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HomeMy WebLinkAbout24P382 - Kimley-Horn and Associates, Inc.CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Professional Services Agreement Kimley-Horn and Associates, Inc. Jean Fares, Vice President Jean.Fares@kimley-horn.com On-Call Civil Engineering Services NTE $5,000,000 3 years (with 2 one year options) On file Jean Fares, Jean.Fares@kimley-horn.com Frank Hoffman, Frank.Hoffmann@kimley-horn.com Engineering Services Joel Montalvo / Anthony Acosta X8740 November 21, 2024, Item 1MM 24P382 N/A Yes Yes Yes Department N/A No Agreement and insurance are attached. N/A 12/03/2024 Vonda Teed Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 Page 1 of 18 CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT 24P382 ON-CALL CIVIL ENGINEERING SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this 1st day of December, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation, (hereinafter referred to as “City”) and Kimley-Horn and Associates, Inc. (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.” RECITALS A.City has determined that there is a need for As-Needed, “On-Call” Civil Engineering Services for a variety of future civil engineering projects, (hereinafter the “Project”). B.Consultant has submitted to City a proposal to provide As-Needed, “On-Call” Civil Engineering Services for a variety of future civil engineering projects to City pursuant to the terms of this Agreement. C.Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D.City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A,” which is attached hereto and is incorporated herein by reference (hereinafter referred to as the “Services” or “Work”). 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 acknowledges that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant is a provider of 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 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 Documents”). The City’s Request Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 Page 2 of 18 for Proposals and the Consultant’s Proposal, which are attached as Exhibits “B” and “C” respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant’s Proposal. All provisions of the Scope of Services, 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. 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 affirms that Consultant (a) has investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be 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: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 Page 3 of 18 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. 2.0 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. 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 Director of Engineering/City Engineer or the City Manager as provided in this Section 2.1. 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 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 necessary by the City; Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant hereby acknowledges that it accepts the Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 Page 4 of 18 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 use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement. If such appropriations are not made, the City Manager may terminate this Agreement as provided in Section 8.3 of this Agreement; otherwise, there shall be no funding for any 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: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 Page 5 of 18 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 December 1, 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: Frank Hoffman, PE, Project Manager. 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 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 Page 6 of 18 Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, 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 ventures 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. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 Page 7 of 18 C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subconsultants, or agents, Consultant shall indemnify City for all such financial obligations. 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 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 Page 8 of 18 for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) acknowledge 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 form property damage, products and completed operations. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 Page 9 of 18 D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non- owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: 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 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 Page 10 of 18 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. 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. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 Page 11 of 18 5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 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 reasonable 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 applicable Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 Page 12 of 18 federal, state, or local law or ordinance or to the extent arising out of, pertaining to, or relating to any negligent 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 or active 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 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 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 Page 13 of 18 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 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 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 Page 14 of 18 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 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 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 Page 15 of 18 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. 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 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 Page 16 of 18 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. 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: Kimley-Horn and Associates, Inc. Attention: Frank Hoffman, PE, Project Manager 73-700 Dinah Shore Drive, Unit 101 Palm Desert, CA 92211 Telephone: (760) 610-0819 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. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 Page 17 of 18 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. 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 “E” (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: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 Page 18 of 18 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND KIMLEY-HORN AND ASSOCIATES, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONSULTANT: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: : Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: 11/21/2024 Item No. 1MM 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: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 12/3/2024 12/4/2024 12/4/2024 EXHIBIT “A” SCOPE OF SERVICES Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 2 SCOPE OF SERVICES Background: 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 services shall be performed in compliance with industry and professional standards and all applicable federal, state, and local laws, ordinances and regulations including Americans with Disabilities Act (ADA), Greenbook, Caltrans, (or most applicable or current edition at the time of assigned project), and the rules and ordinances of the County of Riverside and the City of Palm Springs. Scope: It will be the responsibility of the Consultant to determine the necessary staffing level required to perform the scope of service as may be required for a project when assigned. The City will not provide dedicated 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. Roadway design and reconstruction. B. Grading and drainage plans. C. Stormwater management and compliance with NPDES regulations. D. Utility coordination and design. E. Act as the City of Palm Springs representative on contract document interpretation and related contract matters during construction of projects. F. Prepare or examine engineering plans, specifications, designs, cost estimates, bid proposals, and legal descriptions. G. Represent the City in meetings with contractors, developers, other agencies, utility companies, and/or Caltrans. H. Review/evaluate complex plans and studies prepared by developers, consultants, utilities, and others. I. Perform contract administration functions, negotiations on behalf of the City, and recommend change orders when applicable. J. Create or update City standards as it relates to City civil engineering standards. K. Provide support during bidding, construction, and project closeout. L. Prepare and submit necessary documents, and coordinate with various regional, county, state, federal, and utility companies. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 3 M. Assist with bidding procedures, prepare bid summaries, and make recommendations for consideration to award contracts for planning, design, and/or construction. N. Prepare correspondence, reports, studies, and memoranda necessary to administer various City capital improvement projects. O. 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. P. Attend project development team meetings and other stakeholder and community meetings for the projects. Q. Employ project administration, contract administration, and project control techniques to ensure projects are delivered within approved scope, schedule, and budget. R. Other duties as requested by the City Engineer Schedule: Work will commence on issuance of individual task orders and the task orders will define the schedule for the work. 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 Consultant 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 City. There is no specific amount of work guaranteed as this is an on-call contract. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 EXHIBIT “B” REQUEST FOR QUALIFICATIONS Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 CITY OF PALM SPRINGS, CA ENGINEERING SERVICES DEPARTMENT REQUEST FOR QUALIFICATIONS CE RFQ 20-24 ON CALL CIVIL ENGINEERING SERVICES ISSUED: SEPTEMBER 19, 2024 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 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 29 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 3 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 Civil 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 civil engineering items such as street improvements, parking lot design, grading, drainage improvements, utility coordination, preliminary planning and cost estimating for existing and future projects, etc. The selected consultant(s) shall be required to demonstrate successful experience and capacity to provide civil 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 Responder 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 September 19, 2024 Request for Clarifications from Responders due October 7, 2024, 12:00 pm PST Request for Qualifications due October 16, 2024, 12:00 pm PST Interviews if desired by City October 24, 2024 Contract awarded by City Council on November 14, 2024 1.5 RFQ Documents Location https://pbsystem.planetbids.com/portal/47688/portal-home (See CE RFQ 2024.) 1.6 Evaluation of Qualifications and Award of Contract This solicitation has been developed in the Request for 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, firms 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 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 4 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 15 years’ experience providing civil engineering services for public works projects and a minimum of 25 years providing civil engineering services (inclusive of public/private CE 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 civil engineering related work for a public agency. The firms’ contract price for these projects must be equal to or greater than $150,000 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: Anthony.Acosta@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, State or Federal law. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 5 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 Services 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 evidence. 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 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 6 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 may 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 Government 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. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 7 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 protection 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 laws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys’ fees, brought by a person challenging the City’s refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a 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 Responder’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. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 8 3.12 Non-Collusion: The undersigned, by submission of this procurement form, 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 the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the 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 Professional 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 Professional 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 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 9 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, 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 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 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 10 SECTION 4 – SCOPE OF WORK 4.1 Background: The City utilizes qualified professionals to provide licensed On-Call Civil Engineering Services for various projects ranging from street improvements, parking lot design, grading, drainage improvements, utility coordination, preliminary planning and cost estimating for existing and future projects, 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 Civil 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. Street Improvement projects. B. Sewer Improvement projects. C. Storm drainage projects – Miscellaneous storm drain improvement projects as determined by the staff. D. Grading and drainage plans. E. Preliminary planning and cost estimating for capital improvement projects. F. Act as the City of Palm Springs representative on contract document interpretation and related contract matters during construction of projects. G. Prepare or examine engineering plans, specifications, designs, cost estimates, bid proposals, and legal descriptions. H. Represent the City in meetings with contractors, developers, other agencies, utility companies, and/or Caltrans. I. Review/evaluate complex plans and studies prepared by developers, consultants, utilities, and others. J. Perform contract administration functions, negotiations on behalf of the City, and recommend change orders when applicable. K. Create or update City standards as it relates to City civil engineering standards. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 11 L. Provide support during bidding, construction, and project closeout. M. Prepare and submit necessary documents, and coordinate with various regional, county, state, federal, and utility companies. N. Assist with bidding procedures, prepare bid summaries, and make recommendations for consideration to award contracts for planning, design, and/or construction. O. Prepare correspondence, reports, studies, and memoranda necessary to administer various City capital improvement projects. P. 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. Q. Attend project development team meetings and other stakeholder and community meetings for the projects. R. Employ project administration, contract administration, and project control techniques to ensure projects are delivered within approved scope, schedule, and budget. S. Environmental clearance for CEQA. T. 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 City. There is no specific amount of work guaranteed as this is an on-call contract. END SECTION Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 12 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 8½ X 11 format, minimum 11pt font size, minimum ¾” margins, and may be no more than a total of 20 electronic pages, including cover letters, organization charts, and appendices. NOTE: Front and back Covers, dividers, attachments (including resumes) 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 civil 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 Provide information and references requested in Section 2.2B – Related Projects. 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, years of experience, years with company, and summarize qualifications/experience of each key staff/team member. B.4. Provide an organization chart. B.5. Provide information of related projects the key staff have worked on that would make them well suited for this contract. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 13 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 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 14 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 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 15 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 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 EXHIBIT “C” CONSULTANT'S SIGNED PROPOSAL Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs PREPARED FOR: Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 i Table of Contents Cover Letter 1 SECTION A: Firm Qualifications and Experience 2 SECTION B: Staff/Team Qualifications and Experience 9 SECTION C: Demonstrated Understanding of the Overall Project and Requested Scope of Work 14 SECTION D: Financial Responsibility 20 SECTION E: Forms (Attachments) i Appendix A-1 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for 73-700 Dinah Shore Drive, Unit 101 Palm Desert, CA 92211 TEL 760.565.5103 City of Palm Springs  TRCACOAC002533.2024 1 Cover Letter October 16, 2024 City of Palm Springs Engineering Services Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: Statement of Qualifications for On-Call Civil Engineering Services Dear Members of the Selection Committee: The City of Palm Springs (City) delivers an impressive capital improvements program, which supports the City’s approximately 44,000 permanent residents, and 1 million visitors per year. With a relatively small engineering team, the City needs a skilled, responsive, and creative consultant to support them in implementing their ambitious program. Kimley-Horn is dedicated to continuing our partnership with the City. With a proven track record of responsiveness, demonstrated experience, and a wealth of resources, we are committed to providing quality support services and long-term planning for the City. Over the past five years, we have successfully served the City under the On-Call Civil Engineering Services Contract, showcasing our local expertise and commitment to excellence. Our highly qualified team offers the right balance of project management and technical expertise, equipping us with the right tools to tackle the City’s most challenging projects. Our team presents the following key benefits for the City: Local Responsive Team with Robust Resources. Kimley-Horn has assembled a tailored local team, led by returning project manager Frank Hoffmann, PE, to deliver this On-Call Contract. A resident of Palm Springs, Frank is passionate about enhancing the vibrant community through innovative solutions. Our local Coachella Valley office is just nine miles away from City Hall, where we have a full team of seasoned engineers, analysts, and planners with direct experience in Palm Springs. We are committed to hiring within the Coachella Valley and have brought on five new engineers within the last two years who are Coachella Valley natives. Not only does our team have a deep understanding of the City’s format, procedures, and expectations, we know the importance of being “on-call.” We have demonstrated this through both the On-Call Civil Engineering Services and On-Call Traffic Engineering Services contracts; we can act quickly and deliver on unique requests. Civil engineering projects are often multidisciplinary, engaging environmental, landscape architecture, traffic, community outreach, and related disciplines; therefore, the ability to onboard different professionals promptly will be important for this contract. Our local team is dedicated to this contract; with unique requests we can be supported by the robust resources of our firm’s business center, allowing us to mobilize any of our disciplines across 100+ offices at a moment’s notice. Authentic and Unique Knowledge of the City. Acting as the City’s primary point of contact for communications, Frank offers invaluable local knowledge and expertise of the area. Over the past five years, Frank and his team have been involved in over 15 civil, traffic, community outreach, and landscape projects within the City of Palm Springs. This experience provides our team with the unique knowledge of the City’s preferences, overlapping projects, outside agencies, and common challenges, and solutions to implementation. Having this deep understanding creates a strong foundation for any complex task order presented under this contract. Proven, Creative, and Innovative Approach Palm Springs needs a consultant with the experience and commitment to deliver responsive service while utilizing the latest industry standards and thinking outside the box. We understand the importance of using standards but recognize that adherence to the status quo can lead to unnecessary delays and costs for a project. We are innovators who go beyond referencing manuals and Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 2 We are motivated by the opportunity to continue our partnership with the City of Palm Springs and dedicated to helping you meet your short-term needs and long-term goals. Should you have any questions regarding our proposal, please contact project manager Frank Hoffmann, PE at 760.610.0819, frank.hoffmann@kimley-horn.com, or at the address on the previous page. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Frank Hoffmann, PE Jean Fares, PE* Project Manager Principal-in-Charge/Senior Vice President *Jean Fares is authorized by Kimley-Horn to bind the firm to the terms of the proposal. SECTION A: Firm Qualifications and Experience A.1 – Firm History and Minimum Qualifications Firm Profile Founded in 1967, Kimley-Horn is a privately held corporation that has grown over the last 57 years into a leading engineering consulting firm offering comprehensive and innovative traffic, civil, structural, and environmental engineering, landscape design, and development review services to public and private agencies throughout the United States. We employ more than 8,200 personnel in 134 offices nationwide, with 13 offices in California—including our local Coachella Valley office located just nine miles from the City’s offices—staffing over 800 engineers, planners, analysts, and administrative staff. Kimley-Horn is recognized as a leader in engineering consulting for both the public and private sectors. Our clients include local municipalities, regional Metropolitan Planning Organizations (MPOs), state Departments of Transportation (DOTs), federal agencies, local and national private developers, and more. According to Engineering News-Record, our firm now ranks 10th overall among the nation’s top 500 design firms. Our growth is the result of the firm’s commitment to integrity and a dedication to providing quality services—in fact, more than 90 percent of our work comes from repeat clients, including the City of Palm Springs. We provide our clients with the local knowledge and responsiveness of a small firm, backed by the depth of resources that only a national firm can offer. Some of our principal practice areas include: ◢Civil Engineering ◢Roadway and Streetscape Design ◢ADA Street and Design Guidelines ◢Landscape Achitecure ◢Active Transportation Planning and Design ◢Parking Studies and Implementation ◢Transit Planning and Design ◢Environmental/CEQA Clearance ◢Caltrans Coordination ◢Transit Planning and Design ◢Design Support During Construction ◢Safe Routes to School Programs ◢Pedestrian and Bicycle Facilities Planning and Design ◢Drainage/Sewer/Utility Coordination effectively deploy standards to address the City’s specific needs. We approach each project uniquely and expect the unexpected, while building from the knowledge gained from our previous work in the City. Considerations that go into each project include community outreach, agency coordination, potential utility and design conflicts, environmental process, and opportunities to secure and leverage funding sources. Our demonstrated experience in Palm Springs provides us with lessons learned and institutional knowledge that helps us think several steps ahead in the project. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 3 ◢Estimating ◢Traffic Engineering, Traffic Operations, and Transportation Planning ◢Traffic Signal Design, Upgrades, and Timing ◢Traffic Impact Analysis and Calming Studies ◢Traffic Control Plans ◢Signing and Striping Design ◢Street Circulation Planning and Design ◢Street Lighting and Photometric Analysis ◢Intelligent Transportation Systems (ITS) Planning and Design ◢Park Design and Recreational Facilities ◢Peer Review and Plan Review ◢Grant Writing and Administration ◢Staff Augmentation Why Kimley-Horn? On-Call Experience Kimley-Horn understands what it means to provide services on an as-needed basis for local governments. Our professionals specifically understand the complexities associated with on-call assignments and know how to develop solutions unique to each community we serve. We have an extensive history of successfully completing on-call projects on time and within budget. Since our founding, on-call clients have been a top priority, and our goal is to serve as an extension of the City’s staff. The map below illustrates a number of our current On-Call Contracts and similar projects throughout Southern California, proving that we have the comprehensive experience needed to successfully work with you on this important contract. 11 SAN BERNARDINO KERN RIVERSIDE SAN DIEGO IMPERIAL ORANGE VENTURA LOS ANGELES Southern California On-Call Contracts • Caltrans (District 11) • City of Agoura Hills • City of Anaheim • City of Artesia • City of Bakersfield • City of Banning • City of Beaumont • City of Beverly Hills • City of Brawley • City of Burbank • City of Calexico • City of Carlsbad • City of Chino • City of Chino Hills • City of Chula Vista • City of Coachella • City of Colton • City of Compton • City of Culver City • City of Diamond Bar • City of Downey • City of Eastvale • City of Encinitas • City of Fillmore • City of Fontana • City of Fullerton • City of Gardena • City of Hawthorne • City of Hermosa Beach • City of Huntington Beach • City of Imperial Beach • City of Indian Wells • City of Inglewood • City of Irvine • City of Lake Elsinore • City of Lancaster • City of Long Beach • City of Los Angeles • City of Los Angeles, Bureau of Engineering • City of Los Angeles, Department of Transportation • City of Malibu • City of Menifee • City of Montclair • City of Moreno Valley • City of National City • City of Newport Beach • City of Norwalk • City of Oceanside • City of Orange • City of Palmdale • City of Palm Desert • City of Palm Springs • City of Pasadena • City of Pico Rivera • City of Pomona • City of Poway • City of Rancho Cucamonga • City of Redlands • City of Riverside • City of San Clemente • City of San Diego • City of San Gabriel • City of San Marcos • City of Santa Ana • City of Santa Clarita • City of Santa Monica • City of Simi Valley • City of South Gate • City of Thousand Oaks • City of Ventura • City of Yorba Linda • County of Imperial • County of Los Angeles • County of Orange • County of Riverside • County of San Bernardino • County of San Diego • Kern County Department of Airports • Los Angeles County Metropolitan Transportation Authority • Los Angeles Unified School District • Mojave Air and Space Port • North County Transit District (NCTD) • Oceanside Unified School District • Port of Long Beach • Port of San Diego • Riverside County Transportation District (RCTD) • Rose Bowl Operating Company • San Diego Association of Governments (SANDAG) • Southern California Association of Governments (SCAG) • San Gabriel Valley Council of Governments (SGVCOG) • University of California, Irvine • Ventura County Airport ••City On-Call Agency or County On-Call Caltrans District On-Call City of Palm Springs Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 4 Work History with Cities in Coachella Valley Our local staff members bring a wealth of knowledge about the region’s geography, climate, and environmental considerations. We are well-versed in the local regulations, codes, and permitting processes, which enables us to navigate the complexities of projects efficiently and in a timely manner. This expertise is invaluable when it comes to designing sustainable and resilient infrastructure solutions tailored to the unique characteristics of the Coachella Valley. The Kimley-Horn team has developed relationships and trust with key decision makers at Coachella Valley Association of Governments (CVAG), Riverside County Transportation Department (RCTD), Riverside County Transportation Commission (RCTC), Caltrans District 8, utility agencies, and other local agencies, allowing us to effectively communicate and build project consensus in a timely manner. Our team understands the urgency and budgetary requirements associated with public works projects and is well-equipped to respond promptly to City requests. Available and Committed Resources Kimley-Horn is committed to growing our Coachella Valley office with local talent, and a number of our young professionals were born and raised in Palm Springs or surrounding cities. Having key staff members who are local to the Coachella Valley enables us to gain a deep understanding of the community’s needs and priorities. Frank Hoffmann, PE, will be the main point of contact for the City, providing overall management, coordination, and quality assurance for Kimley-Horn’s on-call services. Frank will be supported by a team of experienced engineers, planners, landscape architects, environmental professionals, and analysts who are available to the City as needed for the duration of this program. A.2 – Subconsultant Firms In an effort to provide the City with the depth of resources necessary to complete this project, Kimley-Horn has partnered with two specialty subconsultant firms—The Holt Group, Inc. and Verdantas, Inc.—to provide surveying and geotechnical services for this project. Brief profiles of these teaming partners are provided below, showcasing the qualifications and experience of these firms. The Holt Group, Inc. Surveying Founded in 1984 in Palm Springs, California, The Holt Group, Inc. is a comprehensive consulting firm renowned for its expertise in surveying, engineering, construction management, and a range of professional services for both private and public sector clients across Southern California and Western Arizona. With offices strategically located in El Centro, Palm Desert, and Blythe, the firm has established deep ties to the City of Palm Springs, delivering exceptional services from its Palm Desert office. As experts in surveying, The Holt Group has played a pivotal role in numerous municipal and private projects throughout the Coachella Valley over the past 40 years. Their commitment to precision and excellence in surveying ensures that clients receive the highest quality of service, making The Holt Group a trusted partner in the region’s development and planning efforts. Verdantas, Inc. Geotechnical Verdantas, Inc. (Verdantas) is an engineering firm dedicated to providing clients with expertise in engineering consulting, environmental services, and supporting infrastructure. Founded in 2020 and employing more than 1,500 professionals in 22 states, Verdantas has grown exponentially in the last four years, strategically acquiring firms, including Southern California’s premier geotechnical consultant, Leighton Consulting, Inc., which adds over 63 years of experience in delivering industry- leading geotechnical engineering and environmental consulting. Verdantas is skilled and equipped to perform geotechnical and materials testing services in their three Caltrans-approved, ASTM- and AASHTO-certified laboratories. Their laboratories also hold certifications from DSA, the City of Los Angeles, and NICET. Verdantas labs biannually participate in CCRL sample proficiency testing and consistently achieve the highest-possible ratings. They provide standard ASTM and Caltrans testing and can respond with tailored testing methods to meet specific field and contract conditions. Their local expertise will benefit the City of Palm Springs with unique knowledge of soil conditions and familiarity with relevant state and local testing standards, helping to keep projects on schedule. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 5 A.3 – Relevant Service Experience Service Area Highlights Civil Engineering Civil and roadway planning and design is a pillar of Kimley-Horn. Our team of planners and engineers addresses every aspect of roadway design, including intersection geometrics, utility relocations, traffic control, traffic calming, green and complete streets, signing and striping, paving design, drainage, stormwater management, retaining walls, signals and lighting, and hydraulic/hydrologic modeling. Our engineers have developed plans, specifications, and estimates (PS&E) for thousands of miles of roadways and sidewalks, including neighborhood streets, rural roads, interstate highways, state highways, highway interchange structures, and urban arterials. These projects—performed for state departments of transportation (DOTs), cities, tribes, private entities, and counties—have included route corridor studies, environmental assessments, and construction sequencing. Our team consists of specialists in the latest best practices and guidelines for multimodal and active transportation networks, first and last-mile solutions, urban bikeways, transit corridors, and pedestrian accessibility. Roadway and Intersection Design Along with traffic engineering and design, roadway design is one of the mainstays of our firm’s professional practice. Our team is well-equipped to address all related aspects of roadway design projects, such as intersection geometrics, utility relocations, traffic control, traffic calming, green and complete streets, paving, and drainage services. Our team also possesses a wealth of experience in intersection design. We understand that intersections are a dynamic element of transportation infrastructure. The efficiency of intersection operation maximizes the overall efficiency of the entire roadway system. Every intersection involves a unique combination of features—roadway layout, signal equipment, and the mix and volume of vehicles, pedestrians, and bicycles. As a result, each intersection requires careful study to develop and apply safe, efficient, and flexible designs. Americans with Disabilities Act (ADA) Street and Design Guidelines Kimley-Horn is a recognized leader in pedestrian facilities design. Our professionals are at the forefront of implementing the ADA, helping municipalities upgrade aging infrastructure to meet applicable ADA standards and ordinances. Our expertise ranges from curb ramp and sidewalk design to pedestrian-dedicated paths and walkways. Kimley-Horn understands how to implement improvements that benefit both our clients and the general public. Parks and Recreational Design Kimley-Horn is a leading firm in the planning and design of parks and recreation facilities, including large sports complexes. Our team combines landscape architecture, planning, and engineering expertise to deliver projects that reflect community identity and promote meaningful connections. We have extensive experience across a range of projects, from small parks to large-scale natural areas, ensuring that each design is functional, visually appealing, and mindful of long-term maintenance. By leveraging our national resources, we enhance innovation in our designs, seamlessly integrating them into the fabric of the communities we serve. Our engineers have developed PS&E for more than 4,000 miles of roadway, including neighborhood streets, rural roads, interstate highways, state highways, highway interchange structures, and urban arterials. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 6 Sewer Improvement Design Kimley-Horn has experience in all phases of project planning studies, design, and construction management for sewer and wastewater projects. We have a growing list of collection system condition assessment projects, including flow monitoring, infiltration and inflow assessments, smoke and dye testing, hydraulic modeling, rehabilitation and replacement recommendations, capital improvement planning, master planning, rate studies, pipe lining, pipe bursting, bypass pumping, trenchless construction, lift station improvements, and odor and corrosion inspection and control. Firmwide, our staff has designed hundreds of miles of utility infrastructure ranging in size from four inches to 120 inches. These designs have often facilitated the extension of utility service to communities previously not served, extended the life of existing infrastructure through rehabilitation and repair, or provided new facilities to replace aging infrastructure. Environmental/ California Environmental Quality Act (CEQA) Clearance Kimley-Horn provides a full range of environmental services for land development and public agency projects from offices throughout California. Our environmental compliance managers have worked on numerous complex, multidisciplinary projects requiring technical expertise, creative solutions for design modifications or mitigation, and a thorough understanding of local, state, and federal regulations. Kimley-Horn produces environmental documents that are sensitive to the public’s concerns for resource protection and community impacts, as well as to the real-world issues associated with the cost and feasibility of implementing mitigation programs. Our team draws on years of experience with private developments and public works improvements to develop understandable documents and to assess project designs that minimize impacts to the natural environment and community. Whether our role is to prepare CEQA or National Environmental Policy Act (NEPA) documents and technical studies, or to peer- review this information, we understand the inherent complexities of processing projects through the environmental review processes. For all environmental projects, we work extensively with our internal partners, agency staff, and clients to create the appropriate technical approach for the documents and the scope of related technical studies. Our staff has an excellent track record of preparing thorough CEQA documents that can withstand challenges. ® ® Caltrans Coordination We have a strong working knowledge of Caltrans standards and procedures and bring established relationships with Caltrans District 8 staff and headquarters. Through our work with other Riverside County cities, our team has gained significant familiarity with the area’s challenges, regulations, codes, procedures, and infrastructure requirements. Kimley- Horn has completed projects in more than 70 municipalities in the state of California—many of which involved some level of coordination with Caltrans. Our team members are very familiar with the latest Caltrans Highway Design Manual (HDM) and the 2023 Standard Plans and Specifications. We are experienced in applying these standards and have even applied for mandatory and advisory design exceptions. Grant Writing and Administration Kimley-Horn has decades of experience identifying and preparing federal and state grants for municipal projects throughout California and across the country. We have provided grant assistance for a variety of grant programs, all the way through to project completion within the grant guidelines, resulting in more than $1 billion in awards for California clients over the last 10 years. Our grant services include: ◢Research ◢Program Strategy and Project Prioritization ◢Conceptual Design ◢Benefit-Cost Analysis ◢Grant Administration ◢Cost Estimating ◢Data Analysis and Visualization ◢Technical Writing and Editing ◢Graphic Design and Publishing Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 7 Community Outreach and Engagement Kimley-Horn understands the pivotal role public involvement plays in shaping a design that reflects the community’s priorities. We have conducted community outreach for a variety of projects within Palm Springs, including traffic, civil, and landscape design projects. Our work includes developing outreach materials in partnership with the City. This can take the form of online interactive tools, websites, presentations, fact sheets, and supporting graphics. We have the capability to develop our graphics and printing in-house, allowing for a seamless transition from technical information to community outreach materials. We recognize the dynamic nature of outreach and have used a variety of engagement techniques, including bilingual facilitation tailored to the demographics of the region we serve. We are strongly committed to conducting public participation programs that educate, inform, and build consensus for particular solutions. Our staff includes native Spanish speakers (and speakers of other languages) who are experienced in conducting bilingual outreach services. Landscape Architecture From the revitalization of a popular community park to the design and implementation of a downtown streetscape, Kimley-Horn has successfully planned and executed numerous landscape architecture projects. We have completed dozens of parks and master plan projects for federal, state, regional, and local governments. Our landscape architects emphasize the development of a pleasing visual environment, a meaningful theme, a distinctive image, and a strong sense of place, while being sensitive to the client’s budget and long-term operational and maintenance obligations. Extra care is taken to ensure that selected plant species are drought-tolerant and that planting densities are climate-specific. Water conservation is a focal issue in designing and maintaining landscapes in the Coachella Valley. We recognize the need for proper irrigation design that utilizes the latest technology in controllers, irrigation heads, micro-irrigation, and bubbler systems. Our irrigation specialists provide professional irrigation design integrated with water management solutions to meet the specific desert climate and environmental conditions of project sites. Our goal is to develop cost-effective irrigation system designs that meet accepted standards and maintenance requirements for the City. Our staff will help ensure that water conservation, water management, and irrigation design are thoroughly addressed—with sensitivity to the desert environment. Design Support During Construction (DSDC) Kimley-Horn excels at making our clients successful, from project beginning to end, including bidding and construction phase services. We routinely stay on to provide construction services for most projects we design, reviewing construction submittals, responding to contractor RFIs, and offering other design assistance to keep project construction moving forward. We understand the importance of timely responses, as delays can lead to increased construction costs. A.4 – Project Experience and References Project Experience At Kimley-Horn, we pride ourselves on our ability to successfully complete projects and build relationships with our clients. Per the City’s RFP, we have provided a list of three projects for which we have delivered professional civil engineering services within the past five years, each with a contract value of at least $150K. We invite you to contact the included references directly regarding Kimley-Horn’s quality of service. Additional project experience related to the proposed members of our team has been provided in Section B.5 - Key Staff Relevant Experience. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 8 City of Indian Wells, Northeastern Traffic Flow Improvement Project, Indian Wells, CA Kimley-Horn was selected to execute the Northeastern Traffic Flow Improvement Project in Indian Wells, enhancing access to the renowned Indian Wells Tennis Garden and the surrounding areas. The project involved the planning and design of dual right-turn lanes from southbound Washington Street to westbound Miles Avenue, as well as a new entrance approximately 700 feet north of the intersection, also featuring dual right-turn lanes. Additionally, a left-turn pocket was created from westbound Miles Avenue to the parking lot on its southern side, complementing the ongoing construction of a new parking lot entrance near Gate 6. Furthermore, a dedicated southbound right-turn pocket was implemented at the entrance to Southwest Church on Washington Avenue, significantly improving traffic flow at one of the busiest intersections in the Coachella Valley. This project not only facilitated better access to the prestigious tennis venue, known for hosting major events and concerts, but also enhanced the overall experience for visitors and residents alike. U Reference: Dina Purvis, Public Works Manager, City of Indian Wells, 760.346.2489 ۧ Contract Value: $191,690 Project Duration: May 2023 – October 2024 City of Blythe, Beautify Blythe Program, Blythe, CA Kimley-Horn successfully completed the design and construction improvements for the City of Blythe, funded by a Caltrans grant. The project included enhancements to 27 bus shelters, a new shade structure for the Palo Verde Valley Transit Agency, upgraded lighting at Miller Park, and improvements to the City’s Public Works Yard, featuring a new restroom facility and decorative security fencing. In collaboration with The Holt Group, Kimley-Horn provided comprehensive aerial topographic and surveying services, along with architectural and civil engineering design. The bus shelters were designed with ADA-compliant ramps and features that facilitate easy cleaning and weather protection, while also coordinating with the transit agency for signage logistics. Additionally, the Public Works Yard enhancements included an eight-foot decorative fence with access gates and an ADA-compliant restroom equipped with security features. All plans adhered to local and Caltrans standards, ensuring a high-quality outcome for the community. U Reference: Mallory Crecelius, Interim City Manager, City of Blythe, 760.922.6161 Ext. 1237 ۧ Contract Value: $240,437 Project Duration: May 2023 – August 2024 Coachella Valley Water District (CVWD), Thousand Palms Channel Improvement, Indio, CA Kimley-Horn provided environmental planning and roadway design services for the Thousand Palms Channel for the Coachella Valley Water District (CVWD). Kimley-Horn led the redesign of the Avenue 42 and Madison Street channel crossing as part of the CVWD Thousand Palms Channel project in the City of Indio, CA. The existing Avenue 42 had severe sight restriction limitations. The new design balanced the requirements of channel crossing hydraulics, sight distance, right-of-way (ROW) and utility impacts, and cost. U Reference: Mario Camacho, Associate Engineer, CVWD, 760.398.2661 ext. 3422 ۧ Contract Value: $442,417 Project Duration: February 2022 – October 2024 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 9 SECTION B: Staff/Team Qualifications and Experience B.1 – Project Staffing Plans Proposed Staffing Kimley-Horn has assembled an exceptional team of professionals with experience providing similar traffic engineering and transportation planning services. We are committed to delivering timely, high-quality outputs for the City. Frank Hoffmann, PE, will serve as our project manager, responsible for day-to-day coordination with the City and our proposed task leaders. He will attend meetings with the City and provide updates from our team. Frank will be supported by quality control/quality assurance (QC/QA) Manager Jason Melchor, PE, and a dedicated team of engineers, planners, landscape architects, environmental professionals, analysts, and community engagement specialists who have significant experience working with the City of Palm Springs and in the Coachella Valley. As a benefit to the City, our team will be available on short notice from our offices in the Coachella Valley, Riverside, Los Angeles, and Orange. We are accustomed to responding quickly to the City’s needs, and we consider redundancy and efficiency when dedicating team members to each task order. In addition, we have partnered with local firms The Holt Group (Surveying) and Verdantas (Geotechnical) to provide the full range of services needed for this contract. Kimley-Horn acknowledges that the key personnel assigned to this contract will be available as proposed for the duration of the Professional Services Agreement and that no person assigned to this contract shall be removed or replaced without the prior written concurrence of the City. Our proposed team organization—including identification and responsibilities of key personnel—is shown in the organizational chart in Section B.4: Organization Chart. Each team member is committed to serving the City throughout the duration of this contract. We have also provided full resumes for our proposed key staff members in the Appendix. B.2 – Availability of Resources Staff Availability The members of our team were selected based on two criteria: their experience with similar projects and their availability to perform the required services. Kimley-Horn uses a proactive management system known as “cast-aheads” to detail every project’s personnel needs and determine each staff member’s availability. Based on a review of our cast-aheads, we can assure you that the staff members selected for this team are available immediately to serve you and are well-positioned to handle the workload required to see this project through startup. Additionally, Frank has the authority to mobilize Kimley-Horn’s 8,000+ firmwide resources at any given time to meet the City’s needs on this important contract. Our proposed staff have a proven record of meeting schedules for similar types of projects. We have included an availability table on the following pages detailing our proposed staff’s availability. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 10 B.3 – Qualifications and Experience of Staff The table below includes a list of our key team members, including their name, years of experience, years with their respective company, and local projects that each person has worked on. Staff Name Years of Experience Years with Company Availability Local Projects Frank Hoffmann, PE Project Manager 39 18 40% •City of Palm Springs, On-Call Civil Engineering Services, Palm Springs, CA •City of Palm Springs, Citywide Engineering and Traffic Survey, Palm Springs, CA •City of Cathedral City, Professional Engineering Services for Date Palm Drive and Varner Road Safety Improvements, Cathedral City, CA • Jean Fares, PE Principal-in-Charge Traffic Engineering and Lighting 36 31 30% •City of Palm Springs, Traffic Engineering On-Call Services, Palm Springs, CA •City of Palm Springs, Citywide Engineering and Traffic Survey (E&TS), Palm Springs, CA •City of Palm Springs, HSIP Cycle 9 Traffic Signal Improvements, Palm Springs, CA Jason Melchor, PE QA/QC Manager 27 26 35% •City of Palm Springs, On-Call Civil Engineering Services, Palm Springs, CA •City of Cathedral City, Professional Engineering Services for Date Palm Drive and Varner Road Safety Improvements, Cathedral City, CA •City of Palm Springs, Traffic Engineering On-Call Services, Palm Springs, CA Kameron Qureshi, PE Roadway Design 10 9 45% •City of Palm Springs, On-Call Civil Engineering Services, Palm Springs, CA •City of Coachella, Local Road Safety Plan, Coachella, CA •City of Indian Wells, Highway Safety Improvement Plan, Indian Wells, CA Maya Bouchet, AICP Public Outreach 7 6 40% •City of Palm Springs, On-Call Civil Engineering Services, Palm Springs, CA •City of Palm Springs, South Palm Canyon Road Reconfiguration, Palm Springs, CA •City of Palm Springs, Racquet Club Road Reconfiguration, Palm Springs, CA Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 11 Staff Name Years of Experience Years with Company Availability Local Projects Michael Madsen, PLA, CLIA, ASLA Landscape Architecture/ Urban Design 20 20 35% •City of Palm Springs, On-Call Civil Engineering Services, Palm Springs, CA •City of Palm Springs, Demuth Park Development (RFP#33-23), Palm Springs, CA •City of Indian Wells, Northeastern Traffic Flow Improvement Project, Indian Wells, CA Prasad Kasturi, PE Drainage/WQMP 19 1 35% •City of Palm Springs, On-Call Civil Engineering Services, Palm Springs, CA •Coachella Valley Water District, Food and Blowsand Project, City of Palm Springs, Desert Hot Springs and Cathedral City, CA •Coachella Valley Water District, Signal Timing for CV Link, Palm Desert, CA Sam McWhorter, PE Sewer/Utility Coordination 27 27 30% •Burrtec Waste Industries, Inc., Booster Pump Station and Tank, Indio, CA Alan Huyhn, PE Estimating 9 9 35% •City of Corona, McKinley Street Grade Separation, Corona, CA Andy Sanford, PE Structural Engineering 36 7 30%•City of Palm Springs, On-Call Civil Engineering Services, Palm Springs, CA Robert Holt (The Holt Group. Inc.) Survey 50 40 35% •City of Blythe, Professional Engineering Design Services for the Beautify Blythe Program, Blythe, CA •City of Blythe, Water Distribution System Master Plan, Blythe, CA •City of Blythe, Palo Verde College Water Tank Replacement Project, Blythe, CA Kevin Thomas, CEP, ENV-SP Environmental 39 9 30% •City of Palm Springs, On-Call Civil Engineering Services, Palm Springs, CA •Coachella Valley Water District, Thousand Palms Channel Rehabilitation, Coachella Valley, CA •The KPC Group, Coachella Specific Plan Program Environmental Impact Report (EIR), Coachella, CA Simon Saiid, PE, GE (Verdantas) Geotechnical 35 35 40% •City of Palm Springs, On-Call Civil Engineering Services, Palm Springs, CA •City of Palm Springs, Recreation Fields LED Lighting Upgrades, Palm Springs, CA •Palm Springs Unified School District, Palm Springs High School - Concession Building and Field House, Palm Springs, CA Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 12 Staff Name Years of Experience Years with Company Availability Local Projects John Pollock, PE ADA Compliance 10 10 35% •Raising Canes Off-Site Improvements, Palm Springs, CA •Starbucks (San Luis and Ramon) Off-Site Improvements, Palm Springs, CA •Raising Canes, I-10 and Monroe, Off-Site Improvements, Indio, CA B.4 – Organizational Chart Roadway Design Kameron Qureshi, PE Gerardo Arellano Landscape Architecture / Urban Design Michael Madsen, PLA, CLIA, ASLA Eden Bouchard, ASLA Survey Robert Holt, PE1 Traffic Engineering/Lighting Jean Fares, PE Vivian Chong, PE Drainage / WQMP Prasad Kasturi, PE Leticia Alvarez, PE Sewer/Utility Coordination Sam McWhorter, PE Taylor Thorig, PE Estimating Alan Huyhn, PE Breanna Ruiz- Carrillo, EIT Structural Engineering Andy Sanford, PE Jose Ramirez, PE Principal-in-Charge Jean Fares, PE Environmental Kevin Thomas, CEP, ENV-SP Kari Cano Meghan Karadimos Geotechnical Simon Saiid, PE, GE 2 ADA Compliance John Pollock, PE Leticia Alvaraez, PE Public Outreach Maya Bouchet, AICP Darryl dePencier, AICP, GISP, RSP2B QC/QA Manager Jason Melchor, PE Project Manager Frank Hoffmann, PE Bold = Task Lead City of Palm Springs Subconsultants 1.The Holt Group, Inc 2. Verdantas, Inc. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 13 B.5 – Key Staff Relevant Experience City of Palm Springs, On-Call Civil Engineering Contract, Palm Springs, CA Kimley-Horn has been providing on-call civil engineering services to the City of Palm Springs since 2019. Typical services include preparing or examining engineering plans, specifications, designs, cost estimates, bid proposals, and legal descriptions for a variety of construction and maintenance projects. U Key Staff Involved: Frank Hoffmann, PE; Jean Fares, PE; Jason Melchor, PE; Kameron Qureshi, PE; Maya Bouchet, AICP; Michael Madsen, PLA, CLIA, ASLA; Prasad Kasturi, PE; Andy Sanford, PE; Kevin Thomas, CEP, ENV-SP; Simon Saiid, PE, GE City of Blythe, Beautify Blythe Program, Blythe, CA Kimley-Horn completed design and construction improvements for the City of Blythe, funded by a Caltrans grant. This project included upgrades to 27 bus shelters, a new shade structure for the Palo Verde Valley Transit Agency, enhanced lighting at Miller Park, and improvements to the Public Works Yard, which features a new restroom and decorative security fencing. Collaborating with The Holt Group, Kimley-Horn ensured that the bus shelters included ADA-compliant ramps and weather protection while also coordinating signage logistics. The Public Works Yard enhancements included an eight-foot decorative fence and a secure, ADA- compliant restroom, all developed in accordance with local and Caltrans standards. U Key Staff Involved: Frank Hoffmann, PE; Michael Madsen, PLA, CLIA, ASLA; Kameron Qureshi, PE; Robert Holt, PE City of Palm Springs, Recreation Fields LED Lighting Upgrades, Palm Springs, CA The City tasked Kimley-Horn with providing PS&E for the removal and replacement of existing light fixtures with energy-efficient LED lights, as well as updating the wiring system at nine ballfields. Kimley-Horn's services included a topographic survey, utility coordination, geotechnical design parameters, structural evaluation of the light poles, cross arms, and service panels, along with coordination of light fixture models and orientations. Funded by Measure J, this project replaced an outdated lighting system that was nearly 60 years old with modern LED fixtures, also updating the wiring system. The community has eagerly anticipated this project, and the public is thrilled about the transformative impact of the new lighting system at Demuth Park and Palm Springs Stadium. U Key Staff Involved: Frank Hoffmann, PE; Jason Melchor, PE; Kameron Qureshi, PE; Andy Sanford, PE; Simon Saaid, PE, GE City of Palm Springs, HSIP Cycle 9 Traffic Signal Improvements, Palm Springs, CA Kimley-Horn recently completed the design of traffic signal upgrades at nine intersections in the City of Palm Springs to enhance safety for motorists, pedestrians, and bicyclists. Following a citywide safety analysis, the intersections were ranked based on collision frequency and severity. The analysis revealed that upgrading signal hardware could reduce injury crashes. The selected intersections exhibited high rates of speeding, traffic signal violations, and right-of-way collisions. Kimley-Horn’s services included installing Advanced Dilemma Zone Detection, adding protected left turn phases, and upgrading pedestrian signal heads and push buttons. Additionally, they improved ADA curb ramps where needed and implemented new traffic signal timing plans. The project will utilize Q-Free Kinetics Now software controlled by a Kinetic Mobility central system. Kimley-Horn also provided civil, traffic, and environmental services, including compliance documentation for CEQA and NEPA U Key Staff Involved: Frank Hoffmann, PE; Jean Fares, PE; Jason Melchor, PE; Maya Bouchet, AICP; Kameron Qureshi, PE; Kevin Thomas, CEP, ENV-SP Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 14 City of Palm Springs, Racquet Club Road Configuration Project Palm Springs, CA Kimley-Horn is providing public outreach, transportation planning, and civil and traffic design services to the City of Palm Springs to improve pedestrian and bicyclist infrastructure on Racquet Club Road/Farrell Drive between Tuscany Heights Drive and Vista Chino (Hwy 111). The project will help the City close a pedestrian infrastructure gap while introducing potential bicycle facilities, visibility enhancements, and connections between residential communities, schools, and commercial areas. Throughout the public outreach stage, Kimley-Horn has engaged stakeholders and reviewed community feedback using our PublicCoordinate interactive map tool to collect input. We have hosted two of a series of community meetings to encourage in-person engagement from community members. This process will help inform and select the most feasible options for active transportation improvements along the corridor. Kimley-Horn will develop a design that balances transportation modes, aligns with the community’s vision, and is technically feasible within the public right-of-way. U Key Staff Involved: Frank Hoffmann, PE; Jean Fares, PE; Kameron Qureshi, PE; Maya Bouchet, AICP B.6 – Anticipated Partner Organizations To best provide the City with a full range of services for any tasks that may arise from this on-call contract, Kimley-Horn is partnering with two specialty subconsultant firms: The Holt Group and Verdantas. We have a long history working with these firms, specifically in the Coachella Valley, and know firsthand that they will bring immense value to this contract as part of our team. Subconsultant profiles detailing the qualifications, background, and experience of these teaming partners have been provided in Section A.2 - Subconsultant Firms. SECTION C: Demonstrated Understanding of the Overall Project and Requested Scope of Work C.1 – Project Approach to Implementing Scope of Work Our approach to on-call contracts is based on developing a team-oriented strategy for the project review process. Key characteristics that distinguish Kimley-Horn include: Rapid mobilization of staff for each task order request, including the immediate identification of key personnel and subconsultants needed for each project. The availability of in-house staff ensures efficiency and consistent quality in technical analyses. Ongoing communication and consultation to address issues that arise during the project review process. This collaborative approach maintains project progress and results in user-friendly planning and design documents and legally defensible environmental documents. Commitment of senior level management to the project to provide close coordination with the City, ensure technical accuracy, and carefully monitor budget and schedule compliance. Responsiveness to any significant issues of concern raised by responsible and regulatory agencies and the public. Flexibility to tailor our approach to meet the specific needs of each project and client. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 15 We customize each on-call task assignment’s scope of services to fit the individual project and the City’s requirements. Our familiarity with local standards, agencies, and our extensive history of delivering capital improvement projects for various local agencies will help us determine the necessary support for the City with each task order. We will approach each project with the same diligent and comprehensive methodology, including: • Scope of work review and understanding • Data collection and review • Kick-off meeting • Site visit with City staff • Evaluation of existing conditions • Project evaluation and innovation • Concept layouts and reports • Interim site walk and review concept layout of study findings • Response to comments • Identification and preparation of task order deliverables Upon notice to proceed, the appropriate staff will be assigned by Kimley-Horn’s project manager, Frank Hoffmann, PE, to accomplish the task within the agreed-upon timeframe. One of the advantages our team provides is the ability to assign the right staff to each task. We can draw from a multitude of disciplines and resources to complete each assignment—whether the task is relatively minor, requiring only a few people in a single discipline, or a complex task requiring numerous personnel across multiple disciplines. A task manager will be assigned to each task, and they will work closely with the project manager to ensure the project is completed on time and within budget. C.2 – Experience with State and Federally Funded Projects Kimley-Horn possesses extensive experience with federal, state, and local codes, requirements, standards, and procedures, making us a valuable partner for projects in the Palm Springs area. Our team has successfully delivered numerous federally funded civil engineering projects, underpinned by a comprehensive understanding of local, state, and federal protocols. We have a proven track record of collaborating with key agencies such as Caltrans Local Assistance, the California Transportation Commission (CTC), and regional entities like the Coachella Valley Association of Governments (CVAG). Our expertise extends to working with the California Public Utilities Commission (CPUC), the Federal Railroad Administration (FRA), and ensuring compliance with the California Manual on Uniform Traffic Control Devices (CA MUTCD), Greenbook, and American Railway Engineering and Maintenance-of-Way Association (AREMA) standards. Project Manager Task Order Manager Project Scoping Kickoff Meeting and Site Visit Data Collection and Review Evaluation of Existing Conditions TASK ORDER FLOW FOR TYPICAL SERVICES Concept Layouts and Reports Site Walk and Review Stakeholder Input Constraints and Opportunities Final Concepts / Preliminary Design Reports City Council Presentations Final Permitting / Construction Documents PS&E Construction Support Services Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 16 Kimley-Horn has adeptly secured E-76s for construction by engaging with Caltrans on essential documentation, including Preliminary Environmental Studies (PES), Right-of-Way Certifications, Notice to Owners, Encroachment Permit applications, and Request for Authorization (RFA) packages. We prioritize close collaboration with our clients, assisting them with RFA checklists and streamlining the preparation of required forms and procedures to meet critical funding deadlines. Our local insights and experience ensure that projects align with the specific needs and standards of the Palm Springs region, enabling efficient access to state and federal funding opportunities. C.3 – Approach to Coordination Efforts The Kimley-Horn team has developed relationships and trust with key decision-makers at the CVAG, RCTD, RCTC, Caltrans, utility agencies, and other local agencies, allowing us to effectively communicate and build project consensus in a timely manner. Kimley-Horn has completed planning and design for a wide variety of state and federally funded projects across California. We are rigorous in complying with federally funded requirements and have worked directly with all Caltrans districts. We routinely support agencies across the state through Caltrans Local Assistance and the acquisition of E-76s for all types of projects—from small sidewalk improvements to larger freeway projects requiring Caltrans encroachment permits. Our team brings a long list of successfully constructed federal, state, and local funded improvement projects in the region. C.4 – Identifications and Resolution of Project Issues Issue: Communication A successful project hinges on a flexible partnership that can adapt to unforeseen circumstances. Therefore, we will incorporate critical decision-making points in our work plan to ensure the project team and the City align on the best course of action. Since unexpected challenges are inherent in any project, it’s vital to develop an approach that manages what can be controlled while preparing for the unforeseen. Our experience underscores the importance of communication; thus, we recommend a protocol that includes bi-weekly conference calls with the planning team (with client participation as needed) to discuss progress and schedules, along with monthly progress reports summarizing research updates, milestone completion dates, upcoming tasks, and anticipated project issues with proposed solutions. Issue: Schedule Control Schedule control begins with the preparation of a detailed schedule that includes milestone completion dates for specific tasks and the overall project. We will develop a work plan that allocates personnel commitments for each task. Twice a month, the MIS generates a Project Effort Report displaying the actual effort expended by task. This internal control allows us to make timely adjustments necessary to maintain your schedule and stay within your budget. Equally important are open lines of communication between City staff, our subconsultants, and permitting agencies. Our scheduling process incorporates these factors, detailing when and how adjustments will be made. We adhere to our commitment to deliver on-time results, regardless of ongoing or unexpected challenges. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 17 Issue: Construction Costs We recognize that construction costs are the largest expense for our clients, so we are dedicated to creating thorough plans and specifications that clearly define project requirements. Each deliverable undergoes rigorous QA/QC review, and we break down designs into discrete pay items to prevent misunderstandings during bidding and construction. Throughout the process, we monitor contractor progress, assist with contract interpretations, and review proposals for modifications that may enhance cost or schedule efficiency. By proactively addressing construction issues, we apply conflict mitigation techniques to manage claims and analyze time and cost impacts, ensuring effective communication and coordination to resolve issues before they escalate. We maintain comprehensive project records related to changed conditions and delays, and as the project nears completion, we will address the contractor's punch list and share final project files with the City. C.5 – Approach to Project Controls Quality Control/Quality Assurance Since our founding, Kimley-Horn has aggressively pursued a commitment to quality for every task, deliverable, and service we provide. Recognizing the importance of careful quality control, we developed a QC/QA manual that every project manager is required to know and use. We certify that our procedures result in high-quality services that satisfy your needs, ensuring there is no learning curve for our team. For this project, Jason Melchor, PE, will oversee QC/QA by working with the project team to ensure adherence to the City’s preferred design. Jason has been involved in QC/QA review for several Palm Springs projects, including the Recreational Fields LED Lighting Upgrade Project, the HSIP Cycle 9 Traffic Signal Improvement Project, and the Traffic Signal Warrant Analysis for Tramview Road and Indian Canyon Drive Project, and is well-acquainted with the City’s standards and preferences. Our program is based on the philosophy that: QUALITY IS ACHIEVED by adequate planning, coordination, supervision, and technical direction; proper definition of the project requirements and procedures; understanding the scope of services; and the use of appropriately skilled personnel performing work functions carefully. BENEFITSBENEFITS /All parties continuously informed/up-to-date /Scope changes controlled /Project is delivered on schedule and under budget X Maintain excellent quality X Evaluate budget vs. progress X Review bimonthly effort reports X Control construction costs X Value engineer as needed X Meet with stakeholders and build consensus X Develop work plan X Maintain database of decisions X Obtain approvals for change X Develop realistic schedule with team X Forecast weekly/monthly/six-month staffing X Establish weekly milestones X Anticipate change and include contingencies X Provide monthly updates X Identify potential risks with thorough preliminary design X Develop alternatives X Mitigate or eliminate risk X Include allowances X Monitor/adjust schedule X Communicate progress/issues updates X Monitor budget X Develop alternatives to mitigate impacts X Communicate proactively X Develop a Communication Plan X Establish roles, lines, contacts, and methods (what, who, and how) X Communicate deliverables X Ensure comment resolution and incorporation X Notify team immediately of change PROJECT MANAGEMENT APPROACH Co o r d i n a t i o n Ma n a g e C h a n g e An t i c i p a t e R i s k s Sc o p e Bu d g e t / C o s t Sc h e d u l e Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 18 QUALITY IS CONTROLLED by assigning a manager to evaluate all work and procedures followed while providing the services. QUALITY IS SECURED through the careful surveillance of work activities by individuals who are not directly responsible for performing the initial efforts. QUALITY IS VERIFIED through independent reviews by a qualified staff member of the processes, procedures, documentation, supervision, technical direction, and staffing associated with the project development. Our QC/QA program includes the review of project documents and supporting data—including documents and data provided by subconsultants—by our project managers, QC managers, and key staff who direct individual tasks. Our QC/QA program includes, but is not limited to, the following procedures: • The project manager and QC manager will be thoroughly familiar with requirements and will have the authority to direct the project team. • An internal kick-off meeting will be held with key individuals, including necessary subconsultants, to clearly define the scope of services. • Project meetings and decisions will be documented by using a basis of design matrix. • Supporting calculations, text, or data used to develop a design plan or document will be signed and dated by the individual involved. • Team network review will be undertaken. Team network quality control is the day-to-day peer review that is undertaken by the project team. Technical documentation, analysis, and correspondence is reviewed by a team member other than the individual or subconsultant preparing the documents and analyses. Budget/Cost Control Kimley-Horn has a Management Information System (MIS) that provides our contract and task order managers with a set of task order control tools to manage schedule, costs, and earned value and provide accurate billing in a manner that meets City requirements. Contract and task order managers use our MIS to monitor the task order progress on a bi-weekly basis. The MIS includes automated budget tracking to allow tighter fiscal control over all tasks and helps contract and task order managers maintain control of schedule, budget, and expenses. Each task order’s work plan and specific details are entered into MIS, including expenses and labor—the system can then provide an up-to-date status report on each task order twice a month. This monitoring capability helps contract and task order managers evaluate a task order’s workload requirements and develop effort estimates for each member of the team (and our entire firm). Additionally, Kimley-Horn utilizes daily electronic timesheets. This practice allows us to accurately track and bill our time; allows contract and task order managers the ability to check progress daily; and maintains compliance with federal auditing requirements set by the Defense Contract Audit Agency. C.6 – Additional Insight and Advise There are several innovative and creative approaches we plan to bring into this On-Call Contract: Technologies to Enhance Efficiency Drone scanning has proven to be an invaluable tool for engineering projects. Frank Hoffmann, PE, a certified Federal Aviation Administration (FAA) commercial pilot with Remote Pilot (drone) privileges, possesses an intimate knowledge of the complex Palm Springs airspace, enabling us to respond promptly to site survey requests. By utilizing Kimley-Horn Aeropoint ground control points, the drone images we capture provide high-quality imagery that can be georeferenced and transformed into three- dimensional representations. Local Perspective to Problem Solving and Priority Setting Our team comprises Palm Springs and Coachella Valley residents, providing us with firsthand experience of the City’s infrastructure and the residents' perspectives. This local insight allows us to better understand underlying challenges, develop solutions that address the root of problems, and prioritize projects that are most critical to the community. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 19 Designing for a Resilient Future Recent storm events have demonstrated that this area is vulnerable to weather extremes, which have increased in magnitude and frequency. Our design approach accounts for these increasingly common extreme events as the new normal, including potential flooding threats and higher summer temperatures. We will select design methods and materials to create infrastructure that is built to last while addressing changes in weather patterns and mitigating the impacts of the Urban Heat Island Effect. Sustainability with Every Opportunity As extreme weather events increase, our commitment to sustainability becomes even more important. We see opportunities to integrate sustainability into our engineering approach. For pavement projects, new recycling methods such as Cold In-Place Recycling (CIR) and Full-Depth Reclamation (FDR) enable the repurposing of old materials, reducing the need for new resources and minimizing emissions and transportation impacts. By employing sound pavement management principles, we can ensure roads are maintained through preventive maintenance, significantly extending their life while reducing the use of new materials and associated energy consumption. Additionally, supporting elements of civil projects, such as landscape architecture, will prioritize sustainable practices. We will select plant palettes that are both visually appealing and drought-tolerant. Pervious surfaces and water treatment opportunities will be integrated to capture rainfall, while trees and plant materials will be chosen to maximize shade and soften civil design features.  C.7 – Potential "Key" or "Critical" Issues We have developed a set of proposed solutions based on our experience working with the City and partnering agencies, which will establish a proactive approach to managing the City’s project needs. Potential Project Challenges Proposed Solution The design and construction industries can exist in silos Engineers and contractors can often speak different technical languages creating challenges between final design and into project construction. The Kimley-Horn team takes a thoughtful approach to design, recognizing the dangers of strong paper designs that overlook real-world conditions. Many team members have direct experience in the construction industry and provide valuable construction support. We anticipate in- the-field challenges and mitigate them through diligent project scheduling and robust construction documents. For instance, we engage utility companies early and frequently and develop strong technical specifications to protect the City from potential construction challenges. Community outreach delaying schedule and overlooking project budget Often revered, the City of Palm Springs has a vocal community that is engaged and willing to participate. While this engagement benefits a project by shaping it according to the community’s vision, it can also create challenges when there are varying opinions. Considerations for design feasibility and budget can sometimes be overlooked. The Kimley-Horn team is local and experienced in conducting outreach in the Coachella Valley. This experience has taught us that a proactive outreach strategy is far superior to a reactive approach. We understand the importance of engaging the public early while being prepared to provide data to justify decisions. We deploy inclusive and interactive outreach activities that encourage equitable participation and prevent any one person from dominating the conversation. We come to meetings with options for the community rather than starting with a blank slate, allowing for design that is iterative but not erratic. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 20 Potential Project Challenges Proposed Solution Overlapping projects creating delays or confusion The City of Palm Springs is subject to both local and regional project improvements. While these projects lead to enhancements for the City, they can also create confusion regarding project designs and phasing. Kimley-Horn is well-versed in both local and regional efforts. We have reviewed many plan sets for ongoing design projects within the City. Under our Traffic On-Call contract, we developed a project tracker that identifies all existing record drawings provided by the City, along with their overlapping intersections and corridors. Our record-keeping and knowledge of ongoing City efforts inform us of overlapping projects and how new projects can be phased accordingly. Coordination with outside agencies and meeting agency funding and schedule requirements Coordination with outside agencies can sometimes lead to schedule delays or cost overruns for a project. Kimley-Horn has strong working relationships with Caltrans District 8, the Coachella Valley Association of Governments (CVAG), and Riverside County. These relationships have helped us initiate coordination efforts early and expedite the typical timeline for obtaining approvals, gaining consensus, and ensuring compliance with outside agency reviewers. This knowledge and experience will be brought into this On- Call Contract to advise the City on when and how to engage with agency partners. Construction projects can lead to unwanted traffic congestion for residents The City currently has numerous engineering projects, with several either in construction or approaching the construction phase. Many overlapping construction projects can lead to unnecessary traffic delays for residents. Kimley-Horn has identified a plan to address these congestion concerns. Our design approach focuses on minimizing invasive construction procedures to reduce the need for extensive traffic control. We develop traffic control plans that align with City requirements while minimizing impacts on traffic lanes. Additionally, we create specifications for contractors that outline processes to follow during construction, ensuring that traffic impacts are minimized throughout the project. SECTION D: Financial Responsibility D.1 – Financial Stability Kimley-Horn and Associates, Inc. is a full-service engineering and consulting firm with approximately 8,200 employees and 134 offices in 29 states, the District of Columbia, and Puerto Rico. The Company had 2023 revenues of $2.4 billion. Kimley-Horn has been in business since 1967. We are financially strong, and we are committed to our continued financial health. As of December 31, 2023, the Company had total assets of $1.6 billion and stockholder’s equity of approximately $314 million. In addition to the financial resources noted, Kimley-Horn also has an untapped $125 million line of credit available for short-term cash flow needs. The Company’s cash flow continues to be very strong. We maintain a disciplined focus on business fundamentals, operate the firm conservatively, and our internal controls and business standards are designed to keep our foundation strong. Kimley-Horn uses one institutional lender, Wells Fargo. If necessary, reference information can be obtained from: Michael Pugsley, Senior Vice President, Wells Fargo Bank, N.A., 150 Fayetteville Street, Suite 600, PO Box 3008, Raleigh, NC 27601, 919.881.6469. For questions regarding Kimley-Horn’s financial status, please contact Lindsey Balltzglier, Controller, at 919.678.4141. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 i SECTION E: Forms (Attachments) As per the City’s RFP, we have submitted the following forms via a seperate attachment. A. Signature Authorization and Addenda Acknowledgment B. Local Preference and Business License C. Affidavit of Non-Collusion D. No Conflict of Interest and Non-Discrimination Form E. Public Integrity Business Disclosure Form F. Reference Form G. Executive Order N-6-22 Certification H. Fee Schedule Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 A-1 Appendix Key Staff Resumes Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 A-2 Frank has over 39 years of diverse experience in civil design and construction management. Throughout his career, Frank has focused on local, state, federal, and private roadway improvements. As a longtime Palm Springs resident, he truly understands the priorities of the community and has a thorough understanding of the local environment. He is passionate about developing innovative, cost-effective designs to upgrade existing roadways. Frank has served as project manager for many City of Palm Springs projects. Relevant Experience ◢City of Palm Springs, On-Call Civil Engineering Services, Palm Springs, CA – Project Manager ◢City of Palm Springs, Citywide Engineering and Traffic Survey, Palm Springs, CA – Project Engineer ◢City of Palm Springs, Demuth Park Development (RFP#33-23), Palm Springs, CA – Project Manager ◢City of Palm Springs, HSIP Cycle 9 Traffic Signal Improvements, Palm Springs, CA – Project Engineer ◢City of Palm Springs, Recreation Fields LED Lighting Upgrades, Palm Springs, CA – Project Manager ◢City of Blythe, Professional Engineering Design Services for the Beautify Blythe Program, Blythe, CA – Project Manager ◢City of Palm Desert, Traffic Operations and Capacity Improvements Project No. 553-20, Palm Desert, CA – Project Engineer ◢City of Palm Desert, Haystack Road and Highway 74 Intersection Modification, Palm Desert, CA – Project Engineer ◢City of Palm Desert, Library Conceptual Design, Palm Desert, CA – Team Member ◢City of Indian Wells, Miles Avenue Bridge Repair Project, Indian Wells, CA – Project Manager ◢City of Indian Wells, On-Call Design Engineering Services, Indian Wells, CA – Project Manager ◢City of Indian Wells, Highway 111/Casa Dorado Driveway Safety Improvements, Indian Wells, CA – Project Manager ◢City of Indian Wells, Indian Wells Golf Resort Sidewalk Improvements, Indian Wells, CA – Project Manager ◢City of Indian Wells, Northeastern Traffic Flow Improvement Project - Design, Indian Wells, CA – Project Manager ◢City of Indian Wells, On-Call Professional Services, Indian Wells, CA – Project Manager ◢City of Desert Hot Springs, Hacienda Avenue Improvement Project, Desert Hot Springs, CA – Project Manager ◢City of Cathedral City, Date Palm Drive and Varner Road HSIP Safety Improvements, Cathedral City, CA – Project Manager ◢Coachella Valley Water District (CVWD), Thousand Palms Channel Rehabilitation, Coachella Valley, CA – Roadway Task Lead ◢City of Coachella, On-Call Engineering Services, Coachella, CA – Project Manager ◢Riverside County Transportation Department (RCTD), I-10 Bypass, Riverside County, CA – Project Manager ◢City of Ontario, Ontario Ranch Road Bridge, Ontario, CA– Project Manager Professional Credentials: • Bachelor of Science, Civil Engineering, Ludwigshafen University of Applied Sciences • Professional Engineer in California #61839 • FAA Commercial Pilot # 2651400 Frank Hoffmann, PE Project Manager Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 A-3 Jean has 35 years of experience with the planning and design of traffic and transportation projects throughout California and the western U.S. As a registered Professional Engineer in California, he has provided traffic signal timing at over 2,500 locations, traffic signal design at over 2,000 locations, and signal system design at over 1,500 locations, and has wide-ranging experience with traffic operations, signing and marking plans preparation, Transportation Management Plans (TMPs), and traffic control plans. Jean also has extensive expertise in applying traffic engineering, ITS technologies, and communications infrastructure design to leading design-build transportation and transit projects. Relevant Experience ◢City of Palm Springs, On-Call Traffic Engineering Services, Palm Springs, CA – Project Manager ◢City of Palm Springs, Citywide Engineering and Traffic Survey (ETS), Palm Springs, CA – Project Manager ◢City of Palm Springs, HSIP Cycle 9 Traffic Signal Improvements, Palm Springs, CA – Project Manager ◢City of Palm Springs, Transportation Management Center Improvements, Palm Springs, CA – Project Manager ◢City of Palm Springs, TMC Troubleshooting and Timing Plan Review, Palm Springs, CA – Project Manager ◢Coachella Valley Association of Governments (CVAG), Signal Timing for CV Link, Palm Desert, CA – Project Manager ◢Coachella Valley Association of Governments (CVAG), Qualified Vendor List Professional Services (2024), Palm Desert, CA – Project Manager ◢City of Palm Desert, Traffic Operations and Capacity Improvements Project No. 553-20, Palm Desert, CA – Project Manager ◢City of Palm Desert, Cycle 10 Project - High Visibility Crosswalk Improvements (HSIPLN-5414(018)), Palm Desert, CA – Project Manager ◢City of Palm Desert, Haystack Road and Highway 74 Intersection Modification, Project No.567-21, Palm Desert, CA – Project Manager ◢City of Palm Desert, Rail Station Feasibility Study, Palm Desert, CA – Principal-in-Charge ◢City of Cathedral City, Date Palm Drive and Varner Road HSIP Safety Improvements, Cathedral City, CA – Project Engineer ◢City of Thousand Oaks, On-Call Professional Engineering Services, Thousand Oaks, CA – Project Manager ◢City of Thousand Oaks, Thousand Oaks Boulevard Pedestrian Crossing, Thousand Oaks, CA – Project Manager ◢City of Thousand Oaks, Lawrence Drive/Teller Road Intersection Improvements Project (CI 5297), Thousand Oaks, CA – Project Manager ◢City of Glendale, Wilson Avenue Multi-Modal Improvements Project, Glendale, CA – Project Manager ◢Colorado Street Multimodal Improvements, Glendale, CA – Project Manager ◢Glendale La Crescenta Avenue Road Rehabilitation Study, Glendale, CA – Project Manager ◢LA County, On-Call Traffic Design and Operational Support Services (RFP #BRC0000424), CA – Project Managerer Professional Credentials: • Bachelor of Science, California State Polytechnic University, Pomona • Professional Engineer in California #2097 • Institute of Transportation Engineers (ITE), Member Jean Fares, PE Principal-in-Charge Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 A-4 Jason has over 25 years of experience in the management, design, and review of traffic engineering projects in California and has worked with clients in Los Angeles, Orange, Riverside, San Bernardino, Santa Barbara, and San Diego counties. His traffic engineering experience includes traffic signal design, signing and striping, traffic control, street lighting, signal interconnect and ITS design plans, and he has served as a key staff member on many transportation studies, safety studies, traffic and civil engineering design, and active transportation projects. Relevant Experience ◢City of Palm Springs, On-Call Civil Engineering Services, Palm Springs, CA – Project Engineer ◢City of Palm Springs, HSIP Cycle 9 Traffic Signal Improvements, Palm Springs, CA – Project Engineer ◢City of Palm Springs, Recreation Fields LED Lighting Upgrades, Palm Springs, CA – Project Engineer ◢City of Palm Desert, Traffic Operations and Capacity Improvements Project No. 553-20, Palm Desert, CA – Project Engineer ◢City of Cathedral City, Date Palm Drive and Varner Road HSIP Safety Improvements, Cathedral City, CA – Project Engineer ◢County of Riverside, On-Call Transportation Planning, Riverside County, CA – Project Manager ◢City of Ontario, On-Call Transportation Planning & Traffic Engineering Design Services – Project Manager ◢City of Anaheim, On-Call Traffic Engineering and Transportation Planning Services, Anaheim, CA – Project Manager ◢City of Anaheim, Local Roadway Safety Plan (LRSP), Anaheim, CA – Project Manager ◢City of Anaheim, Protected Left-Turn Signal Improvement Project at 4 Intersections (HSIPL-5055 (196)), Anaheim, CA – Project Manager ◢City of Anaheim, Anaheim Boulevard and Santa Ana Street Traffic Signal Modification, CA – Project Manager ◢City of Orange, On-Call Traffic Engineering, Plan Checking, Design Services, Orange, CA – Project Manager ◢City of Yorba Linda, On-Call Traffic and Civil Engineering Design Services, Yorba Linda, CA – Project Manager ◢City of Riverside, Local Road Safety Plan, Riverside, CA – Project Manager ◢City of Eastvale, Traffic Signal Dilemma Zone Detection and Mitigation HSIP Cycle 10 Project - HSIPSL-5486 (010) (City Project #92017), Eastvale, CA – Project Manager ◢City of Eastvale - Systemic Safety Analysis Report (SSAR), Eastvale, CA – Project Engineer ◢City of Eastvale, Professional Engineering Services for a Local Roadway Safety Plan (LRSP), Eastvale, CA – Project Engineer ◢City of Seal Beach, On-Call Professional Engineering Services, Seal Beach, CA – Program Manager ◢City of Goleta, Design and Preparation of Plans, Specifications, Estimates, Right of Way and Environmental Professional Services for the Citywide Traffic Signal Upgrade Project, HSIPL-5481(024), City Project No. 9083, Goleta, CA – Project Manager Professional Credentials: • Bachelor of Science, Civil Engineering, University of California, Irvine • Professional Engineer in California #65218 • Institute of Transportation Engineers (ITE), Member • Orange County Traffic Engineering Council (OCTEC), Member Jason Melchor, PE QA/QC Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 A-5 Prasad is a Senior Project Manager with over 19 years of experience across multi-disciplinary firms in the civil engineering and infrastructure industry. Experience includes leading project design and management, providing technical support to public and private sector clients comprised of municipalities, government agencies, and private developers, and through all stages of project - from proposals, conceptual design, detailed engineering, procurement, construction, to final acceptance. Relevant Experience ◢City of Palm Springs, On-Call Civil Engineering Services, Palm Springs, CA – Task Manager ◢Seefried Industrial Properties, Project Viento, City of Desert Hot Springs, CA – Project Manager ◢Coachella Valley Association of Governments, Signal Timing for CV Link, Palm Desert, CA – Task Manager ◢Coachella Valley Association of Governments, Food and Blowsand Project, City of Palm Springs, Desert Hot Springs and Cathedral City, CA – Task Manager ◢Riverside County Flood Control and Water Conservation Department, Phoenix Storm Drain Dry Weather Flow Diversion, Riverside, CA – Project Manager ◢Sun Medical Plaza and Sundance Corporate Center QSP Inspections, Palm Desert and Beaumont, CA – Drainage Engineer ◢City of Palm Desert, National Pollutant Discharge Elimination System On-Call Contract, Riverside County, CA – Plan Review Engineer ◢Crow Holdings, Alberhill Industrial Development, Lake Elsinore, CA – Project Manager ◢NorthPoint Development, Project Maple, Lake Elsinore, CA – Project Manager ◢KB Homes, Loma Linda Citrus Village, Loma Linda, CA – Project Manager ◢City of Corona, California Street Sewer Improvements, Corona, CA – Senior Engineer ◢Harrington LLC, Boardwalk Townhomes, Corona, CA – Drainage Engineer ◢Tri-Pont Homes, Villages of Terrassa near Foothill Pkwy and I-15, Corona, CA – Drainage Engineer ◢City of Southgate, Atlantic Avenue Improvements, South Gate, CA – Senior Engineer ◢Los Angeles Unified School District, Marlton Special Education School ADA Improvements, Los Angeles, CA – Project Manager ◢City of Los Angeles, Vermont Avenue Overcrossing/U.S. 101, Los Angeles, CA – Senior Designer ◢LA Metro, National Pollutant Discharge Elimination System Compliance On-Call Contracts, Los Angeles, CA – Drainage Manager ◢Southern California Edison, TRTP High Transmission Power Line Project, Los Angeles National Forest, CA – QSD/QSP Inspector ◢LA Metro, Orange Line Extension Design-Build Project, Northridge, CA – Design Engineer ◢Maricopa County Public Works, Plan Checking, Maricopa County, AZ – Plan Check Engineer ◢T-Mobile, T-Mobile Data Center, Fresno, CA – Project Manager Professional Credentials: • Master of Science, Civil Engineering, University of New Mexico • Bachelor of Science, Civil Engineering, Jawaharlal Nehru Technological University Hyderabad • Professional Engineer in California #84306 Prasad Kasturi, PE Drainage/WQMP Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 A-6 Sam has more than 27 years of experience on a variety of complex water and wastewater engineering projects. His experience includes designing and managing projects involving sewer pipelines, water pipelines, pipeline rehabilitation, trenchless installation, sewer pump stations, water pump stations, tanks, pressure reducing stations, treatment, metering facilities, planning studies, and hydraulic modeling for various municipalities throughout Southern California. Relevant Experience ◢Burrtec Waste Industries, Inc., Booster Pump Station And Tank, Indio, CA – Project Engineer ◢County of San Bernardino, Sanitary Sewer System Management Plan Update, San Bernardino, CA – Principal ◢County of San Bernardino, Lakeview SLS—Odor Control and Rehabilitation, San Bernardino County, CA – QC/QA Manager ◢County of San Bernardino, CSA 82 (Searles Valley Sewer Improvement Project), Trona, CA – Deputy Project Manager ◢City of Rialto, El Rancho Verde Development SLS Preliminary Design Report, Rialto, CA – Project Manager ◢City of Chula Vista, Willow Street Pipelines, Chula Vista, CA – Project Manager ◢City of Chula Vista, Parkside Drive SLS Rehabilitation, Chula Vista, CA – Project Manager ◢Otay Water District, SR 94 16-Inch Water Pipeline Replacement, Jamul, CA – Project Manager ◢RJ Donovan and Otay Water District, Water Tanks, Pump Station, and 30-Inch Transmission Main, Otay Mesa, CA – Project Engineer ◢City of Escondido, Sewer Outfall Analysis and Design, Escondido, CA – Project Manager ◢San Diego Zoo Safari Park, Wastewater Treatment Plant Expansion, Water Pipeline Upgrades and Safari Park Grant Support, Escondido, CA – Project Manager ◢City of San Diego, Sewer and Water System Group Job Pipeline Replacements, San Diego, CA – Project Manager ◢City of San Diego, Pump Station No. 1, San Diego, CA – Condition Assessment and Bridging Documents ◢City of San Diego, 48-Inch Otay 2nd Willow Street Pipeline, San Diego, CA – Project Manager ◢City of San Diego, I-5/Genesee Avenue Interchange Pipeline Replacement, San Diego, CA – Project Manager ◢San Elijo Joint Powers Authority (SEJPA), San Elijo Lagoon 30-Inch Water, 12-Inch Water, 12-Inch Recycled Water, and 8-Inch Sewer Siphon Utility Relocation/Replacements, San Diego, CA – Project Engineer ◢Padre Dam Municipal Water District, Magnolia Avenue and SR 67 Sewer Capacity Improvements Project, Santee, CA – Project Manager ◢Padre Dam Municipal Water District, I-8 Unencased Transmission Main Replacement, Santee, CA – Project Manager ◢City of Oceanside, Downtown Water And Sewer Pipelines Replacement Phase 2, Oceanside, CA – Project Manager ◢County of San Diego, Lakeside and Spring Valley Trunk Sewer Design, San Diego, CA – Project Manager ◢Western Municipal Water District, McKinley Inverted Sewer Siphon Structure Relocation and Flow Meter, Corona, CA – Project Engineer ◢Rancho Mission Viejo, Trampas 30-Inch Recycled Waterline Extension, Rancho Mission Viejo, CA – Project Manager Professional Credentials: • Master of Science, Engineering (Water Resources), San Diego State University • Bachelor of Science, Civil Engineering, San Diego State University • Professional Engineer in California #61788 • American Society of Civil Engineers (ASCE), Member Sam McWhorter, PE Drainage/Utility Coordination Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 A-7 Kameron is a seasoned project manager with comprehensive experience in civil engineering, traffic management, and drainage design for diverse roadway projects. His proficiency extends to overseeing the design and coordination of utilities, particularly in the context of grade separations and roadway developments as well as design of American with Disabilities Act (ADA) improvements, roadway widenings, and bike, park, and intersection improvements. With a strong foundation in civil engineering, Kameron has successfully completed numerous hydrology studies, demonstrating his understanding in optimizing drainage systems. Additionally, he is adept at developing intricate traffic control plans and delivering precise cost estimates for public road projects. Kameron’s multifaceted skill set and in-depth understanding of civil engineering principles positions him as a valuable asset in the successful execution of complex infrastructure initiatives. Relevant Experience ◢City of Palm Springs, On-Call Civil Engineering Services, Palm Springs, CA – Project Engineer ◢City of Palm Springs, Demuth Park Development (RFP#33-23), Palm Springs, CA – Project Engineer ◢City of Coachella, Local Road Safety Plan, Coachella, CA – Project Manager ◢City of Indian Wells Highway Safety Improvement Plan, Indian Wells, CA – Project Manager ◢City of Indian Wells, Roadway Rehabilitation Project, Indian Wells, CA – Project Engineer ◢City of Indian Wells, Northeastern Traffic Flow Improvement Project - Design, Indian Wells, CA – Project Engineer ◢City of Blythe, Professional Engineering Design Services for the Beautify Blythe Program, Blythe, CA – Project Engineer ◢Coachella Valley Water District, Thousand Palms Channel Rehabilitation, Coachella Valley, CA – Project Engineer ◢City of Desert Hot Springs, Hacienda Avenue Improvement Project, Desert Hot Springs, CA – Project Engineer ◢Town of Apple Valley, Yucca Loma Road Widening – Project Engineer ◢County of Riverside, Transportation Department, Mission Boulevard Bridge Replacement, Riverside, CA – Project Manager ◢City of Palmdale, Resurfacing, Palmdale, CA – Project Manager ◢City of Palmdale, Division Street and Rancho Vista Boulevard Intersection Improvement, Palmdale, CA – Project Manager ◢County of San Bernardino, Fontana Avenue and Valley Boulevard, San Bernardino, CA – Project Manager ◢County of San Bernardino, Third Street Resurfacing and ADA Improvements, San Bernardino, CA – Project Manager ◢City of Jurupa Valley, Pedley Road and Jurupa Road Intersection Analysis, Jurupa Valley, CA – Project Engineer ◢City of Beaumont, Pennsylvania Avenue Widening, Beaumont, CA – Project Engineer ◢City of Ontario, Ontario Ranch Road Bridge, Ontario, CA – Project Engineer ◢City of Corona, McKinley Street Grade Separation, Corona, CA – Project Engiener ◢City of El Monte, Ramona Boulevard at Valley Boulevard Intersection Improvement Project, El Monte, CA – Project Engineer ◢City of Santa Ana, South Main Street Corridor Improvements, Santa Ana, CA – Project Engineer ◢City of Santa Ana, Santa Ana Boulevard & 5th Street Protected Bike Lane PS&E, Santa Ana, CA – Project Engineer Professional Credentials: • Bachelors, Civil Engineering, California State Polytechnic University • Professional Engineer in California #92631 Kameron Qureshi, PE Roadway Design Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 A-8 Andrew has 36 years of experience with a Bachelor’s of Science in Civil Engineering. Andrew has a solid background in project management and structural design, leading the design of over 75 bridge projects, representing well over 100 individual bridges, including PS&E and APS for both PSR and PR/ED documents. He has served as a structural design manager on dozens of projects, including heading up the structural design team for some of Kimley-Horns most structurally-focused projects. Andrew’s entire career has been in California, managing and designing bridges and wall in high seismic areas. This includes vehicular, pedestrian, light-rail and heavy freight rail structures. All of the bridges that Andrew has been involved with require seismic design. The construction cost of these projects range from $800K to over $60M for the more complex projects. Relevant Experience ◢City of Palm Springs, On-Call Civil Engineering Services, Palm Springs, CA – Project Engineer ◢RG-Optimus LLS, Optimus Logistics Center, Perris, CA – Project Engineer ◢City of Ontario, Ontario Ranch Road Bridge, Ontario, CA – Task Manager ◢City of Riverside, I-215/Van Buren Blvd Interchange PA&ED and PS&E, Riverside, CA – Structural Engineer ◢County of San Bernardino, I-10/Mt. Vernon Avenue Interchange PA&ED/PS&E, San Bernardino County, CA – Project Engineer ◢City of Chula Vista, CVEATC Pedestrian Bridge Repair, GGV0241, Chula Vista, CA – Project Manager ◢City of San Diego, Accelerated Sewer Group 852 Modification #1, San Diego, CA – Project Manager ◢San Diego Zoo Safari Park, Wastewater Treatment Plant Expansion, Water Pipeline Upgrades and Safari Park Grant Support, Escondido, CA – Project Engineer ◢Caltrans D11, Voigt Drive/I-5 North Coast Corridor (NCC) Improvements (PS&E), San Diego, CA – Task Manager ◢City of San Diego, I-5/Genesee Avenue Interchange PA&ED, PS&E and Construction Phase Services (CPS), San Diego, CA – Project Engineer ◢City of Thousand Oaks, Transportation Center, Bus Parking Expansion (CI 5269), Thousand Oaks, CA – Project Engineer ◢Los Angeles International Airport (LAX), Consolidated Rent-a-Car Facility, Los Angeles, CA – Project Engineer ◢LA Metro, I-10/I-110 Express Lanes - Roadside Toll Collection System (RTCS) subconsultant to Conduent, Los Angeles, CA – Project Engineer ◢City of Inglewood, Intelligent Transportation Systems (ITS) Gap Closure Part I, Inglewood, CA – Project Engineer ◢City of Ceres, Mitchell Road/SR 99 PA&ED and PS&E, Ceres, CA – Project Engineer ◢City of Lancaster, Avenue J/SR 14 (SR 138) Interchange PSR-PDS, PA&ED and PS&E, Lancaster, CA – Structural Engineer ◢City of Lancaster, At-Grade Rail Crossing Improvements (Avenue K, J, M, G), Lancaster, CA – Project Engineer ◢City of Rialto, Frisbie Park Sewer Lift Station Design, Rialto, CA – Project Engineer ◢City of Rialto, Renaissance East Zone 1A-1 Booster Pump Station, Rialto, CA – Project Engineer ◢City of Barstow, First Ave Bridge over Mojave River Bridge Replacement PA&ED, Barstow, CA – Project Engineer Professional Credentials: • Bachelors, Civil Engineering, California State University, Chico • Professional Engineer in California #49671 Andy Sanford, PE Structural Engineering Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 A-9 Alan has been supporting the design of multidisciplinary roadway projects throughout Southern California for over 10 years, with an emphasis on Caltrans approvals. He has been involved with planning and final design for a wide range of projects including interchanges, grade separations, complete streets, roadway widenings, pavement rehabilitation projects, and Americans with Disabilities Act (ADA) corridor improvement projects. His emphasis on these projects includes roadway design, storm drain design, utility design, site civil grading, signing and striping, and traffic handling. Alan has been involved with the Imperial Highway (SR-90) at 57 Freeway Southbound On-Ramp project as a project engineer since its inception in 2020 and will continue to bring his knowledge in the same role during the Project Initiation Document (PID) phase. Relevant Experience ◢City of Beaumont, Pennsylvania Avenue Widening, Beaumont, CA – Project Engineer ◢City of Cabazon, I-10 Interchange Caltrans support, Cabazon, CA – Project Manager ◢City of Corona, I-15/Temescal Canyon North CSIS, Corona, CA – Project Manager ◢City of Corona, McKinley Street Grade Separation, Corona, CA – Project Engineer ◢County of Riverside, Transportation Department, Mission Boulevard Bridge Replacement, Riverside, CA – Project Analyst ◢City of Santa Ana, Santa Ana Boulevard & 5th Street Protected Bike Lane PS&E, Santa Ana, CA – Project Engineer ◢Orange County Transportation Authority, Preliminary Engineering and Environmental Documentation for 17th Street Grade Separation Project, Orange County, CA – Project Analyst ◢City of Anaheim, Anaheim Rapid Connection (ARC) Streetcar, Anaheim, CA – Project Analyst ◢City of Anaheim, Gene Autry Way Improvements (I-5 to State College Blvd.) & State College Blvd. Improvements (West Side), Anaheim, CA – Project Analyst ◢City of Brea, Imperial Highway (SR-90) at 57 Freeway Southbound On-Ramp Project Initiation Document (PID), and PSR-PR, Brea, CA – Project Manager ◢City of El Monte, Ramona Boulevard at Valley Boulevard Intersection Improvement Project, El Monte, CA – Project Engineer ◢County of San Bernardino, Valley Boulevard and Other Roads Projects, San Bernardino, CA – Project Engineer ◢City of Santa Monica, Lincoln Neighborhood Corridor Streetscape Project (LiNC), Santa Monica, CA – Project Analyst ◢City of Whittier, Environmental and Engineering Services for the Beverly Boulevard at Norwalk Boulevard Realignment Project, Whittier, CA – Project Manager ◢City of Whittier, Whittier Boulevard and Colima Road Intersection Improvements, Whittier, CA – Project Manager ◢Caltrans District 11, I-5 North Coast - PA&ED and PS&E (also Staff Augmentation I-5 HOV Extension PS&E, San Elijo Lagoon Bridge), San Diego, CA – Project Analyst ◢Los Angeles International Airport (LAX), Consolidated Rent-a-Car Facility, Los Angeles, CA – Project Analyst ◢Sacramento County Airport System, Consulting Engineer Services 2015-2022, Sacramento County, CA – Project Analyst Professional Credentials: • Master of Science, Engineering Management, University of California, Irvine • Bachelor of Science, Civil Engineering, California State Polytechnic University, Pomona • Professional Civil Engineer in CA #90459 Alan Huynh, PE Estimating Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 A-10 Michael has more than 20 years of landscape architectural experience in master planning, streetscapes, site design, pool and amenity areas, and planting and irrigation design. His background includes coordinating multidisciplinary design projects involving landscape architecture, urban planning, architecture, civil engineering, roadway design, and transportation. Michael has a passion for people spaces and seeks opportunities for environmental education in his designs for the public and private realm. He strives to use plant palettes that combine aesthetics with a sensitivity towards efficient water use by pulling in native and adaptive species. Relevant Experience ◢City of Palm Springs, On-Call Civil Engineering Services, Palm Springs, CA – Project Engineer ◢City of Palm Springs, Demuth Park Development (RFP#33-23), Palm Springs, CA – Project Engineer ◢City of Desert Hot Springs, Hacienda Avenue Improvement Project, Desert Hot Springs, CA – Landscape Architect ◢Riverside County Transportation Department, I-10/Sunset Avenue Interchange Railroad Grade Separation PS&E, Banning, CA – Landscape Architect ◢City of Brawley, Alyce Gereaux Park Renovations, Brawley, CA – Landscape Architect ◢City of El Centro, Engineering Design and Architectural Design Services for Plank Park, El Centro, CA – Landscape Architect ◢City of San Marcos, Rancho Coronado Park, San Marcos, CA – Landscape Architect ◢City of Thousand Oaks, Rancho Road Sidewalks and Bike Lanes, Thousand Oaks, CA – Landscape Architect ◢City of Lancaster, SR 138 Design Guidelines and Corridor Aesthetics, Lancaster, CA – Landscape Architect ◢City of Santa Ana, Santa Ana Boulevard and 5th Street Protected Bike Lane PS&E, Santa Ana, CA – Landscape Architect ◢City of Glendale, Wilson Avenue Multimodal Improvements Project, Glendale, CA – Landscape Architect ◢LA Metro, Beautification Guidelines, Los Angeles, CA – Landscape Architect ◢LA Metro, Strategic Plan Development for Freeway Beautification Program, Los Angeles, CA – Deputy Project Manager ◢City of National City, A Avenue Green Street, National City, CA – Landscape Architect ◢City of National City, Paradise Creek Educational Park, National City, CA – Landscape Architect ◢City of National City, El Toyon Park Master Plan, National City, CA – Landscape Architect ◢City of National City, Kimball Park Master Plan Improvements, National City, CA – Landscape Architect ◢City of San Diego, I-5/Genesee Avenue Interchange PA&ED, PS&E and Construction Phase Services (CPS), San Diego, CA – Quality Control, Landscape Architect ◢City of San Diego, Voigt Drive/I-5 North Coast Corridor (NCC) Improvements (PS&E), San Diego, CA – Landscape Architect Professional Credentials: • Master of Landscape Architecture, University of Florida • Bachelor of Science, Business Administration, Florida State University • Professional Landscape Architect in California #5798 • Certified Landscape Irrigation Auditor #92638 • Council of Landscape Architectural Registration Boards #21623 Michael Madsen, PLA, CLIA, ASLA Landscape Design Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 A-11 Kevin has over 30 years of experience in leading teams to support water, wastewater, and other major capital improvement projects for clients throughout Southern California, specializing in the strategic guidance, preparation, and peer review of environmental documents and regulatory permitting programs. Kevin has managed the analysis of major water projects, including water supply master plans, water distribution programs, aquifer and storage recovery projects, and numerous studies for ocean and brackish desalination projects, including alternative siting studies, alternative intake studies, and feasibility studies for projects ranging from small demonstration facilities to regional desalination plants. Several of Kevin’s water supply projects included environmental evaluation and permitting compliance for groundwater treatment programs and appurtenant facilities, including arsenic, manganese, uranium, petroleum plume remediation, Total Dissolved Solids (TDS), and other analytes. Relevant Experience ◢City of Palm Springs, On-Call Civil Engineering Services, Palm Springs, CA – Environmental Planner ◢City of Palm Springs, HSIP Cycle 9 Traffic Signal Improvements, Palm Springs, CA – Environmental Planner ◢City of Palm Desert, Highway 111 Widening IS/MND, Palm Desert, CA – Project Manager ◢City of La Quinta, Cove Drainage Improvements IS/MND, La Quinta, CA – Project Manager ◢City of Rancho Mirage, Eisenhower Medical Center Expansion IS/MND, Rancho Mirage, CA – Project Manager ◢Coachella Valley Water District, Thousand Palms Channel Rehabilitation, Coachella Valley, CA – Senior CEQA QC/QA Manager ◢City of Coachella, McNaughton Ranch Annexation IS/MND, Coachella, CA – Project Manager ◢The KPC Group, Coachella Specific Plan Program Environmental Impact Report (EIR), Coachella, CA – CEQA Task Manager ◢PSAV, LLC, La Entrada Specific Plan Program EIR, Coachella, CA – CEQA Task Manager ◢County of Riverside, Garden of Champions EIR (Indian Wells Tennis Garden), Riverside County, CA – Project Manager ◢County of Riverside, Washington Avenue Widening IS/MND, Riverside, CA – Project Manager ◢County of Riverside, Del Webb Sun City Specific Plan Amendment IS/MND, Riverside, CA – Project Manager ◢County of Riverside, Desert Cities Automall IS/MND, Riverside, CA – Project Manager ◢City of Cathedral City, Professional Engineering Services for Date Palm Drive and Varner Road Safety Improvements, Cathedral City, CA – Environmental QC/QA ◢City of San Bernardino, 224 Traffic Signal Improvements HSIP Project, San Bernardino, CA – Environmental Planner ◢City of Moreno Valley, Ironwood Avenue RSA/RSSA, PES, and CE/CE (HSIP Project), Moreno Valley, CA – Environmental Planner ◢City of Moreno Valley, Kitching Street RSA/RSSA, PES, and CE/CE (HSIP Project), Moreno Valley, CA – Environmental Planner Professional Credentials: • Bachelor of Arts, Environmental Engineering, University of California, Los Angeles • Certified Environmental Professional #99040383 • Envision Sustainability Professional • American Water Works Association, California and Nevada Desalination Committee, Member • Association of Environmental Professionals, Member • CalDesal Regulatory Working Group, Chair Kevin Thomas, CEP, ENV-SP Environmental Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 A-12 Maya is a transportation planner who works on municipal transportation projects. She is experienced in all stages of a project beginning with planning, community outreach, and then into design and construction support. She focuses on active transportation improvements such as pedestrian crossings and bicycle facilities, along with traffic operations projects such as signal modification, signal installation, and fiber optic upgrades. She has worked with several cities within the Coachella Valley including the Cities of Palm Springs, Palm Desert, and Rancho Mirage. Relevant Experience ◢City of Palm Springs, On-Call Civil Engineering Services, Palm Springs, CA – Project Planner ◢City of Palm Springs, South Palm Canyon Road Reconfiguration, Palm Springs, CA – Project Manager ◢City of Palm Springs, Racquet Club Road Reconfiguration, Palm Springs, CA – Project Manager ◢City of Palm Springs, TMC Troubleshooting and Timing Plan Review, Palm Springs, CA – Project Manager ◢City of Palm Springs, Citywide Engineering and Traffic Survey, Palm Springs, CA – Project Analyst ◢City of Palm Springs, HSIP Cycle 9 Traffic Signal Improvements, Palm Springs, CA – Project Planner ◢City of Palm Desert, Traffic Operations and Capacity Improvements Project No. 553-20, Palm Desert, CA – Project Planner ◢City of Palm Desert, Traffic Engineering On-Call, Palm Desert, CA – Project Planner ◢City of Rancho Mirage, City of Rancho Mirage Design of Traffic Signal Interconnect, Rancho Mirage, CA – Project Analyst ◢City of Rancho Mirage, City of Rancho Mirage Design of Traffic Signal Interconnect Phase II, Rancho Mirage, CA – Project Planner ◢City of Calabasas On-Call Traffic Engineering Services, Calabasas, CA – Project Planner ◢City of Inglewood As-Needed Engineering Services, Inglewood, CA – Project Planner ◢City of Inglewood, Traffic Signal and Communication Standard Plans and Specifications, Inglewood, CA – Project Manager ◢City of Inglewood, Intelligent Transportation Systems (ITS) Gap Closure Part I, Inglewood, CA – Project Analyst ◢City of Inglewood, Intelligent Transportation Systems (ITS) Gap Closure Part II, Inglewood, CA – Project Analyst ◢City of Santa Clarita, Newhall Bike Boulevard, Santa Clarita, CA – Project Manager ◢City of Thousand Oaks, Thousand Oaks Boulevard Pedestrian Crossing, Thousand Oaks, CA – Project Planner ◢City of San Bernardino, PSE Upgrade Various Signal Hardware - 224 Intersections, San Bernardino, CA – Project Analyst ◢City of West Hollywood, Civil Engineering Design Services for Sunset/Santa Monica Fiber Loop Project, West Hollywood, CA – Project Analyst ◢City of Malibu, Pacific Coast Highway (PCH) Signal System Improvements Project, Malibu, CA – Project Analyst ◢City of Glendale, Colorado Street Multimodal Improvements Project, Glendale, CA – Project Planner ◢City of Glendale, Wilson Avenue Multimodal Improvements Project, Glendale, CA – Project Planner ◢City of Glendale, La Crescenta Avenue Road Rehabilitation Study, Glendale, CA – Project Analyst Professional Credentials: • Bachelor of Arts, Policy, Planning, and Development, University of Southern California • American Institute of Certified Planners (AICP), #34252 Maya Bouchet, AICP Public Outreach Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 A-13 John has over 10 years if industry experience in precise grading, water quality design, hydraulic design, fire water design, opinions of probable cost, entitlement processing, construction phase observation, and site planning. As one of California’s lead development consultants in quick serve and drive-through development, He is heavily involved with Kimley-Horns small site commercial national clients, including (but not limited to) Raising Canes, Chase Bank, Mister Car Wash, McDonalds, Carmax, Starbucks, Wendys, Shake Shack, and Wells Fargo. Prior to his career as a development consultant, he spent many years in the Construction industry and a field engineer and superintendent for heavy civil and wood frame construction. Relevant Experience ◢Raising Canes Off-Site Improvements, Palm Springs, CA – Project Manager ◢Starbucks (San Luis and Ramon) Off-Site Improvements, Palm Springs, CA – Project Manager ◢Raising Canes, I-10 and Monroe, Off-Site Improvements, Indio, CA – Project Manager ◢CarMax Murrieta, Murrieta, CA – Project Manager ◢CarMax Murrieta Expansion, Murrieta, CA – Project Manager ◢RC0937 - Murrieta, Murrieta, CA – Project Manager ◢RC0962 - Riverside, Riverside, CA – Project Manager ◢RC1113 - Jurupa Valley, Riverside, CA – Project Manager ◢RC0820 Riverside, Riverside, CA – Project Manager ◢Mister Car Wash - Moreno Valley, Moreno Valley, CA – Project Manager ◢Pollo Campero - Perris, Perris, CA – Project Manager ◢RC0874 Perris - Public Improvement Plans, Perris, CA – Project Manager ◢Nuevo Crossings - Entitlements, Redlands, CA – Project Manager ◢CarMax Redlands - Entitlements, Redlands, CA – Project Manager ◢Carmax Redlands - Traffic, Redlands, CA – Project Manager ◢Carmax Redlands - Phase II, Redlands, CA – Project Manager ◢Redlands Marketplace Apartments - Entitlements, Redlands, CA – Project Manager ◢Brea Gaslamp Square Entitlements, Brea, CA – Project Manager ◢Socal Dealer Facility - Colton, Colton, CA – Project Manager ◢CarMax #4028 Chino, Chino, CA – Project Manager ◢CarMax Redlands, Chino, CA – Project Manager ◢RC0906 - Fontana, Fontana, CA – Project Manager ◢RC1109 - Yucaipa, Yucaipa, CA – Project Manager ◢CA1026 - Menifee, Menifee, CA – Project Manager ◢CA1031 - Hesperia, Hesperia, CA – Project Manager Professional Credentials: • Bachelor of Science, Civil Engineering, California State Polytechnic Univerdity, Pomona • Professional Civil Engineer in CA #86160 John Pollock, PE ADA Compliance Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 A-14 Simon has engineering design and construction supervision experience for the civil and geotechnical aspects of projects related to infrastructure, public facilities, and land development. Mr. Saiid is responsible for geotechnical engineering analyses, laboratory testing, and quality control. He is practiced in geotechnical site investigations, shallow and deep foundation design, buttress and structural landslide mitigation, seismic hazard evaluations and mitigation design, grading control, ground improvement, pipelines, pavement design, and forensic evaluations. Relevant Experience ◢City of Palm Springs, On-Call Civil Engineering Services, Palm Springs, CA – Geotechnical Engineer ◢City of Palm Springs, Recreation Fields LED Lighting Upgrades, Palm Springs, CA – Senior Engineer ◢Palm Springs Unified School District, Palm Springs High School - Concession Building and Field House, Palm Springs, CA – Project Manager ◢City of Palm Desert, Berger Road Improvements, Palm Desert, CA – Geotechnical Engineer ◢City of Cathedral City, Cathedral City Fire Station No. 411, Cathedral City, CA – Geotechnical Engineer ◢City of Moreno Valley, Cactus Avenue/Nason Street Improvements, Moreno Valley, CA – Geotechnical Engineer ◢City of Murrieta, Murrieta Temporary Fire Station, Murrieta, CA – Geotechnical Engineer ◢City of Temecula, Fire Station No. 73 Living Quarters Upgrade, Temecula, CA – Geotechnical Engineer ◢City of Temecula, Fire Station No. 84, Temecula, CA – Geotechnical Engineer Professional Credentials: • Master of Science, Civil Engineering, Rensselaer Polytechnic Institute • Bachelor of Science, Civil Engineering, Rensselaer Polytechnic Institute • Professional Engineer in California #62375 • Professional Geotechnical Engineer in California #2641 Simon Saaid, PE, GE Geotechnical Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 On-Call Civil Engineering Services Statement of Qualifications for City of Palm Springs  TRCACOAC002533.2024 A-15 Since becoming a Registered Civil Engineer in California in 1977, Robert K. Holt has served as the Project Manager and Project Engineer for numerous public works endeavors including water and wastewater treatment facilities, pumping stations, pipeline projects and street improvement projects. He has been responsible for the administration of numerous public works projects during the preliminary, design, bidding and construction management phases. He has formulated many Federal and State Grant applications utilizing USDA, CDBG, EDA, EPA and State Water Resources Control Board Grants and Loans. Mr. Holt completed the design and construction management activities associated with the $7M Blythe, California, Wastewater Treatment Facility Expansion Project and similar activities associated with numerous upgrades and expansions to the City of Blythe Water Distribution and Wastewater Collection System. As the former contract City Engineer for the City of Blythe from 1985 until 2002, Mr. Holt has been responsible for the preparation and negotiation of Conditions of Approval for a wide variety of Tentative Parcel and Tract Maps and for the review and approval of numerous subdivision maps and the related grading, street, sewer, stormwater and water system improvement plans. Most recently, Mr. Holt has overseen the preparation of the City of Blythe Master Water Distribution Plan and the City of Blythe Wastewater Salinity Study. Relevant Experience ◢City of Blythe, Beautify Blythe Program, Blythe, CA – Project Engineer ◢City of Blythe Water Distribution System Master Plan, Blythe, CA – Principal Engineer/Project Manager ◢City of Blythe, Salinity Study, Blythe, CA – Principal Engineer/Project Manager ◢City of Blythe, Palo Verde College Water Tank Replacement Project, Blythe, CA – Principal Engineer/Project Manager ◢City of Blyth, Mayflower Park Sewage Pumping Station and Forcemain Project, Blythe, CA – Principal Engineer/ Project Manager ◢City of Blythe, Blyth Energy Project, Blythe, CA – Resident Engineer Professional Credentials: • Master of Science, Civil Engineering, University of Michigan • Bachelor of Science, Civil Engineering, University of Michigan • Professional Engineer in California #27943 Robert Holt, PE Survey Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 Contact: Frank Hoffmann, PE Frank.Hoffmann@kimley-horn.com 760.610.0819 73-700 Dinah Shore Drive, Unit 101, Palm Desert, CA 92211 The entirety of this proposal, including text and images, is the property of Kimley-Horn and Associates, Inc., protected under US copyright law. Copyright © 2024 Kimley-Horn and Associates, Inc. www.kimley-horn.com Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 EXHIBIT “D” FEE SCHEDULE Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 UNBURDENDED HOURLY RATE $50.80 $60.31 $71.15 $79.40 $84.16 $96.17 $109.94 $119.83 $135.79 $31.36 $41.84 FEE SCHEDULE Kimley-Horn and Associates, Inc. OVERHEAD AND FEE Audited Overhead Rate Fee Percentage * Fee is not charged on the FCCM portion of audited overhead rate RATE PERCENTAGE 10% CLASSIFICATION/TITLE Analyst I Analyst II Professional I Professional II Professional III Sr. Professional I Sr. Professional II Sr. Professional III Sr. Professional IV Technical Support Project Support Rates effective through December 31, 2025. Subject to annual escalation beginning 1/1/26 On-Call auditable category rates above are based on known staffing at time of pursuit. Other Kimley-Horn staff may be utilized as necessary, and their rates will be consistent with the hourly rates presented in the above schedule. For each Task Order under the On-Call, staff will be billed within the appropriate category above, based on their classification at the time. Other Direct Costs: Outside Printing/Reproduction, Delivery Services/USPS, Misc. Field Equipment/Supplies, and Travel Expenses will be billed at actual cost. Mileage will be billed at the Federal Rate. FULLY BURDENED HOURLY RATE (Rate + OH + Fee) $165.65 $196.67 $232.02 $258.93 $136.44 $274.44 $313.62 $358.53 $390.76 $442.81 196.54% (contains FCCM of 0.97%*) $102.26 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1.    Generally Accepted Accounting Principles {GAAP) 2.    Terms and conditions of the contract 3.    Title 23 United States Code Section 112 -Letting of Contracts 4.    48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5.    23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration of Engineering and Design Related Service 6.    48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board {when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Anthony Podegracz Title*: Vice President Signature: Date of Certification {mm/dd/yyyy): 10/15/2024 Phone Number: 760-565-5103 Email: anthony.podegracz@kimley-horn.com Address: 73-700 Dinah Shore Drive, Suite 101, Palm Desert, CA 92211 _ *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 EXHIBIT “E” EXECUTIVE ORDER N-6-22 CERTIFICATION Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect. Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals. The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California. Signature: Printed Name: Title: Firm Name: Date: Jean B. Fares, PE Senior Vice President Kimley-Horn and Associates, Inc. October 16, 2024 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 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 3/18/2024 Edgewood Partners Ins.Center/Greyling 3780 Mansell Rd.Suite 370 Alpharetta GA 30022 Jerry Noyola 7702207699 greylingcerts@greyling.com National Union Fire Ins Co of Pittsburg 19445 KIMLASS Allied World Assurance Co (U.S.)Inc.19489Kimley-Horn and Associates,Inc. 421 Fayetteville Street,Suite 600 Raleigh,NC 27601 New Hampshire Insurance Company 23841 Lloyd's of London 85202 1360871531 A X 2,000,000 X 1,000,000 X Contractual Liab 25,000 2,000,000 4,000,000 X X GL5268169 4/1/2024 4/1/2025 4,000,000 A A 2,000,000 X X X CA4489663 (AOS) CA2970071 (MA) 4/1/2024 4/1/2024 4/1/2025 4/1/2025 B X X 5,000,000 X 03127930 4/1/2024 4/1/2025 5,000,000 X 10,000 C C X N WC015893685 (AOS) WC015893686 (CA) 4/1/2024 4/1/2024 4/1/2025 4/1/2025 2,000,000 2,000,000 2,000,000 D Professional Liability B0146LDUSA2404949 4/1/2024 4/1/2025 Per Claim Aggregate $2,000,000 $2,000,000 Re:Demuth Park Development;Frank Hoffman.The City,its elected officials,officers,employees,agents &volunteers are named as Additional Insureds with respects to General Liability where required by written contract.The above referenced liability policies with the exception of workers compensation and professional liability are primary &non-contributory where required by written contract.Waiver of Subrogation in favor of Additional Insured(s)where required by written contract &allowed by law.Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof,30 days' written notice (except 10 days for nonpayment of premium)will be provided to the Certificate Holder. City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs CA 92262 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 POLICY NUMBER: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location(s) Of Covered Operations COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 526-81-69 ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. PER THE CONTRACT OR AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Insurance Services Office, Inc., 2018CG 20 10 12 19 Page of1 2 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 A.Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Insurance Services Office, Inc., 2018 CG 20 10 12 19Pageof22 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART POLICY NUMBER:526-81-69 ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. PER THE CONTRACT OR AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 Page ofInsurance Services Office, Inc., 2018 1 1 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833 New Hampshire Insurance Company 04/01/202204/01/202304/01/2024 Docusign Envelope ID: 49098F1A-1CC1-4499-B9EC-5B8AFAF78833