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24Q195 - Kimley-Horn and Associates, Inc.
CONTRACT ABSTRACT Agreement; Insurance Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Kimley-Horn and Associates, Inc. Jean Fares, Vice President On-Call Traffic Engineering Services NTE $5,000,000 Budgeted projects (various accounts) 3 years (with 2 one year options) Contract Administration Lead Department: Contract Administrator: Engineering Services Joel Montalvo/Francisco Jaime Contract Approvals Council Approval Date: Agreement Number: July 25, 2024, Item 1F 24Q195 Contract Compliance Exhibits: Signatures: Insurance: Bonds: Attached Attached Attached N/A Contract prepared by: Engineering Services Submitted on: 08/13/2024 By: Vonda Teed Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Page 1 of 19 CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT 24Q195 ON-CALL TRAFFIC ENGINEERING SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this 12th day of August, 2024, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as “City”) and Kimley-Horn and Associates, Inc., (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.” RECITALS A. City has determined that there is a need for As-Needed, “On-Call” Traffic Engineering Services for a variety of future traffic related projects, (hereinafter the “Project”). B. Consultant has submitted to City a proposal to provide As-Needed, “On-Call” Traffic Engineering Services for a variety of future traffic related projects to City pursuant to the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A,” which is attached hereto and is incorporated herein by reference (hereinafter referred to as the “Services” or “Work”). The Services shall be more particularly described in the individual Task Order issued by the City. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant is a provider of 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 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Page 2 of 19 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 for Proposals and the Consultant’s Proposal, which is attached as Exhibits “B” and “C” respectively, is incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant’s Proposal. All provisions of the Scope of Services, Task Order, the City’s Request for Proposals and the Consultant’s Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms of this Agreement; (2nd) the provisions of the Task Order; (3rd) Scope of Services (Exhibit “A”), as may be amended from time to time; (4th) the provisions of the City’s Request for Qualifications (Exhibit “B”); and (5th) the provisions of the Consultant’s Proposal (Exhibit “C”). 1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable Cal/OSHA requirements. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. 1.4 Licenses, Permits, Fees and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant 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. Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Page 3 of 19 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. 1.8 Performance of Services. City Manager or Director of Engineering/City Engineer, as provided in Section 2.1 of this Agreement, shall have the right at any time during the term of this Agreement to order the performance of services as generally described in the Scope of Services to perform extra or additional work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No Work may be undertaken unless a written order is first given by the City Manager or the Director of Engineering/City Engineer to the Consultant, incorporating therein the identification and description of the Work to be performed, a maximum or not to exceed amount for such Work, and the time to perform the Work. 1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of any Work under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City. 2. COMPENSATION 2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that the Services required by this Agreement will vary dependent upon the number, type, and extent of the Services the Consultant shall provide; and no guarantee of the extent or the type of Services required of Consultant under the terms of this Agreement is made by the City. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the fee schedule set forth in Exhibit “D”. The total amount of Compensation for the duration of the term of this agreement, as defined in Section 3.4, shall not exceed $5,000,000. The annual level of services required by this Agreement is unknown and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of projects requiring the Consultant’s Services has not been identified for this Agreement, City and Consultant hereby acknowledge and agree that a specific “Maximum Contract Amount” shall be imposed on each separate project that the City may assign Consultant as provided in Section 1.8 and in this Section 2.1. Each such separate project shall be identified as a Task Order authorized by the Signatory Entity as provided in this Section 2.1. The signatory entity and signing limits are as follows: Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Page 4 of 19 City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 The method of compensation for each separate City authorized Task Order may include: (i) a lump sum payment upon completion, (ii) payment for time and materials based upon the Consultant's Schedule of Hourly Billing Rates (Fee Schedule) as shown on Exhibit “D”, or (iii) such other methods as may be specified in the Schedule of Compensation. Compensation shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense, and all other necessary expenditures required to perform the professional services under this Agreement. Compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation, therefore. It is expressly agreed that the maximum contract amount of this Agreement is undefined and is subject to the number and type of projects requiring the Consultant’s Services throughout the duration of the term of this Agreement, if any. Consultant’s compensation shall be limited to the Maximum Contract Amount identified on each separate, individually authorized Task Order corresponding to a project requiring the services of the Consultant. By approval of this Agreement, the City Council hereby authorizes the subsequent approval of individual Task Orders (Purchase Orders) in those amounts sufficient to cover the cost of required Services necessary for the projects. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit “D”), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by the City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall make reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession. Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Page 5 of 19 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. 3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written Task Order and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Majeure. The time for performance of Services to be rendered under each Task Order may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall commence on August 12, 2024 and continue in full force and effect for three (3) years. At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional one (1) year terms. Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Page 6 of 19 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Jean Fares, Project Manager/Principal. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, 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 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Page 7 of 19 shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venture or a member of any joint enterprise with Consultant. B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness 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 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Page 8 of 19 more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement. (2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Page 9 of 19 (3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subconsultants, if any, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million 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 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Page 10 of 19 volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it. B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made, or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City, or its operations shall limit the application of such insurance coverage. D. None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 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 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Page 11 of 19 coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section. K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant’s insurers to provide 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). Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Page 12 of 19 C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them. 6. INDEMNIFICATION 6.1 To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters 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. Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Page 13 of 19 7. REPORTS AND RECORDS 7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subconsultants shall provide for assignment to City of any documents or materials prepared by them, and in the event, Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by 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 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Page 14 of 19 clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Termination. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. 8.4 Default of Consultant. A. Consultant’s failure to comply with any provision of this Agreement shall constitute a default. B. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to 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 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Page 15 of 19 that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.B, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided herein. 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Page 16 of 19 9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant’s consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Page 17 of 19 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: Jean Fares, Project Manager 73-700 Dinah Shore Drive, Unit 101 Palm Desert, CA 92211 Telephone: (760) 565-5103 10.3 Entire Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees. Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Page 18 of 19 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: 64EE7002-05D9-446B-978A-BA219EA11443 Page 19 of 19 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. CONTRACTOR: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: 07/25/2024 Item No. 1F APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 8/20/2024 8/20/2024 8/20/2024 EXHIBIT “A” SCOPE OF SERVICES REFER TO REQUEST FOR QUALIFICATIONS (EXHIBIT "B") SECTION 4.2 SCOPE. Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 EXHIBIT “B” REQUEST FOR QUALIFICATIONS Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 CITY OF PALM SPRINGS, CA ENGINEERING SERVICES DEPARTMENT REQUEST FOR QUALIFICATIONS TE RFQ 20-24 ON CALL TRAFFIC ENGINEERING SERVICES ISSUED: MAY 29, 2024 Page 1 of 29 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 TABLE OF CONTENTS SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS PAGE NUMBER 1.1 Request for Request for Qualifications 3 1.2 Funding 3 1.3 Term 3 1.4 Schedule 3 1.5 RFQ Documents Location 3 1.6 Evaluation of Qualifications and Award of Contract 3 SECTION 2 – INSTRUCTIONS TO RESPONDERS 2.1 Obtaining RFQ Documents and Addenda 4 2.2 Responder’s Minimum Requirements 4 2.3 Submission of Request for Qualifications 4 2.4 Protest Procedures 4 SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT 3.1 Request for Clarifications/Questions 6 3.2 Responders Ethical Behavior 6 3.3 Request for Qualifications to Remain Open 6 3.4 Right to Accept or Reject Request for Qualifications 6 3.5 Responsibility of Responder 6 3.6 Insurance 6 3.7 Public Record 6 3.8 Cost Related to Request for Qualifications Preparation: 7 3.9 Compliance with Law 7 3.10 Licenses, Permits, Fees and Assessments 7 3.11 Investigations 7 3.12 Non-Collusion 8 3.13 Signed Request for Qualifications and Exceptions 8 3.14 Award of Contract 8 3.15 Form of Agreement 8 SECTION 4 – SCOPE OF WORK 4.1 Background 10 4.2 Scope 10 4.3 Schedule 11 4.4 Compensation 11 SECTION 5 – REQUEST FOR QUALIFICATIONS FORMAT AND ORGANIZATION 5.1 Request for Qualifications Requirements 12 5.2 Electronic Submittal Package Format 12 5.3 Submission of Request for Qualifications 14 SECTION 6 – REQUEST FOR QUALIFICATIONS EVALUATION 6.1 Evaluation of Request for Qualifications 15 6.2 Selection Process and Award of Contract 15 SECTION 7– ATTACHMENTS TO INCLUDE WITH RFQ SUBMITTAL PACKAGE 16 SECTION 8 – SAMPLE AGREEMENT 28 Page 2 of 29 29 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS 1.1 Request for Request for qualifications The City of Palm Springs is a Charter City in eastern Riverside County, CA with a population of over 48,000. The City is seeking proposals from qualified professional Traffic Engineering firms to establish a list of on-call firms to work on a variety of capital projects within the City boundaries. The City anticipates that projects will range from various traffic engineering items such as: signal warrants, signal design, signal timing sheets, collection of traffic counts and turning movements, etc. The selected consultant(s) shall be required to demonstrate successful experience and capacity to provide traffic engineering services to a municipal government agency for the types of projects named above. The City may assign projects at its sole discretion. There is no promise or guarantee of work, made or implied, by the City and all work that may be assigned is subject to approval and funding of each project. 1.2 Funding The resulting contract will be an on-call contract and the estimated not to exceed value of the contract will be $5M over the full term of the contract or approximately $1M annually. Note that projects with Federal or State grant funds may be excluded from this contract pursuant to the applicable terms and conditions of the grant requirements. 1.3 Term The Proposer shall guarantee that all contents of their submittal shall be valid for a period of 120 calendar days from the due date of submittals. The term of this contract will be for five years. 1.4 Schedule The following is the schedule for this procurement. Activity Due/Time Request for Qualifications Issued May 29, 2024 Request for Clarifications from Responders due June 13, 2024, 12:00 pm PST Request for Qualifications due June 26, 2024, 12:00 pm PST Interviews if desired by City July 2, 2024 Contract awarded by City Council on July 25, 2024 1.5 RFQ Documents Location https://pbsystem.planetbids.com/portal/47688/portal -home (See TE RFQ 2024 -0515.) 1.6 Evaluation of Qualifications and Award of Contract This solicitation has been developed in the Request f or Qualifications (RFQ) format for the acquisition of Professional Services on the basis of demonstrated competence and qualifications for the type of services required consistent with the provisions of CA Government Code 4525/4526 and Municipal Code 7.04.050. Accordingly, firm s should take note that multiple factors as identified in the RFQ will be considered by the Evaluation Committee. Price is evaluated as part of the evaluation criteria. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council. The selected firm will be required to comply with all insurance and license requirements of the City. END SECTION Page 3 of 29 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SECTION 2 – INSTRUCTIONS TO RESPONDERS 2.1 Obtaining RFQ Documents and Addenda: RFQ documents can be found on PlanetBids at: https://pbsystem.planetbids.com/portal/47688/portal -home Responders will need to log in and locate this RFQ for all related documents. It is the Responder ’s responsibility to check the PlanetBids site regularly to stay current on the documents that are available as this is the primary communication site for this RFQ. 2.2 Responder’s Minimum Requirements – evaluated on a pass/fail basis: A. Experience: The Responder must have at least 5 years’ experience providing traffic engineering services for public works projects and a minimum of 20 years providing traffic engineering services (inclusive of public/private TE work) as a business. Responders shall outline this experience in Section A of the request for qualifications. B. Related Projects: The Responder must list three (3) projects completed within the last five (5) years’ showing traffic engineering related work for a public agency. The firms’ contract price for these projects must be equal to or greater than $120,000 each (design/support costs, not total construction costs). Responders shall outline this experience in Section A of the request for qualifications. C. Business License: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled “Business Tax”. Responders may obtain the license after award but must do so promptly as the license will be routed with the contract for final signature. 2.3 Submission of Request for qualifications: Requests for Qualifications will be electronically received through the Planet Bids electronic platform as provided in this RFQ until the time specified in the schedule. The receiving time date stamp in the electronic PlanetBids system will be the governing time for acceptability of request for qualifications. Paper request for qualifications, or request for qualifications sent by any other means will not be accepted. Failure to register as a Responder to this RFQ process per the instructions in the Request for Qualifications (under “Obtaining RFQ Documents”) may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a request for qualifications as being non-responsive or negatively impact the evaluation of a request for qualifications. Request for qualifications files shall be clearly labeled per the instructions provided and submitted electronically. 2.4 Protest Procedures. This section sets forth the protest remedies available with respect to the RFQ process. Each responder by submitting its RFQ, expressly recognizes the limitation on its rights to protest contained herein, and expressly waives all other rights and remedies. Each responder agrees that the decisions on any protest, as provided herein, will be final and binding on the protestant. All protests and related statements described in this section shall be submitted for filing to the following email address: Francisco.Jaime@Palmspringsca.gov . A. If any attempts to resolve respondent concerns during the request for clarifications/question and answer period were unsuccessful, protests regarding the RFQ requirements shall be filed only after the Q&A period ends, but no later than five calendar days after the final addendum is issued. Responders may protest the RFQ requirements on the grounds that: 1. A material provision in the RFQ notice is ambiguous to a point that the responder cannot respond to the solicitation, or 2. The RFQ restricts fair and open competition, 3. Any aspect of the RFQ requirements described herein violates applicable Local, Page 4 of 29 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 State or Federal law. 4. Protests regarding the RFQ requirements shall completely and succinctly state the grounds for protest and shall include all factual and legal documentation in sufficient detail to establish the merits of the protest. Evidentiary statements, if any, shall be submitted under penalty of perjury. The protestant shall have the burden of proving its protest by preponderance of the evidence. The outcome of the RFQ requirements protest shall be decided on the basis of the written submissions by the Engineering Serv ices Department in conjunction with the City ’s Legal Department, whose decision shall be final and binding on the protestant. The City will issue a written decision regarding any protests to the respondent or to each participating respondent. 5. Notwithstanding the existence of a protest, the City may continue the procurement process. The failure of a respondent to file a basis for a protest regarding the RFQ requirements within the applicable period shall preclude consideration of that ground in any future protest related to RFQ requirements. 6. This is the only time a prospective consultant can file a protest over RFQ requirements. 7. The City may issue addenda or extend the RFQ due date to address the issues raised in a requirement related protest. B. Protests Regarding Selection of the Most Highly Qualified Team 1. The City will only consider protest by respondents that submitted RFQs. 2. Respondents may protest the selection of the Most Highly Qualified firm only on the grounds that the City did not comply with RFQ process and procedures. 3. Any protests regarding the City ’s decision of Selection of the Most Highly Qualified firm shall be filed within seven calendar days after the selection or recommendation of intent to award of the Most Highly Qualified firm. The City will not accept protests filed after this time period. 4. The City will not entertain protests of RFQ requirements during this stage in the process. 5. The protestant shall file a detailed written statement on the grounds, legal authority , and facts, including all documents and evidentiary statements in support of the protest. Evidentiary statements, if any, shall be submitted under penalty of perjury. The protestant shall have the burden of proving its protests by a preponderance of the ev idence. Failure to file a protest within the applicable period shall constitute a waiver of the right to protest the selection of the Most Highly Qualified firm. 6. The City shall issue a written decision regarding the protest within 30 calendar days after the filing of the detailed statement of protest. The decision shall be final and binding on the protestant. 7. The City reserves the right to request information and/or documentation from the selected Most Highly Qualified firm to respond to issues raised in a protest. C. Under no circumstances shall the City be held liable for payment of the protestant’s costs or attorneys’ fees. The City shall not be liable for any damages to the protestant filing the protest or to any participant in the protest, on any basis, express or implied. END SECTION Page 5 of 29 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT 3.1 Request for Clarifications/Questions: A. Questions are to be submitted through PlanetBids vendor portal at the following link: https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the RFQ. B. Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFQ. The deadline for all questions is as outlined in the schedule. Questions received after this date and time m ay not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. 3.2 Responders Ethical Behavior: Responders, their representatives, agents, or anyone else acting on their behalf are specifically directed not to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFQ other than as directed below. Contact with anyone other than as directed below will be cause for rejection of a request for qualifications. 3.3 Request for qualifications to Remain Open: The Responder shall guarantee that all contents of their request for qualifications shall be valid for a period of 120 calendar days from the due date of request for qualifications. 3.4 Right to Accept or Reject Request for qualifications: The City of Palm Springs reserves the right to waive any informality or technical defect in a request for qualifications and to accept or reject, in whole or in part, any or all request for qualifications and to cancel all or part of this RFQ and seek new request for qualifications, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City. 3.5 Responsibility of Responder: All firms responding to this RFQ shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFQ without an authorized signature, falsified any information in the request for qualifications package, etc.), the request for qualifications shall be rejected. 3.6 Insurance: Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFQ. The successful Responder will be required to comply with these provisions. It is recommended that Responders have their insurance provider review the insurance provisions BEFORE they submit their request for qualifications. 3.7 Public Record: A. All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 7921 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Gov ernment Code 7922 during the negotiation process, may be made public after the City ’s negotiations are completed, and Staff has agendized the recommendation to the City Council for the award of a contract to a specific firm, but before final action is taken by the City Council to award the contract. Page 6 of 29 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 B. Although the California Public Records Act (“CPRA”) recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a request for qualifications is a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” Proprietary,” or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek p rotection from disclosure by a court of competent jurisdiction. C. If a submitting party contends that a portion of the request for qualifications is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records l aws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys’ fees, brought by a person challenging the City ’s refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a request for qualifications or any other person or entity, because of the release of such information. The City will not return the original or any copies of the request for qualifications or other information or documents submitted to the City as part of this RFQ process. The City may not recognize request for qualifications where all the information, via a blanket statement, is submitted as proprietary information or a trade secret. Such request for qualifications may be found non-responsive. 3.8 Cost Related to Request for qualifications Preparation: The City will NOT be responsible for any costs incurred by any firm responding to this RFQ in the preparation of their Request for qualifications or participation in any presentation if requested, or any other aspects of the entire RFQ process. 3.9 Compliance with Law: Responder warrants that all services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. 3.10 Licenses, Permits, Fees and Assessments: Responder represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this RFQ. Responder represents and warrants to City that Responder shall, at its sole cost and expense, keep in effect at all times during the term of the Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Responder to perform the Work and Services under the Agreement if so awarded. Responder shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the Resp onder’s performance of the Work and Services required under the Agreement if so awarded. Responder shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. 3.11 Investigations: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFQ to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any request for qualifications if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. Page 7 of 29 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 3.12 Non-Collusion: The undersigned, by submission of this procurement f orm, hereby declares that this request for qualifications is made without collusion with any other business making any other request for qualifications, or which otherwise would make a request for qualifications. Responder must execute an Affidavit of Non-Collusion provided as Attachment “B” in the RFQ and include it with their request for qualifications. 3.13 Signed Request for qualifications and Exceptions: Submission of a signed request for qualifications will be interpreted to mean that the firm responding to this RFQ has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Qualifications, and any attached sample agreement. Exceptions to any of the language in either the RFQ documents or attached sample agreement, including the insurance requirements, must be requested under the request for clarifications/questions process by the deadline for questions. Any requested changes to the contract will be considered at that time and if changes are allowed, they will be sent out through an Addendum to all Responders. Exceptions to the City ’s RFQ document or standard boilerplate language, insurance requirements, terms, or conditions, etc. may only be considered during the early stage of the solicitation process; and shall not be included in the submitted request for qualifications. The City makes no guarantee that any exceptions will be approved but will consider any requests put forward in the request for clarification/question process. 3.14 Award of Contract: It is the City ’s intent to award a contract to the firm or firms that can provide all of the scope of work tasks identified in the RFQ document. However, the City reserves the right to award multiple contracts, or to make no award, whichever is in the best interest of th e City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final. 3.15 Form of Agreement: A. The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Contract Services Agreement (see Section 8). Please note that the exhibits are intentionally not complete in the attached sample standard document. These exhibits will be negotiated with the selected firm and will appear in the final Contract Services Agreement executed between the parties. B. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Responder refuses or fails to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Responder, and so on. C. We specifically draw your attention to the language in the sections of the sample contractual agreement attached entitled “Conflict of Interest” and “Covenants Against Discrimination” and recommend all firms carefully consider these contractual requirements prior to submitting a request for qualifications in response to this RFQ. Firms that submit a request for qualifications in response to this RFQ shall certify the following: D. Conflict of Interest. Responder acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Responder enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Responder warrants that Page 8 of 29 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Responder has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. E. Covenant Against Discrimination. In connection with its performance under this Agreement, Responder shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Responder shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City ’s lawful capacity to enter this Agreement, and in executing this Agreement, Responder certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Responder activity, inc luding but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Responder is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. END SECTION Page 9 of 29 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SECTION 4 – SCOPE OF WORK 4.1 Background: The City utilizes qualified professionals to provide licensed On Call Traffic Engineering Services for various projects ranging from signal warrants, signal design, signal timing sheets, collection of traffic counts and turning movements, etc. The City recognizes that the key to a successful Engineering Services Department is a good design and support team. The purpose of this contract is for Consultant(s) who have the right skill set and experience levels to assist the City with On Call Traffic Engineering Services. This work will be provided on an on-call as-needed basis and no amount of work is guaranteed. The contract value is based on an estimate only and not reflective of the actual amount of work that may or may not be performed. The City will issue Task Orders to the Consultant to provide the requested services associated with each project, as the need occurs for such services. Work will be performed on either a lump sum or cost-plus fixed fee basis as defined in each task order. All proposals must be made on the basis of the requirements contained herein. Individual tasks may require supervision, consultants, materials, equipment and supplies necessary to complete any services required. All services shall be performed in compliance with industry and professional standards and all applicable federal, state, and local laws, ordinances and regulations including Americans with Disabilities Act (ADA), Greenbook, Caltrans, (or most applicable or current edition at the time of assigned project), California Manual on Uniform Traffic Control Devices (MUTCD), and the rules and ordinances of the County of Riverside and the City of Palm Springs. 4.2 Scope: It will be the responsibility of the successful firm(s) to determine the necessary staffing level required to perform the scope of service as may be required for a project when assigned. The City will not provide dedicated workspace or office space, city staff or city resources, printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. The City may assign projects at its sole discretion. Responsibilities may include, but are not limited to, the following: A. Traffic Signal/Device Design. B. Provide traffic signal warrants and other warrants as requested. C. Act as the City of Palm Springs representative on contract document interpretation and related contract matters during construction of projects. D. Prepare or examine engineering plans, specifications, designs, cost estimates, bid proposals, and legal descriptions. E. Represent the City in meetings with contractors, developers, other agencies, utility companies, and/or Caltrans. F. Review/evaluate complex plans and traffic studies prepared by developers, consultants, utilities, and others. G. Perform contract administration functions, negotiations on behalf of the City, and recommend change orders when applicable. H. Create or update City standards as it relates to City traffic related standards. I. Provide support during bidding, construction, and project closeout. J. Prepare and submit necessary documents, and coordinate with various regional, county, state, federal, and utility companies. K. Assist with bidding procedures, prepare bid summaries, and make recommendations for Page 10 of 29 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 consideration to award contracts for planning, design, and/or construction. L. Prepare correspondence, reports, studies, and memoranda necessary to administer various City capital improvement projects. M. Assist the City in tasks necessary to expedite project delivery such as “trouble shooting” and resolving issues with Caltrans, jurisdictions, regulatory parties, and other affected agencies that may hamper project delivery schedules. N. Attend project development team meetings and other stakeholder and community meetings for the projects. O. Employ project administration, contract administration, and project control techniques to ensure projects are delivered within approved scope, schedule , and budget. P. Other duties as requested by the City Engineer 4.3 Schedule: Work will commence on issuance of individual task orders and the task orders will define the schedule for the work. 4.4 Compensation: Work will be authorized under individual task orders and will be compensated on either a lump sum or cost-plus fixed fee basis utilizing the hourly rates, approved overhead and fee/profit included in the contract. Contract pricing in each task order shall include all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the C ity. There is no specific amount of work guaranteed as this is an on-call contract. END SECTION Page 11 of 29 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SECTION 5 – REQUEST FOR QUALIFICATIONS FORMAT AND ORGANIZATION 5.1 Request for qualifications Requirements: The firm ’s request for qualifications should describe the methodology to be used to accomplish the project objectives. The request for qualifications should also describe the work which shall be necessary in order to satisfactorily complete the described requirements. 5.2 Electronic Submittal Package Format: Firms are requested to format their request for qualifications so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 below. The request for qualifications must be in an 8 ½ X 11 format, minimum 11pt font size, minimum ¾” margins, and may be no more than a total of 24 electronic pages, including cover letters, organization charts, staff resumes, and appendices. NOTE: Front and Back Covers, Dividers, Attachments and Addenda acknowledgment do NOT count toward the limit (everything else does). Responders must provide the information identified below. All such information shall be presented in a format that directly corresponds to the numbering scheme identified here. The electronic submittal package shall be clearly marked as per the instructions above and shall include the Sections A, B, C, D and E below: Section A: Firm /subcontractors Qualifications and Experience including references. A.1 Please provide a description of the services that your company has provided in other cities or public entities, how long you have been in operation, and any unique features of the services you offer. Please also include how you meet the minimum requirements that will be scored on a pass-fail basis. A.2 Indicate the name of any sub-contractor firms or contractors that will be utilized to make up your team. Describe each subcontractor ’s qualifications, background, and specific expertise that they bring to the project. A.3 The selected Consultant shall demonstrate familiarity of providing services for traffic engineering related projects and has a clear understanding of all applicable and current edition at the time of assigned project - federal, state, and local laws, ordinances and regulations including Americans with Disabilities Act (ADA), Greenbook, Caltrans, California Manual on Uniform Traffic Control Devices (MUTCD), and the rules and ordinances of the County of Riverside and the City of Palm Springs. A.4 In addition to the three references on the form provided of information about recent customers for who your firm has provided similar services as contemplated herein. A.5 In addition to the form, in this section of your proposal please provide any additional information that would explain in more detail the work undertaken with the references provided and any other material information you would like the City to know about your work for that reference that is relevant to the work described in this RFQ. Section B: Staff /Teams qualifications and experience including References. B.1 The Responders to a description of how they plan to staff the various projects. B.2. Identify availability of resources to respond to the needs of the City under an on-call arrangement as outlined in the scope of work. B.3. List the name and qualifications of the key staff/team members that will be assigned to the project. Include resumes of key staff. B.4. Provide an organization chart. Page 12 of 29 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 B.5. Provide information of related projects the key staff have worked on that would make them well suited for this contract. B.6. The respondent should list any organizations they plan to partner with to implement the scope of work. Section C: Demonstrated understanding of the overall project and requested scope of work. C.1 Proposed Approach for Implementing the Scope of Work. Please describe how you would approach the Scope of Work for the City of Palm Springs. This would include how you would address or enhance the tasks in the Scope of Work and how you would partner with the City to implement the service. C.2 Discuss your team ’s experience with state and federally funded projects and the procedural requirements of managing projects to comply with state and federal regulations. C.3 Include a discussion on your approach to coordination efforts with City Staff, Caltrans, CVAG, local agencies, utility companies, other regulatory , or permitting agencies involved with the projects. C.4 Discuss how your team will identify project problems, issues or conflicts that need to be resolved and the general approach to resolving them and how your team has handled unforeseen problems on projects in the past, including any innovative or advanced techniques your team has developed. C.5 Discuss your team ’s approach to project controls to track project progress and expenditures, maintain critical contract documents, administer , and monitor contracts and maintain critical project information. C.6 Anything else the City should consider as part of this process. Responders should provide any insights or advice they feel may assist the City in implementing the Scope of Work. C.7 Identify any “key” or “critical” issues that you believe may be encountered based on the firm ’s prior experiences; and provide steps to be taken to ensure the issues identified do not affect the successful delivery of the service. Section D: Financial Responsibility D.1 Please provide a statement explaining the financial health of your company that demonstrates the ability to contract for the work described in this RFQ. Section E: Forms (Attachments): - Include the following completed forms with your RFQ A. Completed Signature authorization and Addenda Acknowledgment B. If applicable, your specific request for Local Preference and a copy of a valid business license from a jurisdiction in the Coachella Valley. C. Completed Affidavit of Non-Collusion. D. Completed No Conflict of Interest and Non-Discrimination Form E. Completed Public Integrity Business Disclosure Form F. Complete the Reference Form G. Complete Executive Order N -6-22 Certification H. Fee Schedule Page 13 of 29 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Section F: Fee Schedule Provide a Fee Schedule on the form provided (Attachment H) that establishes specific fixed hourly rates, for each class of employee engaged directly in the work. Such rates of pay include the Respondents estimated costs and net fee (profit). Federal regulations require that profit be separately negotiated from contract costs. The specific rates of compensation are to include an hourly breakdown, direct salary costs, fringe benefits, indirect costs, and net fee. Other direct costs may be included, such as travel and equipment rentals, if not already captured in the indirect cost rate. Rates used shall be auditable and reflect actual supportable costs. 5.3 Submission of RFQ One electronic file shall be uploaded to the PlanetBids vendor portal at the following link: https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the RFQ. All submissions must be time and date stamped by the system as being received by the deadline. Late submissions will be rejected. Request for qualifications not meeting the above criteria may be found to be non- responsive. END SECTION Page 14 of 29 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SECTION 6 – REQUEST FOR QUALIFICATIONS EVALUATION 6.1 Evaluation of Request for Qualifications: This solicitation has been developed in the RFQ most qualified firm format. Accordingly, firms should take note that multiple factors as identified in the RFQ will be considered by the Evaluation Committee to determine which request for qualifications best meets the requirements set forth in the RFQ document. An Evaluation Committee, using the following evaluation criteria for this RFQ, will evaluate all responsive request for qualifications to this RFQ. Firms are requested to submit their request for qualifications so that they correspond to and are identified with the following specific evaluation criteria (100 total points possible): Criteria Points Minimum Requirements: Required Experience Pass/Fail Firm’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ, including References 20 Staff / Team’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ 15 Demonstrated Understanding Overall project and Scope of Work: • Capability of developing innovative or advanced techniques. • Demonstrated Technical ability. • Familiarity with state and federal provisions. 50 Local Status (5 local / 0 not local) 5 Financial Responsibility 5 Fees/Costs 5 Total* 100 Prior City work - If your firm has prior experience working with the City do not assume this prior work is known to all members of the evaluation committee. All firms are evaluated on the information contained in their request for qualifications, information obtained from references (including the city and past performance if applicable), and presentations if requested. All request for qualifications should be prepared as if the evaluation committee members have no knowledge of the firm, their qualifications, or past projects. *Interviews – The City reserves the right to interview top ranking responders. If interviews are required, the responders invited to interview will be notified in advance and provided a format and time for the interviews. An additional 25 points will be used to score the interview based on the same criteria listed in the RFQ. The 25 points will be prorated in the same proportion as the request for qualifications scoring listed in the table above. 6.2 Selection Process and Award of Contract: Selection will be made by totaling the points for the request for qualifications and interviews if required. Since this is on-call work and therefore no cost proposal can be obtained at this time, the Responder(s) with the highest number of points will be recommended for award assuming the rate schedule submitted represents fair and reasonable rates to perform future task ordered work. If the fee schedule is not reasonable, the process may continue with the next highest ranked Responder. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council or City Manager depending on value. The selected firm will be required to comply with all insurance and license requirements of the City. END SECTION Page 15 of 29 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 EXHIBIT “C” CONSULTANT SIGNED PROPOSAL Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Traffic EngineeringServices -Call On STATEMENT OF QUALIFICATIONS FOR PREPARED FOR: (TE RFQ 20-24) Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On 73-700 Dinah Shore Drive, Unit 101 Palm Desert, CA 92211 TEL 760.565.5103 City of Palm Springs TRCALAD000357.2024 1 Cover Letter June 26, 2024 Francisco J. Jaime, PE Principal Civil Engineer City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: Statement of Qualifications for On-Call Traffic Engineering Services Dear Mr. Jaime and Members of the Selection Committee, The City of Palm Springs seeks a qualified team of skilled traffic and transportation professionals to provide On-Call Traffic Engineering Services. Kimley-Horn brings forth a wealth of local experience and has successfully served the City throughout the past five years under the current On-Call Traffic Engineering Services Contract. We are committed to continuing this partnership and offer the following key benefits: Local Responsive Team with Robust Resources. Kimley-Horn’s Local Office is just 9 miles away from Palm Springs City Hall. The City of Palm Springs has almost 100 active engineering projects - many of which are traffic-focused. Our team augments City staff resources, promptly responding to requests and solving complex traffic engineering challenges. Our local knowledge of the City is complemented by a regional understanding, with traffic engineering experience in the following neighboring cities: Rancho Mirage, Palm Desert, Indian Wells, Indio, La Quinta, Coachella Valley Association of Governments (CVAG), and Caltrans District 8. We are a full-service engineering firm, equipping us with a team of partners who can support traffic projects in areas such as environmental clearance, civil improvements, and planning documentation. Sincere Understanding of the City. We’ve assembled a team of technical experts to serve you. Our team is led by Jean Fares, TE, the current On-Call Traffic Engineering Services Project Manager. He has over 35 years of experience and has worked on over 15 projects in the City of Palm Springs covering traffic signal design, traffic signal timing, communication upgrades, engineering and traffic survey (E&TS), warrant analyses, plan review, utility documentation, and active transportation design. Our understanding of the City’s needs, standards, and internal procedures, removes any learning curve, and allows us to effectively serve you. Proven and Creative Approach to Similar Projects. Palm Springs needs a consultant with the experience and commitment to deliver responsive service while thinking outside of the box. We understand the importance of using design standards, but we also recognize that following the status quo can lead to unnecessary schedule delays and financial costs for a project. We are creative problem-solvers that go beyond referencing manuals and effectively deploy standards to expedite schedules and address the City’s specific needs. We approach each project expecting the unexpected and sequencing tasks accordingly. Considerations that go into each project include community outreach, agency coordination, potential utility and design conflicts, environmental process, and opportunities to secure funding sources. We have secured a robust team of experienced technical experts. With this experience comes the lessons learned and institutional knowledge that helps us think several steps ahead of the project. Thank you for your consideration of Kimley-Horn to provide On-Call Traffic Engineering services. We are confident that the qualifications presented in this proposal demonstrate our ability to provide comprehensive on-call services to the City of Palm Springs. Should you have any questions about our proposal, or require any additional information, I can be reached directly at 818.970.2048 or via e-mail at jean.fares@kimley-horn.com. Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 2 Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Jean Fares, TE * Project Manager/Principal *As a Principal, Jean is an authorized officer of the firm and is able to negotiate and sign contracts on behalf of Kimley-Horn. 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 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 7,500 personnel in 133 offices nationwide, with 12 offices in California—including our local Coachella Valley office less than 10 miles from the City’s offices—which staff over 750 engineers, planners, analysts, and administrative staff. Kimley-Horn is recognized as a leader in engineering consulting for both the public and private sector. 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 dedicated 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 only a national firm can offer. Some of our principal practice areas include: 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 Review of Traffic Control Devices Street Circulation Planning and Design Street Lighting and Photometric Analysis Intelligent Transportation Systems (ITS) Planning and Design Fiber Optic Interconnect Civil Engineering Roadway and Streetscape Design Active Transportation Planning and Design Parking Studies and Implementation Transit Planning and Design Safe Routes to School Programs Pedestrian and Bicycle Facilities Planning and Design 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 a local government. Our professionals specifically understand the complexities of on-call assignments and know how to develop solutions unique to each community we serve. 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. TABLE OF CONTENTS Cover Letter .....................................................................1 Section A: Firm Qualifications and Experience ....................2 Section B: Staff/Team Qualifications and Experience .........10 Section C: Demonstrated Understanding of the Overall Project and Requested Scope of Work ..................18 Section D: Financial Responsibility ...................................23 Section E: Forms (Attachments) .......................................24 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 3 The matrix 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 on-call contract. Collaborative Work History with Cities in the 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 in a timely and efficient manner. This expertise is invaluable when it comes to designing sustainable and resilient infrastructure solutions that are 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 Associations of Governments (CVAG), Riverside County Transportation Department (RCTD), Riverside County Transportation Commission (RCTC), Caltrans, utility agencies, and other local agencies, which allows us to effectively communicate and build a project consensus in a timely manner. Our team understands urgency and budgetary requirements of 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 allows us to have a deep understanding of the community’s needs and priorities. Jean Fares, TE will be the main point of contact for the City, providing overall management, coordination, and quality for Kimley-Horn’s on-call services. Jean will be supported by a team of experienced engineers, planners, IT specialists, and analysts available to the City as needed for the duration of this program. On the following page we have included a sample of some of our recent projects and on-call contracts throughout the region that have similar scope to this contract. Projects Traffic Signal DesignWarrant AnalysisSigning and StripingTraffic Control Traffic Calming Conceptual EngineeringParking StudiesSchool-related OperationsITS DesignPlan Review ServicesTraffic Study Analysis/ ReviewIntersection ImprovementsEngineering and Traffic SurveysCollision Trend Analysis and Safety StudiesGIS MappingPresentationsGrantsOn-Call Traffic Engineering Services, Palm Springs, CA Various Traffic Engineering, Services, Palm Desert, CA Design of Traffic Signal Interconnect Improvements, Rancho Mirage and Palm Desert, CA On-Call Traffic Engineering Services, Diamond Bar, CA On-Call General Engineering Services, Agoura Hills, CA As-Needed Professional Engineering Services, Inglewood, CA On-Call Traffic Engineering Services, Glendale, CA On-Call Traffic Engineering Services, Downey, CA On-Call Traffic Engineering Services, Pasadena, CA On-Call Traffic Engineering Services, Thousand Oaks, CA On-Call Engineering Services, South El Monte, CA As-Needed Traffic Design Services for Various County Projects, Los Angeles County, CA On-Call Traffic/Civil Engineering, Industry, CA General Public Works On-Call Engineering Services, Culver City, CA On-Call Traffic Engineering Services, Santa Clarita, CA Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 4 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 and local subconsultant firms—Traffex Engineers, Inc., and Forbes Traffic Solutions, Inc., to provide traffic signal timing, fine tuning, and integration services for this project. Brief profiles of these teaming partners are provided below, showcasing their qualifications and experience. Traffex Engineers, Inc. Traffex Engineers, Inc. and Nazir Lalani, PE, TE have provided traffic signal timing services for hundreds of traffic signals. This includes timing signals for independent, isolated operation as well as coordination timing for signals in synchronized systems. Nazir has implemented ITS central systems, including Aries, Centracs, and QuicNet, to monitor the performance of individual signals and groups of coordinated signals. Recently, Traffex Engineers completed traffic signal synchronization projects include all the major corridors in the City of La Quinta, Highway 111 from Frank Sinatra Drive to Jefferson Street, Fred Waring Drive from Dune Palms Road to Monterey Avenue, Monterey Avenue from Fred Waring Drive to Interstate 10 in the Coachella Valley area. Traffex has partnered with Kimley-Horn in the Cities of Rancho Mirage and Palm Desert to provide signal timing and fine tuning at over 100 signals. Forbes Traffic Solutions, Inc. Jim Forbes has been an integral contributor to the transportation industry for over 30 years and founded Forbes Traffic Solutions, Inc. in June of 2014. He has teamed with Kimley-Horn on multiple projects in the Coachella Valley and is familiar with technologies in the local and regional context, including: • Signal Timing Coordination • ITS Infrastructure - Fiber, Cellular, Copper, and Radio • Emergency Vehicle and Railroad Preemption • Vehicle Detection • Transit Signal Priority • Integration of Comprehensive Systems Recently he has successfully resolved infrastructure and design challenges for various agencies, including the Cities of Rancho Mirage, South Gate, La Verne, Rancho Cucamonga, Redlands, and Orange. In addition, he has assisted in updating and converting existing controller database information to new controllers for the Cities of Rancho Mirage, Orange, South Gate, Placentia, and Redlands. Jim also has experience resolving intersection and systems traffic control issues for upcoming major area events, communication systems, timing coordination, railroad preemption, TSP, EVP, and control operations issues for the Cities of La Quinta, Indian Wells, and Palm Desert, among others. A.3 – Relevant Service Experience Service Area Highlights Traffic Engineering Kimley-Horn offers complete traffic engineering and design services in-house. We have completed thousands of traffic engineering and operations projects both locally and across the U.S., ranging from major area wide signal systems involving hundreds of intersections to single intersection safety audits, designs, and analyses. Traffic operations, traffic safety, and levels of service are key components in evaluating roadway networks and identifying areas for improvement as well as those warranting further study. We utilize the latest analytical tools including the Highway Capacity Manual (HCM), Synchro, SimTraffic, CORSIM©, and VISSIM, to perform technical operations analyses. We have found these tools to be useful for public involvement and education. In addition, our staff can translate these analyses into easy-to-understand language for public officials and project stakeholders. Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 5 Traffic Signals/Traffic Control Devices Signal design and construction is one of the cornerstones of Kimley-Horn’s professional practice. Over the past five decades, we have developed signal designs for thousands of intersections for state Departments of Transportation (DOTs) and municipalities nationwide. Our experience in advanced traffic management projects include citywide signal system designs, transportation control centers, electronic toll facilities and revenue control systems, and innovative transit and public transportation systems. Each of our systems is designed not only to address current needs, but also to accommodate future growth and advances in technology. We have been responsible for virtually every aspect of traffic systems, including PS&E packages, conceptual designs, operational feasibility, communication architecture, system design, software development, and deployment and implementation plans. Vehicle Miles Traveled (VMT) and VMT Banking Our team’s knowledge is much broader than just travel demand models. We have demonstrated the ability to translate complex land use plans and scenarios into useable forecasts on which important policy and planning decisions can be based” Our modeling staff has been calculating VMT long before SB 743 was a hot topic and have experience developing a variety of off-model tools to facilitate VMT analysis. Our team understands land use, zoning, and general plans, how they relate to transportation, and how mixtures of typical and atypical land uses interact. We have assisted clients with addressing complex VMT questions and the development of tools to facilitate the types of high-level analysis to comply with Environmental Impact Report (EIR) requirements. Intelligent Transportation Systems (ITS) and Integration Kimley-Horn understands the importance of ITS and its applicability to today’s transportation system. We specialize in integrating the components of the total system—the road, the vehicle, and the traveler—to make getting around safer and more efficient. ITS, including successful inter-agency program management, feasibility studies, and strategic plans, are among Kimley-Horn’s key strengths in technology and traffic signal-related transportation work. Utilizing a pool of highly talented systems, software, and electrical engineers, these kinds of projects require a broad-scale vision and a depth of experience in assisting local, regional, and state agencies in identifying and prioritizing its transportation deficiencies, and in finding solutions to those transportation problems. Our engineers have designed thousands of miles of fiber-optic networks, prepared design plans for thousands of new traffic signal installations, and performed hundreds of technology assessments for clients to ensure that specific user needs are met with sound and available technologies. Our resident electrical engineers and IT professionals also provide us with a unique view into the software component of the signal designs and, most often, enable us to provide connectivity, incorporate varying levels of ITS components, and successfully integrating systems. 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 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. PLANNINGOUTREACH DESIGNRacquet Club Road Informing Collaborative Consensus VisionaryTechnical Practical Standards Creative AnalysisITERATIVECOMPROMISEBALANCEDocusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 6 Our team also possesses a wealth of experience in intersection design. We understand that intersections are a dynamic element in transportation infrastructure. The efficiency of intersection operation maximizes the 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, every intersection requires careful study to develop and apply safe, efficient, and flexible design. ADA Street and Design Guidelines Kimley-Horn is a recognized leader in pedestrian facilities design. Our professionals are on the forefront of implementation of the Americans with Disabilities Act (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 our clients along with the general public. ® ® 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 also gained great 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. A.4 – Project Experience and References Project Experience City of Palm Springs, Highway Safety Improvements (HSIP) Cycle 9 Traffic Signal Improvements, Palm Springs, CA Kimley-Horn is working with the City of Palm Springs to upgrade traffic signal equipment at nine intersections to improve motorist and pedestrian and bicyclist safety. The nine project intersections were identified based on a high number of unsafe speeding vehicles, traffic signals and signs, and automobile right-of-way related collisions. Kimley-Horn’s services include the installation of Advanced Dilemma Zone Detection, implementing a protected left-turn phase, and the upgrade of pedestrian signal heads and push buttons (PPBs). In addition, Kimley-Horn is upgrading the Americans with Disabilities Act (ADA) curb ramps to improve pedestrian safety where ADA compliant ramps are currently not present. This project also includes the implementation of new traffic signal timing plans to improve traffic operations and safety throughout the day. The project controllers have Q-Free Kinetic software and are controlled by a Kinetic Mobility central system. Kimley-Horn is providing civil, traffic, and environmental services which includes environmental preliminary engineering services (PES) and California Environmental Quality Act/National Environmental Policy Act (CEQA/NEPA) documents. The project was just released for construction bidding and will be starting construction shortly. Client Reference: Francisco Jaime, Principal Civil Engineer 3200 E. Tahquitz Canyon Way, PO Box 2743, Palm Springs, CA 92262 760.323.8299 | francisco.jaime@palmspringsca.gov Relevant Project Highlights »Nine intersection improvements »Citywide roadway safety analysis »Signal hardware upgrades to intersections with highest collision frequency »Installed Advanced Dilemma Zone Detection »Implementation of left-turn phase »ADA curb ramp improvements »Traffic signal timing improvements Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 7 City of Palm Springs, On-Call Traffic Engineering Services, Palm Springs, CA Kimley-Horn was selected by the City to provide on-call traffic engineering services. Typical services include traffic signal design, traffic signal warrants, various traffic studies, and other technical documentations such as speed surveys, timing sheets, traffic counts, and turning movements. The Kimley-Horn team has completed several task orders which have covered a unique range of traffic and transportation related projects: Project Dates: August 2019 – July 2024 Client Reference: Francisco Jaime, Principal Civil Engineer 3200 E. Tahquitz Canyon Way, PO Box 2743, Palm Springs, CA 92262 760.323.8299 | francisco.jaime@palmspringsca.gov ◢Traffic Management Center (TMC) Troubleshooting and Timing Plan Review. Kimley-Horn is performing a TMC troubleshooting and evaluation project for the City. The project includes evaluation the existing traffic signal communication network to identify any problems and suggest solution and recommendations. Kimley-Horn will review the existing signal timing and coordination along the interconnected corridors in the City. The optimization will be performed in the Synchro software, using existing traffic volumes, lane geometry, and signal timing. Kimley-Horn will also prepare updated timing sheets and implement the updated timing at intersections with assistance from the City. Finally, Kimley-Horn will conduct field visits to selected intersections to perform a field check and assemble an inventory of traffic signal components. Project Dates: February 2020 – February 2023 ◢Traffic Signal Communication System Support. Kimley-Horn was selected for the 2023 phase of this project. This project includes new recommendations due to the construction of CV Sync Phases 1 and 2. The main goal of the 2023 phase of this project to establish compatibility with the new TMC, planned under the CV Sync Project. CVAG provided a laptop to our team to connect virtually to the CVAG TMC. This provides our team with full access for troubleshooting and fine-tuning. Project Dates: May 2023 – Ongoing Relevant Project Highlights »Traffic signal compatibility »TMC compatibility »CV Sync TMC training »Full access obtained for TMC support Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 8 ◢Road Reconfiguration Projects (South Palm Canyon Drive & Racquet Club Road) – Kimley-Horn is developing the planning, design, and outreach for two road reconfiguration projects within the City of Palm Springs. These projects include a comprehensive planning study which analyzes the level of service (LOS), safety, parking, and feasibility of potential bicycle and pedestrian facility improvements. The planning study is linked to a comprehensive outreach strategy that engages the City’s community in developing and selecting a final alternative for design. Design elements under these projects include signing and striping, buffer treatments for bicycle facilities, traffic signal modification, and civil enhancements. ◢Pavement Management Program Support – Kimley-Horn is conducting an evaluation of the City’s current pavement management program. The Team has developed an assessment of the existing database, identifying inconsistencies with field conditions and providing recommendations for Pavement Management Program enhancement. These updates were submitted to the City for approval and are currently being implemented into the City’s Geographic Information Systems (GIS) database for more accurate data. Kimley-Horn is also providing field review for key and strategic corridors to update the pavement management database with the latest information. ◢Citywide Pedestrian Crossing Study and Standard Design Kimley-Horn is developing a comprehensive assessment of the City’s pedestrian crossings. This assessment includes analyzing pedestrian counts to understand the most used locations for recommended improvements. These recommended improvements consider battery capacity and further crossing enhancements such as Rectangular Rapid Flashing Beacons (RRFB). Kimley-Horn is tasked with developing a standard design for both solar and hardwired designs to promote consistency throughout the City. Under this project, Kimley-Horn will also provide design plans for high- volume pedestrian crossing locations. Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 9 ◢Palm Springs Airport Engineering and Traffic Survey Kimley-Horn is providing an engineering and traffic survey (E&TS) for the Palm Springs Airport. This project involves engagement from the City’s Airport, Engineering, and Police Departments to develop a strategy to mitigate speeding at the City’s Airport. The project consists of developing E&TS sheets, an all-way stop sign warrant analysis, and traffic calming strategies. ◢Traffic Signal and Signing and Striping Plan Review Kimley-Horn has provided review of traffic signal modification and signing and striping plans under the On-Call Contract. Plan submittals are provided by private developers, neighboring local agencies, and regional agencies. Reviews include consistency with professional standards such as maintaining accessibility, visibility, and legibility for vehicles, cyclists, and pedestrians. In addition to agency standards, Kimley- Horn reviews for consistency with City standards and preferences. Additional Relevant Project Experience Cities of Rancho Mirage and Palm Desert, Design of Traffic Signal Interconnect Improvements, Rancho Mirage and Palm Desert, CA Kimley-Horn, in association with Traffex Engineers and Forbes Traffic Solutions, provided support to the Cities of Rancho Mirage and Palm Desert to improve traffic operations for 40 intersections along Highway 111, Bob Hope Drive, Country Club Drive, Dinah Shore Drive, and Monterey Avenue. The Kimley-Horn team designed plans to upgrade the traffic signal interconnect network and controller cabinet equipment, enabling the City to meet its goals of real-time traffic monitoring management. Kimley-Horn also assisted with implementing new traffic signal timing plans to improve traffic operations and safety throughout the day. The City employs a complex timing system along the project corridors, with different timing plans throughout the day and along each corridor. City of Palm Desert, Traffic Operations and Capacity Improvements Project, Palm Desert, CA Kimley-Horn, in association with Traffex and Forbes Traffic Solutions, worked with the City of Palm Desert to conduct capacity and operational studies at 50 of the City’s most challenging intersections with the goal of improving safety, connectivity, and access. This project builds upon the results of the City’s recently completed LRSP and Engineering and Traffic Survey (E&TS) studies. The project aims to supplement the improvements made from other ongoing projects, such as the CV Link Connector and the regional CV Sync Program, and supports the City in evaluating, troubleshooting, and fine-tuning signal timing and coordination changes introduced as part of these projects. As part of this project, Kimley-Horn reviewed the proposed signal timing parameters for the CV Sync Program and provided feedback to CVAG that will be incorporated into the final signal timing plans. Kimley- Horn also reviewed plans and updated signal timing parameters for three City signals that connect to the CV Link bicycle path that runs through the City. Subsequently, upgrades, reconfigurations, and adjustments will be made to the City’s Legacy Traffic Management Aries software system, signal communication system, and Central Traffic Management System communication infrastructure. Relevant Project Highlights »40 improved intersections »Traffic signal interconnect network improvements »Controller cabinet upgrade »Traffic signal timing improvements »Traffic safety improvements »Addition of CCTV at various intersections »Real-time traffic monitoring Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 10 City of Palm Desert, Traffic Operations and Capacity Improvements Part II – Palm Desert, CA Kimley-Horn is currently working with the City of Palm Desert to provide additional traffic engineering upgrades throughout the City. Several projects fall under this contract including pedestrian crossing upgrades design for the pedestrian crossings along El Paseo, left turn warrant analyses for intersections needing operational improvements, timing sheets for key intersections across the City, and parking configurations for local parks needing increased parking capacity. A.5 – Additional Reference Information Local Road Safety Plans for the Cities of Palm Desert, Indio, and La Quinta, CA Kimley-Horn developed a Local Road Safety Plan for the cities of Palm Desert, Indio, and La Quinta that identified the trends and patterns for traffic collisions in the City and included a customized toolbox of countermeasures that addressed the most common local challenges that align with statewide funding priorities. City of Indian Wells, Safety Action Plan, Indian Wells, CA Kimley-Horn is preparing a Safety Action Plan for the City of Indian Wells. The City received Safety Streets for All (SS4A) federal funding. As part of this scope of work, Kimley-Horn is conducting stakeholder engagement and safety workshops for the public. These workshops include interactive presentations and brainstorming sessions wherein community members identify their areas of concern. Safety vision and goal development will be determined to guide the focus areas and strategies for this project. A safety analysis using statistic network screening applying Highway Safety Manual methods will be conducted. Analysis of racial equity and environmental justice is included in the Safety Action Plan. Client Reference: Jill Moon, Management Analyst, City of Indian Wells, jmoon@indianwells.com, 760.776.0237 Coachella Valley Association of Governments (CVAG), On-Call Traffic Engineering and Planning Services, Coachella Valley, CA Kimley-Horn is part of the Coachella Valley Association of Governments (CVAG)’s On-Call for Traffic Engineering and Planning Services. As part of this contract, Kimley-Horn is providing services in the areas traffic engineering, civil engineering, traffic data collection, and granting writing services. Section B: Staff/Team Qualifications and Experience B.1 – Project Staffing Plans Proposed Staffing Kimley-Horn has assembled an exceptional team of professionals who possess experience providing similar traffic engineering and transportation planning services. We are committed to providing the City with timely and high-quality deliverables. Jean Fares, TE 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. Jean will be supported by QC/QA manager Kevin Aguigui, PE, Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 11 TE, EE, CSEP, and a dedicated team of engineers, planners, analysts, IT professionals, 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 to serve you from our offices in the Coachella Valley, Riverside, Los Angeles, and Orange. We are accustomed to responding quickly to the needs of our local clients. Redundancy and efficiency are considered when dedicating team members to each task order. In addition, we have partnered with local firms Traffex Engineers, Inc. (signal timing) and Forbes Traffic Solutions, Inc. (integration) 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 to the extent proposed for the duration of the Professional Services Agreement and that no person assigned to this contact 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. Each team member is committed to serving the City throughout the duration of this contract. We have provided detailed resumes for our proposed staff members in Section B.3. B.2 – Availability of Resources Staff Availability The members of our team were selected using two criteria: their experience with similar projects and their availability to perform the services required for the project. Kimley-Horn uses a proactive management system known as “cast-aheads” to detail every project’s personnel needs and determine each staff person’s availability. Based upon 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 in an excellent position to handle the workload required to see this project through startup. In addition, Jean has the authority to mobilize Kimley- Horn’s 7,500+ firmwide resources at any given time to meet the City’s needs on this important contract. We have included an availability table below detailing our proposed staff’s availability and workload. Our proposed staff have a proven record of meeting schedules for similar types of projects. B.3 – Qualifications and Experience of Staff Jean Fares, TE Project Manager Jean has over 36 years (31 with Kimley-Horn) of experience in planning and designing traffic and transportation projects throughout California and the Western states. As a registered Professional Engineer (Traffic) in California, he has provided traffic signal design at over 2,000 locations, signal system design at over 1,500 locations, and traffic signal timing at over 2,500 locations, and has wide-ranging experience with traffic operations, signing and marking plans preparation, transportation management plans (TMP), and traffic control plans. Jean also has extensive expertise in applying traffic engineering, ITS technologies, communications infrastructure design, and leading design and construction support. Jean’s vast experience with both traditional traffic design/operations as well as managing the design of advanced ITS systems on challenging design-build transportation projects makes him a unique and highly qualified asset to the team. Education and Credentials: • Bachelor of Science, California State Polytechnic University, Pomona • Professional Traffic Engineer in California #TR2097 Sample of Project Experience • City of Palm Springs, Transportation Management Center (TMC) Improvements, Palm Springs, CA – Project Manager • City of Palm Springs, Citywide Engineering and Traffic Survey (E&TS), Palm Springs, CA – Project Manager • City of Palm Springs, TMC Troubleshooting and Timing Plan Review, Palm Springs, CA – Project Manager Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 12 • City of Palm Springs, HSIP Cycle 9 Traffic Signal Improvements, Palm Springs, CA – Project Manager • City of Palm Springs, On-Call Traffic Engineering Services, Palm Springs, CA – Project Manager • City of Palm Desert, Traffic Operations and Capacity Improvements Project, Palm Desert, CA – Project Manager Kevin Aguigui, PE, TE, EE, CSEP QC/QA Manager Kevin is a senior communication systems and electrical engineer with over 35 years (19 with Kimley-Horn) of extensive hands- on technical and project management experience in communications and electrical systems planning, design, and integration. His main focus is in the areas of transportation management systems, security and surveillance systems, electrical systems, communications networks, and strategic planning. He has a wide range of technical skills having led projects in many different areas including communications systems’ design and integration, broadband system planning, ICM, and technology evaluations. He has prepared numerous fiber-optic network designs and wireless system designs, and has extensive experience in the installation, testing, and integration of fiber-optic and wireless systems. Education and Credentials: • Bachelor of Science, Civil Engineering, University of Hawaii • Professional Engineer in California #48732 • Professional Traffic Engineer in California #1781 • Professional Electrical Engineer in California #19888 • Certified Systems Engineering Professional #00156 Sample of Project Experience • City of Palm Springs, TMC Troubleshooting and Timing Plan Review, Palm Springs, CA – QC/QA Manager • City of Rancho Mirage, Design of Traffic Signal Interconnect Improvements City Projects 13-305-014 & 13-308-015, Rancho Mirage, CA – Principal-in-Charge and QC/QA Manager • City of Rancho Mirage, Citywide Traffic Signal Equipment and Infrastructure Assessment Study, Rancho Mirage, CA – Project Engineer Jason Melchor, PE Traffic Signal and ITS Design/Warrant Analysis Jason has over 27 years (26 with Kimley-Horn) of experience in the management, design, and review of traffic engineering projects, and has worked with clients in Riverside, San Bernardino, Orange, Los Angeles, and San Diego counties on a multitude of traffic engineering projects. He has served as project manager, leading projects through on-call contracts for the Cities of Riverside, Corona, Orange, Anaheim, and Newport Beach. His traffic engineering experience includes traffic signal design, signing and striping, traffic control, street lighting, and signal interconnect and ITS design plans, and he has served as a key staff member on many transportation studies, traffic and civil engineering design, and active transportation projects. Education and Credentials: • Bachelor of Science, Civil Engineering, Specialization in Transportation, University of California, Irvine • Professional Engineer in California #65218 • Institute of Traffic Engineers (ITE), Member • Orange County Traffic Engineering Council (OCTEC), Member Sample of Project Experience • City of Palm Springs, HSIP Cycle 9 Traffic Signal Improvements, Palm Springs, CA – Project Engineer • City of Palm Desert, Traffic Operations and Capacity Improvements Project, Palm Springs, CA – Project Engineer • City of Rancho Mirage, Design of Traffic Signal Interconnect Improvements City Projects 13-305-014 & 13-308-015, Rancho Mirage, CA – Project Engineer Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 13 Tim Chan, PE Traffic Signal Timing/Coordination Studies Tim has 12 years (all with Kimley-Horn) of experience in transportation planning and traffic engineering. He has worked with public and private sector clients on a variety of traffic impact studies, transportation analyses, and parking evaluations throughout the Southern California region. His traffic engineering experience includes traffic signal, signing and striping, traffic handling, and streetlight plans. He has utilized a wide range of transportation-related software packages and is knowledgeable of planning and design standards for local and state agencies. Education and Credentials: • Bachelor of Science, Civil Engineering, California State Polytechnic University, Pomona • Professional Engineer in California #85687 Sample of Project Experience • City of Rancho Mirage, Design of Traffic Signal Interconnect Improvements (HSIP Project), Rancho Mirage, CA – Project Engineer • City of El Monte, Ramona Boulevard at Valley Boulevard Intersection Improvement Project, El Monte, CA – Project Engineer • City of Eastvale, Traffic Signal Dilemma Zone Detection and Mitigation HSIP Cycle 10 Project, Eastvale, CA – Project Manager Maya Bouchet, AICP Traffic Engineering Studies, Traffic Surveys & Safety Analysis Maya is a transportation planner with six years (all with Kimley-Horn) of experience in both ITS planning and design. She is experienced in working with local agencies on transportation planning and traffic engineering projects. Her experience ranges from conceptual planning stages, design, and bringing the project through bid and construction stages. She has also worked on several larger scale ITS and traffic projects, which required consensus from several regional and state agencies. Education and Credentials: • Bachelor of Science, Policy, Planning, and Development, University of Southern California • American Institute of Certified Planners #34252 • ITSCA Young Professionals Group, Board Member Sample of Project Experience • City of Palm Springs, TMC Troubleshooting and Timing Plan Review, Palm Springs, CA – Project Planner • City of Palm Springs, On-Call Traffic Engineering Services, Palm Springs, CA – Project Planner • City of Palm Desert, Traffic Operations and Capacity Improvements Project, Palm Desert, CA – Project Planner Mike Colety, PE, PTOE Traffic Engineering Studies, Traffic Surveys & Safety Analysis Over the last 28 years (all with Kimley-Horn), Mike has been responsible for the planning and design of transportation facilities, specializing in traffic safety planning, systemic safety, quantitative safety analysis, bicycle and pedestrian facilities, and intelligent transportation systems (ITS). Many of these projects have required extensive stakeholder and public involvement components. Mike’s experience includes numerous projects that balance traffic safety and capacity, and he is currently working extensively on transportation safety in California, Nevada, and Arizona. Education and Credentials: • Master of Science, Civil Engineering, California Polytechnic State University, San Luis Obispo • Bachelor of Science, Civil Engineering, California Polytechnic State University, San Luis Obispo Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 14 • Professional Engineer in California #60858 • Road Safety Professional 1 #22 • Road Safety Professional 2I #37 • Road Safety Professional 2B #16 • Professional Traffic Operations Engineer #28020 Sample of Project Experience • Caltrans, California Strategic Highway Safety Plan (SHSP), Statewide, CA – Project Manager • Caltrans, On-Call Safety Programs Support Services, Statewide, CA – Contract Manager • City of La Quinta, Systemic Safety Analysis Report, La Quinta, CA – Principal-in-Charge Darryl dePencier, AICP, GISP Traffic Engineering Studies, Traffic Surveys & Safety Analysis Darryl has been leading transportation safety projects for more than 17 years (seven with Kimley-Horn), including more than 40 recent SRTS, SSARs, LRSPs, and RSAs. He has developed a number of tools to root out the spatial relationships between collision events to determine the factors and conditions that increase the probability of vehicle crashes. His experience ranges from establishing safety policy language, network screening, crash site engineering reviews, and developing countermeasure toolboxes. Darryl also conducts statistical analyses of crash activity using methods presented in the HSM, the Local Roadway Safety Manual, and customized analyses for unusual locations or conditions. Education and Credentials: • Master of Science, Urban Spatial Analytics, University of Pennsylvania • Bachelor of Arts, Geography, Carleton University • Certificate of Geographic Information Systems, Algonquin College • Geographic Information Systems Professional (GISP) #59317 • American Institute of Certified Planners #026552 • Road Safety Professional 1 #279 • Road Safety Professional 2B #17 Sample of Project Experience • City of Palm Desert, Safe Routes to School Program Development and Funding, Palm Desert, CA – Project Manager • City of Desert Hot Springs, Local Road Safety Plan, Desert Hot Springs, CA – Project Manager • City of Indian Wells, Safety Action Plan, Indian Wells, CA – Project Manager Trevor Briggs, PE Traffic Engineering Studies, Traffic Surveys & Safety Analysis Trevor has more than 11 years (10 with Kimley-Horn) of experience completing various transportation projects and studies in California, Utah, Idaho, and Florida. He has designed and drafted numerous traffic plans, including signing and striping, traffic signal, traffic control, and ITS plans. Trevor has also been involved in conducting analyses and writing various traffic impact studies for public agencies and jurisdictions. He has utilized a wide range of transportation-related software packages and is knowledgeable of planning and design standards for many local and state agencies. Trevor is also familiar with right-of-way easement documents and mapping easement locations into AutoCAD Civil 3D 2024 and ArcGIS. Education and Credentials: • Bachelor of Science, Civil Engineering, Brigham Young University • Professional Engineer in California #87664 Sample of Project Experience • County of Los Angeles, Woodruff Avenue Traffic Signal Synchronization, Los Angeles, CA – Project Engineer • City of Santa Ana, South Main Street Corridor Improvements, Santa Ana, CA – Project Engineer • City of Santa Ana, MainPlace Mall EIR Addendum, Santa Ana, CA – Project Engineer Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 15 Sri Chakravarthy, PE, TE Traffic Signal Timing/Coordination Studies; Traffic Engineering Review Sri has more than 20 years (19 with Kimley-Horn) of traffic operations and transportation engineering experience. Since beginning his career with Los Angeles County prior to joining Kimley-Horn, Sri has participated in a wide variety of traffic signal synchronization, ITS operations projects, and on-call traffic engineering services. His project management experience includes traffic signal operations, traffic signal design, traffic impact studies, corridor planning, signal justification studies, site-specific traffic circulation and safety studies. Education and Credentials: • Master of Science, Civil Engineering, Louisiana State University • Bachelor of Science, Civil Engineering, Kakatiya University, India • Professional Engineer in California #73629 • Traffic Engineer in California #2531 Sample of Project Experience • County of Los Angeles, As-Needed Traffic Engineering Services, Los Angeles – Project Engineer • City of Ventura, Sustainable Transportation Infrastructure and Civil Engineering Design Services, Westside Ventura, CA – Project Manager • City of Los Angeles, Broadway-Manchester Active Transportation Equity Project, Los Angeles, CA – Senior Project Engineer Alyssa Phaneuf, PE Traffic Engineering Review Alyssa has 25 years (19 with Kimley-Horn) of experience in various ITS and traffic engineering and transportation planning projects, including regional ITS planning, parking, and systems engineering. She has experience on a wide variety of projects including the planning and implementation of advanced traffic signals systems, transit signal priority, transit AVL, changeable message design, and parking guidance projects. Education and Credentials: • Master of Science, Civil Engineering - Transportation, Georgia Institute of Technology • Master of City and Regional Planning, Georgia Institute of Technology • Bachelor of Science, Civil and Environmental Engineering, University of California, Berkeley • Professional Engineer in California #63123 Sample of Project Experience • Caltrans D8, Comprehensive Managed Lanes System Feasibility Study, Riverside and San Bernardino Counties, CA – Project Manager • SCAG, Regional ITS Architecture Update, Los Angeles, CA – Project Engineer Ryan Calad, PE, TE Traffic Signal Timing/Coordination Studies Ryan has 18 years (less than one with Kimley-Horn) of experience and is a recognized leader in the transportation and public works field. He has served in leading roles on many transportation and public works projects, and has extensive experience managing projects for the City. He has an extensive planning and design background and is effective at anticipating and resolving problems and issues on concurrent project task orders involving multi-disciplined project teams, agencies, and subconsultants. Education and Credentials: • Bachelor of Science, Social Ecology, University of California, Irvine • Professional Engineer in California #91422 • Professional Traffic Engineer in California #TR2692 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 16 Sample of Project Experience • City of Palm Springs, Local Road Safety Plan, Palm Springs, CA – Task Manager • City of Indio, HSIP Cycle 9 Traffic Signal Improvements, Indio, CA – Technical Lead • City of Palm Springs, Ramon Road Bridge Replacement PS&E, Palm Springs, CA – Subconsultant Project Manager (Traffic Engineering) Vivian Chong, PE Traffic Signal and ITS Design/Warrant Analysis Vivian is a civil engineer with four years (all with Kimley-Horn) of experience, including leading and managing projects involving signal design, fiber-optic design, signing and striping, ADA curb ramp design, and traffic control for multiple jurisdictions throughout her career at Kimley-Horn. She has been involved with increasing safety for pedestrians and bicyclists, delivered on multiple projects with strict schedules, and familiar with HSIP, ATP, and SS4A grant funding requirements. Education and Credentials: • Bachelor of Science, Civil and Environmental Engineering, University of California, Los Angeles • Professional Engineer in California #95833 Sample of Project Experience • City of Palm Springs, Citywide Engineering and Traffic Survey (E&TS), Palm Springs, CA – Project Analyst • City of Palm Desert, Traffic Operations and Capacity Improvements Project, Palm Desert, CA – Project Analyst Frank Nguyen, CCNA, CCNP Traffic Signal and ITS Design/Warrant Analysis Frank has nearly 20 years (all with Kimley-Horn) of experience supporting product integration activities of multiple software components as well as experience in the field of Enterprise LAN and WAN IP Networks. His experience includes writing programs to streamline and automate application deployment and maintenance. Education and Credentials: • Bachelor of Science, Computer Engineering, University of California, Irvine Sample of Project Experience • City of Palm Springs, TMC Troubleshooting and Timing Plan Review, Palm Springs, CA – Project Engineer • City of Palm Springs, On-Call Traffic Engineering Services, Palm Springs, CA – Project Engineer Jocelyn Soria Traffic Signal Timing/Coordination Studies Jocelyn is a civil analyst with four years (two with Kimley-Horn) of experience in transportation engineering studies and design. Jocelyn has supported projects with tasks including communication and traffic signal modification design plans, traffic studies, signal timing modifications, and PS&E. Her skills include AutoCAD Civil 3D, Synchro, ArcGIS, and writing engineering reports. Education and Credentials: • Bachelor of Science, Civil Engineering, University of Southern California Sample of Project Experience • City of Palm Springs, HSIP Cycle 9 Traffic Signal Improvements, Palm Springs, CA– Project Analyst • City of Palm Springs, TMC Troubleshooting and Timing Plan Review, Palm Springs, CA– Project Analyst Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 17 B.4 – Organizational Chart Our proposed team organization—including identification and responsibilities of key personnel—is shown in the organizational chart below. We have provided a table with a summary of our staff members’ qualifications and experience in the previous section. B.5 – Anticipated Partner Organizations Kimley-Horn is partnering with two firms: Traffex Engineers, Inc. and Forbes Traffic Solutions, Inc. We have a long history working with these firms, specifically in the Coachella Valley, and know that they will bring value to this contract. Traffex Engineers, Inc. and Nazir Lalani, PE, TE have provided traffic signal timing services for hundreds of traffic signals. This includes timing signals for independent, isolated operation as well as coordination timing for signals in synchronized systems. Traffex Engineers, Inc. has experience working in several Coachella Valley cities including La Quinta, Rancho Mirage, and Palm Desert. Forbes Traffic Solutions, Inc. was founded by Jim Forbes in June of 2014, who brings 30 years of transportation industry experience to this contract. His expertise falls within traffic signal systems, communication systems and testing, and integration. Forbes Traffic Solutions, Inc. has experience working in the Cities of La Quinta, Indian Wells, and Palm Desert. QC/QA Kevin Aguigui, PE, TE, EE, CSEP Project Manager Jean Fares, TE Traffic Signal and ITS Design/ Warrant Analysis Jason Melchor, PE Tim Chan, PE Vivian Chong, PE Frank Nguyen, CCNA, CCNP Jim Forbes 2 Traffic Engineering Studies, Traffic Surveys & Safety Analysis Maya Bouchet, AICP Mike Colety, P.E., PTOE Darryl dePencier, AICP, GISP Trevor Briggs, P.E. Traffic Signal Timing/ Coordination Studies Sri Chakravarthy, PE, TE Ryan Calad, PE, TE Tim Chan, PE Jocelyn Soria Nazir Lalani, PE, TE 1 Traffic Engineering Review Jean Fares, TE Sri Chakravarthy, PE, TE Alyssa Phaneuf, PE Subconsultants 1. Traffex Engineers, Inc. 2. Forbes Traffic Solutions, Inc. Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 18 Section C: Demonstrated Understanding of the Overall Project and Requested Scope of Work C.1 – Approach to Implementing the Scope of Work On-Call Understanding and Approach Our approach to on-call contracts is based on developing a team-oriented approach to the project review process. Key characteristics that distinguish Kimley-Horn include: • Rapid mobilization of staff for each task order request, including immediate identification of the key personnel and subconsultants needed for each project. The availability of in-house staff provides efficiency and consistent quality of the technical analyses. • Ongoing communication and consultation to address issues that arise during the project review process. The collaborative process maintains project progress and results in user-friendly planning documents and legally defensible environmental documents. • Commitment of senior level management to the project to provide close coordination with the City, to help confirm technical accuracy, and to carefully monitor budget and schedule compliance • Responsiveness to any significant issues of concern raised by responsible and regulatory agencies and the public • Flexibility to tailor our approach to meet the specific needs of each project and client We tailor each on-call task assignment’s scope of services specifically to the needs of the individual project and the City. Our familiarity with local standards, agencies, and deep history and experience of delivering capital improvement projects for various local agencies will help us determine what will be necessary to assist the City with each task order. We will approach each project in the same diligent and comprehensive manner: Upon notice to proceed, the appropriate staff will be assigned by Kimley-Horn’s proposed project manager Jean Fares, TE to accomplish the task within the agreed upon timeframe. One of the advantages that our team provides is the ability to assign the right staff to each task. Our team can draw from a multitude of disciplines and resources to complete each assignment—whether the task is relatively minor, requiring only a few people in a single discipline, or a complicated task requiring numerous people and multiple disciplines. A task manager will be assigned to each task, and they will work closely with the project manager to get the project completed on time and on schedule. 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: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 19 C.2 – Experience with State and Federally Funded Projects Kimley-Horn is extremely familiar and experienced with federal, state, and local codes, requirements, standards, and procedures. The Kimley-Horn team has delivered numerous federally funded roadway, intersection, and traffic engineering projects built on a solid understanding and familiarity with local, state, and federal procedures and standards. This includes working with Caltrans Local Assistance (LAPG and LAPM) and UPRR, CPUC, and FRA (CA MUTCD, AREMA, GO 88-B). We have successfully secured E-76s for Construction working with Caltrans on the preparation of Preliminary Environmental Study (PES), Right-of-Way Certifications, Notice to Owners, Encroachment Permit applications, and Request For Authorization (RFA) packages. In many cases, we have worked closely with our clients on the RFA checklists ensuring that we begin the preparation of the forms and procedures in order to meet the funding deadlines. C.3 – Approach to Coordination Efforts The Kimley-Horn team has developed relationships and trust with key decision makers at Coachella Valley Associations of Governments (CVAG), Riverside County Transportation Department (RCTD), Riverside County Transportation Commission (RCTC), Caltrans, utility agencies, and other local agencies, which allows us to effectively communicate and build a 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 projects to larger freeway improvement 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 – Identification and Resolution of Project Issues Issue: Communication Paramount to a project’s success is a continuous partnership that adapts as necessary to unforeseen circumstances. We will include critical decision-making points in our work plan so the project team and the City can agree upon the best course of action to keep the project on track. There always will be unexpected challenges unique to any given project—it is critical that an approach be developed to control what can be controlled and factors in mechanisms for dealing with the unexpected. Our experience has shown that there really is no such thing as “over-communication” between the client and the design team. For this reason, we recommend use of the following communications protocol, which we have employed successfully on numerous projects: • A bi-weekly conference call between the planning team (with client participation, as needed) to discuss progress and schedule. • A monthly progress report summarizing, at a minimum, the following information: »Research and data source updates »Milestone list, with anticipated and actual dates of completion »Upcoming tasks and associated required preparation »Anticipated project issues and strategies for 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 actual effort expended by task. This internal control allows us to make, on a timely basis, any adjustments that may be necessary to maintain your schedule and stay within your budget. Equally as important are open lines of communication between City staff, our subconsultants, and permitting agencies. Our schedule process includes these factors, building into our timelines when and how the schedule is adjusted. We follow our mandate, seeking always to deliver on-time results regardless of ongoing or unexpected challenges. Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 20 Issue: Construction Costs We understand the largest costs to our clients are those related to construction. We are committed to the preparation of thorough plans and specifications that accurately define project requirements. We work hard to prepare thorough plans and specifications that accurately and completely define the project requirements, and each project deliverable goes through a rigorous QA/ QC review prior to finalization. We break down our project designs into discrete pay items with specific descriptions of what is included to avoid misunderstandings by the contractor during bidding and construction. We carefully monitor contractor progress during construction and assist them in interpreting the contract requirements whenever a question arises. We also review proposals from the contractor to modify elements of construction that may offer cost or schedule benefits to the client. We are proactive and adept at mitigating construction issues. We apply conflict mitigation techniques to properly handle claim issues. We have the experience and expertise to analyze time and cost impacts and propose recommendations. Communication and coordination efforts are essential to resolving issues before they become project setbacks. Project records will be maintained of any potential impacts involving changed conditions, extra work, unforeseen conditions, and delays. As the project nears full completion, our team will follow up on the contractor punch list and review against any pertinent closeout items and project requirements. Kimley-Horn will share this information with the City along with final project files. BENEFITSBENEFITSManage ChangeBudget/CostAnticipate RisksScheduleScopeAll 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 changeCoordinationPROJECT MANAGEMENT APPROACH Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 21 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, Kimley-Horn developed a quality control/quality assurance (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. There will be no learning curve relative to quality for our team. For this project, Kevin Aguigui, PE, TE, EE, CSEP will provide QC/QA by working with the project team programmatically for adherence to the City’s preferred design. 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 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 C.6 – Additional Insight and Advice There is opportunity to optimize the City staff and consultant’s time through ITS and traffic signal upgrades. Kimley-Horn is currently working with the City to develop a traffic and ITS memorandum which outlines the existing and planned conditions. Within this memo are recommendations to upgrade the fiber optic system, while leveraging efforts through the CV Sync project and the City’s Broadband Master Plan. Below is a flow chart of this process to upgrade the system and potential outcomes. We anticipate these upgrades will optimize traffic operations, reduce unnecessary staff / consultant time to troubleshoot equipment failures, and develop a more proactive approach to maintenance. Additionally, preparing these ITS design projects positions the City for other funding sources and expansion of ITS field devices. Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 22 Traffic + ITS Memo Planned Projects Existing Conditions PS&E Future Traffic/ITS DeploymentsFunding Opportunities Scalability Technology Grants (ex. SMART) Resiliency Grants (ex. PROTECT) Active Transportation Grants (ex. ATP) Open Architecture Proactive Maintenance Remote Access/ Troubleshooting Recommended Improvements CAV Communications Network Performance Metrics 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 Solutions Community outreach delaying schedule and overlooking project budget Often revered, the City of Palm Springs has a vocal community which is engaged and willing to participate. While this engagement benefits a project, shaping it based on the community’s vision, it can also create challenges when there are varying opinions. Additionally, considerations for design feasibility and budget can also be overlooked. The Kimley-Horn Team is local and experienced in conducting outreach in the Coachella Valley. This experience has taught us that having a proactive outreach strategy is far better than a reactive approach. We know the importance of engaging the public early, while also being prepared to provide data to justify decisions. We deploy inclusive and interactive outreach activities, which garner equitable participation and mitigate one person having a louder voice than others. We come prepared to meetings with options for the community rather than starting with a blank slate. This allows design to be iterative but not erratic. Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 23 Potential Project Challenges Proposed Solutions Overlapping projects creating delays or confusion The City of Palm Springs is subject to both local and regional project improvements. And while these projects lead to enhancements for the City, they can also create confusion between project designs and project phasing. Kimley-Horn is well versed in both local and regional efforts. We have reviewed many of the CV Sync Phase I and II documents for the City. We’ve also been involved in reviewing several of the City’s HSIP projects. Under our current On-Call we are developing an ITS and traffic technical memorandum which documents these overlapping conditions. This understanding of both the existing, planned, and future conditions of the City provides us with the knowledge to inform the City on how to phase these overlapping projects. 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 D8, CVAG, and Riverside County. These relationships have helped us initiate coordination efforts early and expedite the typical timeline to get approvals, gain consensus, and be compliant with outside agency reviewers. This knowledge and experience will be brought into this On-Call Contract to advise the City of when and how to engage agency partners. Integrating legacy systems with new technologies The City is at a turning point with technology, specifically as it relates to communication. The City’s current system is a legacy wireless system which is undergoing an upgrade and regional efforts are bringing fiber through major corridors. These efforts require an integrated system which brings together both older and newer technologies. Kimley-Horn is unique in that we have not only have civil and traffic engineers, but we also have a team of skilled electrical engineers and IT professionals. They understand the process of testing and integrating equipment for full system functionality. Our work on the TMC Troubleshooting and Timing Plan Review Project provides us with a deep understanding of the City’s current system, some of the challenges that they currently face, and how these older legacy systems can be integrated with the new advanced traffic management system (ATMS) and fiber optic corridors. Construction projects can lead to unwanted traffic congestion for residents The City current has almost 100 engineering projects, several are either in construction or approaching construction. This magnitude of construction projects can lead to unnecessary traffic delays for residents. Kimley-Horn has identified a plan to address these congestion concerns. This begins with the design approach, we develop designs that minimize invasive construction procedures to reduce traffic control needs, we develop traffic control plans which meet City requirements and minimize impacts to traffic lanes, and we develop specifications for the Contractor to follow during construction which outline the process they must follow to minimize traffic impacts during construction. Section D: Financial Responsibility Kimley-Horn and Associates, Inc. is a full-service engineering and consulting firm with 7,500+ employees and 128 offices in 33 states and Puerto Rico. The Company had 2022 revenues of $2.0B. Kimley-Horn has been in business since 1967. We are financially strong and committed to our continued financial health. As of December 31, 2022, the Company had total assets of $1.2B and stockholder’s equity of approximately $266M. Kimley-Horn also has an untapped $125M line of credit available for short- term cash flow needs. The Company’s cash flow continues to be 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. Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SOQ FOR (TE RFQ 20-24)Traffic EngineeringServices -Call On City of Palm Springs TRCALAD000357.2024 24 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. Section E: Forms (Attachments) We have submitted the following forms via a separate attachment. A. Completed Signature authorization and Addenda Acknowledgment B. Local Preference and Business License C. Completed Affidavit of Non-Collusion D. Completed No Conflict of Interest and Non-Discrimination Form E. Completed Public Integrity Business Disclosure Form F. Reference Form G. Complete Executive Order N-6-22 Certification H. Fee Schedule Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 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. CONTACT: Jean Fares, TE Jean.Fares@kimley-horn.com 818.970.2048 73-700 Dinah Shore Drive, Unit 101, Palm Desert, CA 92211 www.kimley-horn.com Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Kimley-Horn has reviewed the sample Professional Services Agreement and has no exceptions to submit with the proposal. Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 EXHIBIT “D” FEE SCHEDULE Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 EXHIBIT "E" Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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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: 64EE7002-05D9-446B-978A-BA219EA11443 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: 64EE7002-05D9-446B-978A-BA219EA11443 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: 64EE7002-05D9-446B-978A-BA219EA11443 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: 64EE7002-05D9-446B-978A-BA219EA11443 New Hampshire Insurance Company 04/01/202204/01/202304/01/2024 Docusign Envelope ID: 64EE7002-05D9-446B-978A-BA219EA11443