, it is typical to submit just plans and estimates to get a preliminary evaluation of the overall project layout and to ensure the estimate matches the allocated construction budget. Then for the rest of the submittal specifications will be provided to develop a high quality construction ready PS&E set. If bid support or construction support are needed TJKM will also assist on these tasks. This can include responding to Request for Information, reviewing submittals, providing record drawings and any other services required during the bidding process and construction. Attending Meetings TJKM has a combined total experience of about 70 years in the area of stakeholder outreach, including involvement in many meetings and hearings involving substantial areas of conflict among the participants. On any given week, it is not unusual for many of TJKM’s staff to attend, present, and answer project questions at city/town council or planning commission meetings, or transportation committee meetings related to our specific projects. We are very comfortable in this setting and skilled in presenting project technical content in a clear and concise manner for a non-technical audience. TJKM also regularly works with stakeholder’s committees and groups. For instance, in the numerous downtown traffic studies we have conducted, we have surveyed, interviewed, and worked closely with downtown business owners. For neighborhood traffic safety studies, we often will hold neighborhood community meetings in order to fully assess a project’s true issues. For school studies, we have met with school groups (PTAs, teacher groups, parents, and student committees) in order to convey the results of our studies. Document Control Making sure correct, up-to-date, and approved documents are being used is a key benefit of document control procedures. Out-of-date or inaccurate documents can be a cause for major concern and result in unnecessary project disruptions and potential delays. TJKM document control procedures include, document creation, document review and approval, document revisions, document publishing, and document obsoleting. TJKM will make sure that those responsible for document control are most qualified to do so. Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D On Call Traffic Engineering Services, TE RFQ 20-24 | 14 Traffic Impact Studies Traffic Impact Studies (TIS) are a specialty at TJKM that we are well trained and highly effective in analyzing potential impacts created by a new or modified development, and we develop creative solutions that our clients can implement. TJKM’s TIS services typically include Identifying Level of Service (LOS) deficiencies, recommending alternative circulation systems, producing forecasts using transportation models, and providing mitigation measures for traffic impacts associated with a proposed development. TJKM has conducted over 3,000 TIS as part of Environmental Impact Reports or as separate analyses. We have conducted studies for residential, retail, office, institutional, industrial, government, and recreational developments. Our clients include both private developers and government agencies. Traffic is often one of the major considerations in planning a new or modified development. A TIS usually occurs in the early stages of the project planning. The purpose of the study is to assist planners, in both the public and private sectors, in making major land use and other development decisions. Because TIS are a specialty at TJKM, we are well trained and highly effective in analyzing potential impacts created by a new development and can develop creative solutions that our clients can implement. We routinely attend City Council and Planning Commission meetings to support our findings and recommendations and have a successful track record of achieving accord between the developer’s vision and the best interests of the community. Administrative Functions & Support TJKM engineers and planners can perform any of the needed administration functions during our contract with your agency. We will prepare council reports; write or update staff reports, standards, resolutions, ordinances, and conditions of approval; and perform negotiations on behalf of the City, recommend change orders when applicable, and provide the overall contract administration for the project. Also, we can provide support during bidding, construction, and project closeout. We present to the City Council, Council Transportation Committees, Bicycle and Pedestrian Advisory Committees, and neighborhood groups. Other Traffic Engineering Design Services The TJKM Team has all the requisite technical experience that is required to complete any project successfully. Our team members have extensive knowledge and experience of traffic signal coordination, implementation and fine-tuning, traffic studies, intersection levels of service, freeway, and arterial operational studies, PS&E for signals and as-built plans, neighborhood and circulation plan studies, data collection, traffic handling plans, pedestrian and bicycle studies, traffic safety analysis, operational analysis, and signing and striping. About 20 percent of TJKM’s total project experience is derived from traffic studies that include traffic calming recommendations and design. • Traffic Circulation Plans - TJKM has extensive experience in crafting and implementing neighborhood and circulation plan studies that take into account existing traffic count data in order to develop various short and long-term strategies to improve traffic impacts on existing traffic circulation and other multimodal uses. TJKM often performs operational studies to develop measures that will improve traffic flow on arterials that perform either undesirably or inefficiently. Generally, these traffic operations are evaluated through a level-of-service process. • Analysis of Access and Circulation for Land Uses - TJKM’s studies have evaluated operations for a variety of land uses including infrastructure improvements, residential communities, regional shopping centers, industrial Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D On Call Traffic Engineering Services, TE RFQ 20-24 | 15 developments, public/private learning institutions, and more. A traffic impact study usually occurs in the early stages of the project planning. The purpose of the study is to assist planners, in both the public and private sectors, in making major land use and other development decisions. Because traffic impact studies are a specialty at TJKM, we are well trained and highly effective in analyzing potential impacts created by a new development and can develop creative solutions that our clients can implement. • Intersection and Street Improvement Plans - Our designers are also fully conversant with intersection and roadway improvement drafting standards and have extensive experience preparing plans as per Caltrans “Plans Preparation Manual” and “CAD User’s Manual of Instructions”. • Civic Analytics and Geographic Information System (GIS) - TJKM’s design staff has field and hands-on experience for constructible designs, with an extensive track record of successful design projects and our team is dedicated to providing high quality and accurate PS&E. TJKM can develop GIS databases using programs such as ArcView and MapInfo and use the data to integrate GIS with models. • Reviewing and Preparing CEQA Documents - TJKM provides transportation studies related to the environmental approval process for all types of land uses, including freeways (Project Study Reports/Project Reports), mixed- use, industrial, residential, office, retail, agricultural, institutional, and more. Our multimodal planning and design studies focus on transportation facility design and traffic operations analysis in support of environmental documentation meeting CEQA standards. • Software - TJKM has extensive experience forecasting future traffic volumes using all of the major travel demand modeling software packages, including TP+/Viper/CUBE. Our staff is thoroughly knowledgeable of all of the standard capacity analysis software including HCS, Synchro, VISSIM, VISTRO, SIDRA, Traffix, TransModeler, FREQ, and CORSIM. We also have experience in legacy software systems such as Transyt-7F for transitioning archived projects to new efforts. We are also adept with TransCAD, VISSUM, and CUBE for travel demand modeling. • Vehicle Miles Traveled and Highway Capacity Manual Traffic Forecasting, Studies, and Analysis - TJKM has extensive experience with Vehicle Miles Traveled (VMT) and Highway Capacity Manual traffic forecasting, studies, and analysis projects. TJKM is familiar with calculating VMT per capita and VMT per job metrics by Transportation Analysis Zone, city, and jurisdiction level. We have conducted analysis for a combination of residential, industrial, and commercial developments statewide. In order to address operating conditions on arterials that perform either undesirably or inefficiently, TJKM often performs operational studies to develop measures that will improve traffic flow. Generally, these traffic operations are evaluated through a Level of Service (LOS) process. Public agencies set thresholds for acceptable traffic conditions and if the actual or predicted conditions are lower, measures must be taken to bring them within the agency’s guidelines. TJKM’s services include data collection. Many of our engineers and technicians collect field data, including turning movement and volume counts. Data collected then is input into a program, such as TRAFFIX, VISTRO, Synchro, or SimTraffic, and analyzed to determine if the amount of traffic within the study area is acceptable to that governing agency’s standards. By observing traffic conditions personally, an engineer or project manager can then determine some of the more effective strategies that will actually work to improve operations rather than just sound good on paper. LOS analysis is a common type of study for TJKM and we can perform analysis of a single intersection or an entire region/study area. TJKM’s studies have evaluated operations for a variety of land uses including infrastructure improvements, Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D On Call Traffic Engineering Services, TE RFQ 20-24 | 16 residential communities, regional shopping centers, industrial developments, public/private learning institutions, and more. • Traffic Control Plans - The TJKM Team members have extensive experience in developing, crafting, and implementing worksite traffic control designs/plans for construction zones to ensure safety of construction workers and users of the roadway. We have developed traffic control plans for facilities operated by local agencies and states. These designs are developed to minimize or mitigate traffic impacts on existing traffic circulation and other multimodal uses within and adjacent to project worksites. Generally, these traffic operations are evaluated through a level-of- service process. Our team members are familiar with local and state guidelines and standards. • Signing and Striping Plans - On signing and striping projects, we bring valuable experience in inventorying existing conditions, developing base maps, and the preparing plans. We have designed signing and striping plans and specifications and prepared detailed signing and striping plans, traffic signal modification plans, traffic control plans, traffic calming plans, as well as small-scale pavement marking, signage, delineation, and concept plans for construction of roundabouts, road diets, road widening, installation of bike lanes or bike route improvements as well as roadway restriping to add share-the-road signs and markings as appropriate. Proposed Approach Our general approach for any task order assigned to the TJKM Team as part of the On-Call Contract is summarized below. Successful completion of task orders requires three elements that our team provides special emphasis on: 1. Proactive project management in close coordination with the client's staff 2. Thorough understanding of regulatory requirements, coupled with informal agency consultation early in the project to ascertain any specific permitting permutations, and agency attitudes 3. Careful and continuous assessment of the schedule so that tasks in the critical path are completed at the appropriate point in the project Our experience indicates that projects are most successful when clients and regulatory agencies coordinate closely when preparing a project description and while establishing the appropriate scope for and timing of technical studies. Our role as the City of Palm Springs’ Technical On-Call Traffic Engineering Consultant will be to focus on providing support and coordination to successfully fulfill technical studies, including sound scope development and schedule requirements. This approach relies upon strong leadership by Mr. Dickinson and task leads, who are thoroughly familiar with Palm Springs’ regulations pertinent to each discipline with the understanding that permitting requirements often drive the project schedule. Understanding the project’s critical path enables Mr. Dickinson to focus technical efforts, thereby maintaining cost efficiency and overall schedule as past have shown. The TJKM approach to successful completion of each task relies on a careful assessment of the likely technical and regulatory requirements of the project, and formulation of the appropriate team for the task. The size and structure of the task is tailored to meet the project schedule, and is designed to be of sufficient depth to provide flexibility with the flow of project demands. For each task order, Mr. Dickinson will consult with the City Project Manager to develop an appropriate scope and staffing matrix for each task. At that point, a detailed work plan will be established in consultation with the City, and the schedule is adjusted as necessary to meet the needs of the task through intensification of efforts in specific areas. Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D On Call Traffic Engineering Services, TE RFQ 20-24 | 17 Experience with Federally Funded Projects TJKM has completed numerous projects that have followed State and Federal procedures and processes. Some of these projects included state and federal Active Transportation Program funds, Congestion Mitigation and Air Quality, HSIP, and Section 130 funding. All of these projects required coordination with Caltrans Local Assistance Program for E-76 permit approval. The level of TJKM’s involvement has varied depending on the client. On some of these projects, TJKM has assisted the local agency with the completion of the Request for Authorization to Proceed package to Caltrans Local Assistance for Preliminary Engineering, National Environmental Policy Act clearance, and E-76 permit authorization for construction funds. We are familiar with the processes used to satisfy a variety of funding sources, and will draw upon our background and extensive experience to satisfy all city, state and federal procedures and processes. Some of the recent design projects completed with federal funds include: • HSIP Traffic Signal Improvements Project, Palm Desert • Citywide Traffic Signal Hardware Upgrade Phases 1 and 2, Concord • Pedestrian Countdown Signal Head Installation, Alhambra • Citywide Signal Hardware Upgrades, Citrus Heights • Citywide Signal Hardware Upgrades, Manteca • Three HSIP Projects for West Leland Corridor Safety Improvements, Pittsburg • Stoneman Avenue Pedestrian Hybrid Beacon Installations at Three Locations, Pittsburg • Stephens Road Diet and Countywide RRFB locations, Merced County • Mathilda at Indio Intersection Improvements, Sunnyvale • Sunnyvale-Saratoga Road at Mathilda Avenue/Talisman Road Traffic Signal, Bicycle and Pedestrian Safety, Sunnyvale • Local Roadway Safety Plan, Pico Rivera • Local Roadway Safety Plan, Glendale • Safe Routes to School 2015, Sunnyvale • Downtown Concord Pedestrian and Bicycle Lane Improvements, Concord • Transit Loop Signals at 11th Street, Union City • HSIP Project Signal Modifications at Two Intersections, Sunnyvale • Marin Elementary Safe Route to School Project, Albany • Hunter Street Road Diet, Stockton • Miner Avenue Complete Streets PS&E, Stockton Coordination Approach Our firm designs and permits hundreds of projects each year. TJKM has prepared and completed numerous conditions of approval for municipalities and agencies in order for respective projects to move forward in the permitting process. We have coordinated projects with multi-jurisdictional public agencies involvement in the review, approval, permitting, and construction phasing of large public works/transportation projects. We can seamlessly coordinate with other agencies including City staff, Caltrans, CVAG, local agencies, utility companies, and other regulatory and permitting agencies. The key is to have a clear and specific understanding of agency priorities, goals, and expectations for the particular project. Public agencies set thresholds for projects and coordination is crucial to ensure that agency and permitting and utility is aligned in the proper way to complete the project on time and on budget. Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D On Call Traffic Engineering Services, TE RFQ 20-24 | 18 Innovative Solutions TJKM commits a dedicated staff of seasoned, experienced traffic experts who have demonstrated capabilities to meet the technical, managerial, and schedule challenges to be encountered during this On-Call services task orders. TJKM staff will identify any project problems, issues, or conflicts ahead of time before they need to be resolved. TJKM has implemented different techniques in order to help prevent and handle unforeseen problems that can occur during a project. A couple techniques TJKM has found the most successful is by conducting fieldwork early and often for all projects that involve existing field conditions. By doing so, TJKM is able to predict future unforeseen construction issues, traffic issues, and other issues, which may be relevant to specific projects. By conducting fieldwork and collecting data at each project location, TJKM is able to track existing field conditions and adapt to those conditions for the proposed project. Furthermore, preparing a cost estimate early on in project development, this helps the City out in understanding budget constraints. During this stage, TJKM also helps the agency identify other funding sources to accomplish the work. An innovative technique that TJKM has implemented for some of our design projects is using the existing or creating a Citywide GIS database. This allows TJKM to document the existing or proposed equipment/data at the location within the City. This allows the City to have an existing inventory of equipment for projects that are relevant such as sign inventory, signal inventory, lighting inventory, locations of current projects, or any other information requested by the City. TJKM will also assist the City with putting any information requested for the public on the City’s webpage. Approach to Project Control The TJKM Project Management Plan that will be used on these projects is based on proven management, lessons learned and administrative systems developed to enhance communication among the City of Palm Springs, the TJKM Project Manager and team members, and other affected agencies. This management approach has been use d successfully on numerous projects throughout California. The Plan has the following elements: WORK PLAN We will prepare a Work Plan upon receipt of a Notice-to-Proceed with detailed work elements including definition of the project, objectives, scope of services, staffing, budget, coordination, schedule, deliverables, and monitoring/reporting procedures. COORDINATION/COMMUNICATION The key to our success is an integrated team approach. Our goal is "no surprises’. We will maintain close and regular communication with your Project Manager in personal or via telephones scheduled conference calls, emails, or meetings. Our firm strongly believes in the necessity and benefits of management with scheduled monthly progress meetings to discuss issues, deliverables, status, products, invoicing items, problems encountered that may affect schedule and budget. This will ensure clear communication and that our "no surprises" goal is maintained. COST CONTROL Control of costs will be accomplished by monitoring on a task level basis. This detailed task level will roll up into milestone and project summary. Our accounting system is a "live" database that the manager can access to determine the financial status at any time. Cost control reporting will be implemented through the invoicing process with progress reports to relay information on progress and critical issues. SCHEDULE CONTROL Establishing a schedule that meets the project objectives is relatively easy, maintaining it during changing project priorities and unforeseen conditions is a challenge. Frequent and effective communication your agency is needed to maintain the schedule and ensure a quality product. The scope will be broken down by function and separated into tasks that will be linked logically and sufficiently detailed to allow for realistic delivery of the project. Progress will be monitored by percent complete for each task. Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D On Call Traffic Engineering Services, TE RFQ 20-24 | 19 QUALITY ASSURANCE/CONTROL PROCEDURES Quality Assurance/Control is an integral part of TJKM’s entire process, which is integrated into our scope, and AutoCAD design and drafting processes. TJKM’s Quality Assurance procedures are utilized throughout the life of the project from the proposal stage and continues through the completion of all assignments. To assure that errors, omissions and ambiguities are limited to an absolute minimum, the responsibilities for technical review, peer review/coordination checking, and audit functions are assigned to the appropriate Team members. All formal Quality Control Reviews will result in comments recorded on Comment Sheets. TJKM’s plan ensures that you will receive thorough/accurate documents and reports prepared consistent with local agency and Caltrans guidelines. Additional Information Successful completion of projects requires three elements that our team consistently emphasize on: 1. Clear understanding of the task, schedule, budget, community interests, elected official’s perspective, City’s approval and permitting processes, and related matters affecting the successful outcome of the project. 2. Assigning the most skilled team member(s) to assist the Project Manager for each task, rather than merely those most readily available. 3. Proactive project management in close coordination with the City staff, and keeping City Staff informed about the status of key milestones and any potential challenges before they surface. Challenges Key or critical issues that TJKM has resolved include: • TJKM has been given tight deadlines by many jurisdictions as part of the on-call contracts. This includes projects that need to be completed with the Caltrans HSIP deadline. TJKM worked with the City to make sure that all correct documentation and steps were taken in order to submit the plans and get approval from Caltrans within the assigned time period. • For projects in construction that involve the contractors having questions during construction in which the City is unable to answer, TJKM is there to assist the City and provide responses to the contractor. This includes both a Plan A and Plan B situation for construction items that require it. This helps make sure that the contractor is not delayed so they are able to meet the working days’ deadline assigned to the project. By reducing back and forth with the contractor, TJKM is able to reduce the total construction time for projects. Steps for successful project delivery include: • Coordination and Communication - Within the TJKM Team itself, with Palm Springs, and other applicable staff and stakeholders, coordination and communication will ensure a successful project delivery. • Email - We use email correspondence to document communication between TJKM and our clients, but we also value more personable forms of communication, such as phone calls and in person meetings. • Virtual Conferencing - We can use any platform acceptable to our clients for virtual meetings. All meetings can be in Zoom, Microsoft Teams, Google Meet, WebEx, GoTo Meeting, or Skype with screen sharing capability. • Google Docs - TJKM will also maintain all agendas, meeting notes, and action items through a Google Doc that will be a living document throughout the life of the project that will provide an open and up-to-date communication platform. This will also assist in overseeing the Plan development and ensure that all measures of the project's scope of services are completed in a timely and professional manner with an emphasis on providing the City with a high-quality product. Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D On Call Traffic Engineering Services, TE RFQ 20-24 | 20 SECTION D: FINANCIAL RESPONSIBILITY TJKM was founded in 1974 and since then has been providing professional services to its clients, with more than $8 million in annual revenue and strong cash flow. As demonstrated in this Statement of Qualifications, the TJKM Team provides unmatched depth and breadth of human, technological, and financially stable resources to provide technical expertise in Traffic Engineering on an On-Call basis. TJKM has not filed for bankruptcy under any business name over the past five years. SECTION E: FORMS TJKM has provided the completed the forms listed in the Request for Qualifications as a separate upload in Section 7 – Attachments. SECTION F: FEE SCHEDULE TJKM has provided the Fee Schedule on the form provided (Attachment H) as a separate upload. Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D CALIFORNIA | FLORIDA | TEXAS Corporate Office 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 925.463.0611 | www.TJKM.com Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D EXHIBIT "E" Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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 endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 7/29/2024 AssuredPartners Design Professionals Insurance Services,LLC 3697 Mt.Diablo Blvd Suite 230 Lafayette CA 94549 Jennifer Aguirre 626-381-9091 CertsDesignPro@AssuredPartners.com License#:6003745 Travelers Property Casualty Company of America 25674 TJKM000-01 Travelers Casualty and Surety Co of America 31194TJKM dba:TJKM Transportation Consultants 4305 Hacienda Dr.Suite 550 Pleasanton CA 94588 The Travelers Indemnity Company of Connecticut 25682 683693378 A X 1,000,000 X 1,000,000 X Contractual Liab 10,000 Included 1,000,000 2,000,000 X Y Y 6800J039683 4/1/2024 4/1/2025 2,000,000 C 1,000,000 X X X Y Y BA5R185660 4/1/2024 4/1/2025 A X N Y UB0K938923 4/1/2024 4/1/2025 1,000,000 1,000,000 1,000,000 B Professional Liab &Poll.Liab 106898029 4/1/2024 4/1/2025 $5,000,000 per Claim $5,000,000 Annl Ag Re:City of Palm Springs On-Call Traffic Engineering Services.RFQ #20-24 The City of Palm Springs,its officials,employees,and agents are named as an additional insured as respects general liability and auto liability as required per written contract.General Liability is Primary/Non-Contributory per policy form wording.Insurance coverage includes waiver of subrogation per the attached endorsement(s). 30 Day Notcie of Cancellation City of Palm Springs 3200 E.Tahquitz Canyon Way Palm springs CA 92262 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or "property damage" occurs. Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5.,Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us,of the prior to any "accident"or "loss",provided that the CONDITIONS Section:"accident"or "loss"arises out of the operations 5.Transfer Of Rights Of Recovery Against Oth-contemplated by such contract.The waiver ap- ers To Us plies only to the person or organization desig- nated in such contract.We waive any right of recovery we may have against any person or organization to the extent CA T3 40 02 15 ©2015 The Travelers Indemnity Company.All rights reserved.Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy #BA5R185660 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D COMM RCI L AUTOE A T IS ENDORSEMENT CHANGES T E POLICY.PL ASE READ IT CAREFULLY.H H E BLANKET ADDITIONAL INSURED Thi e dorseme t m d fie i surance prov ded under he f l o ing:s n n o i s n i t o l w BUS NE S A TO OV RAGE F RMI S U C E O M TO CA RI R COV RA E F RMO R R E E G O The fo lo ing i added to Parag aphl w s r c.in A.1.,Who be ween you and that pe son or organiza ion,that istrt Is An Insu edr,of SECTION II CO E ED AU OV R T S si ned by yo be o e the "bodi y injury or "prope tyg u f r l " r L ABI I Y CO E AGEI L T V R in the BUSIN SS AUTE O dam ge occur and that is in ef e t during the pol cya " s f c i CO ERAGE FO MVR and Pa agraphr e.in A.1.,Who Is pe iod,to nam as an addi ional insured fo Cov redretr e An Insu edr,of SECT ON II CO ERED AU OIV T S Auto Liabil ty Cov rage,but o ly fo dam ges tos i e n r a L ABI I Y CO ERAGEI L T V in the MOT R CARRIEOR whi h this insurance applie an only to the ex ent ocs d t f CO ERAGE FO MVR,whichev r Co erage Form i that perso 's o o ganizat o 'se v s n r r i n lia il ty fo the co ductb i r n pa t o y ur poli y o anot er "in ured".r f o c :f h s Thi i cl de any perso or organi ation who you ares n u s n z re ui ed unde a written cont a t o ag ee entq r r r c r r m CA 4 37 2 16T 0 ©2016 The Travelers Indemnity Company.All rights reserved.Page 1 of 1 Includes copyrighted material of nsurance Services OfIf ce,Inc.with its permis ion.i s Policy:BA5R185660 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this methoo, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis. this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury'' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit perioo we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation , and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written not ice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, prooucts or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1000219 Includes copyrighted material of Insurance Services Office, Inc. with its permiss ion. Policy #6800J039683Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D COMMERCIAL GENERAL LIABILITY that is available to any of your "employees"occupational therapist or occupational for "bodily injury" that arises out of providingtherapy assistant, physical therapist or or failing to provide "incidental medicalspeech-language pathologist; or services" to any person to the extent not(b)First aid or "Good Samaritan services"subject to Paragraph 2.a.(1)of Section II –by any of your "employees" or "volunteer Who Is An Insured.workers", other than an employed or volunteer doctor. Any such "employees"K. MEDICAL PAYMENTS – INCREASED LIMIT or "volunteer workers" providing or failing The following replaces Paragraph 7.ofto provide first aid or "Good Samaritan SECTION III – LIMITS OF INSURANCE:services" during their work hours for you 7.Subject to Paragraph 5.above, the Medicalwill be deemed to be acting within the scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business.because of "bodily injury" sustained by any one person, and will be the higher of:3.The following replaces the last sentence of Paragraph 5.of SECTION III – LIMITS OF a.$10,000; orINSURANCE: b.The amount shown in the Declarations ofFor the purposes of determining the this Coverage Part for Medical Expenseapplicable Each Occurrence Limit, all related Limit.acts or omissions committed in providing or failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION – PROFESSIONAL LIABILITYservices" to any one person will be deemed The following is added to Paragraph 4.b.,to be one "occurrence".Excess Insurance, of SECTION IV –4.The following exclusion is added to COMMERCIAL GENERAL LIABILITYParagraph2.,Exclusions, of SECTION I –CONDITIONS: COVERAGES – COVERAGE A – BODILY This insurance is excess over any of the otherINJURY AND PROPERTY DAMAGE insurance, whether primary, excess, contingentLIABILITY:or on any other basis, that is ProfessionalSale Of Pharmaceuticals Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION –pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACTknowledge or consent of the insured.OR AGREEMENT5.The following is added to the DEFINITIONS The following is added to Paragraph 8.,TransferSection: Of Rights Of Recovery Against Others To Us,"Incidental medical services" means:of SECTION IV – COMMERCIAL GENERAL a.Medical, surgical, dental, laboratory, x-LIABILITY CONDITIONS: ray or nursing service or treatment,If the insured has agreed in a written contract oradvice or instruction, or the related agreement to waive that insured's right offurnishing of food or beverages; or recovery against any person or organization, we b.The furnishing or dispensing of drugs or waive our right of recovery against such personmedical, dental, or surgical supplies or or organization, but only for payments we makeappliances.because of: 6.The following is added to Paragraph 4.b.,a."Bodily injury" or "property damage" thatExcess Insurance, of SECTION IV –occurs; orCOMMERCIAL GENERAL LIABILITY b."Personal and advertising injury" caused byCONDITIONS: an offense that is committed;This insurance is excess over any valid and subsequent to the signing of that contract orcollectible other insurance, whether primary, excess, contingent or on any other basis,agreement. CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy #6800J039683 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (A) POLICY NUMBER: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be %of the California workers'compensation pre- mium. Schedule Person or Organization Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insurance Company Countersigned by DATE OF ISSUE:Page 1 of 1 Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. UB0K938923 Travelers Property Casualty Company of America 7/29/2024 Docusign Envelope ID: 946829C5-2A41-4169-9896-458D7F672C8D