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HomeMy WebLinkAboutA8393 - KIMLEY-HORN AND ASSOCIATES, INC.CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Professional Services Agreement Kimley-Horn and Associates, Inc. Jean Fares, Vice President Jean.Fares@kimley-horn.com On-Call Civil Engineering Services On-Call Extension to December 31, 2024 On file Jean Fares, Jean.Fares@kimley-horn.com Frank Hoffman, Frank.Hoffmann@kimley-horn.com Engineering Services Joel Montalvo / Francisco Jaime X8750 TBD A8393 Amendment No. 1 No Yes Yes Department N/A No Amendment No. 1 and insurance are attached. N/A 09/24/2024 Vonda Teed Docusign Envelope ID: 869F4A2A-443C-4929-B392-B55341DA5EF5 Page 1 of 3 Revised: 10.31.23 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. A8393 BETWEEN THE CITY OF PALM SPRINGS AND KIMLEY-HORN AND ASSOCIATES, INC. 1. PARTIES AND DATE. This Amendment No. 1 to Professional Services Agreement No. A8393 is made and entered into as of this 1st day of October, 2024, by and between the City of Palm Springs (“City”) and Kimley-Horn and Associates, Inc. with its principal place of business at 73-700 Dinah Shore Dr., Ste. 101, Palm Desert, CA 92211 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. RECITALS. 2.1 Agreement. The City and Consultant have entered into an agreement entitled “On- Call Civil Engineering Services” dated October 24, 2019 (“Agreement” or “Contract”) for the purpose of retaining the services of Consultant to provide As-Needed, “On-Call” Civil Engineering Services for a variety of future civil engineering projects. 2.2 Amendment. The City and Consultant desire to extend the term to December 31, 2024 to provide continuing services until the new on-call agreement is awarded. 2.8 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 1.8 Performance of Services of the Agreement. 3. TERMS. 3.1 Term Section 3.4 of the Agreement is hereby amended by adding the following sentence: “The term of this Agreement is extended to December 31, 2024.” 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. Docusign Envelope ID: 869F4A2A-443C-4929-B392-B55341DA5EF5 Page 2 of 3 Revised: 10.31.23 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 869F4A2A-443C-4929-B392-B55341DA5EF5 Page 3 of 3 Revised: 10.31.23 SIGNATURE PAGE TO AMENDMENT NO. 1 BY AND BETWEEN THE CITY OF PALM SPRINGS AND KIMLEY-HORN AND ASSOCIATES, INC. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below. CONTRACTOR: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date: 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: 869F4A2A-443C-4929-B392-B55341DA5EF5 9/25/2024 9/25/2024 9/25/2024 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 3/18/2024 Edgewood Partners Ins.Center/Greyling 3780 Mansell Rd.Suite 370 Alpharetta GA 30022 Jerry Noyola 7702207699 greylingcerts@greyling.com National Union Fire Ins Co of Pittsburg 19445 KIMLASS Allied World Assurance Co (U.S.)Inc.19489Kimley-Horn and Associates,Inc. 421 Fayetteville Street,Suite 600 Raleigh,NC 27601 New Hampshire Insurance Company 23841 Lloyd's of London 85202 1360871531 A X 2,000,000 X 1,000,000 X Contractual Liab 25,000 2,000,000 4,000,000 X X GL5268169 4/1/2024 4/1/2025 4,000,000 A A 2,000,000 X X X CA4489663 (AOS) CA2970071 (MA) 4/1/2024 4/1/2024 4/1/2025 4/1/2025 B X X 5,000,000 X 03127930 4/1/2024 4/1/2025 5,000,000 X 10,000 C C X N WC015893685 (AOS) WC015893686 (CA) 4/1/2024 4/1/2024 4/1/2025 4/1/2025 2,000,000 2,000,000 2,000,000 D Professional Liability B0146LDUSA2404949 4/1/2024 4/1/2025 Per Claim Aggregate $2,000,000 $2,000,000 Re:Demuth Park Development;Frank Hoffman.The City,its elected officials,officers,employees,agents &volunteers are named as Additional Insureds with respects to General Liability where required by written contract.The above referenced liability policies with the exception of workers compensation and professional liability are primary &non-contributory where required by written contract.Waiver of Subrogation in favor of Additional Insured(s)where required by written contract &allowed by law.Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof,30 days' written notice (except 10 days for nonpayment of premium)will be provided to the Certificate Holder. City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs CA 92262 Docusign Envelope ID: 869F4A2A-443C-4929-B392-B55341DA5EF5 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: 869F4A2A-443C-4929-B392-B55341DA5EF5 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: 869F4A2A-443C-4929-B392-B55341DA5EF5 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: 869F4A2A-443C-4929-B392-B55341DA5EF5 New Hampshire Insurance Company 04/01/202204/01/202304/01/2024 Docusign Envelope ID: 869F4A2A-443C-4929-B392-B55341DA5EF5 CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT ON-CALL CIVIL ENGINEERING SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into,to be effective this I tt day of M6f0 ►bCY ,2019,by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City") and Kimley-Horn and Associates, Inc., (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as"Party"and are hereinafter collectively referred to as the "Parties." RECITALS A. City has determined that there is a need for As-Needed, "On-Call" Civil Engineering Services for a variety of future Civil Engineering projects, (hereinafter the"Project"). B. Consultant has submitted to City a proposal to provide As-Needed, "On-Call" Civil Engineering Services for a variety of future Civil Engineering projects to City pursuant to the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. City desires to retain Consultant to provide such professional services. NOW,THEREFORE, in consideration of the promises and mutual obligations,covenants,and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scone of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A," which is attached hereto and is incorporated herein by reference (hereinafter referred to as the"Services"or"Work"). As a material inducement to the City entering into this Agreement,Consultant acknowledges that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant represents that it is a provider of professional services and that Consultant is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the professional standards in performing the Work and Services required hereunder. For purposes of this Agreement, the phrase "professional standards" shall mean those standards of practice recognized among well-qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2)the Scope of Services; (3) the City's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Consultant's Page 1 of 18 Rev.1-31-18 Proposal, which are both attached as Exhibits "B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents,the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1")the terms of this Agreement; (2°d)the provisions of the Scope of Services(Exhibit "A"); as may be amended from time to time; (3`d) the provisions of the City's Request for Proposal (Exhibit`B"); and, (4 h) the provisions of the Consultant's Proposal (Exhibit"C"). 1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal,state,and local laws,statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable Cal/OSHA requirements. 1.4 Licenses, Permits, Fees and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall,at its sole cost and expense,keep in effect at all times during the term of this Agreement,any license,permit,qualification,or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees,assessments,and taxes,plus applicable penalties and interest,which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments,taxes penalties, or interest levied, assessed, or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement,Consultant affirms that Consultant (a) has considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed,and(c)understands the facilities,difficulties,and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment,materials,papers,documents, plans, studies,and/or other components thereof to prevent losses or damages,and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City,except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments,prepare all documents,and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Page 2 of 18 1.8 Performance of Services. City Manager or Director of Engineering Services/City Engineer,as provided in Section 2.1 of this Agreement,shall have the right at any time during the tern 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 Services/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 this Agreement. 1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of any work and/or services under this Agreement,and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands,losses,costs,judgments,arbitration awards,settlements,damages,demands,orders,or penalties which arise out of or are related to such employment,together with any and all costs, including attorneys' fees, incurred by City. 2.0 COMPENSATION 2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that the scope of services required by this Agreement will vary dependent upon the number, type, and extent of the services or work the Consultant shall provide;and no guarantee of the extent or the type of services required of Consultant under the terms of this Agreement is made by the City. The annual level of services required by this Agreement is unknown, and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of projects requiring the Consultant's services has not been identified for this contract, City and Consultant hereby acknowledge and agree that a specific "Maximum Contract Sum" shall be imposed on each separate project that the City may assign Consultant as provided in Section 1.8 and in this Section 2.1. Each such separate project shall be identified as a Task Order or a Purchase Order authorized by the Director of Engineering Services/City Engineer or the City Manager as provided in this Section 2.1. For the services rendered pursuant to this Agreement, the Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit"D" and incorporated herein by this reference. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment for time and materials based upon the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D", or (iii) such other methods as may be specified in the Schedule of Compensation. Compensation shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense,transportation expense,and all other necessary expenditures required to perform the professional services under this Agreement. Compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates,and that Consultant shall not be entitled to additional compensation therefore. 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 Page 3 of 18 this Agreement, if any. Consultant shall be entitled to compensation in accordance with separate City authorized "Task Orders" (Purchase Orders) with corresponding Not-to-Exceed payment amounts established pursuant to the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D". Consultant's compensation shall be limited to the amount identified on each separate, individually authorized Task Order corresponding to a project requiring the services of the Consultant. By approval of this Agreement,the City Council hereby authorizes the subsequent approval of individual Task Orders(Purchase Orders)in those amounts sufficient to cover the cost of required services(pursuant to Schedule"D")necessary for the projects. Subject to existing cost limits established by municipal code. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth(10)working day of such month,Consultant shall submit to the City, in a form approved by the City's Finance Director,an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City,the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or(b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement. If such appropriations are not made, the City Manager may terminate this Agreement as provided in Section 8.3 of this Agreement; otherwise, there shall be no funding for any work or services and Consultant shall not be entitled to payment for any work or services that Consultant may provide. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance for each Task Order. 3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the 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. Page 4 of 18 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including,but not limited to,acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section. 3.4 Term. Unless earlier terminated under the terms of this Agreement,this Agreement shall commence on November 1, 2019 and continue in full force and effect for three (3) years. At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement,the term of this Agreement may be extended for two (2)additional one (1)year terms. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Jean Fares, Vice President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore,the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore,Consultant shall not assign the performance of this Agreement,nor any part thereof,nor any monies due hereunder,voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. Page 5 of 18 Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City. 4.4 Independent Consultant. A. The legal relationship between the Parties is that of an independent Consultant,and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers,employees,or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries,and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding,unemployment compensation,workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City,or bind City in any manner. C. No City benefits shall be available to Consultant, its officers,employees,or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement,City shall not pay salaries,wages,or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subConsultants,or agents, Consultant shall indemnify City for all such financial obligations. 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 Page 6 of 18 arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability(errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant that would affect the availability of the limits of insurance required by this Agreement; or(b) if Consultant does not provide the certification pursuant to(a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement. (2) If the policy of insurance is written on a"claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period,Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage,or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage,either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement,or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period,new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the 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. Page 7 of 18 C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00)and two million dollars($2,000,000.00)general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage,products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non- owned, leased,and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement,a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: 5.3.1 For any general or auto liability claims related to this Agreement, Consultant's coverage shall be primary insurance as respects City and its officers, council members, officials, employees,agents,and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers,council members, officials,employees, agents,and volunteers. 5.3.3 All insurance coverage and limits, where available, provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.4 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of Page 8 of 18 discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required)to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 5.3.6 Consultant agrees to ensure that subConsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subConsultants and others engaged in the Project will be submitted to the City for review. 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard. 5.3.8 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10)days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section. 5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City,or to reduce or dilute insurance available for payment of potential claims. Page 9 of 18 5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No. or 'for any and all work performed with the City"maybe included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have..."("as respects City of Palm Springs Contract No. or'for any and all work performed with the City"may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named."Language such as, "endeavor to"mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. 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. Page 10 of 18 6. INDEMNIFICATION 6.1 To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense),indemnify,protect,and hold harmless City,its elected officials,officers,employees,agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders,penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons(Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives,and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 6.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a"design professional services agreement"and Consultant is a"design professional" under California Civil Code Section 2782.8,then: A. To the fullest extent permitted by law,Consultant shall indemnify,defend(at Consultant's sole cost and expense),protect and hold harmless City and its elected officials,officers,employees,agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party";collectively"Indemnified Parties")against any and all liabilities,claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons(Consultant's employees included)and damage to property,which Claims arise out of,pertain to,or are related to the negligence,recklessness or willful misconduct of Consultant, its agents, employees, or subConsultants, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials. Officers, employees,agents and volunteers. B. Consultant shall reimburse the Indemnified Parties for any reasonable expenditures, including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of,pertain to,or relate to Indemnified Claims,whether or not Consultant is named as a party to the Claim proceeding. The determination whether a Claim"may arise out of, pertain to,or relate to Indemnified Claims" shall be based on the allegations made in the Claim and the facts known or subsequently discovered by the Parties. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for Page 11 of 18 such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. C. The Consultant shall require all non-design-profession sub-Consultants,used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in favor of the Indemnified Parties. In additions, Consultant shall require all non-design-professional sub-Consultants, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement,to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 7. REPORTS AND RECORDS 7.1 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 and Services to be performed pursuant to this Agreement. For this reason,Consultant agrees that if Consultant becomes aware of any facts, circumstances,techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, and agents in the performance of this Agreement shall become, upon payment for such, the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its 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 Page 12of18 released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine,copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books,records,data,and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three(3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue.This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Termination. City may terminate this Agreement for its convenience at any time,without cause, in whole or in part, upon giving Consultant thirty(30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition,the Consultant reserves the right to terminate this Agreement at any time,with or without cause, upon sixty(60) days written notice to the City,except that where termination is due to material default by the City,the period of notice may be such shorter time as the Consultant may determine. 8.4 Default of Consultant. A. Consultant's failure to comply with any provision of this Agreement shall constitute a default. Page 13 of 18 B. If the City Manager,or his designee,determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement,he/she shall notify Consultant in writing of such default. Consultant shall have ten(10)days,or such longer period as City may designate,to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law,in equity,or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured,provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.13,take over the work and prosecute the same to completion by contract or otherwise,and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided herein. 8.5 Waiver, No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant,condition,or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach,nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions,or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement,to obtain declaratory or injunctive relief,or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty(30)days of the date set for trial or hearing,the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. Page 14 of 18 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race,religion,color, sex, age, marital status,ancestry,national origin(i.e.,place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity,gender expression,physical or mental disability,or medical condition(each a"prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment,without regard to any prohibited basis.As a condition precedent to City's lawful capacity to enter this Agreement,and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits,relating to non-discrimination in city contracting. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Conyright 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. Page 15 of 18 B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant's consent or in the event City fails to cooperate in the defense of any suit or claim,provided, however,that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of(i)the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii)five(5)business days after the date of posting by the United States Post Office if by mail;or(iii)when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and 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 Facsimile: (760)323-8332 To Consultant: Kimley-Horn and Associates, Inc. Attention: Frank Hoffmann, Project Manager 45-025 Manitou Drive, Suite 11 Indian Wells, CA 92210 Telephone: (760)424-2058 Facsimile: (714)938-9488 10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.4 Severability. Whenever possible,each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent 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. Page 16 of 18 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto. 10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that(i)the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and(iv)the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. (SIGNATURES ON FOLLOWING PAGE) Page 17 of 18 IN WITNESS WHEREOF,the City and the Consultant have caused this Agreement to be executed the day and year first above written. ATTEST: CONTENTS APPROVED: CITY F PALM SPRINGS,CA __7 By B��� Anthony Mejia, ity avid H. Ready, ity Mana Date: 1 j f 2 0 l `'1 Date: f /'Zq L I CA APPROVED AS TO FORM: APPROVED BY CITY COUNCIL: By Date: Agreement No. pp77QQ Jeffr4 S. al inger ity Attorney Date: 0"'-L Z 0 I APPr,"_' r_D Py V TY CONSULTANT J ----�—' Name: Kimley-Horn and Associates, Inc. Check one:_Individual_Partnership X Corporation Corporations require two notarized signatures: One signature must be from Chairman of Board,President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer,or Chief Financial Officer. Address: 45-25 Manitou Drive, Suite 11 Indian Wells, CA 92210 By: IV Sign re notarized) Signature (notarized) Gf� Name: �,,�.�d,,� S_ �� Name: �S� ��PAN � �� 63)Z 'I ID 91 Title: S,, , V ►t� 'Qr��idc,,,,�— Title: SAC i A 7q KHACA 03 Page 18 of 18 CALIFORNLA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§1189 �x<r^�.•,,ax<q<x s<.c`<,f'�'.�C.l.r- --^s/re>--�m.>'- ^-aaa<�/a<'<C�C'.��f. .-3er.Yer»Yo>^^w¢>^-. - A rKxsry puN c or other Officer oOmplefling fts aertficam verifies only the identrry of the iitiYld"%fiO aigned:he document to which this cenificate a attmcll .and not the afro f iness.acctracy,or vakiny of ttiat docu r+errt Mate of Ci3kfonnr9 ) Cwarty of Las YiNC ) oo }(fhber 3o 2Qi e, before rne. (� u� ;It 1 i ante �,(J�. bxmt Mmrrre rrrd Tide of the Officer pwaorw&y appeared S`{^p 41,(I Name(-)of Signer(-) who proved to me on the b3ma of satisfactory evidence to be the perront6b) whose name(a) islare subscribed to the within natrurnent and acknowledged to me that he/-he/they executed the same in hiatreiRbeir authorized capwAy(xes).and that b his TrwAheir aignsture(a)on the instrument the person{-). or the entity upon behatf of which the pemon( acted,executed the in3trument 1 certify under PENALTY OF PERJURY order the iawa of the State of California that the foregoing paragraph W. FRATICELLI i3 true and correct- COMM. #2282291 z WITNESS rry hand and ofrcud aseL q Notary Public • California o z Los Angeles County Signature My Comm,Expires Mar.22,2023 g oflVbtary PrrlXx; Pksce Notary Seal Above OPTHWAL Though thi--action is optional.cornpieting this irdbrmabon can deter alteration of Me document or fraudulent reattachment of ftu-form to an urvntended document Description of Attached Document Trtle or Type of Document Document Date: Number of Pages: Signers) Other Than Named Above: CapacAy(iea)Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer—Trtie(a): ❑Corporate Officer—Trtte(s): ❑Partner— ❑Limited ❑General ❑Partner— ❑Limited ❑General ❑individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other. ❑Other Signer Is Representing: Signer 13 Representing: "2 14 Nationai NotaryAmociaticn•www.NsticmNotary org•1-800-U:;NOTARY(1-BDD-87 8827) Item*5907 CALIFORNIIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 x<.ac>^.._«x<x<«,ac<R'<.c.c.,r.dl- .-74/mf'P 't'S< '<CC'isid'al. ./Ye/Yn.•'••>••• q^. A notary public or other office cor pkaV#a certificate verifies orL*Hie iderNry of the ndirdual wbo signed*Jne document to which thta certificate a attached,and not the mithfulnew,accuracy.or validity of that doaxnent a3t6 Of « to s �VGC�es � - on. 2 before inns. (;) �C C Deb and I?i1 of the Offroer Name(.)of Signer(3) who proved to me on the basis of astisfactory evidence to be the pemon(o whore rwime(a) Wave ear bed to the within instrument and acknowledged to me that he/3)ie/tyiey executed the'3ame in hiwbeirftOir authorized capacity(iei).and that by his,Rw(/thei 3ignature(3)on the instrument the pemonW, or the entity upon behalf of which the parixmW acted-executed the irrstnunent I certify under PENALTY OF PERJURY under the law3 of the State of Gahfomia that the foregoing paragraph t3 true and Correct 4W. FRATICELLI WITNESS my nand and official zeal COMM. #2282291 z IT Los Angeles MY Notary Public - California o n _ Sigrnature Comm.Expires Mar.22,2023 a/NimyP&ft Place Notary Sea/Above OPTIONAL Though this-section is optional,completing thin rnformtabon can deter atterabon of tfre document or fraudulent reattachment of ft3 form to an unintended document Deacripbon of Attached Document True or Type of Document Document Date: Number of Pages: Signer(a) Other Than Named Above: Capa,Wiea)Claimed by Signer(a) `ignef a Name: Signer's Name: ❑Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑Partner— ❑Limited ❑General ❑Partner— ❑Limited ❑General ❑Individual ❑Attorney on Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other. ❑Other Signer 13 Representing: Signer Is Representing: �'014 National Notary Association•www.NatiarmNotary-org•1-800-US NOTARY(1-80o-876-682T) Item*5907 EXHIBIT"A" SCOPE OF SERVICES General Scope of Services for "On-Call" Civil Engineering Services - Consultant shall provide as- needed on-call civil engineering services for various City Projects as assigned. Responsibilities may include,but are not limited to,the following:(*all services may or may not be necessary on each assigned project) 1. Street improvement projects. 2. Sewer improvement projects. 3. Storm drainage projects— Miscellaneous storm drainage improvement projects as determined by the Public Works staff. 4. Preliminary planning and cost estimating for capital improvement projects. 5. Right of Way Clearance. 6. Environmental Clearance for CEQA. 7. Act as the City of Palm Springs representative on contract document interpretation and related contract matters during construction of projects. 8. Surveying Typical duties may include, but are not limited to the following: 1. Prepare or examine engineering plans, specifications designs, cost estimates, bid proposals and legal descriptions for a variety of construction and maintenance projects. 2. Serve at the discretion/direction of City Engineer on a variety of construction or capital improvement projects including difficult engineering work. 3. Represent the City in meetings with contractors, developers, consultants, utilities and others. 4. Perform contract administration functions, negotiations on behalf of the City, and recommend change orders when applicable. It will be the responsibility of the on-call Civil Engineering firm to determine the necessary staffing level required to perform the scope of service as may be required for a project when assigned. The City will not provide dedicated work space or office space,city staff or city resources,printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. All services shall be performed in compliance with industry and professional standards and all applicable federal, state, and local laws, ordinances and regulations including Americans with Disabilities Act (ADA), Greenbook, Caltrans, (or most applicable or current edition at the time of assigned project), and the rules and ordinances of the County of Riverside and the City of Palm Springs. The City further reserves the right, when applicable and in the best interests of the City, to require the Civil Engineer to engage sub-consultants with special expertise when the unique circumstances of a particular project warrants such additional services. The City may provide recommendations to the Civil Engineer of sub-consultants for consideration and reserves the right of approval of any sub-consultant selected by the Civil Engineer on any assigned project. END OF EXHIBIT"A" EXHIBIT"B" CITY'S REQUEST FOR PROPOSALS CITY OF PALM SPRINGS, CA NOTICE INVITING STATEMENTS OF QUALIFICATIONS SOQ 14-19 ON-CALL CIVIL ENGINEERING SERVICES NOTICE IS HEREBY GIVEN that the City of Palm Springs is requesting statements of qualifications from professional licensed civil engineering firms to provide the City with "on-call' Civil Engineering Services for a variety of City projects as may be assigned, (hereinafter the "Project'). The objective of this solicitation is to hire multiple on-call firms to provide such services to the City. PROJECT LOCATION: City of Palm Springs, CA SCOPE OF SERVICES: The scope of work includes providing the City with "on-call" Civil Engineering Services for a variety of City projects as may be assigned. OBTAINING SOQ DOCUMENTS AND ADDENDA: The SOQ document may be downloaded via the internet at www.palmspringsca.gov (go to Departments, Procurement, Open Bids & Submittals), or by calling the Office of Procurement and Contracting, (760) 322-8368. Upon downloading the SOQ via the internet, contact Craig Gladders, Procurement and Contracting Manager, via email at craig.gladders(a.palmspringsca.gov to be placed on the interested vendor list for this project, providing your company name, contact person, contact email address, office address, office phone and office fax. Failure to be placed on the interested vendor list as stated above may result in not receiving Addenda to the SOQ. Failing to acknowledge Addenda may result in your submittal being non-responsive, or may negatively impact the evaluation of your submittal. We strongly advise that you follow the instructions above if you are interested in submitting your qualifications. EVALUATION OF QUALIFICATIONS AND AWARD OF CONTRACT: This solicitation has been developed in the Statement of Qualifications (SOQ) format for the acquisition of Professional Services on the basis of demonstrated competence and qualifications for the type of services required consistent with the provisions of CA Government Code 4525/4526 and Municipal Code 7.04.050. Accordingly, firms should take note that multiple factors as identified in the SOQ will be considered by the Evaluation Committee. PRICE IS NOT EVALUATED AS PART OF THE EVALUATION CRITERIA, but shall be negotiated with the successful firm or firms to be fair and reasonable. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council. The selected firm will be required to comply with all insurance and license requirements of the City. DEADLINE: All submittals must be received in the Procurement and Contracting Office, 3200 E. Tahquitz Canyon Way, Palm Springs, CA, 92262 by 3:00 P.M., LOCAL TIME, TUESDAY, JUNE 11, 2019. The receiving time in the Procurement Office will be the governing time for acceptability of submittals. Telegraphic and telephonic submittals will not be accepted. Reference the SOQ document for additional dates and deadlines. Late submittals will not be accepted and shall be returned unopened. SUBMITTALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their submittal shall be valid for a period of 120 calendar days from the due date of submittals. Page 1 of 48 Craig L. Gladders, C.P.M. Procurement and Contracting Manager May 7, 2019 Page 2 of 48 O� P A.L A,1 S ,a tJ s JJ CITY OF PALM SPRINGS, CA STATEMENT OF QUALIFICATIONS (SOQ)#14-19 ON-CALL CIVIL ENGINEERING SERVICES Statements of Qualifications (SOO 14-19), for professional services for a On-Call Civil Engineering Services for the City of Palm Springs, CA, (hereinafter the "SOQ") will be received at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME, TUESDAY, JUNE 11, 2019. It is the responsibility of the respondent to see that any submittal sent through the mail, or by any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability of submittals. Telegraphic, telephonic, faxed or emailed submittals will not be accepted. Late submittals will be returned unopened. Failure to register for this SOO process per the instructions in the Notice Inviting Statements of Qualifications (under "Obtaining SOO Documents") may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a submittal as being non-responsive or negatively impact the evaluation of a submittal. We strongly advise that interested firms officially register per the instructions in the Notice. 1. PURPOSE AND SCHEDULE: The City of Palm Springs is requesting statements of qualifications from qualified professional licensed civil engineering firms to provide the City with On-Call Civil Engineering Services The objective of this solicitation is to hire multiple on-call firms to provide such services to the City. The City may assign projects at its sole discretion. There is no promise or guarantee of work, made or implied, by the City and all work that may be assigned is subject to approval and funding of each project. SCHEDULE: Notice requesting Statements of Qualifications posted and issued ........................... May 7, 2019 Deadline for receipt of Questions.......................................Tuesday, June 4, 2019, 3:00 P.M. Deadline for receipt of Submittals....................................Tuesday, June 11, 2019, 3:00 P.M. Short List/ Interviews/ *if desired by City ..........................................................to be determined Contract awarded by City Council ..................................................................... to be determined NOTE: There will NOT be a pre-submittal conference for this procurement. *Dates above are subject to change. "KEY" TO SOQ ATTACHMENTS: ATTACHMENT "A"- Signature Authorization Form, including Addenda acknowledgment. *Must be completed and included in your Qualifications Submittal envelope. Page 3 of 48 ATTACHMENT "B" — Non Collusion Affidavit Form. *Must be completed and notarized and included in your Qualifications Submittal envelope. ATTACHMENT "C" — Cost/Rates Submittal Form. *Must be completed and included in a separately sealed envelope — do NOT include this in your Qualifications Submittal envelope. ATTACHMENT "D" — No Conflict of Interest and Non-Discrimination Form. *Must be completed and included in your Qualifications Submittal envelope. ATTACHMENT "E" — Business Disclosure Form. *Must be completed and included in your Qualifications Submittal envelope. ATTACHMENT "F" —Sample boilerplate Contract Services Agreement (for reference only) *SPECIAL NOTE: THE CITY IS CONDUCTING A SEPARATE SOQ 15-19 FOR ON-CALL TRAFFIC ENGINEERING SERVICES THAT 1S DUE ON THE SAME DAY. IF YOUR FIRM ALSO OFFERS THOSE SERVICES AND YOU WISH TO SUBMIT YOUR QUALIFICATIONS FOR TRAFFIC ENGINEERING SERVICES, YOU MUST SUBMIT A SEPARATE RESPONSE TO THAT SPECIFIC SOQ. THE CITY WILL NOT ACCEPT OR CONSIDER A COMBINED SINGLE SUBMITTAL IN RESPONSE TO BOTH SOQ'S. 2. BACKGROUND: The City of Palm Springs is a Charter City in eastern Riverside County, CA with a population of over 48,000. The City is seeking proposals from qualified professional Civil Engineering firms to establish a list of on-call firms to work on a variety of capital projects within the City boundaries. The city anticipates the projects will range from various small and large Civil Engineering projects related to roadways and various City facilities. Examples of the types of projects that may be contemplated under this contract for services may include, but are not limited to, the following: drainage projects, curb and gutter work, design of parking lots, street improvements, preliminary planning and cost estimating for existing and future projects, etc. The selected consultant(s) shall be required to demonstrate successful experience and capacity to provide civil engineering services to a municipal government agency for the types of projects named above. Note that projects with Federal or State grant funds may be excluded from this contract pursuant to the applicable terms and conditions of the grant requirements. The City intends to award one or more contracts for on-call Civil Engineering Services with an initial term of three years, with two one-year extensions upon approval of the City Manager and mutual consent of the selected Consultant(s), for a total maximum term of five years, unless mutually extend by the parties. The assignment of projects to the on-call firms is not guaranteed and is at the sole discretion of the City. 3. SCOPE OF WORK: The selected Consultant(s) shall provide first class as-needed licensed on-call civil engineering services for various City Projects as assigned. Responsibilities may include, but are not limited to, the following: (*all services may or may not be necessary on each assigned project) 1. Street improvement projects. 2. Sewer improvement projects. Page 4 of 48 3. Storm drainage projects — Miscellaneous storm drainage improvement projects as determined by the Public Works staff. 4. Preliminary planning and cost estimating for capital improvement projects. 5. Right of Way Clearance. 6. Environmental Clearance for CEQA. 7. Act as the City of Palm Springs representative on contract document interpretation and related contract matters during construction of projects. Typical duties may include, but are not limited to the following: 1. Prepare or examine engineering plans, specifications designs, cost estimates, bid proposals and legal descriptions for a variety of construction and maintenance projects. 2. Serve at the discretion/direction of City Engineer on a variety of construction or capital improvement projects including difficult engineering work. 3. Represent the City in meetings with contractors, developers, consultants, utilities and others. 4. Perform contract administration functions, negotiations on behalf of the City, and recommend change orders when applicable. It will be the responsibility of the successful firm(s) to determine the necessary staffing level required to perform the scope of service as may be required for a project when assigned. The City will not provide dedicated work space or office space, city staff or city resources, printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. All proposals must be made on the basis of the requirements contained herein. Individual tasks may require supervision, consultants, materials, equipment and supplies necessary to complete any services required. All services shall be performed in compliance with industry and professional standards and all applicable federal, state, and local laws, ordinances and regulations including Americans with Disabilities Act (ADA), 2010 (or most applicable current at the time of assigned project) Edition of the California Building Code, and the rules and ordinances of the County of Riverside and the City of Palm Springs. The City further reserves the right, when applicable and in the best interests of the City, to require the Civil Engineer to engage sub-consultants with special expertise when the unique circumstances of a particular project warrants such additional services. The City may provide recommendations to the Civil Engineer of sub-consultants for consideration and reserves the right of approval of any sub-consultant selected by the Civil Engineer on any assigned project. 4. SUBMITTAL REQUIREMENTS: Please note: this SOQ cannot identify each specific, individual task required to successfully and completely implement this project. The City of Palm Springs relies on the professionalism and competence of the selected firms to be knowledgeable of the general areas identified in the scope of work and will incorporate in the final agreement with the selected firms from this process all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not approve amendments or change orders to the Page 5 of 48 selected firms agreements which do not involve a substantial change from the general scope of work identified in this SOO. 5. SELECTION PROCESS: The City of Palm Springs is utilizing a Qualifications Based Selection process to select multiple firms to provide the on-call services requested by this SOQ. The City shall review the submittals submitted in reply to this SOO, and a limited number of firms may be invited to make a formal presentation and attend an interview at a future date. The format, selection criteria and date of the presentation and interview will be established at the time of short-listing. Preparation of submittals in reply to this SOO, and participation in any future presentation or interview is at the sole expense of the firms responding to this SOO. 6. SUBMITTAL EVALUATION CRITERIA: This solicitation has been developed in the "Statement of Qualifications" (SOQ) format. Accordingly, firms should take note that the City will consider multiple criteria in selecting the most qualified firms. Consistent with CA Government Code Section 4525/4526 and Municipal Code 7.04.050 for the acquisition of Professional Services, price is NOT an evaluation criteria. Cost/Rate submittals submitted in separate sealed envelopes are not opened, nor considered during evaluations. Upon selection of the most qualified firms, the associated cost/rates submittals will be used as a basis for contract negotiations to establish fair and reasonable and mutually agreed upon costs. Should successful negotiations not occur with a ranked firm, the City may, at its sole discretion, choose to enter into negotiations with the next highest ranked firm, and so on. PRIOR CITY WORK If your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their submittal, information obtained from references, and presentations if requested. All submittals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past projects. An Evaluation Committee, using the following evaluation criteria for this SOO, will evaluate all responsive submittals to this SOQ. Firms are requested to submit their submittals so that they correspond to and are identified with the following specific evaluation criteria: A. Firm Qualifications, Experience and Background (35 POINTS): B. Understanding Civil Engineering Design processes (35 POINTS): C. References and Experience with Projects of Similar Size and Scope (25 POINTS): D. Local Expertise Demonstrated on the Team (5 POINTS): Firms that qualify as a Local Business, or employ local sub-consultants, and submit a valid business license as more fully set forth in Section D.1 below, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five (5) points, will be awarded to those that qualify as a Local Business. Two (2) points will be awarded to a non-local business that employs or retains local residents and/or firms for this project. Non-local firms that do not employ or retain any local residents and/or firms for this project shall earn zero (0) points for this criteria. 7. SUBMITTAL CONTENTS: Firms are requested to format their submittals so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 above. The submittals must be in an 81/2 X 11 format, minimum 10pt font size, minimum %" margins, and may be no more than a total of thirty (30) sheets of paper, which may be double-sided, including cover letters, organization charts, staff resumes, appendices, and any exceptions to the language in the sample agreement, or to the insurance requirements. NOTE: Page 6 of 48 Dividers, Attachments "A","B", "D" and "E" and Addenda acknowledgments, and the Cost/Rates Submittal "C" (`in a separately sealed envelope) do NOT count toward the limit (everything else does). Interested firms shall submit SIX (6) copies (one marked "Original" plus five (5) copies) of both your Qualifications Submittal and your Cost/Rates Submittal, and one (1) Thumb Drive or CD of the entire submittal (including the Cost/Rates Submittal), by the deadline. All submittals shall be sealed within one package and be clearly marked, "SOQ 14-19, REQUESTS FOR STATEMENTS OF QUALIFICATIONS FOR ON-CALL CIVIL ENGINEERING SERVICES". Within the sealed submittal package, the Cost/Rates Submittal "C" shall be separately sealed from the Qualifications Submittal. Submittals not meeting the above criteria may be found to be non-responsive. EACH SUBMITTAL PACKAGE MUST INCLUDE TWO (2) SEPARATELY SEALED ENVELOPES: Envelope#1, clearly marked "Qualifications Submittal", shall include the following items: • Completed Signature authorization and Addenda Acknowledgment (see Attachment A) • Completed, and notarized, Affidavit of Non-Collusion (see Attachment B) • If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley. • Completed No Conflict of Interest and Non-Discrimination Form (Attachment D) • Completed Business Disclosure Form (Attachment E) At a minimum, firms must provide the information identified below. All such information shall be presented in a form that directly corresponds to the numbering scheme identified below. SECTION A: FIRM QUALIFICATIONS, PROJECT TEAM, EXPERIENCE AND BACKGROUND A.1 State your firm's complete name, type of firm (individual, partnership, corporation or other), telephone number, FAX number, contact person and E-mail address. If a corporation, indicate the state the corporation was organized under. A.2. State the name and title of the firm's principal officer with the authority to bind your company in a contractual agreement. A.3 Describe your firm's background and qualifications in the type of effort that this project will require, specifically identifying experience with providing civil engineering design services for public agencies. A.4 List the name, qualifications and availability of the key staff/team members that will be assigned to this project. Provide detailed qualifications of the lead Representative or Project Manager that will be assigned to this project. A.5 Indicate the name of any sub-consultant firms that will be utilized to make up your team. Describe each sub-consultant's background and specific expertise that they bring to this project, Page 7 of 48 SECTION B: UNDERSTANDING CIVIL ENGINEERING DESIGN METHODOLOGY B.1 Describe in detail the steps that your firm would follow to provide civil engineering design services, including your work plan process and methodology. B.2 Identify your ability to ensure that projects are designed within your client's budget and the measures taken in successfully completing all phases of a project. B.3 Identify project management tools you propose to use to keep both your own staff on track and the City staff cognizant of current project status. BA Identify a design project, carried out in a desert environment, for which your firm and the staff proposed for this contract provided Civil Engineering Design Services, and describe how you applied your firm's skills and abilities in the following areas: (a) Responsiveness and attentiveness to client needs; (b) Creative ability; (c) Knowledge and understanding of the latest construction trends; (d) Analytical capability; (e) Oral and written communication skills; (f) Interaction with client's organization, i.e., other divisions and personnel (g) Sensitivity to funding constraints B.5 For the types of potential projects that were listed in Section 2 "Background", please comment on issues in your past experience that have come up and how your staff worked with your client to either avoid or resolve them. SECTION C: REFERENCES AND EXPERIENCE WITH PROJECTS OF SIMILAR SIZE AND SCOPE CA Provide a minimum of three (3) references for recently completed Civil Engineering Design Services for projects of a similar size and scope where the key personnel identified above provided the professional services required. At least two (2) of the references shall be for public/government agency projects, preferably in a desert climate. Provide contact information, including full name and a current phone number, for each project identified. C.2 For the representative successful projects completed, explain what key issues/challenges you faced and how you solved them. Also, please comment on the project budgeting for each. SECTION D: LOCAL EXPERTISE DEMONSTRATED ON THE TEAM D.1 Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term "Local Business" is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Page 8 of 48 Mountains on the east and north. For the purposes of this definition, "Coachella Valley" includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. The contractor or consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and subconsultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible. In order for a business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see Attachment A) and provide a copy of its current business license (or of those it employs for this project) from a jurisdiction in the Coachella Valley with its proposal. D.2 List all team members with local expertise. Clearly define their role in the overall project. ENVELOPE #2, clearly marked "Cost/Rates Submittal", shall include a fully completed and signed "Cost/Rates Submittal" form, Attachment "C", as provided by the City. • List the hourly rate for all classifications of personnel who may work on a Project for the City of Palm Springs. • List the hourly rate for all classifications of personnel of sub consultants. • List any reimbursable expenses the City may incur. • List any additional costs, such as drive time, that the City may incur in conjunction with the performance. • Do NOT include Attachments "A", "B", "D, or "E" in the Cost/Rates Submittal, Envelope #2. Attachments "A", "B", "D" and "E" are to be included in Envelope #1, "Qualifications Submittal". DEADLINE FOR SUBMISSION OF QUALIFICATIONS: Submittals will be received in the City of Palm Springs, Office of Procurement and Contracting until 3:00 P.M., LOCAL TIME, TUESDAY, JUNE 11, 2019. Proof of receipt before the deadline is a City of Palm Springs, Office of Procurement and Contracting time/date stamp. It is the responsibility of the firms replying to this SOQ to see that any submittal sent through the mail, or via any other delivery method, shall have sufficient time to be received by the Procurement Office prior to the submittal due date and time. Late submittals will be returned to the firm unopened. Submittals shall be clearly marked and identified and must be submitted to: City of Palm Springs Procurement and Contracting Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Craig Gladders, C.P.M., Procurement & Contracting Manager QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to Page 9 of 48 this SOQ other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a submittal. Any questions, technical or otherwise, pertaining to this SOQ must be submitted IN WRITING and directed ONLY to: Craig Gladders, C.P.M. Procurement & Contracting Manager 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Craig.Gladders(@palmspringsca.gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the SOQ. The deadline for all questions is 3:00 P.M., Local Time, Tuesday, June 4, 2019. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Department of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. FORM OF AGREEMENT: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Professional Services Agreement (see Attachment "F"). Please note that agreement Exhibits A, B, C, D and E are intentionally not complete in the attached document. These exhibits will be negotiated with the selected firms, and will appear in the final Professional Services Agreement executed between the parties. Requested changes to the Professional Services Agreement may not be approved, and the selected firms must ensure that the attached document will be executed. We specifically draw your attention to the language in the sections of the sample contractual agreement attached entitled "Conflict of Interest" and "Covenants Against Discrimination" and recommend all firms carefully consider these contractual requirements prior to submitting a submittal in response to this SOQ. Firms that submit a submittal in response to this SOQ shall certify the following: a) Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. b) Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's Page 10 of 48 lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked firms refuse or fail to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the next highest ranked firms, and so on. The term of the agreements that are awarded as a result of this SOQ shall be in effect for three (3) years with two additional one (1) year optional extensions at the mutual consent of the parties. AWARD OF CONTRACT: It is the City's intent to award a contract to the firms that can provide all of the services identified in the SOQ document. However, the City reserves the right to award a contract to multiple firms or to a single firm, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firms to be recommended for award and contracts have been negotiated and agendized for consideration. The decision of the City Council will be final. RIGHT TO ACCEPT OR REJECT SUBMITTALS: The City of Palm Springs reserves the right to waive any informality or technical defect in a submittal and to accept or reject, in whole or in part, any or all submittals and to cancel all or part of this SOQ and seek new submittals, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City. INSURANCE: Insurance provisions are contained in the Standard Professional Services sample agreement included in the SOQ. The successful firms will be required to comply with these provisions. It is recommended that firms have their insurance provider review the insurance provisions BEFORE they submit their qualifications. RESPONSIBILITY OF PROPOSER: All firms responding to this SOQ shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an SOQ without an authorized signature, falsified any information in the submittal package, etc.), the submittal shall be rejected. PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 6255 during the negotiation process, may be made public after the City's negotiations are completed, and Page 11 of 48 staff has agendized a recommendation to the City Council for the award of a contract to a specific firm or firms, but before final action is taken by the City Council to award the contracts. Although the California Public Records Act ("CPRA") recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a submittal is a trade secret. If a request is made for information marked "Confidential," "Trade Secret', "Proprietary," or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction. If a submitting party contends that a portion of the submittal is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records laws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys' fees, brought by a person challenging the City's refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a submittal or any other person or entity, because of the release of such information. The City will not return the original or any copies of the submittal or other information or documents submitted to the City as part of this SOQ process. NOTE THAT THE CITY MAY NOT RECOGNIZE SUBMITTALS WHERE ALL OF THE INFORMATION, VIA A BLANKET STATEMENT, IS SUBMITTED AS PROPRIETARY INFORMATION OR A TRADE SECRET. SUCH SUBMITTALS MAY BE FOUND NOW RESPONSIVE. COST RELATED TO SUBMITTAL PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this SOQ in the preparation of their submittal or participation in any presentation if requested, or any other aspects of the entire SOQ process. COMPLIANCE WITH LAW: Proposer warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. LICENSES, PERMITS, FEES, AND ASSESSMENTS: Proposer represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this SOQ. Proposer represents and warrants to City that Proposer shall, at its sole cost and expense, keep in effect at all times during the term of the Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Proposer to perform the Work and Services under the Agreement if so awarded. Proposer shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Proposer's performance of the Work and Services required under the Agreement if so awarded. Proposer shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Ta)e'. Page 12 of 48 INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this SOQ to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any submittal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. SUBMITTALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their submittal shall be valid for a period of 120 calendar days from the due date of submittals. SIGNED SUBMITTAL AND EXCEPTIONS: Submission of a signed submittal will be interpreted to mean that the firm responding to this SOQ has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Statement of Qualifications, and any attached sample agreement. Exceptions to any of the language in either the SOQ documents or attached sample agreement, including the insurance requirements, must be included in the submittal and clearly defined. Exceptions to the City's SOQ document or standard boilerplate language, insurance requirements, terms or conditions may be considered in the evaluation process; however, the City makes no guarantee that any exceptions will be approved. Page 13 of 48 ATTACHMENT "A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope#1)* REQUESTS FOR STATEMENTS OF QUALIFICATIONS (SOQ) #14-19 ON-CALL CIVIL ENGINEERING SERVICES SIGNATURE AUTHORIZATION NAME OF COMPANY(PROPOSER): BUSINESS ADDRESS: TELEPHONE: CELL PHONE FAX CONTACTPERSON EMAIL ADDRESS A. I hereby certify that I have the authority to submit this Submittal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my submittal. PRINTED NAME AND TITLE SIGNATURE AND DATE B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: An individual; A partnership, Partners' names: A company; A corporation If a corporation, organized in the state of: 2. My tax identification number is: Please check below IF your firm qualifies as a Local Business as defined in the SOQ: A Local Business (licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this SOQ is required by including the acknowledgment with your submittal. Failure to acknowledge the Addenda issued may result in your submittal being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s)# is/are hereby acknowledged. Page 14 of 48 ATTACHMENT "B" *THIS FORM MUST BE COMPLETED AND NOTARIZED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL(Envelope#1)* NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH SUBMITTAL STATE OF CALIFORNIA) ss COUNTY OF RIVERSIDE) The undersigned,being first duly sworn,deposes and says that he or she is of the party making the foregoing Submittal. That the Submittal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Submittal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Submittal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Submittal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Submittal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Submittal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Submittal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Submittal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay,any fee to any corporation,partnership,company, association, organization, Submittal depository,or any other member or agent thereof to effectuate a collusive or sham Submittal. By: Title: Subscribed and sworn to before me this day of 2019. Page 15 of 48 ATTACHMENT "C" COST/RATES SUBMITTAL *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST/RATES SUBMITTAL (Envelope#2)* *If necessary, you may attach additional sheets. STATEMENT OF QUALIFICATIONS (SOQ #14-19) ON-CALL CIVIL ENGINEERING SERVICES Responding to Statement of Qualifications SOQ 14-19 for providing on-call Civil Engineering Services, I/WE the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: PRIME CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSES: Cost/Rate: Page 16 of 48 Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). OTHER EXPENSES: Cost/Rate: $ PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. NOTE: This page MUST be manually signed. Certified by: Firm Name Signature of Authorized Person Printed Name Title Date Page 17 of 48 ATTACHMENT "D" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope#1)* CITY OF PALM SPRINGS, CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. NAME OF CONSULTANTNENDOR: NAME and TITLE of Authorized Representative: (Print) Signature and Date of Authorized Representative: (Sign) (Date) Page 18 of 48 ATTACHMENT "E" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope#1)* CITY OF PALM SPRINGS PUBLIC INTEGRITY DISCLOSURE (INSTRUCTIONS FOR APPLICANTS) Who Must File? Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions. Why Must I File? The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney. Note:A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following: (1) the owner/investor and the official have done business together during the year prior to the application; (2)the official has earned income from the owner/investor during the year prior to the filing of the application; (3) the ownerlinvestor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application, or (4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor's interest in the applicant entity, in relation to the application's outcome. When Must I File? You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed. What Must I Disclose? Page 19 of 48 A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.). Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity(e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed). B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager or City Attorney. PENALTIES Falsification of information or failure to report information required to be reported may subject you to administrative action by the City. *There are some additional supplementary instructions with an example following the form should you need further clarification. Page 20 of 48 EXHIBIT"C" CONSULTANT'S PROPOSAL x t � l t �D '3 t r r v ' u P 41 r4<rraae+`o PALM S P P I N G S Prepared by � Kimley>>>Horn Like'e no place else' Expect More.Experience Better. 44 WAR June 11,2019 ■ 45-025 Manitou Drive Craig Gladders,CPM Suite 11 Procurement and Contracting Manager Indian Wells,California City of Palm Springs TEL10760 565 5103 3200 East Tahquitz Canyon Way Palm Springs,CA 92262 RE:Statement of Qualifications for On-Call Civil Engineering Services(SOQ#14-19) Dear Mr.Gladders and Members of the Selection Committee: The City of Palm Springs(City)needs an enthusiastic team that offers the responsiveness,demonstrated experience,and both breadth and depth of resources necessary to support your civil engineering and planning needs,and to provide support services and long-term planning services to the Public Works Department.Kimley-Hom has the resources and commitment to deliver quality projects;and most importantly,has the creativity and technical understanding to address the most challenging projects the City may undertake.We are confident that our highly-qualified,local team offers the right balance of project management and technical expertise to meet your needs,and offer the following benefits for the City: Extensive On-Call Experience.On-call contracts require a different approach from typical project-specific contracts.Each task assigned under an on-call contract needs an individualized approach including the various disciplines necessary to complete the assignment.The services anticipated for this contract match those we have previously provided numerous Cities throughout Southern California,including: Downey,Pasadena,Glendale,Agoura Hills,and Industry;and the Counties of Riverside,Los Angeles,Orange,and San Bernardino,to name a few.Based on this experience,our team fully understands that on-call contracts require a different approach from typical project-specific contracts.On-call tasks are often fast-paced projects driven by unanticipated challenges that need expedited solutions.These projects require flexibility and focused attention to meet technical,schedule,and budget requirements without compromising quality.Kimley-Horn combines our understanding of the City's local conditions with the vast knowledge and experience of addressing challenging civil engineering issues in other parts of the state to bring you thoughtful methods to ensure your project is successful. We Are Responsive.We know that a strong commitment to client satisfaction must be the foundation of our service to you.We strive to deliver technical excellence,timely service,and practical solutions.We will be a responsive,readily available team that will examine ways to reduce costs and compress schedules as we work with you to deliver results. A Local and Diverse Team with the Backing of a National Firm.We are a national firm,but we are also wholly owned and operated by active Kimley-Horn employees.Kimley-Horn is formed and guided by professionals who have personally chosen to provide civil engineering services with high expectations and exceptional client commitment.The local team proposed for this on-call,including Project Manager,Frank Hoffmann,P.E., has the local knowledge and expertise to perform the on-call services,as well as access to the experience and technical resources of the entire firm. He will be the City's point of contact on all correspondence and communications throughout the duration of the contract.Frank is a Palm Springs resident who understands the vibe of the community and truly embraces that Palm Springs is"Like No Place Else." By choosing Kimley-Horn's team,you capitalize on our expertise,resources,and proven ability to put your needs first as we help you develop practical solutions for your anticipated projects.Thank you for your time and consideration of our qualifications.We look forward to hearing from you as we are eager to demonstrate our dedication to partnering with the Co. If you have any questions or need any additional information regarding our team or qualifications,please feel free to contact me at 760.424.2058 or frank.hoffmann@kimley-horn.com. This proposal will remain valid for 120 days from the date of submittal. Sincerely, KIMLEY HORN AND ASSOCIATES,INC. ,, jj 44A 4- Frank Hoffmann P.E. 0 Jean Fares,T.E. Project Manager Vice President City of Palm Springs I GMOC89021.19 1 Kimley o Horn Contract Exceptions Kimley-Horn has reviewed the sample Professional Services Agreement and would like to discuss the following modifications with the City. 1.1 Scope of Services.In compliance with all terms and conditions of this Agreement,Consultant agrees to perform the professional ser- vices set forth in the Scope of Services described in Exhibit"A,"which is attached hereto and is incorporated herein by reference(hereinafter referred to as the"Services"or"Work").As a material inducement to the City entering into this Agreement,Consultant acknowledges that this Agreement requires specialized skills and abilities and is consistent with this understanding,Consultant represents that it is a provider of fifst class wafk aftd professional services and that Consultant is experienced in performing the Work and Services contemplated herein and,in light of such status and experience,Consultant covenants that it shall follow the Kest professional standards in performing the Work and Services required hereunder.For purposes of this Agreement,the phrase professional standards"shall mean those standards of practice recognized as high gdality among well-qualified and experienced professionals performing similar work under similar circumstances. 1.5 Familiarity with Work.By executing this Agreement,Consultant*arFarits ffia rms that Consultant(a)has considered the Scope of Services to be performed,(b)has carefully considered how the Services should be performed,and(c)fA-under- stands the facilities,difficulties,and restrictions attending performance of the Services under this Agreement.If the Services involve work upon any site,Consultant warrants that Consultant has or will investigate the site and is or will be ftr+iy acquainted with the conditions there existing, [...]. 5.1 Types of Insurance. A.Errors and Omissions Insurance. 5.3.1 For any general or auto li&itkclaims related to this Agreement, Consultant's coverage shall be primary insurance as respects[...] 5.3.3 All insurance coverage and limits,where available,provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, [...] 7.3 Ownership of Documents.All drawings,specifications,reports,records,documents,memoranda,correspondence,computations,and other materials prepared by Consultant,its employees,subconsultants,and agents in the performance of this Agreement shall be become. u own payment for such,the property of City[...].v Kimley>>)Horn 2 GMOC89021.191 City of Palm Springs g m:ii Table of Contents A. Firm Qualifications, Project Team, Experience, and Background................................................................5 B. Understanding Civil Engineering Design Methodology.............................................................................27 C. References and Experience with Projects of Similar Size and Scope.......................................................35 D. Local Expertise Demonstrated on the Team..............................................................................................41 q N F I m h City of Palm Springs I GMOC89021.19 3 Klmley>>>Horn this page intentionally left blank SECTIONFIRM QUALIFICATIONS, PROJECT TEAM, EXPERIENCE AND BACKGROUND A.1 Kimley-Horn and Associates,Inc. Private Corporation(Organized in North Carolina) Contact:Frank Hoffmann,P.E.,Project Manager 45025 Manitou Drive,Suite 11 Indian Wells,CA 92210 760.424.2058 714.938.9488(FAX) Frank.Hoff mann@kim ley-horn.com A.2 Jean Fares,Vice President,has the authority to bind Kimley-Horn in a contractual agreement. A.3 Kimley-Horn is a full-service engineering,planning,and environmental consulting firm providing a comprehensive range of services to public and private clients throughout the United States.Founded in 1967,our company has grown from a small group of traffic engineers and transportation planners to a multidisciplinary firm of more than 3,600 professionals in 89 offices nationwide. Our 12 California offices,including local offices in the Coachella Valley,Riverside,Orange,and Downtown Los Angeles,have more than 350 engineers,planners,designers,and technicians— • ' affording us the depth of resources necessary to staff and Y1 r Kimley>»H �� execute virtually any assignment in response to the City's needs for this on-call contract.We provide our clients with the local e knowledge and responsiveness of a small organization,backed by the depth of resources only a national firm could offer. As a recognized nationwide leader in engineering consulting services,Kimley-Horn's professionals understand the complexities of on-call assignments and develop solutions unique to each community we serve.We have an extensive history of completing on-call projects successfully,on time,and within budget.Kimley- Horn will commit the necessary resources to help ensure the success of each project assignment that is outlined in the scope of services.We will do this through proactive project management and continuous contact between the City of Palm Springs staff and our key team members. We have the tools that tell us exactly how and when to implement these resources.While this can be perceived as an internal issue to Kimley- Horn,the tools we use to manage and administer a project are really for the client's benefit,since a firm basis is established for on-time, within-budget delivery of all services.Schedule and budget are extremely important to Kimley-Horn,and our resources will allow us to meet the goals established for your projects. Combining national experience with a local sensibility,Kimley-Horn's professionals provide comprehensive solutions to the planning,analysis, and design of public and private spaces.On our projects,we work extensively with our internal partners,agency staff,and clients to create the appropriate technical approach for the document and scope of related technical studies. City of Palm Springs I GMOC89021.19 5 Kimley)))Horn q , T n-Call Specialists The City of Palm Springs needs a consultant with the experience and commitment to deliver highly responsive service—Kim ley-Horn has been doing just that for municipal clients since our founding 52 years ago.Kimley-Horn has an extensive history of completing as-needed,on-call projects successfully by quickly mobilizing and committing necessary resources,taking ownership of the project, maintaining the project schedule,obtaining team consensus,developing accurate construction cost estimates,and delivering quality technical submittals.The City can take advantage of our thorough understanding of the issues involved in on-call contracts from our lessons learned from on-call contracts with various cities,counties,and state DOTS. As part of numerous on-call and as-needed contracts with public clients throughout California,Kimley-Horn has provided a wide range of services planning,engineering,and design services.The following is a summary of just some of the specific services our in-house depth of services allows us to provide to meet the individual needs of our clients. Los Angeles San Bernardino KH Riverside Office a� Orange Pacific KH Coachella Valley Office Ocean San Diego Imperial Q Banning,CA QLake Elsinore,CA ®Orange,Los Angeles,and Inland Q Riverside,CA •Realignment of SR 79(Project Resort •Banning Airport I dustnal Cn all Engineering and Staff Extension Empire Counties,CA •Riverside Community Hospital Prkg •&Environmental Document', •Sunset Ave.Railroad Grade Separation •Nichcls:?oad Lift Piastevater Station. •The Four Corners Plan updste Structure •Am Roundabout Feasibility Study and at 1.10 •Riverside Communty,Hospital Expansion Final Design •Paseo San Gorgdnlo Specific Plan ()Lake Matthews Area,CA ®Palm Besart,CA In ellcenter Riverside Walgreens-Clinton Keith Road-Palomar •Butterfield Specific Plan EIA •Lake Matthews Single Famiy,Housing •2004 Ongln-DestinatonSurvey •Limonite Phase II Street •California State University San Bernardo •Marini ion Auto Auctions Admin.Variance •TLMA Community Planning On-Call ©Beaunnoal CA QMoreno Valley,CA Coachella Valley Off-Campus Carter .Mcane Distrbltion Center •TLMA Panil Environmental On-fall •Beaumcrt Conmerce Morena Vatley Go all Revievv,Services •Intersection and Drainage Improvements •Meridian-Pmject Garden Final Design •Frederick SVBraeham Ave.Safety Study at Frank Spate Drive and Poncla Avenue Mendel-Pmlect Stnfleld W Design Q Sari Jacinto,CA Q Coachella Valley,CA •Interchange Improvements fa 1-215 at •Tneffic SOW Communication Mete Pan •Riverside Auto Axucn Expansion •Cottornvood Estates •Pavement Management and Condition Cactus Avenue PSR •Raising Cannes Site Assessment Project •Reche Vista DnvePems Boulevard Palm Springs,CA •Tesco Stores Distribution Center ®Temecula,CA •South Val fey Parkway Project-Alignment Tralk Study •Palm Springs United School Dl sbot. •UC Riverside All aria Visitor Center •C 1 Engineering Design Servces- Study and EA •Speed Himlps Plot Program schod Resulting Walmart Garden Carter Expansion- Santiago Detention Basin •Ssudh Way Perlony Trafficinasing Plan •Serena Park FIR Paer Reviex Riverside •Dez Road Extension and Mumea Creek m Murdeta,CA •DomRmn Parki g Implementation Bridge 0 Corona,CA •Brea Pieta Redevebprne t Focused Traffic Program and Parking Feasibility Study ®Riverside County CA Main Street Brdge •City of Corona On-Cat Tlafffc and Impact and Parking Analysis •Palm canyon Mixed-Use Project •I 215Nan Buren PAGED •Murrieta Creek Multi-Purpose Trail Transportation Services 1-215/Neupon Road Interchange Signals and PSBE Phases •Temecua Roadvay Redatributon •MGD Corona Sewer Lrft Station-Sukurt •Jackson Business Park 4D Perris,CA •1-10;Surset Grade Separation Winchester Hills Development Development Jackson Ave.Extension Undge lSrMND OCL1 Rockefeller Project 1-108ypass Project Subarea Model •Signing and Striping Plan for Tract 30632 Jefferson Supercent x Perris 15 Condominiums Risitall County On-Gall Tralfie lFrae 1j Madison Retail Center TIA Engineering Sen ices IS Thousand Palms,CA •TS Amethyst Road and Mojave Road Murrieta Marketplace Read Carte TEA (Rancho Mirage,CA •Riverside County General Central Valley Business Park •Meflleta Office_Venallleee Properties Mirada Custom Lens Pan Program EIR ©Hemet,CA ,Murrieta Poke Professorial Oil Tat •Pancn o Mirage Section 19 •LalmNew-Num Road and Bridge Bereft ©West Rivarshle,CA •Traffic Coll fleeted .Davicen District IRBi Nexus Study •'VvR0)G TLMF TecMical Support.Western •Neighborhood Traffic Management Rialto,CA •March Global Part Nvers de Council of Governments! (Indio,CA Program •Niagara Bcdling Plant Addendum •Meridian(March AFBlMarch Business •Damlawd0id Taws Ynlo Specific Plan .Mumeta Traffic EnguoercpvSudy RereLxaence SW*Plan&Rt1d Eli Carter)Specific Plan&Ell WBdomar,CA •Vldatrhl DemopmetRafflelill Services •Tract No.177C8 •On-Gall Sefices-lfaffid Englneedng and •Inland Valley Medical Center Analysis •Westside Markepace Retail Center TIA •Ratio Walmert Site Transportation Panning Review Services •Fath Bible Church •Sardck's-Hkgnway 111 at •Safes-Pegs Industrial Development •Rat Crossing Grade Separation �0e Street (D Roma,CA •Walgreens7Tesco Retail Development Prionizaton Study •Horseshoe Ranch Due Diligence •On-Call Goods Mo emen Comitant Services Kimley)»Horn 6 GMOC89021.191 City of Palm Springs RaadwayJHighway Engineering Roadway Design.Roadway design is a key area of Kimley-Hom's professional practice.We have provided these services for urban,rural, primary,secondary,and interstate roadways for clients ranging from municipalities and state DOTs to private developers.Our in-house staff is equipped to address all aspects of roadway design projects,including intersection geometrics,roadway widening and realignment,pavement rehabilitation,utility relocations,traffic control,signalizations,signing and marking,and erosion control. Bicycle and Pedestrian Planning and Design. Kimley-Horn understands the importance of planning and designing for alternative transportation modes for bicycles and pedestrians.We employ state of + i�A the-art techniques to accommodate and encourage DESERT suly the use of alternative transportation modes and 2/23/18 minimize vehicular conflicts.We routinely design „Frank Hoffmann,of Palm Springs, V,; said he is happy bicyclists will bike facilities using the AASHTO,FHWA,and Caltrans have a safe place to ride now.He Highway Design Manuals.We are also experienced „ d had his Chihuahua,Chico,riding in designing bike facilities,including buffered bike in the basket of his bike on lanes and cycle tracks,using the NACTO Urban Friday morning." Bikeway Design Guide and the FHWA Separated r Bike Lane Planning and Design Guide.Our firm has led numerous bicycle planning and design projects throughout the United States. Green Streets.Green Streets combine multiple elements that allow a roadway to be an extension of the sustainable environment.This method of sustainable roadway design can incorporate stormwater management elements such as permeable pavements,vegetated water quality facilities,and open spaces that reduce runoff and strive to duplicate predevelopment hydrology.Energy reduction technologies such as LED lighting and traffic signals can be used.In addition,heat island effects are reduced through the use of reflective pavements and the incorporation of street trees.Green Streets can be designed with"Complete Streets"principles that encourage alternate modes of transportation. Pavement Rehabilitation.Our staff also has extensive experience with pavement rehabilitation projects of all sizes.We can assist the City in developing a strategy that properly addresses pavement life,available budget,cost saving techniques,and constructability.Our team is familiar with a very wide range of innovative and cost-effective pavement rehabilitation options. Traffic Engineering Traffic Signal Design.Signal design and construction is one of the cornerstones of Kimley-Horn's professional practice.Over the past five decades,we have developed signal systems for thousands of signalized intersections for municipalities and state �' �'r.T BURN departments of transportation nationwide.Our systems are based on open architecture YIELD � concepts,and each one is designed to meet the singular needs of each client.In addition ON GREN to comprehensive master planning for traffic signalization,our engineers have designed numerous plans to standardize traffic control systems and provide comprehensive systems communications.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.Kimley-Horn has participated in an extensive number of signal system projects throughout the nation.Members of our staff have also assisted several clients during the selection and the administration of various procurement methods,including design-build.We have been responsible for virtually every aspect of traffic systems,including Plans,Specifications&Estimates(PS&E)packages,conceptual designs,operational feasibility,communication architecture,system design,software development,and deployment and implementation plans. City of Palm Springs I GMOC89021.19 7 Kimley>>>Horn Traffic Signal Phasing and Timing.Our signals are planned and designed in order to maximize both existing and planned investments. Our staff members use up-to-date operational models such as Synchro,Sim-Traffic,Tru-Traffic,and VISSIM to help our clients optimize the timing and phasing of signals and improve operations at intersections,along roadways,or throughout busy corridors.Our experience includes systems ranging from those with a single intersection to systems with multiple intersections.Our services include data collection,timing/ phasing analysis,preparation of signal coordination plans,and field implementation. Drainage Analysis/Hydrology Reports Stormwater Treatment and Analysis.Our water resources expertise includes hydrologic and hydraulic analyses,permitting,sedimentation and scour analysis,stormwater quantity and quality issues,and the design of hydraulic structures ranging from pipes,culverts,canals, detention basins,and outlet structures to major water control and pump structures.We have designed culvert crossings,levees,small dams, outlet structures,and bridges.Representative project areas range in size from one to more than 130,000 acres,and our engineers have been called upon by numerous public agencies and major agricultural,industrial,and residential developers as well.Our staff has the expertise R to conduct preliminary studies,prepare stormwater management plans,and )'f l Wpm construction documents for the whole range of drainage project. Quantity Take Offs/Engineer Estimates As a former chief estimator for a heavy Civil Contractor,Frank Hoffmann,P.E.has a very comprehensive understanding of all steps involved to prepare accurate cost estimates.Based on this in-depth knowledge of the construction industry and our recent experience that we combine with unit prices taken from recent similar projects,we will ensure that no items will be overlooked or priced incorrectly.The quality and accuracy of our estimates is the result of our early efforts to define basis of design assumptions and identify technical methods.We are proud of our success rate—our recently bid projects have consistently come in at or slightly below the engineer's estimate. Landscaping From the revitalization of a popular community park to the design and implementation of a downtown streetscape,Kimley-Horn has successfully planned and implemented scores of landscape architecture projects.We have successfully completed dozens of parks and master plan projects for federal,state,regional,and local government.Our landscape architects emphasize the development of a pleasing visual environment,meaningful theme,distinctive image,and strong sense of place,while being sensitive to the client's budget and long-term operational and maintenance obligations.Extra care is taken to ensure that plant species selected are drought-tolerant and densities are climate specific.Water conservation is a focal issue in designing and maintaining landscapes in the Coachella Valley.We recognize the need for proper irrigation design that utilizes the most recent technology in controllers,irrigation heads,micro-irrigation,and bubbler systems.Our irrigation specialists provide professional irrigation design integrated with water management solutions to meet the specific desert climate and environmental conditions of project sites.Our goal is to develop a cost-effective irrigation system design that meets the accepted standards and maintenance requirements for the City.Our staff will help ensure that W water conservation,water management,and irrigation design are wholly addressed—with a sensitivity to the desert environment. Structural Bridge Replacement/Rehabilitation.At Kimley-Horn,we understand what constitutes a bridge rehabilitation over a < replacement.This saves our clients' money that can be utilized on other projects that are necessary for their communities.Kimley-Horn regularly works with Caltrans District 8 Local Assistance and can04 assist the City in the evaluation of existing structures and applications . _ . � - for federal funding through the Highway Bridge Program(HBP). ` Kimley>>)Horn 8 GMOC89021.191 City of Palm Springs Kimley-Horn is well-versed in the aspects of bridge replacement and rehabilitation and looks forward to working with the City to maximize your funding eligibility. Retaining Structures.Not only does Kimley-Horn perform bridge design,we also specialize in retaining walls.There are many types of retaining walls that can be utilized to serve the City's purpose.The difficulty is knowing what retaining solution is best suited for the specific project.This will depend on the condition of the soil;whether the wall is in a cut or fill condition,whether it has right-of-way constraints,what it is supporting,and whether or not settlement of the supporting material is acceptable. Erosion Control Plans, Storm Water Pollution Prevention Plan (SWPPP), Water Quality Management Plan (WQMP), and PM 10 dust control) Plans Kimley-Horn's professionals have extensive experience in the design of erosion control and flood control projects in Southern California and across the country.As part of the engineering plan review or individual K W yam" environmental documents review,Kimley-Horn's certified QualifiedOW may. SWPPP Developer(Q.S.D.)engineers will provide the support to review the project's environmental documents including the Water Quality Management Plan(WOMP),StormWater Pollution Prevention (SWPPP)and Water Pollution Control Plan(WPCP). Right-of-Way The Kimley-Horn team understands the critical nature and impacts to the cost and schedule of right-of-way for all projects.Our design will be optimized to minimize right-of-way impacts in concert with the overall project cost.We will prepare right-of-way requirement maps,plats and legals,and other documents needed for the City to acquire the needed right-of-way. Sewer Design and Wastewater Services. Kimley-Horn has experience in all phases of project planning,design,and construction management of sewer and wastewater projects. Kimley-Horn team's recent wastewater experience includes designing the sewer relocation for the Costco at Lakewood Center and sewer pump station at Los Cerritos Center Expansion projects.We have a growing list of collection system condition assessment projects including flow monitoring,infiltration and inflow assessments,smoke and dye testing,hydraulic modeling,rehabilitation/replacement recommendation, capital improvement planning,master planning,rate studies,pipe lining,pipe bursting,bypass pumping,trenchless construction,lift station improvements,and odor and corrosion inspection and control. Utility Every project is unique and presents its own special design challenges; however,the most frequent challenge we face in local municipal projects is related to existing utilities.The majority of the projects under this category are located in developed areas where utility facilities are currently within the proposed project area and any improvement will generally affect or be affected by the location of the utility facilities. Kimley-Horn believes in drawing utility lines and features to their true size in our plans to aid in identifying conflicts early in the design phase; potholing potential conflict locations when budgets allow,which gives a better understanding of the locations of the existing lines;and extensive coordination with the various utility companies. Agreements/Grants Kimley-Horn has a proven track record of winning grants for a wide variety of municipal projects.We can research and find project funding through state and federal grant programs.Our grant writing expertise has helped our clients secure more than$33 million over the past four years and the implementation of a wide array of projects through programs such as Active Transportation grants and Smart Growth programs. City of Palm Springs I GMOC89021.19 9 Kimley>>)Horn Public Outreach Kimley-Horn will manage and prepare a public outreach program tailored for each individual project,and assist the City in conducting public outreach to the effected communities,along with relaying impacts of the improvement of the proposed development and environmental mitigation measures.We understand the dynamic nature of outreach and have used a variety of engagement techniques,including bilingual facilitation tailored to the demographics of the desert region. ADA Compliance Our design team has a complete knowledge of ADA requirements and offers creative solutions to designing construction details,as related to improvements in the public right- of-way.This includes curb ramps and driveway approaches to fit the needed improvement within the existing constraints of each location,to the best possible extent.In cases when this cannot be achieved,we will devise a solution with minimum impact to the surrounding existing improvements,acknowledging project cost controls. Environmental Document Preparation Kimley-Horn provides a full range of environmental services for land development and public works projects from our offices throughout California.Our environmental compliance managers have worked on numerous complex,multidisciplinary projects requiring technical expertise,created solutions for design modifications or mitigation,and a thorough understanding of local,state,and federal regulations. Kimley-Horn produces environmental documents that are sensitive to the public's concern for resource protection and community impacts as well as to the real-world issues associated with the cost and feasibility of implementing mitigation programs.Kimley-Horn staff has been responsible for preparing several types of documents from Initial Studies, Mitigated Negative Declarations,and Categorical Exemptions through comprehensive Environmental Impact Reports.Our team has also prepared Mitigation Monitoring Implementation Schedules(MMIS)and Mitigation Monitoring and Reporting Programs(MMRP). A.4 When you choose a consultant,you are really choosing the people who offer you the technical expertise,hands-on experience with similar projects,and commitment to a high standard of quality and client service that will make your projects as successful as you have envisioned. To provide the level of support the City of Palm Springs requires,we have assembled a team that has the depth of experience and expertise needed to address a wide range of Civil Engineering projects. Frank Hoffmann,P.E.will be the primary contact for the City,providing overall management and coordination for Kimley-Horn's on-call services.Frank will be supported by a team of experienced engineers and planners,in addition to senior staff for contract management and quality control.We have identified the most qualified personnel with recent,relevant experience to be available to work with you.The organization chart on the following page highlights our proposed team members' roles.Summary resumes for proposed personnel are provided on the following pages. Kimley>»Horn 10 GMOC89021.191 City of Palm Springs t ° - V � a '?ti%�aN%zi ��Ayv xg C'QLtFpR��� Principal-in-Charge Proiect Manager ---a QC/QA Manager Mike Sutton,P.E. Frank Hoffmann,P.E. Darren Adrian,P.E. Traffic Engineering/Ughting 1 Jason Melchor,P.E. Frank Hoffmann,P.E. Kevin Thomas,CEP,ENV-SP Jean Fares,T.E. Ramez Soliman,LSIT Kari Cano Jake Roberts,P.E. Meghan Karadimos Drainage 4 ■ Caroline Dethlefsen,P.E.,LEED GA Bobby Kohltfarber,P.E. 1 Marie Santos,P.E. Dave Barquist,AICP Shea-Michael Anti,P.E.,QSD/P ,, 1 Ruben Salas Michael Madsen,PLA,CLIA,ASLA r r r� .� Martin Armstrong,PLA Simon Sei h P.E., G.E. Mike Agbodo,P.E. Bobby Kohltfarber,P.E. Leighton Robert Riha,P.G., CEG Sean Smith,PLS Leighton Guida Surveying Frank Hoffmann,P.E. Karina Alcantara,EIT Marie Santos,P.E. Guida Surveying Shea-Michael Anti,P.E.,QSD/P Eric Nickle Guida Surveying Andy Sanford,P.E. Jose Ramirez,P.E. Right-of-Way Phillip Bonina,R/W-AMC,CPM,CCIM Paragon Greg Brown,MPA,PMP Paragon Bold=Task Lead Frank Hoffmann,P.E. Project Manager 60% Mike Sutton,P.E. Principal-in-Charge 20% Darren Adrian,P.E. QC/QA Manager 20% Jean Fares,T.E. Traffic Engineering/Lighting 40% Jason Melchor,P.E. Traffic Engineering/Lighting 40% Shea-Michael Anti,P.E.,QSD/P Roadway Design/Drainage/ADA Compliance 50% Kevin Thomas,CEP,ENV-SP Environmental/Public Outreach 30% Bobby Kohltfarber,P.E. Drainage/WQMP 40% Michael Madsen,PLA,CLIA,ASLA Landscape Architecture/Urban Design 20% Dave Barquist,AICP Public Outreach 40% Andy Sanford,P.E. Structural Engineering 30% Jake Roberts,P.E. Sewer/Utility Coordination 30% Mike Agbodo,P.E. Sewer/Utility Coordination 40% City of Palm Springs I GMOC89021.19 11 Kimley>))Horn Y: /R,'',n Frank Hoffmann, P.E. Professional Credentials Project Manager • Bachelor of Science,Civil Engineering,Fachhochschule Frank has over 34 years of diverse experience in civil design and Rheinland Pfalz construction management.Project types include private, local,state, • Professional Engineer in California and federal working with roadway design and improvement, Bus Rapid #61839 and Arizona#42877 Transit,Light Rail Transit,transit support facilities,utility design,water resources, drainage • American Society of Civil Engineers design,and airport construction.His responsibilities include project management,work plan (ASCE),Member preparation,cost estimating,contractor selection,scheduling and oversight,design specification development,resource allocation,technical and final report preparation and review,quality control(QC/ - �caa ...:...,. :. CA),troubleshooting, negotiation/approval of field changes,and client relations.Frank has broad range of design experience in the Sonoran and Mojave Desert, Most recently Frank has led Kimley-Horns civil CIVR ENGINEER C •61829 design team on the Mid-Coast Light Rail Transit project.Kimley-Horn is a subconsultant responsible 719"YE NDANAAR D4'E for the civil design of one segment currently under construction which mirrors the nature of an on-call PALM SPR]NG5 CA contract with a variety of different tasks,mostly with critical schedule requirements. Relevant Experience • Mid-Coast Light Rail Transit project-100%Final Design Phase,sub to WPS,San Diego,CA—Subconsultant Civil Project Manager • Ontario Ranch Road Widening Project,City of Ontario,CA(Lewis Group)—Project Manager • Patterson Avenue and Webster Avenue Widening,City of Perris,CA—Lead Roadway Engineer • Replacement of North 1st Avenue Bridge,Barstow,CA—Senior Roadway Engineer • County of Riverside,)-10 Bypass PA&ED,Riverside,CA—QC/QA • Western Riverside County Council of Governments(WRCOG)2016 On-Call—Project Engineer • Van Buren Road Widening,Riverside County,CA—Lead Roadway Engineer • SR94 Campo Road Widening,Jamul,CA—Lead Roadway Engineer • LA Metro,SR 138 Corridor PA&ED,North Los Angeles County,CA—Deputy Project Manager • Mission Boulevard Bridge Replacement,Riverside County,CA—QC/QA • 7th Street Widening,Maricopa County,AZ—Project Manager • Riverside Transit Authority,Design of the Promenade Mail Mobility Hub,Temecula,CA;Riverside County,CA—QC/QA • Expo Phase 11 Bike Path,Santa Monica,CA—Project Manager • SANDAG,Bus on Shoulder(BOS)BRT Demonstration,San Diego,CA—QC/QA • City of Agoura Hills,Agoura Road Widening Project(Complete Streets),Agoura Hills,CA—Lead Roadway Engineer • Mulholland Highway Master Plan,Calabasas,CA—Lead Roadway Engineer • 1-5/Genesee Avenue Interchange PA&ED,PS&E and Construction Phase Services(CPS),San Diego,CA—QC/QA • 1-5 North Coast PA&ED and PS&E,San Diego,CA—Senior Roadway Engineer • Voigt Drive/1-5 North Coast Corridor(NCC)Improvements(PS&E),San Diego,CA—QC/CA • US 101 and Palo Comado Canyon Road PA&ED,Agoura Hills,CA—QC/CA Kimley»>Horn 12 GMOC89021.191 City of Palm Springs f tt 3Y Mike Sutton, P.E. Professional Credentials Principal-in-Charge • Bachelor of Science,Civil Engineering,California State Mike is a professional engineer with more than 24 years of broad-range Polytechnic University,Pomona experience covering many types of land development and public works • Professional Engineer in California projects.His strengths are in on-and off-site planning and design for master #57667 planned communities as well as managing design teams on multiple industrial,commercial,and resort projects.He also has many years of V1/1fN1.YY.Ny6 STkPNFN design and management experience on local public works projects.His UCSNSS WAMR'5T65T MEN"TYPE:OVs1,£N6WFR duties typically include supervision of the design team,client coordination, VCSPSSSTATVS:UbM* asnNATwN MTL:aEClMIIlR]t Zp Sp A A WON""STATUS:YA coordination with governing agencies,administration and management cn LA°°ah1TA STATE:CALOMM1A eWNTY M%IM X ZW:SZl of sub-consultants,and coordination with utility purveyors.Mike's vast, multifaceted experience has made him an invaluable asset to Kimley-Horn. Relevant Experience • Highland Springs,Cougar Way,and Starlight Avenue Street Improvement Plans,Beaumont,CA—Project Manager • Four Seasons Terra Lago Active Adult Residential Project,Indio,CA—Project Manager • Garden of Champions Tennis Stadium Complex Expansion Project,Indian Wells,CA—Project Manager • The Crossings,Cathedral City,CA—Project Manager • Carmax Auto Dealership,Palm Desert,CA—Project Manager • La Entrada Specific Plan,Coachella,CA—Project Manager • Las Montanas Multi-Use Project Master Plan and EIR,Indio,CA—Project Manager • Eisenhower George and Julia Argyros Health Center,La Quinta,CA—Project Director • Sundance Master Plan Community,Beaumont,CA—Project Manager • Tournament Hills Master Plan Community,Beaumont,CA—Project Manager • El Paseo Hotel,Palm Desert,CA—Project Manager • Marriott Shadow Ridge,Palm Desert,CA—Project Manager City of Palm Springs I GMOC89021.19 13 Kimley o Horn Darren Adrian, P.E. QCIQA Manager Professional Credentials 3% Bachelor of Civil Engineering, California State Polytechnic Darren has 25 years of professional experience in civil engineering experience University.Pomona related to planning,design,management and construction of transportation, Professional Engineer in California commercial,industrial,institutional,municipal and military facilities.His primary #C53031 emphasis has been in the transportation field,including planning and final design associated with street and highway improvements and rehabilitation,new street and highway segments, railway grade separations and at-grade crossings,storm drain and sewer systems,water systems,pump stations,traffic signals,and ITS improvements.Clients include cities,counties,Caltrans districts,and various agencies/municipalities within and around Southern California. Darren additionally has a superior project management track record.This,combined with his technical knowledge and skill,has earned Darren great respect not only among his various clients around the Southland,but also his peers. Relevant Experience • Mission Bridge Replacement PANED,Riverside and Jurupa,CA—Subconsultant Project Manager • Pennsylvania Avenue Widening PANED and PS&E,1 st Street to 5th Street,Beaumont,CA—Project Manager • I-10/Pennsylvania Interchange PA/ED and PS&E,Beaumont,CA—Project Manager • 1-10 Bypass,Banning to Cabazon PANED,Riverside County,CA—Deputy Project Manager • 1-10/Sunset Grade Separation PANED and PS&E,Banning,CA—Senior Engineer • 1-215/Cactus Interchange PSR,Moreno Valley,CA—Project Manager • Western Riverside County Council of Governments(WRCOG)On-Call—Project Manager • On-Call Engineering Services,Fontana,CA—Project Manager • Baseline/Laurel Intersection Improvements,Fontana,CA—Project Manager • South Valley Parkway Project,Alignment Study and EA,Coachella Valley/CVAG,CA—Engineering Manager • Gene Autry Way Widening,Anaheim,CA—Project Manager • Santa Ana Blvd and 5th Street Protected Bike Lanes,Santa Ana,CA—Project Manager • Expo Metro Line Construction Authority,Design of LRT Phase 2,Los Angeles,CA—Subconsultant Project Manager • ACE Fullerton Road Grade Separation PA/ED and PS&E,City of Industry,CA—Subconsultant Project Manger Kimley>>>Horn 14 GMOC89021.191 City of Palm Springs UK Jake Roberts, P.E. Professional Credentials SewerlUtility Coordination • Bachelor of Science,Civil Engineering,California State Jake has 15 years of experience in design and construction management for Polytechnic University,Pomona airports,freeway,roadway,heavy rail sites,residential,commercial and industrial • Professional Engineer in California subdivisions,reservoirs and booster stations.He has been project manager, #77308 deputy project manager and design task leader for several large design projects including civil development and airport projects.Jake has experience as a Resident Engineer and Construction Manager for several airport airfield projects,many of which were heavy airfield paving such as replacing runways,taxiways and aprons. Relevant Experience • 1-10 Palm Drive/Gene Autry Trail and Date Palm Drive,Palm Springs and Cathedral City,CA—Project Engineer' • Palm Springs Airport(PSP),Palm Springs,CA—Assistant Resident Engineer* • San Manuel Band of Mission Indians Guard Station,Highland,CA—Project Engineer" • San Manuel Band of Mission Indians Residential Lots,Highland,CA—Deputy Project Manager* • Sterling Heights LLC,San Bernardino,CA—Project Engineer' • De Oro Commercial Office Building and Parking Structure,Ontario,CA—Project Engineer' • State Route(SR)210 Segment 11,San Bernardino Associated Governments(SANBAG),Contract 3,San Bernardino,CA— Project Engineer' • SR 60/Nason Street Interchange Project,Moreno Valley,CA—Project Engineer' • Los Angeles Congestion Pricing Operating Plan,Los Angeles and Riverside Counties,CA—Project Engineer` =Prior to joining Kimley-Horn City of Palm Springs I GMOC89021.19 15 Kimley>>>Horn Caroline Dethlefsen, P.E., LEED GA Professional Credentials Roadway design • Bachelor of Science,Civil Engineering,Santa Clara University Caroline supports the design of multidisciplinary roadway and transportation • Professional Engineer in California projects throughout Southern California.She has supported a wide range of #88981 projects,from local roadway improvements to major interchange projects—from • LEED Green Associate#10978670 feasibility studies to final design and construction phase services.She has also worked extensively in • American Society of Civil Engineers a variety of software including AutoCAD,Microstation,InRoads,Bluebeam,and Microsoft office. (ASCE),Student Chapter Relevant Experience • Caltrans D11,Voigt Drive/1-5 North Coast Corridor(NCC)Improvements(PS&E),San Diego,CA—Analyst • Jamul Indian Village,SR 94 Improvements-NEPA,EIR,PA/ED,and PS&E(Jamul Indian Village),Jamul,CA—Analyst • San Diego County Regional Airport Authority,San Diego International Airport Terminal 1 Replacement Program,San Diego, CA—Analyst • County of Riverside,1-10 Bypass PA&ED,Riverside,CA—Analyst • Van Buren Road Widening,Riverside County,CA—Analyst • 1-5/Genesee Avenue Interchange PA&ED,PS&E and Construction Phase Services(CPS),San Diego,CA—Analyst • Replacement of North 1 st Avenue Bridge,Barstow,CA—Analyst Kimley)))Horn 16 GMoc89021.191 city of Palm Springs XT Bobby Kohltfarber, P.E., LEED AP Professional Credentials Drainage;WQMP • Bachelor of Science,Civil Engineering,Walla Walla College, With more than 17 years of experience,Bobby has diverse civil engineering Walla Walla,WA background in the commercial,educational,institutional,and residential • Professional Engineer in California fields.Located in our downtown Riverside office,Bobby has experience in a #68141 multitude of engineering applications.He has led many projects through the entitlement process • SEED AP#10327663 for local jurisdictions in Southern California to develop site plans and create conditional use maps and tentative tract maps,and then through final engineering design after the concept site plans and designs have been finalized.This includes all facets of design for grading,sewer,water,retaining walls,and civil appurtenance design. Bobby also has worked on road widening projects,alignment studies,and new street improvement plans for developers.He uses his diverse experience to successfully lead design teams to complete complex multi-disciplined projects. Relevant Experience • ADESA,Hoffman Estates Auto Auction,Hoffman Estates,IL—Project Engineer • Daisy Residential Development,Long Beach,CA—Project Engineer • Newcastle Waterman CDs,San Bernardino,CA—Project Engineer • Pharaoh's Lost Kingdom Theme Park,Redlands,CA—Project Engineer • CL1 Logistics Facility,Perris,CA—Project Manager • Turnkey Holding,Perris,CA—Project Engineer • Spray Tech,Rialto,CA—Project Engineer • Cuca's Restaurant,Redlands,CA—Project Engineer • Grove Lumber Yard Rehabilitation,Perris,CA—Project Engineer • Adesa Auto Auction Site,Jurupa,CA—Project Manager • Dalton Trucking Headquarters,CUP,Fontana,CA—Project Engineer • Grapeland Elementary School,Rancho Cucamonga,CA—Project Engineer • Day Creek Intermediate School,Rancho Cucamonga,CA—Project Engineer • Arbors Elementary School,Rancho Cucamonga,CA—Project Engineer • Etiwanda Colony Elementary School,Rancho Cucamonga,CA—Project Engineer • Development of 20-acre site for Waterman Industrial Center,San Bernardino,CA—QC/QA Review • Roger Anton Elementary,San Bernardino,CA—Project Engineer • Rosemary Kennedy Elementary,City of Riverside,CA—Project Engineer • John Burroughs High School Phase 11,Burbank,CA—Project Engineer City of Palm Springs I GMOC89021.19 17 Kimley 3))Horn 0, 7 x� Marie Santos, P.E. Professional Credentials DrainagerWOMP,-Estimating • Master of Science,Engineering Systems Management,Texas A&M Marie has over 19 years of experience in the civil engineering field.She is University proficient in the California Department of Transportation(Caltrans)design • Bachelor of Science,Civil standards as well as the American Association of State Highway and Engineering,University of Illinois, Transportation Officials'Policy on Geometric Design of Highways and Streets and their Roadside Urbana-Champaign Design Guide.Marie is also familiar with the International Organization for Standardization ISO • Professional Civil Engineer inCalifornia#72566,Illinois#062- 9001:2008 Quality Management System.Her responsibilities have included vertical and horizontal 058405,and Florida#76287 roadway,railway,and drainage design;structural design; sanitary sewer and water network design; • National Society of Professional hydrology and hydraulics; and preparing proposals,technical reports,contract documents,cost Engineers(NSPE),Member estimates,and specifications.Marie Is also experienced in hydraulic,topographic,and roadway • Women's Transportation Seminar surveying; building and bridge inspections;design and shop drawing review for code and plan (WTS),Member conformance;and construction support,supervision,and management, • Illinois Society of Professional Engineers,Member Relevant Experience • Caltrans D11,Voigt Drive/I-5 North Coast Corridor(NCC)Improvements(PS&E),San Diego,CA—Project Engineer • 1-5/Genesee Avenue Interchange PA&E0,PS&E and Construction Phase Services(CPS),San Diego,CA—Project Engineer • 1-10 Bypass PA&ED,Riverside County,CA—Project Engineer • 1-5 North Coast-PA&ED and PS&E,San Diego,CA—Project Engineer • Jamul Indian Village,SR 94 Improvements-NEPA,EIR,PA/ED,and PS&E(Jamul Indian Village),Jamul,CA—Project Engineer • NCTD,San Marcos Station TOD and Access Master Plan(fka Urban Villages),San Marcos,CA—Project Engineer • Rancho Coronado Villages Design Services-A Public/Private Partnership,San Marcos,CA—Project Engineer • RCTD,1-10/Sunset Avenue Interchange Railroad Grade Separation PS&E,Banning,CA—Project Engineer • SANDAG,Mid-Coast-100%Final Design Phase,San Diego,CA—Project Engineer • Western Riverside County Council of Governments(WRCOG)2016 On-Call,Riverside,CA—Project Engineer Kimley>»Horn 18 GMOC89021.191 City of Palm Springs i AWOL— Mike Agbodo, P.E. Professional Credentials Sewer.;Utility Coordination • Master of Science,Water Resources Engineering,University of Mike is an accomplished civil engineer with 32 years'experience in the Birmingham planning,analysis and design of water,wastewater,and water resources • Bachelor of Science,Civil 1Pa infrastructure.He has worldwide experience in water and wastewater and Engineering,University of Science systems planning,feasibility studies,design,and preparation of contract documents and contract and Technology administration.He has provided national leadership as a national planning and modeling practice • Professional Civil Engineer in California No.69267 group leader.He has served in various capacities of project director,project manager,technical project manager,consulting specialist,and project engineer on several projects worldwide.He has extensive experience in hydraulic and hydrologic modeling of water and wastewater systems,preparation and use of computer models for analysis and design.Mike has experience in water quality,water and wastewater treatment.He has published and presented over thirty publications in the water industry,and currently reviews papers prior to publication in American Water Works Association(AWWA)journals.He also has extensive international experience. Relevant Experience • City of Oceanside,Water and Sewer Replacement,Phase 2,Oceanside,CA—Senior Review,QA/QC • Vacuum Line Replacement,County of San Bernardino,North Shore Drive,Fawnskins,CA—Project Manager • Lytle Creek Wastewater Upgrades,San Bernardino,CA—Project Manager • Ramona Booster Station,Ramona Band of Cahuilla Indians,Anza,CA—Project Manager • Frisbie Park Sewer Lift Station,Rialto,CA—Senior Review,QA/QC • City of San Bernardino,Municipal Water Department,EPA Well Nos.109&112,City of San Bernardino,CA—Project Manager • Monterey Peninsula Water Supply Project,Hydraulic Evaluation for Alternative Selection and Sizing of Proposed Transmission and Storage Facilities,Monterey,CA—Task Manager • Wilson Reservoir Replacement,City of South Pasadena,CA—Project Manager • Sewer Master Plan,Town of Apple Valley,CA— Project Manager • City of Redlands,Efficiency Initiatives for Wastewater Treatment Operations,Redlands,CA— Project Manager • Eastern Municipal Water District(EMWD),1-215 Newport Road Improvement,Potable and Recycle Water Pipeline,Menifee, CA—Project Manager • City of Redlands,Preparation of Drawings for Connections of Citywide Recycled Water System,Redlands,CA— Project Manager • Eastern Municipal Water District(EMWD),Preliminary Design,Hydro-Electric Generation,Penis Water Filtration Plant,Perris, CA—Project Manager • City of Redlands,Title 22-Citywide Engineering Report for the Production,Distribution,and Use of Recycle Water,Redlands, CA— Project Manager • City of Redlands,Design Engineering Services for the Treatment Plant Optimization of the Horace P.Hinckley Water Treatment Plant,Redlands,CA—Project Manager • City of Redlands,Water Master Plan,Redlands,CA—Project Manager • City of Escondido,Park Hill Loop Area Water Distribution Systems Modeling and Waterline Pre-Design,Escondido,CA— Principal-in-Charge • City of San Diego,Canyon Sewer Access Assessment,San Diego,CA—Project Manager City of Palm Springs I GMOC89021.19 19 Kimley>))Horn �m WOW o Andrew Sanford, P.E. Professional Credentials Structural Engineering • Bachelor of Science,Civil Engineering,California State Andy has over 29 years of professional experience,including 2 years of University,Chico construction inspection experience,six years with Caltrans as a Project • Professional Engineer in California Engineer,and the last 20 years providing bridge design and project #49671 management.He has been involved in a variety of transportation planning,bridge design,retrofit • American Society of Civil Engineers analysis and design,and structure construction projects throughout his career.He brings key (ASCE),Member experience working on bridge replacement projects throughout California.Andy has an extensive background in the preparation of planning documents, including Project Study Reports(PSRs)and Project Reports(PRs),and has been part of multiple-agency planning committees.He has developed project specifications utilizing the base standard special provisions for both Caltrans and locally funded projects.These projects involved the coordination of federal,state,and local agencies. Relevant Experience • County of Riverside,I-215/Van Buren Blvd Interchange PA&ED and PS&E Phases,Riverside County,CA—Structural Engineer • City of Barstow,North 1st Avenue Bridge Replacement PSR/PDS,PA&ED,Barstow,CA—Structural Engineer • I-5/Genesee Avenue Interchange PA&ED,PS&E and Construction Phase Services(CPS),San Diego,CA—Project Engineer • RCTD,Sunset Avenue Railroad Grade Separation at 1-10 PS&E,Banning,CA—Project Engineer • SANDAG,1-5 North Coast,PA&ED and PS&E,San Diego,CA—Structural Engineer • Anza Road Bridge Replacement,Imperial County,CA—Project Manager • Palm Avenue/1-805 Interchange and Bridge Widening,San Diego,CA—Project Manager • 13th Street Bridge over Santa Maria Creek,San Diego,CA—Project Manager • Soto Street Bridge Widening,Los Angeles,CA—Project Manager • 'H'Street Drainage Structures,San Diego,CA—Project Manager • Sunset Avenue Grade Separation Value Analysis Study,Banning,CA—Project Manager Kimley>>>Horn 20 GN10089021.191 City of Palm Springs Jason Melchor, P.E. Professional Credentials Traffic Engineering/Lighting Bachelor of Science,Civil Engineering,University of California, ' Jason has 19 years of experience on traffic engineering and transit design Irvine projects,and has worked with clients in Orange,Los Angeles,Riverside,and Professional Engineer in California San Diego Counties on a multitude of design projects.His traffic engineering #65218 experience includes traffic signal design,signing and striping,traffic control,street lighting,signal interconnect,and ITS design plans.His on-call tasks with the Cities of Industry and Newport Beach are very similar to the types of tasks the City anticipates.Jason's transit experience includes being the Traffic Design lead on the Exposition Phase 2 LRT extension project through the City of Santa Monica.In addition to managing the on-call traffic engineering contracts with the Cities of Industry and Newport Beach,he has served as a key staff member on many municipal transportation studies,and traffic and civil engineering design projects.He is proficient in Synchro,SimTraffic,and Trafix and has used the different software applications to analyze operations at intersections,arterial corridors,grade separations,and freeway ramp projects.He also has used the simulation tool to present at public and agency meetings. Relevant Experience • On-Call Professional Traffic Engineering Services,Newport Beach,CA—Project Manager • Exposition Phase 2 LRT,Metro,Santa Monica,CA—Traffic Design Lead • On-Call Traffic and Civil Engineering Services,Industry,CA—Project Manager • East Coast Highway Signal Rehabilitation Design,Newport Beach,CA—Project Manager • On-Call Traffic Engineering Services,Anaheim,CA—Project Manager • On-Call Traffic Plan Check Services,Anaheim,CA—Project Manager • ACE Fullerton Road Grade Separation,Industry,CA—Project Engineer • Gene Autry Way Widening,Anaheim,CA—Project Engineer • ITS Master Plan,Anaheim,CA—Project Engineer • CenterLine Project,Anaheim,CA—Project Engineer • La Palma Condominiums Off-Site Traffic Design,Anaheim,CA—Project Engineer • OCTA,On-Call Traffic Engineering Services,Orange County,CA—Project Engineer • OCTA,Preliminary Engineering and Environmental Documentation for 17th Street Grade Separation Project,Orange County, CA—Project Engineer • Traffic Signal Coordination and Design Improvements,Costa Mesa,CA—Project Engineer • On-Call Traffic Engineering Services,Agoura Hills,CA—Project Engineer City of Palm Springs I GMOC89021.19 21 Kimley>>>Horn Jean Fares, P.E. Professional Credentials Traffic Engineering/Lighting Bachelor of Science,California State Polytechnic University,Pomona Jean has more than 28 years of traffic and transportation engineering • Professional Engineer in California A experience,including traffic signal design(over 2,000 locations)and signal #TR2097 system design(over 1,500 locations),traffic signal timing(over 2,500 • Institute of Transportation Engineers locations),traffic operations,signing and marking plans preparation,and traffic control plans.In (ITE),Member addition to signal design and corridor signal operations,he has managed Kimley-Horn's contracts to provide on-call traffic engineering services to the Cities of Burbank,Glendale,Santa Clarita,Downey,Chino,Long Beach,Lancaster, Palmdale;the Counties of Los Angeles and Riverside; and Caltrans. Relevant Experience • On-Call Traffic Engineering Services,Glendale,CA—Project Manager • On-Call Traffic and Parking Impact Studies,Glendale,CA—Project Manager • On-Call Traffic Engineering Services,Downey,CA—Project Manager • On-Call Traffic Engineering Services,Long Beach,CA—Project Manager • On-Call Traffic Engineering Services,Malibu,CA—Project Director • On-Call Traffic Engineering Services,Agoura Hills,CA—Project Director • On-Call Traffic Engineering Services,Anaheim,CA—QC/QA • On-Call Professional Traffic Engineering and Transportation Planning Services,County of Riverside,CA—Project Director • On-Call Professional Engineering Services,County of San Bernardino,CA—QC/QA • On-Call Professional Traffic Engineering Services,Newport Beach,CA—QC/QA • On-Call Traffic and Civil Engineering Services,Industry,CA—QC/QA • On-Call Traffic Engineering Services,Santa Clarita,CA—Project Manager • As-Needed Traffic Design Services,County of Los Angeles,CA—Project Manager • Gene Autry Way Widening,Anaheim,CA—QC/QA • Intelligent Transportation System Design Phases III,IV,and V,Santa Clarita,CA—Project Manager Kimley>»Horn 22 GMOC89021.191 City of Palm Springs Kevin Thomas, CEP, ENV SP Professional Credentials Environmental • Bachelor of Arts,Environmental Engineering,University of California, F - Kevin has more than 30 years of experience in the environmental compliance Los Angeles,CA and permitting of major infrastructure and land development projects.He has • Certified Environmental Professional, managed and prepared numerous Environmental and Planning studies for 99040383 public and private sector clients under CEQA and NEPA,specializing in the strategic guidance, • ENVISION Sustainability Professional preparation,and peer review of CEQA/NEPA documents and regulatory permitting programs.Kevin (ENV SP) has managed a wide range of environmental planning projects,including environmental documents for major infrastructure and land development projects,air quality and noise studies,community participation programs,highly controversial hillside development projects,state-of-the-art visual analyses,facility siting and due diligence studies,and technical support for the California Energy Commission,California Public Utilities Commission and California Coastal Commission permitting processes.He draws on his broad background and understanding of environmental constraints to provide technical and CEQA compliance review and environmental documentation,in addition to research,analysis,and writing.Key industry roles provide him with unique insight into current CEQA/NEPA case law,professional practice,and regulatory programs affecting the CEQA/NEPA defensibility and project success.Kevin has never had a CEQA or NEPA document successfully challenged in court. Relevant Experience • County TLMA,On-Call Environmental Services(currently ongoing),Riverside,CA—Project Manager • County of Riverside General Plan Update and Program EIR,Riverside,CA—Project Manager • Jackson Avenue Extension and Bridge Project IS/MND,Murrieta,CA—Project Manager • Murrieta 25 Grading Project IS/MND,Murrieta,CA—Project Manager • Murrieta 18 Office Campus IS/MND(peer review),Murrieta,CA—Project Manager • Los Alamos/1-215 Interchange Improvements CE/CE,Murrieta and Caltrans,CA—Project Manager • Wine Country Community Plan Program EIR,Temecula,CA—Project Manager • Doheny Desalination Project,South Coast Water District,CA—CEQA and Regulatory Permitting Task Manager • Montecito Desalination Program,Montecito Water District,CA—CEQA and Regulatory Permitting Task Manager City of Palm Springs I GMOC89021.19 23 Kimley>>>Horn .a a" Kari M. Cano Professional Credentials Environmental • Master of Arts,Political Science, California State University,Fullerton, Kari has over 14 years of experience in preparing and managing 200513achelor of Arts,Political environmental and planning studies for public and private sector clients, Science,California State University, under CEQA and NEPA.Kari comes to the field of planning/environmental Fullerton,2002 planning from a diverse background in urban development and political science.Utilizing her background and understanding of State and local policies,Kari provides CEQA compliance review and environmental documentation,in addition to research,analysis, and writing.She has worked on projects in the Counties of Los Angeles,Riverside,Ventura,San Diego,San Joaquin,and San Bernardino. Relevant Experience • On-Call for Environmental Planning Services,Fontana,CA—Project Manager • On-Call for Environmental Planning Services,Redlands,CA—Project Manager • On-Call for Environmental Planning Services,Menifee,CA—Project Manager • On-Call for Environmental Planning Services,County of San Bernardino,CA—Project Manager' • On-Call for Environmental Planning Services,Palm Springs,CA—Project Manager' • Tracy Hills Specific Plan EIR,Tracy,CA—Environmental Planner • Butterfield Specific Plan EIR,Banning,CA—Environmental Planner • Hacienda at Fairview Valley,Apple Valley,CA—Assistant Project Manager • Downtown Sierra Madre Specific Plan and Program EIR,Sierra Madre,CA—Contributing Planner • Adelina by William Lyon Homes EIR,Fontana,CA—Assistant Project Manager • Lytle Creek Apartments EIR,Fontana,CA—Assistant Project Manager • Grapevine at Sierra EIR,Fontana,CA—Assistant Project Manager • Ridgeline Commercial Development ISMND,San Bernardino,CA—Project Manager • Arrow Recovery Warehouse ISMND,Fontana,CA—Project Manager • Serena Park EIR Peer Review,Palm Springs,CA—Project Manager • Oasis Park IS/MND,Community of Oasis,CA—Project Manager • Oak Yew Estates EIR,Bradbury,CA—CEQA Task Manager • Deep Creek Homes EIR,San Bernardino County,CA—Project Manager • Bloomington Business Center EIR,San Bernardino County,CA—Project Manager • Western Realco EIR,San Bernardino County,CA—Project Manager • Earvin Magic Johnson Recreation Park Master Plan EIR,Los Angeles County,CA—CEQA Task Manager • San Sevaine Trail IS/MND,Fontana,CA—Project Manager 'Prior to joining Kimley-Horn Kimley»>Horn 24 GMOC89021.191 City of Palm Springs Dave Barquist, AICP Professional Credentials Public Outreach • Bachelor of Science,Urban and Regional Planning,California State Dave brings over 20 years of public and private sector planning experience, Polytechnic University,Pomona includingdowntown revitalization plans sustainabili g p ty policies.He brings to the • American Institute of Certified project a diverse range of skills,including policy analysis,policy development,and Planners(AICP)#136746 urban design.His experience includes projects involving comprehensive planning,local government • American Institute of Certified olic land use, arks and recreation planning,and rant writing.Most recently,he authored a Planners(AICP),Member p y' p g g� y' American Planning Association number of planning grants for local governments equating to approximately$3.5 million in grant • Amer Amer,Member awards.Successful grant awards were based upon the development of precursor policies through General Plans,Specific Plans,and Master Plans.Dave is also accomplished in providing community engagement to guide in the development of public policy.Dave has been an instructor and for California State Fullerton's Leadership Program for Public Agencies,teaching public agency staff on principals of communication and group facilitation.He has led hundreds of public meetings and is well-versed in finding locally-specific techniques and tools to engage the community in the planning process. Relevant Experience • Downtown/Old Town Indio Specific Plan Update and Community Outreach,Indio,CA—Project Manager • Rancho Los Amigos South Campus-Specific Plan,Downey,CA—Project Manager • Ramona Boulevard at Valley Boulevard Intersection Improvement Project,El Monte,CA—Project Planner • Active Transportation Program(ATP),Palmdale,CA—Project Manager • Scotts Valley General Plan,EIR,and Climate Action Plan,Scotts Valley,CA—Project Planner • Red Hill Corridor Specific Plan and EIR,Tustin,CA—Project Planner • Community Planning and Design Services(Community Planning for Cabazon,HWY.74,Winchester and Thousand Palms), Winchester,CA—Project Manage • New Electronic Message Center Sign Environmental Impact Report(EIR),Fountain Valley,CA—Project Planner • Western Riverside County Council of Governments(WRCOG)2016 On-Call,Riverside,CA—Project Planner • Whittier Boulevard Specific Plan Moratorium Analysis,Whittier,CA—Project Manager • Yorba Linda General Plan Update and Community Outreach and Parks and Recreation Master Plan,Yorba Linda,CA—Project Manager City of Palm Springs I GMOC89021.19 25 Kimley o Horn Michael Madsen, PLA, CLIA, ASLA Professional Credentials Landscape Architecture/Urban Design • Master of Landscape Architecture, Landscape Architecture,University Michael has more than 15 years of landscape architectural experience of Florida in master planning,streetscapes,site design,pool and amenity areas, • Bachelor of Science,Business and planting and irrigation design.His background includes coordinating Administration,Florida State multidisciplinary design projects involving landscape architecture,urban planning,architecture, University civil engineering,roadway design,and transportation. Michael has a passion for people spaces and • Professional Landscape Architect (PLA)in CA#5798,WA#1477,FL seeks opportunities for environmental education in his designs for the public and private realm.He #LA6666994,and British Columbia strives to use plant palettes that combine aesthetics with a sensitivity towards efficient water use #534 by pulling in native and adaptive species. • Certified Landscape Irrigation Auditor(CLIA)#92638 Relevant Experience • Council of Landscape Architectural • City of Anaheim,Gene Autry Way Improvements(1-5 to State College Blvd.)&State Registration Boards(CLARB) #21623 College Blvd.Improvements(West Side),Anaheim,CA—Landscape Architect • Caltrans 011,Voigt Drive/1-5 North Coast Corridor(NCC)Improvements(PS&E),San Diego,CA—Landscape Architect • City of El Centro,Martin Luther King Community-Oriented Skate Park(Sidewinder Skate Park),El Centro,CA—Landscape Architect. • City of Hollister,Water Reclamation Recreation Facility Design and Construction Support,Hollister,CA—Project Manager • City of Los Angeles,Bridge On-Call Program(North Spring Street and Laurel Canyon Tasks),Los Angeles,CA—Landscape Architect • City of National City,A Avenue Green Street(including Kimball Park),National City,CA—Landscape Architect • City of National City,Community Corridors,National City,CA—Landscape Architect • City of National City,Paradise Creek Educational Park,National City,CA—Landscape Architect • City of San Diego,Egger/South Bay Community Park ADA Improvements,San Diego,CA—Project Manager • City of San Diego,1-5/Genesee Avenue Interchange PA&ED,PS&E and Construction Phase Services(CPS),San Diego,CA— Landscape Architect • City of Thousand Oaks,Rancho Road Sidewalks and Bike Lanes,Thousand Oaks,CA—Landscape Architect • County of Riverside,l-215/Van Buren Blvd Interchange PA&ED and PS&E Phases,Riverside County,CA—Landscape Architect • Meridian Development,Millenia Park-Chula Vista,Chula Vista,CA—Landscape Architect • OCTA,Preliminary Engineering and Environmental Documentation for 17th Street Grade Separation Project,Orange County, CA—Landscape Architect • RCTD,1-10/Sunset Avenue Interchange Railroad Grade Separation PS&E,Banning,CA—Landscape Architect Kimley>»Horn 26 GMOC89021.191 City of Palm Springs SECTION = UNDERSTANDING CIVIL ENGINEERING DESIGN METHODOLOGY BA Proven Approach To On-Call Contracts Kimley-Horn provides on-call services to public agencies statewide and our staff is organized to address the needs of a wide range of projects—from focused planning studies to complete environmental documents.We know that being on-call means being available to promptly address agency requests as they arise.Our team understands how to work effectively and efficiently on smaller projects with limited scope and budget,and we can quickly compile an in-house team to meet the needs of any project. Our approach to on-call contracts is based on developing a team-oriented approach to the project review process.Key characteristics that distinguish Kimley-Horn include: • Rapid mobilization of staff for each agency request,including immediate identification of the key personnel and sub-consultants needed for each project.The availability of in-house environmental and engineering staff provides efficiency and consistent quality of the technical analyses. • Ongoing communication and consultation to address issues that arise during the project review process.The collaborative process maintains project progress and results in user-friendly planning documents and legally-defensible environmental documents. • Commitment of senior level management to the project to provide close coordination with the City of Palm Springs,to ensure technical accuracy,and to carefully monitor budget and schedule compliance. • Responsiveness to any significant issues of concern raised by responsible and regulatory agencies and the public. • Flexibility to tailor our approach to meet the specific needs of each project and client. We tailor each on-call task assignment's scope of services specifically to the needs of the individual project and the City.Our familiarity with local standards help us determine what will be necessary to assist the City with each task order.We will approach each project in the same diligent and comprehensive manner including: • Scope of work review and understanding • Innovative project designs • Data collection and review • Final design and report • Kick-off meeting • Public outreach or City council presentations(if required) • Site visit with City staff • Invoicing and budget management • Evaluation of existing conditions • Schedule management • Project evaluation and innovation • Quality Control/Quality Assurance(QC/QA) • Concept layouts and reports • Meeting agendas,minutes,and monthly status reports • Interim site walk and review concept layout of study findings • Closure • Response to comments Upon notice to proceed,the appropriate staff will be assigned by Frank to accomplish the task within the agreed upon timeframe.One of the advantages that our team provides is the ability to assign the right staff to each task.Frank can draw from a multitude of disciplines and resources to complete each assignment—whether the task is relatively minor,requiring only a few people in a single discipline,or a complicated task requiring numerous people and multiple disciplines.A task manager will be assigned to each task,and he/she will work closely with Frank to get the project completed on time and on schedule. On the following page we have included a Flow Chart for a typical project. City of Palm Springs I GMOC89021.19 27 Kimley>»Horn sy E � � E Contract Manager TYPICAL SERVICES WORKFLOW CHART Task Order A r,� ,�, and Site Visit and Review Conditions . ta Collection-INNIM-r Evaluation of Existing Manager =-Z Project . e .... � ,. PUBLIC PARTICIPATION ReportsConcept Layouts -0*< t Constraints a and lk Opportunities Construction Support Final Review& Design Reports Shareholder Presentation 65%PS&E Submittal NEkd �hareholcler Presentation Services Do Project Closeout B.Z Key Factors for Successful Project Delivery • Involvement in Project Development:For successful project delivery,it is critical that scopes are clearly defined to help ensure both the City of Palm Springs and Kimley-Horn's project manager have the same project understanding and expectations at the start of a project. We strive to be on the same page with the City project manager regarding expectations of work included in the project scope,including deliverables and schedule,before we submit our fee proposal. • Project Management Structure:The project manager is responsible for providing exceptional,proactive client service by maintaining overall control of the project delivery; managing the flow of information both internally to the project team and with the agency and key stakeholders; managing integration of our team members; maintaining adherence to budget and schedule; and being responsible for the quality control of final deliverables.Our project managers utilize a proven set of project control tools to proactively manage schedules, costs,resource needs,and minimize risks.The extensive management and design experience of our project managers will ensure that the Kimley-Horn team will be able to deliver the various types and sizes of projects likely to arise from this on-call contract. • Project Delivery Team Structure:Our project-specific teams are structured to meet the complexities of the project and requirements of the scope and schedule.As we have established on our other local projects,each of our projects has a dedicated core team who provide consistency from project initiation to closeout. In addition,we staff our projects from a pool of resources with specialty skills and technical abilities required by the project.Our position as a mid-sized firm contributes to our comfort with multi-disciplinary work.In larger firms, staff members might be expected to specialize in narrow discipline areas,while staff at smaller firms may not have experience required by large,multi-discipline projects. • Strong Relationships:The Kimley-Horn team has developed relationships and trust with key decision makers at CVAG,RCTD,RCTC, Caltrans,utility agencies and local agencies which allow us to effectively communicate and build a project consensus in a timely manner.In addition,we have long standing working relationships with our team members,and know how to work collaboratively as a team. Kimley)#Horn 28 GMOC89021.191 City of Palm Springs 7777 K • Budget,Scope,and Schedule Adherence:For each project,our project managers develop and execute a work plan which includes project scope,budget,and a schedule to help ensure that the overall delivery of the project remains consistent with the expectations of the agency and stakeholders.Our advance work planning and constant coordination with key stakeholders has allowed us to deliver projects in short time frames using innovative methods.For example,Kimley-Horn partnered with Caltrans and the County of Riverside to deliver the 1-1 0/Sunset Avenue Grade Separation environmental document in six months. • Project Ownership:Our project managers are successful because they are passionate about delivering key projects for their clients.Our people take pride in successful implementation and delivery. Project Controls Project controls are essential to the successful delivery of a project within schedule and budget.The Kimley-Horn team recognizes the importance of having a robust project controls system in place and currently utilizes a project controls process that incorporates contract level and project level elements required to manage and deliver projects in an effective and efficient manner. Contract Level Our Principal-in-Charge Mike Sutton,RE,will provide oversight and will be responsible and accountable for ensuring adequate resources are available to complete projects on time and within budget,in addition to planning for upcoming work. As such,Kimley-Horn has established a set of project control tools that our project manager utilizes to manage schedule,costs,resource needs,earned value,identify risks,and provide accurate billing in a manner that meets the City of Palm Springs requirements.The key tools include the following: • Resource Planning:A weekly,monthly,and six-month internal workload forecast system is utilized on a firm wide basis to forecast workloads,availability of staff,and identifies key resources required for successful project delivery.We have created a Master Resource Demands tool(spreadsheet),which gives us the ability to manage workload peaks and valleys and we take proactive steps to keep projects on track.Additionally,our project managers meet on a weekly basis to establish task lists for staff and ensure that staff resources are properly allocated for the upcoming week and project deliverables. • Document Control:We utilize a redundant document control system in which both hard and electronic copies of project deliverables and significant project communications are filed and tracked by project number and key words.Our streamlined electronic filing system includes records of meetings and data shared;documentation of design decisions;and data collected and/or provided by others,allowing us to quickly locate project records and respond to your requests in a timely fashion. • Schedule Monitoring:Our team utilizes a variety of tools to manage schedule adherence,as dictated by the requirements of each project.The various scheduling tools utilized by our team include Primavera and Microsoft Project,and provide our project managers effective tools for internally managing the project,allowing up-to-date project schedule information to be available to the County as requested. • Cost Estimating:We understand that cost estimates we provide will ultimately be used by the County and cooperating agencies to make important decisions regarding the expenditure of significant public tax dollars. The Kimley-Horn team has extensive experience estimating costs for public works transportation projects.To the extent possible,our estimates are based on unit prices taken from recent similar projects in the region,including costs contained in the Caltrans database.Additionally,our team's extensive involvement with current Southern California transportation projects,gives us access to numerous recent bids.We will also work with City staff to identify other recent projects that may have helpful,recent bid prices.For projects with unique items of construction for which no local recent bid can be identified,we turn to our nationwide experience to obtain either comparable bid prices(if possible),or informed professional opinions as to probable cost.Our confidence in the reliability of our cost estimates is based on a track record of proven success. We have been highly successful in obtaining project construction bids that are at or slightly below the Engineer's Estimate. City of Palm Springs I GMOC89021.19 29 Kimley o Horn Scope Control We have a three-part,proactive approach to managing and controlling project scopes. • Part One:Constant communication and coordination with the County project manager and key stakeholders from project initiation to closeout.Regular interface with the agency project managers is the best way to control scope and budget creep,limit project surprises and/or risks,and understand potential changes in the project needs.Project communication levels required for successful project delivery will vary depending on the size and scope of the project. • Part Two:Ensure that scopes are clearly defined and both the County and Kimley-Horn project managers have the same project understanding and expectations at the start of a project.Over the years,we have developed a solid understanding of the project process and have tailored our approach to project scopes and fees accordingly.A clearly defined scope and fee helps to ensure that expectations of both the agency and Kimley-Horn project managers can be met and projects can be delivered more efficiently. • Part Three:Regular monitoring and updating of a project work plan,which is created at the start of each project.The project work plan is tailored to the specific type and size of project,and includes basic information such as project scope,budget,and schedule as well as additional project specific items such as document control,QC/QA,risk management,staffing,and communication plans. We understand that each project,no matter the size or type,is important to the City and its constituents.Thus,we have established a robust project control plan with interfaces between the Contract and Project levels that function seamlessly.We are committed to continuing to refine our project control process as projects and needs evolve. KI C HORN QUALITY CONTROL IS Quality Control _ At Kimley-Horn,quality is essential to all phases of a project life-cycle,including inception,planning,design, '► construction,and operations.Kimley-Horn measures the success of our quality by the following metrics: • Client satisfaction ACHIEVED • Limited construction change orders Through coordination, o and • Construction costs near our engineers'opinion of costs technical direction • Project delivery within schedule and budget To achieve the above metrics,we actively implement our firm wide QC/QA policies and procedures on all of our projects. • Quality of Scope and Schedule:Quality starts with a mutual understanding of project goals and deliverables.Our team includes technical experts who provide senior-level review of the scope of work, budget,and schedule before they are presented to the client. • Quality of Planning and Preliminary Engineering:We listen and tailor our projects to the requirements f� of the end user.Where applicable,we coordinate closely with the ultimate user throughout the life of L—} the project.Our teams emphasize consensus building with the key project stakeholders early,to aid in development of the basis of the design.We utilize proven tools to help communicate and visually ` ; represent the end product,such as visual simulations,operational modeling software,material boards,and architectural renderings. • Design Quality:The true test of the quality of a design occurs during construction of the project.Anything missing from the design or ambiguity on the plans or in the specifications is found by the contractor.Our goal is to minimize construction changes through a thorough and complete QC/QA process prior,to,and a, during the design.Kimley-Horn's quality control starts with experienced,proficient professionals who know how to implement innovative,cost-saving ideas and employ project management practices that have proven to be successful.Key parts of quality control during the design process are field visits and site knowledge, understanding of regulatory and funding requirements,and technical knowledge. Kimley>»Horn 30 GMOC89021.191 City of Palm Springs i • Project Construction Bids:Kimley-Horn's quality control measures focus closely on construction estimates.Our team has extensive resources and recent experience that we combine with unit prices taken from recent similar projects to create our engineer's opinion of probable construction cost.The quality and accuracy of our estimates is the result of our early efforts to define basis of design assumptions and identify technical methods.Reviews by senior technical staff help ensure the quality of the estimate.We are proud of our success rate—our recently bid projects have consistently come in at or slightly below the engineer's estimate. • QC/QA Implementation:The QC/QA plan that Kimley-Horn and its team members will follow in the execution of services prepared under this contract is currently being utilized successfully on our other local public contracts and includes the following six key elements: ■ Structure:Each QC/QA plan includes a project manager(responsible for the overall quality of the project),technical managers (engineers responsible for discipline design development),and a QC/QA manager(responsible for verifying that the QC/QA plan is being implemented and followed). ■ Procedures:Intra-disciplinary checking of documents will be performed by a competent individual within each discipline other than the designer.We have established a color-coded comment process that involves the following steps:an initial check(performed by the checker);a review of comments to ensure that suggested changes to the documents are given adequate consideration and the resolution is documented(performed by the designer);a review that ensures changes to the documents are completed in the original documents(performed by the designer);and finally,a review that ensures changes to the documents are completed accurately (performed by the checker). ■ Inter-Disciplinary Reviews:Inter-disciplinary reviews and coordination are performed throughout the project and prior to key submittals,when senior staff from the various discipline groups are brought together to discuss and comments on the interaction of the overall project elements. ■ Quality Assurance Audit:The QC/QA manager will be responsible for conducting a quality assurance audit after completion of the checking and review process and prior to the submittal of any document or deliverable. ■ Deliverables and Document Control:The project manager will manage the submission of design documents after the QC/QA audit is complete and at milestone completion dates. ■ Corrective Action Measures:Corrective action measures will be taken if incorrect or nonconforming work is discovered in deliverable items that have already completed the QC/QA process. B.3 Our Project Management Approach Our project managers are held accountable for project delivery including quality,scope,budget,and schedule.As such,we have a set of project-specific tools in place that our project managers can utilize to manage schedule,costs,resource needs,earned value,and identify risks. • Budget and Expenditure Monitoring:Kimley-Horn has a Management Information System(MIS)that provides our contract and project managers with a set of project control tools to manage schedule,costs,earned value,and provide accurate billing in a manner that meets City of Palm Springs requirements.Project managers use our MIS to monitor the progress of projects on a bi-weekly basis.The MIS includes automated budget tracking to allow tighter fiscal control over all tasks,and helps task managers maintain control of schedule, budget,and expenses.Each project's work plan and specific details are entered into MIS,including expenses and labor—the system can then provide an up-to-date status report on each project twice a month.This monitoring capability helps project managers evaluate a project's workload requirements and develop effort estimates for each member of the team(and our entire firm).Additionally,Kimley-Horn utilizes daily electronic timesheets.This practice allows us to accurately track and bill our time;allows project managers the ability to check progress daily; and maintains compliance with federal auditing requirements set by Defense Contract Audit Agency(DCAA). • Earned Value:As part of the MIS system,Kimley-Horn has a'Cost to Complete'tool which is updated monthly to allow contract and project managers the ability to monitor earned value against project budget.Project managers are required to fill in their expected"Cost to Complete"on a mid-month basis,which provides an additional milestone for monitoring actual versus predicted expenditures. City of Palm Springs I GMOC89021.19 31 Kimley o Horn s • Schedule Monitoring:Our team utilizes a variety of tools to manage schedule adherence,as dictated by the requirements of each project.The various scheduling tools utilized by our team include Primavera and Microsoft Project,and provide our project managers effective tools for internally managing the project,allowing up-to-date project schedule information to be available to the County as requested. • Risk Management:At Kimley-Horn,we take steps to anticipate,understand,and have a plan to successfully manage project risks,which has been a key to our team's success.We employ a similar strategy to the Caltrans Project Risk Management Plan on our projects. • Effective Communication:Communication between our design team and the City is critical to thoroughly understanding your vision and implementing the innovative and cost-effective solutions that our team is known for.Effective communication begins with the Kimley-Horn team listening to the City of Palm Spring's ideas,concerns,and goals.Making certain that our team and your staff are on the same page throughout the course of the project will help avoid or mitigate potential problems or issues that may arise. In our experience,successful techniques include monthly progress development team meetings(PDT)and bi-weekly progress reports,regular conference calls to keep you abreast of critical issues,and ongoing electronic communications among all members of the project team,including e-mail and an internet ftp site dedicated to the project. • Responsive and Cost-Effective Solutions:Responsiveness is providing the client with information on short notice.It's promptly returning phone calls.It's meeting the client's needs.And it's where Kimley-Horn excels.We put our client's needs first.When you call, we will be there.We strongly believe that Kimley-Horn's continuing success rests on the strengths of its day-to-day management,vision for the firm,emphasis on quality,and responsiveness to you,our client.We have worked with multiple public agencies on their capital improvement projects,so we understand the importance of providing cost-effective solutions in the early stages of design. BA Kimley-Horn is providing engineering design services as a subconsultant for the replacement of North 1 st Avenue Bridge Overhead, a 1,160-foot-long bridge over the BNSF railroad classification yard in the City of Barstow,a desert environment.This project includes preparation of engineering design,bridge advance planning studies,environmental document,drainage analysis,traffic management plan, water quality studies,utility relocation coordination,right-of way acquisition,and value analysis study. Throughout the entire process Kimley-Horn exceeded the client's expectations and respond to the City's specific needs.In the planning phase of the project,while vetting alignment alternatives,special considerations were made to the concerns of the community.Preserving community landmarks and highlighting the railroad history was a priority for the City of Barstow.To do this Kimley-Horn aligned the road to avoid conflict with the Railroad Museum and one of the original Del Taco locations.To highlight the expansive railyard a scenic overlook was added to the bridge and a train mural was added to a large retaining wall.Kimley-Horn aided the City of Barstow in conveying these plans to the community by going to public meetings,preparing exhibits,and answering public questions. During the design of this project there were many constraints that required Kimley-Horn to be creative in our solutions.For example the downstream drainage system outside the project limits was undersized which meant we needed to plan for our drainage system backing up during a large rain event.We designed a redundant drainage system that would take excess water to a basin with a drywell so that the excess water would not pond in the street.Bioswales were removed from the initial drainage design because plants do not grow in the desert environment like Barstow.Sand buildup was also considered when designing the drainage systems. Stage construction was critical as the existing bridge was significant to the communities circulation and could not be shut down.To insure this we realigned the road so that the new bridge could be constructed while the existing bridge was still functional. Kimley>»Horn 32 GMOC89021.191 City of Palm Springs L.I A massive retaining wall ended up being a challenge because it had both cut and fill in the desert environment.This was due to existing building foundations cut into an existing rocky hillside where the proposed wall was located.For ease of construction one soil nail wall was chosen vs having multiple types of walls where the groundline varied from cut to fill to cut and so on.The soil nail choice also helped reduce the amount of excavation needed to construct the wall along the rock hillside compared to a typical cantilever wall with a footing. Because this project is funded through Highway Bridge Program(HBP),it is being processed through Caltrans District 8 Local Assistance and Structures Local Assistance. 13.5 Our planners and engineers are prepared for any challenge that may arise.Even the simplest of plans may encounter unexpected conditions or challenges—we will exhaust all options and think creatively to discover innovative and cost-effective solutions.Our proposed team includes planners,engineers,and environmental scientists with a wide variety of skillsets in order to overcome any challenge that may present itself. In addition,we have the resources of a national,full-service engineering and planning firm to provide a breadth of expertise capable of addressing any technical issues. Our experience has shown that there really is no such thing as"over-communication"between the client and the design team.We are committed to consistently communicating with the City's point of contact to address any concerns or issues early on and identify the necessary steps to remedy those issues.Frank Hoffmann,P.E.,will be responsible for overseeing the team's work products and processes. This includes review of all reports,plans,concepts,and analyses to identify any challenges or elements for improvement.Frank take pride in his responsiveness and dedication to meeting his clients'needs. 41 v / City of Palm Springs I GMOC89021.19 33 Kimley o Horn this page intentionally left blank f .r a,. SECTION REFERENCES AND EXPERIENCE WITH PROJECTS OF SIMILAR SIZE AND SCOPE CA Our clients know that with Kimley-Horn they experience better.They consistently tell us we deliver remarkable results and we're great people to work with—and we live for that.We are proud of our working relationships with our clients and much of our success over the last 52 years is directly related to our efforts to provide consistent,high quality,and timely services.As trusted advisors,our firm works diligently on behalf of our clients' needs. Although we are known as a traffic engineering firm,both locally and nationally,we have been providing a wide-range of civil engineering and roadway services to local cities and municipalities on projects just like this.We are more than just traffic engineering,and our clients agree. We have included references for some of the local cities we have recently completed projects with below.We encourage you to contact them regarding our team's work history and quality of service. 1.Bill Enos,City Engineer,City of Rancho Mirage,760,324.4511 2.Charmaine Yambao,Associate Civil Engineer,City of Agoura Hills,818,597.7360 3.Brad Merrell,City of Barstow,760.256.3537 C.Z Challenges and Solutions Kimley-Hom tailors our approach to the City's scope of work,the project's needs,and the City's expectations.From the beginning,we gain a thorough understanding of the City's objectives and review available information.We also visit the project site to understand issues and constraints.This enables us to develop a detailed scope of work that serves as a roadmap to successful project completion.It also minimizes the potential for unnecessary engineering and costly change orders. Typical Design Considerations Our experience executing on-call design tasks has resulted in our team's development of typical design considerations to help meet project goals and assure success.These design considerations will vary according to the specifics of the assigned task,but generally include the following: • Minimize impacts to businesses and residents • Maintain access and traffic flow during construction • Coordinate construction with nearby schools,hospitals,fire authority,and other services(garbage collection,etc.) • Identify and coordinate with affected utility companies early on • Identify and mitigate ADA deficiencies • Control project costs early in the process • Review existing roadway and traffic standards for potential upgrades or corrections Timely Execution In completing our scope of work,we will focus on the timely execution of our duties and follow the project from conception through construction.We will accomplish this through effective communication and use of our available and experienced staff.Our Project Manager, Frank Hoffmann,P.E.,will inform City staff of work status on a weekly basis through phone conversations,e-mail dialogue,formal project City of Palm Springs I GMOC89021.19 35 Kimley>»Horn 3 status reports,and regularly scheduled meetings.Our proposed staff were carefully selected for their experience and proven ability to work as a team.They are committed as the primary contributors to the work.If additional staff is needed to meet an aggressive deadline or assist in solving a specialized technical issue,we are prepared with more than ample resources in Cal fomia and firmwide. Effective Communication Communication between our design team and the City is critical to thoroughly understanding your vision and implementing the innovative and cost-effective solutions that our team is known for.Our previous experience has taught us adherence to demanding schedules and the importance of communication.Effective communication begins with listening to your ideas about,concerns regarding,and goals for each project.Making certain that our team and your staff are on the same page throughout the course of the project will help avoid or mitigate potential problems or issues that might arise. Representative Projects The following projects highlight just some of Kimley-Hour's recent experience providing civil engineering services to local agencies in the Coachella Valley,and Riverside County,including ongoing on-call contracts.We encourage you to contact our references in Section CA with regard to our performance,responsiveness,and capabilities. Design of Traffic Signal Interconnect Improvements (City Projects 13-305-014 and 13-308-015), Rancho Mirage, CA Kimley-Horn is supporting the City of Rancho Mirage to improve traffic operations for 40 intersections along Highway 111,Bob Hope Drive, Country Club Drive,Dinah Shore Drive,and Monterey Avenue.Kimley-Horn is designing plans to upgrade the traffic signal interconnect network and controller cabinet equipment which will enable the City to meet its goals of real-time traffic monitoring management.Kimley- Hom is also supporting the City of Rancho Mirage by implementing new traffic signal timing plans to improve traffic operations and safety throughout the day.The City of Rancho Mirage employs a complex timing system on the project corridors,with different timing plans throughout the day and along each corridor.To meet the City's goal of real-time traffic monitoring and performance measurement,Kimley-Horn will design for and implement CCTV at various intersections. Contact:Bill Enos,City Engineer,City of Rancho Mirage,760.324,4511 Project Budget:$285,931 Downtown/Old Town Indio Specific Plan Update and Community Outreach, Indio, CA Kimley-Horn prepared an update to the Downtown/Old Town Indio Specific Plan, which strategically replaced the outdated plan and provided a more flexible plan that emphasized a walkable mixed-use neighborhood that complements the"old town" characteristics of the area while embracing newer development,such as the College of the Desert Campus.Kimley-Horn led the update and community engagement effort with the goal of developing a plan that encourages and promotes economic development and revitalization while providing opportunities that will enhance the City's downtown image locally and regionally. Contact:Mariano Aguirre,City of Indio,760.391.4120 Project Budget:$220,054 Kimley>>>Horn 36 GMOC89021.191 City of Palm Springs Replacement of North I st Avenue Bridge, Barstow, CA Kimley-Horn(as a subconsultant)is providing civil engineering services for the replacement of North 1 st Avenue Bridge Overhead,an 88-year old 1,160-foot-long bridge over the BNSF railroad classification yard in the City of Barstow.This project is funded through Highway Bridge Program(HBP)and processed through Caltrans District 8 Local Assistance and Structures Local Assistance.The project includes preparation of preliminary engineering design,bridge advance planning studies,environmental document,drainage analysis,traffic management plan, water quality studies,utilities relocation coordination,right-of-way acquisition,and value analysis study.Ultimately,this project will realign North First Avenue from just south of White Road,over the BNSF Classification yard to Riverside Drive. Contact:Brad Merrell,City of Barstow,760.256.3537 Project Budget:$1,026,250 City of Agoura Hills, Agoura Road Widening Project (Complete Streets), Agoura Hills, CA Kimley-Horn provided road widening,streetscape design,and traffic engineering services for the Agoura Road Widening and Complete Streets project.The project was designed to facilitate increased traffic from the new developments, improve traffic flow and safety,and implement improvements consistent with the Agoura Village Specific Plan and the guidelines of the 2007 California Complete Street ,rr Act(AB 1358).The Agoura Road project scope of work included the preservation of native oak trees; use of benches,accent paving,and lighting over the length of the roadway to provide continuity and unity;and modifications to storm drains and debris basins to promote green standards such as sub-surface bio-retention and infiltration.The 2.2-mile project included the widening of Agoura Road from two to four lanes; construction of landscape medians,sidewalks,and dedicated bike lanes in both directions; a pedestrian-only bridge; and undergrounding of electrical power lines. Contact:Charmaine Yambao,Associate Civil Engineer,818.597.7360 Project Cost:$1,654,333 Van Buren Boulevard Widening, Riverside County, CA The Van Buren Boulevard improvement project consisted of preparing construction documents for the widening of Van Buren Boulevard from Opportunity Way(western limit of the 1-215Nan Buren Boulevard interchange improvements)to Barton Street(approximately 12,000 feet) in Riverside County.The construction documents packages consisted of street improvement plans,drainage plans,grading plans,stage construction and traffic handling plans,NPDES plans,traffic signing and striping plans,traffic signal plans,street lighting plans,landscaping plans,drainage study,and technical specifications.The street lighting plans for the proposed widening improvements were prepared in accordance with the County of Riverside standards. Contact:Jim Camp,Project Manager,949.885.8238 Project Cost:$216,600 City of Palm Springs I GMOC89021.19 37 Kimley>»Horn City of Calabasas, Mulholland Highway Scenic Corridor, Calabasas, CA Kimley-Horn is providing engineering and design services for the Mulholland Highway Scenic Corridor project.The project includes roadway improvements, hillside grading and retaining walls,pedestrian amenities,stormwater treatment/ drainage,roadway improvements,and median and parkway sections designed for future landscaping.The project's design is following the guidelines set forth in the Mulholland Highway Master Plan. The segment of Mulholland Highway includes more suburban and commercial uses between Paul Revere Drive and Mulholland Drive and is mostly found within the City of Calabasas jurisdiction,with a small segment in the City of Los Angeles. Contact:Marc Seferian,Senior Civil Engineer,Transportation/Transit Division,City of Calabasas,818.224.1688 Project Budget:$206,625 Genesee Widening (Mid-Coast Light Rail Transit project - 100% Final Design Phase, sub to WPS,San Diego, CA) Kimley-Horn is working as a subconsultant to Parsons Brinckerhoff for the Final Design of the Mid-Coast Light Rail Transit project.This landmark project extends existing Light Rail Transit service from the Old Town trolley station,north to University Town Center in San Diego. Kimley-Horn's responsibilities is the civil design of the widening and modification of Genesee Avenue from Campus Point Drive to Nobel Drive. The project included modifications of 2 major intersections.Design work was performed for roadway,drainage,utilities,lighting,erosion control,and intensive offsite improvements to mitigate project impacts to adjacent residential and commercial development.The approval of the offsite improvements subsequent right-of-way acquisition required extensive coordination with property owners,stakeholders,and the City of San Diego.The Final Design of this project is being fast-tracked to meet timelines established by local decision makers. Contact:Hadi Samii,WSP(Parsons Brinckerhoff),619.525.8361 Project Budget:$4,200,000 1-10 Bypass PLIED, Riverside, CA Kimley-Horn was selected by the Riverside County Transportation Department (RCTD)to provide preliminary engineering and environmental services(PA&ED) for the 1-10 Bypass to connect Hathaway Street to the Morongo Trail, in the City of Banning and within the immediate vicinity of Morongo Band of Mission Indians lands.With Riverside County being one of the highest growth areas in the country,the cities of Banning and Beaumont and neighboring communities have significantly increased travel to attractions in Cabazon as well as the desert communities to the east.When combined with interstate truck traffic and other regional traffic,the single 1-10 corridor through this area is more frequently operating near-or over-capacity.As such,an 1-10 bypass presents tremendous opportunity to the local stakeholders and regional users of the 1-10 Freeway through the Banning Pass. Contact:John Marcinek,Project Manager,County of Riverside,951.955,3727 Project Budget:$2,845,077 Kimley>>>Horn 38 GMOC89021.191 City of Palm Springs Western Riverside County Council of Governments (WRCOG) 2076 On-Call, Riverside, CA Kimley-Horn is working with WRCOG to provide as-needed on-call services.Kimley-Horn has been responsible for overseeing various task assignments supporting the Transportation Uniform Mitigation Fee(TUMF)Program.These tasks include writing a TUMF Reimbursement Manual,provided technical training to WRCOG staff,and provided an Implementation Plan for Bundy Canyon Road,a$30M major roadway corridor project.This has enabled Kimley-Horn to become familiar with TUMF funding guidelines,eligible reimbursement items,and strategies to reduce overall project cost and seek TUMF additional funding sources. WRCOG Contact:WRCOG,951.405.6700 1-1 0/Sunset Grade Separation, Riverside County, CA Kimley-Horn prepared the final design(PS&E)package for the proposed UPRR railroad grade separation project near 1-1 0/Sunset Avenue interchange in the City of Banning.The project required extensive coordination with the UPRR,CPUC,the WI _F,�W ,-W_ City,the County,and Caltrans.Kimley-Horn provided coordination services with ` x - the UPRR for the design and proposed construction activities within the right-of e" "° °�+ way including the construction phasing plans for track work,signal work,utilities, , civil,and structural work.In addition,Prior to the final design phase,Kimley-Horn completed CEQA/NEPA documentation for the project.This project has stayed within budget to date. Contact:Khalid Nasim,Project Development-Engineering Division Manager,County of Riverside,951.922.3130 Project Budget:$133,488 On-Call Traffic Engineering and Transportation Planning Review Services, Riverside County, CA Kimley-Horn performed traffic engineering and transportation planning review services on an as-needed basis.Assignments included review of site developments, providing traffic-related conditions of approval,technical review of striping plans, r III signal plans,and peer review of traffic impact studies,traffic signal design, roundabout design,and street light engineering services. M.��",,,,,. •�, ,� Contact:Khalid Nasim,Project Development-Engineering Division Manager, County of Riverside,951.922.3130 Project Budget:$581,905 On-Call Civil Engineering Professional Services, San Bernardino, CA The County of San Bernardino Special Districts Department(County)has selected Kimley-Horn to provide and design professional services for on-call engineering services as periodically required by the County.Typical services will include preparation/reviews of feasibility studies, preparation of engineering reports for use in soliciting project funding,plan check and reviews,design and engineering of maintenance projects,minor design or review of designs from other contracted consultants for Capital Improvements Projects,advise operations staff on operational procedures as related to engineering,attend meetings on the County's behalf,represent the County on Engineering issues,verify or perform in-place rate modeling and conduct department assessment engineering functions. Contact:County of San Bernardino,Engineering Department,888.818.8988 Project Budget:TBD City of Palm Springs I GMOC89021.19 39 Kimley)»Horn On-Call Five-Year Capital Improvement Program, National City, CA Kimley-Horn provided on-call civil,traffic,planning,and design services to the City of National City.Tasks included traffic signal design, preparation of grant applications and grant administration,plan review,final design of municipal roadway improvements including compete/ green streets improvements,traffic calming elements,reverse angle parking,curb bulb-outs,enhanced pedestrian crossings,signing and striping,and innovative bicycle and LID improvements.Other services included: the design of safe routes to school improvements;assistance with a Citywide wayfinding program;electrical and lighting improvements; architectural elements; landscape architecture and irrigation improvements;planning and final design for the City's Public Works Relocation including tenant improvements;vehicle fleet analysis;parking analysis; utility coordination and services;preliminary and final design of the Paradise Creek Restoration;and planning and conceptual design for three of the City's primary parks:Kimball Park,El Toyon Park,and Las Palmas Park.Many of these assignments have been large multi-disciplinary projects which require a high level of coordination with City staff and subconsultants.Many projects incorporated innovative elements such as the proposed upgrades to Kimball Park and the surrounding street network which included green street improvements,a skate park,restroom facility upgrades,renovation of the central park plaza, public art,parking lot improvements,landscaping,lighting,green bicycle boxes,bicycle detection,and security cameras.The Kimley-Horn team is responsible for overall project management,civil engineering,planning and conceptual design,environmental processing,water pollution control plans,hydrology/hydraulics report,water quality technical report,utility coordination,traffic engineering,electrical and communication system design,landscape architecture,grant writing,and grant administration.As a result of the successful delivery on task order assignments,National City was recognized by ITE San Diego Section as Public Agency of the Year in 2014 for its innovative approach to multimodal implementation. Contact:Steve Manganiello,City Engineer,City of National City,619.336.4382 Project Challenges:Many of the work assignments have been large and multidisciplinary,requiring a high level of coordination with City staff and subconsultants. Project Budget:$3,900,000 On-Call Pavement Rehabilitation, Pomona, CA Kimley-Horn was selected through the on-call agreement with the City of Pomona to provide street rehabilitation services for various streets within the City.The general scope of work was to evaluate the suitable pavement rehabilitation methodologies and select the methods that were most suitable for the City's budget.This project also included isolated concrete improvements including,sidewalk,curb and gutter, cross gutters,curb ramps,bus pads,and medians.The pavement rehabilitation methods that were evaluated were cold in-place recycling, conventional asphalt removal and replacement,and cold mill and overlay.Each method was evaluated with conventional asphalt and rubberized asphalt. Contact:Reza Zolghadr,Consultant Project Manager,City of Pomona,909.620.2238 Project Budget:$124,979 Kimley>>>Horn 40 GMOC89021.191 City of Palm Springs i i y SECTIONLOCAL EXPERTISE DEMONSTRATED ON THE TEAM DA Business License CITY OF INDIAN WEt�l,,,, The person,firm tx corporation named below is granted this certificate pursuant to the provis,ons of the City Bus€mess Tax Ordinance_4ssuanrL of cert.fica.e is not an endorsement,nor certification of compliance with other ordinances or taws,nor an assurance that the proposed use is in cornformance with!i e city zoning regulations.This ce,$ficate is issued without venfication that the taxpayer is subject to or exempt from licensing by the State of California Business Name: KiMLEY-HORN AND ASSOCIATES,INC. Business Type: 129 Business Location: 45-025 MANITOU DRIVE,SUITE 11 Description: Engineering Business License Number: CE-3766 Effective Date: May 22.2019 Expiration Date: December31,2019 KIMLEY-HORN AND ASSOCIATES, INC_ 4 421 FAYETTEVILLE ST,SUITE 600 RALEIGH,NC 27601 By-. City Manager or Designee TO BE PLACED IN A CONSPICUOUS PLACE NON-TRANSFERABLE d.Z Each of the staff members listed in Section A.4 have local experience working throughout Riverside County. City of Palm Springs I GMOC89021.19 41 Kimley»)Horn this page intentionally left blank ATTACHMENT "A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope#1)* REQUESTS FOR STATEMENTS OF QUALIFICATIONS (SOQ) #14-19 ON-CALL CIVIL ENGINEERING SERVICES SIGNATURE AUTHORIZATION NAME OF COMPANY(PROPOSER): Kimley-Horn and Associates.Inc. BUSINESS ADDRESS: 45-25 Manitou Drive,Suite 11,Indian Wells,CA 92210 TELEPHONE: 951-543-9868 CELL PHONE 818-970-2048 FAX N/A CONTACTPERSON Frank Hoffman EMAIL ADDRESS frank.hoffinanj4,)kimley-hom.com A. I hereby certify that I have the authority to submit this Submittal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my submittal. Jean B. Fares. P.E.. Sr. lice President PRINTED N ME AN 44Vt SIGNATU E AND DATE B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: An individual; A partnership, Partners' names: A company; X A corporation If a corporation, organized in the state of: NC 2. My tax identification number is. 56-0885615 Please check below IF your firm qualifies as a Local Business as defined in the SOQ: X A Local Business (licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this SOQ is required by including the acknowledgment with your submittal. Failure to acknowledge the Addenda issued may result in your submittal being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s)# 1 Dated 6/5/2019 is/are hereby acknowledged. Pace 14 of 48 F iness License CITY OF 1NDIAN WELLS erson,firm or corporation named below is granted this certificate pursuant to the provisions of the City Business Tax Ordinance.Issuance of certificate an endorsement,nor certification of compliance with other ordinances or laws,nor an assurance that the proposed use is in comfonmance with the city regula5ons-This certificate is Issued without verification that the taxpayer Is subject to or exempt from licensing by the State of Californiauess Name: KIMLEY-HORN AND ASSOCIATES,INC Business Type: 129 Business Location: 45-025 MANITOU DRIVE,SUITE 11 Description: Engineering Business License Number: CE-3766 Effective Date: May 22,2019 Expiration Date: December 31,2019 KIMLEY-HORN AND ASSOCIATES,INC 421 FAYETTEVILLE ST,SUITE 600 RALEIGH_NC 27601 By City Manager or Designee TO BE PLACED INA CONSPICUOUS PLACE NON-TRANSFERABLE ATTACHMENT "B" *THIS FORM MUST BE COMPLETED AND NOTARIZED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL(Envelope#1)* NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH SUBMITTAL STATE OF CALIFORNIA) ss COUNTY OF RIVERSIDE) The undersigned,being first duly sworn,deposes and says that he or she is Vice President of Kiniley-Horn and Associates. Inc.. the party making the foregoing Submittal. That the Submittal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Submittal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Submittal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Submittal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement,communication,or conference with anyone to fix the Submittal price of the Proposer or any other Proposer, or to fix any overhead,profit, or cost element of the Submittal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Submittal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Submittal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay,any fee to any corporation,partnership,company,association,organization,Submittal depository—or any othe nember or agent thereof to effectuate a collusive or sham Submittal. t )L. .—... Darren Adrian, P.E. Title: Vice President Subscribed and sworn to before me this, 101k day of 3 e 2019. Set rn.-4AeAi K04"-t'e� C"fn C.'o'=ke Page 15 of 48 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§8202 See Attached Document(Notary to cross out lines 1-6 below) 0 See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California Subscribed and sworn to (or affirmed) before me County of on this I0 day of SuAt 20 19 , by Date Month Year (1) 'LWr&l AJx1R.M (and (2) }, Name(s) of Signer(s) r EMMA SORTO 0 COMM.#2140476 proved to me on the basis of satisfactory evidence (�OfF (OW NOTARY PUBLIC-CALIFORNIAORANGE COUNTY 0 to be the personK who appeared before me. EXPIRES JAN.21,2020 Signature aux-� &;b�p Signature of Notary Public Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Non_ wtugl 6K Wsl�eyt 1�� i_ Document Date: I Number of Pages: Signer(s)Other Than Named Above: 02014 National Notary Association •www.Nationa[Notary.org • 1-800-US NOTARY(1-800-876-6827) Item #5910 ATTACHMENT "C" COST/RATES SUBMITTAL *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST/RATES SUBMITTAL (Envelope#2)* *If necessary,you may attach additional sheets. STATEMENT OF QUALIFICATIONS (SOQ #15-19) ON-CALL TRAFFIC ENGINEERING SERVICES Responding to Statement of Qualifications SOQ 15-19 for providing on-call Traffic Engineering Services, I/WE the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: PRIME CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: Analyst $ $103-$158 Professional $ $160-$200 Professional11 $ $203-$235 Sr. Professional 1 $ $239-$307 Sr. Professional II $ $308-$355 Project Support $ $72-$117 Sr. Project Support $ $131-$182 SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: See Attachments $ $ Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSES: Cost/Rate: Page 16 of 48 $ Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). OTHER EXPENSES: Cost/Rate: Other Direct Costs: Outside Printing/Reproduction, Delivery Services/USPS, Misc. Field Equipment/Supplies, Travel Expenses, and Subconsultant Costs will be billed at actual rate + 5%. Mileage will be billed at the current Federal Rate $ PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. NOTE: This page MUST be manually signed. Certified by: Kimley-Horn and Associates, Inc. Firm Name &0 �. SignafuP6 of Authorized Person Jean B. Fares,P.E. Printed Name Sr. Vice President Title June 11,2019 Date Page 17 of 48 ATTACHMENT "C" COST/RATES SUBMITTAL *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST/RATES SUBMITTAL (Envelope#2)* *If necessary, you may attach additional sheets. STATEMENT OF QUALIFICATIONS (SOQ#14-19) ON-CALL CIVIL ENGINEERING SERVICES Responding to Statement of Qualifications SOQ 14-19 for providing on-call Civil Engineering Services, INVE the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: PRIME CONSULTANT PERSONNEL CLASSIFICATIONITITLE: HOURLY RATE: SUB CONSULTANT PERSONNEL CLASSIFICATIONITITLE: HOURLY RATE: Survey Manager $ 187.00 Project Surveyor $ 167.00 Survey Analyst $ 144.00 Survey Technician $ 128.00 Two Man Survey Crew $ 294.00 One Man Survey Crew $ 192.00 is Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSES: Cost/Rate: IRS Mileage Reimbursement $ $0.58 per mile $ Page 16 of 48 $ $ $ $ Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). OTHER EXPENSES: Cost/Rate: $ PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. NOTE: This gage MUST be manually signed. Certified by: Guida Surveying Inc Firm Name Signature of Authorize erson Bernie Mclnally Printed Name Executive Vice President Title June 11, 2019 Date Page 17 of 48 I ATTACHMENT "C" COST/RATES SUBMITTAL *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST/RATES SUBMITTAL (Envelope#2)* *If necessary, you may attach additional sheets. STATEMENT OF QUALIFICATIONS (SOQ #14-19) ON-CALL CIVIL ENGINEERING SERVICES i Responding to Statement of Qualifications SOO 14-19 for providing on-call Civil Engineering Services, IANE the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: PRIME CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: - $ .-................... SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: Principal $ 221 Associate $ 203 Senior Staff Geologist/Engineer 149 GIS Specialist $ 126 CAD Operator $ 113 Project Administrator/Work Processor $ 72 Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSES: Cost/Rate: Is Page 16 of 48 i $ Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). OTHER EXPENSES: Cost/Rate: Leighton's Drilling Subcontractor $ 3,600/day Lei hton's Excavation Subcontractor $ 2,900/day Lei hton's Traffic Control Subcontractor $ 2,000/da Lei hton's Utility Location Subcontractor $ 2,000/day PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. NOTE: This page MUST be manual) i ned. Certified by: Leighton Consul Inc. Firm Name Signature of Authorized Person Thomas C. Benson, Jr., PE, GE Printed Name President and CEO Title 6/10/2019 Date Page 17 of 48 ATTACHMENT "C" COST/RATES SUBMITTAL *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST/RATES SUBMITTAL (Envelope#2)* *If necessary, you may attach additional sheets. STATEMENT OF QUALIFICATIONS (SOQ#14-19) ON-CALL CIVIL ENGINEERING SERVICES Responding to Statement of Qualifications SOQ 14-19 for providing on-call Civil Engineering Services, I/WE the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: PRIME CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: $ SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: Project Manager $ 175 Principal Right of Way Agent $ 115 Project Coordinator $ 75 $ Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSES: Cost/Rate: Copies $ 0.15 ea Mileage $ 0.58/mile (or current IRS allowable) Page 16 of 48 Postage/Fedex $ Cost Real Estate Data Services $ Cost + 15% Telephone/Fax $ Cost Sub-consultants $ Cost+ o Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). OTHER EXPENSES: Cost/Rate: $ PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. NOTE: This page MUST be manually signed. Certified by: Paragon Partners Ltd. Firm Name t�_ � � Signature of Authorized Person Neilia LaValle Printed Name President& CEO Title 6/5/2019 Date Page 17 of 48 ATTACHMENT "D" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope#1)* CITY OF PALM SPRINGS, CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. NAME OF CONSULTANTNENDOR: Kimley-Horn and Associates,Inc. NAME and TITLE of Authorized Representative: (Print) Jean B.Fares, P.E., Sr. Vice President Signature and Date of Authorized Representative: (Sign) 4. (Date) June It,2019 Page 18 of 48 ATTACHMENT "D" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope#1)* CITY OF PALM SPRINGS, CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. NAME OF CONSULTANTNENDOR: Guida Surveying Inc. NAME and TITLE of Authorized Representative: (Print) Bernie Mclnally Signature and Date of Authorized Representative: (Sign) (Date) June 11, 2019 Page 18 of 48 ATTACHMENT "D" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope#1)* CITY OF PALM SPRINGS, CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Covenant Against Discrimination In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship, and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. NAME OF CONS ULTANTNENDOR. Leighton Consulting, Inc. NAME and TITLE of Authorized Representative (Print) Thomas C. Benson, Jr., PE, GE I President and CEO Signature and Date of A horized Representative: (Sign) (Date) 6/7/2019 Page 18 of 48 ATTACHMENT "D" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope#1)* CITY OF PALM SPRINGS, CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. NAME OF CONSULTANT/VENDOR: Paragon Partners Ltd. NAME and TITLE of Authorized Representative: (Print) Neilia LaValle, President & CEO Signature, and Date of Authorized Representative: (Sign) ° ; (Date) 6/5/2019 Page 18 of 48 ATTACHMENT"E" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL pptM$4 (Envelope#1)* PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM �q<1Fo 1. Name of Entity Kimley-Horn and Associates,Inc. 2. Address of Entity(Principle Place of Business) 421 Fayetteville Street,Suite 600,Raleigh NC 27601 3. Local or California Address(if different than#2) 45-25 Manitou Drive,Suite 11,Indian Wells CA 92210 4. State where Entity is Registered with Secretary of State State of Californian If other than California, is the Entity also registered in California? Yes No 5. Type of Entity ®Corporation ❑Limited Liability Company ❑Partnership ❑Trust ❑Other(please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: if any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Steven E.Lefton ®Officer [N Director ❑Member ❑Manager [name] ❑General Partner ❑Limited Partner ®Other CEO,President John C.Atz ❑Officer ❑Director ❑Member ❑Manager [name] ❑General Partner ❑Limited Partner [X Other-Chairman Richard N.Cook ❑Officer ❑Director ❑Member ❑Manager [name] El General Partner Limited Partner Page 21 of 48 ®Other Sr.Vice President,Secretary 7. Owners/Investors with a 5%beneficial interest in the Applicant Entity or a related entity EXAMPLE JANE DOE 50%,ABC COMPANY, Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] A. Associates Group Services,Inc. 100%,Kimley-Horn and Associates,Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] B. 100%,Associates Group Services,Inc. APHC.Inc. APHC,Inc.has no owners/investors with 5% beneficial interest. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] D. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] E. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Disclosing Party, Printed Name, Title Date aLA 4 j J B.Fares,P.E.,Sr.Vice President June 11,2019 Page 22 of 48 OF P?lnt S 0 CITY OF PALM SPRINGS, CA STATEMENTS OF QUALIFICATIONS (SOQ) 14-19 ON-CALL CIVIL ENGINEERING SERVICES ADDENDUM NO. 1 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: Q 1: The City's Notice Inviting Statements of Qualifications indicates the need for general engineering services in the scope of work, but then indicates the need for engineering design services in the Submittal Contents sections. Would you please confirm whether engineering design services are the primary scope of the requested services? A 1: Please refer to the SOQ scope of work, design services are part of the desired services. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladders, C.P.M. Procurement & Contracting Manager DATE: June 5, 2019 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Kimley--Horn and Associates Inc Authorized Signature: 6 /` 44A t Date: June t t, 2019 J6dh B. Fares, P.E., Sr. Vice President Acknowledgment of Receipt of Addendum 1 is required by signing and including the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum may result in your submittal being deemed non-responsive. E Mle NOJV z. Not ARK a a . • � �:.. °' m \`�€ �fix., s. a m k w M Nkomo pan Frank Hoffmann, P.E. frank.hoffmann@kimiey-horn.com 760.424.2058 www.kimtey-horn.conmMU , y � p •@ lion vOl too < �• � < x is h T�„pv 3 Owl iw f \. l s+j& g ATTACHMENT "C" COST/RATES SUBMITTAL *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST/RATES SUBMITTAL (Envelope#2)* *If necessary, you may attach additional sheets. STATEMENT OF QUALIFICATIONS (SOQ#14-19) ON-CALL CIVIL ENGINEERING SERVICES Responding to Statement of Qualifications SOQ 14-19 for providing on-call Civil Engineering Services, I/WE the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: PRIME CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: Analyst $ $103-$158 Professional $ $160-$200 Professional11 $ $203-$235 Sr. Professional 1 $ $239-$307 Sr. Professional II $ $308-$355 Project Support $ $72-$117 Sr. Project Support $ $131-$182 SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSES: Cost/Rate: Page 16 of 48 Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). OTHER EXPENSES: Cost/Rate: Other Direct Costs: Outside Printing/Reproduction, Delivery Services/USPS, Misc. Field Equipment/Supplies, Travel Expenses, and Subconsultant Costs will be billed at actual rate + 5%. Mileage will be billed at the current Federal Rate $ PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. NOTE: This page MUST be manually signed. Certified by: Kimley-Horn and Associates, Inc. Firm Name a !l SignafLr4 of Authorized Person Jean B. Fares, P.E. Printed Name Sr. Vice President Title June 11,2019 Date Page 17 of 48 ATTACHMENT "C" COST/RATES SUBMITTAL *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST/RATES SUBMITTAL (Envelope#2)* *If necessary, you may attach additional sheets. STATEMENT OF QUALIFICATIONS (SOQ#14-19) ON-CALL CIVIL ENGINEERING SERVICES Responding to Statement of Qualifications SOQ 14-19 for providing on-call Civil Engineering Services, I/WE the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: PRIME CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: $ SUB CONSULTANT PERSONNEL CLASSIFICATIONITITLE: HOURLY RATE: Survey Manager $ 187.00 Project Surveyor $ 167.00 Survey Analyst $ 144.00 Survey Technician $ 128.00 Two Man Survey Crew $ 294.00 One Man Survey Crew $ 192.00 Is Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSES: Cost/Rate: IRS Mileage Reimbursement $ $0.58 per mile Page 16 of 48 $ $ Is Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). OTHER EXPENSES: Cost/Rate: PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. NOTE: This page MUST be manually signed. Certified by. Guida Surveying Inc -� Firm Name <' Sig na nature Authorize: erson Bernie Mclnally Printed Name Executive Vice President Title June 11, 2019 Date Page 17 of 48 ATTACHMENT "C" COST/RATES SUBMITTAL *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST/RATES SUBMITTAL (Envelope#2)* *If necessary, you may attach additional sheets. STATEMENT OF QUALIFICATIONS (SOQ #14-19) ON-CALL CIVIL ENGINEERING SERVICES z Responding to Statement of Qualifications SOQ 14-19 for providing on-call Civil Engineering Services, I/WE the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: PRIME CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: $ i $ 3 SUB CONSULTANT PERSONNEL CLASSIFICATIONITITLE: HOURLY RATE: Principal ' $ 221 ............._Associate $ 203 Senior Staff Geolo ist/En ineer $ 149 GIS Specialist $ 126 CAD Operator $ 113 Project AdministratorMork Processor $ 72 Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSES: Cost/Rate: $ Page 16 of 48 _..... ..... --........... -- — --- Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). OTHER EXPENSES: Cost/Rate: Leighton's Drilling Subcontractor $ 3,600/day Lei hton's Excavation Subcontractor $ 2,900/day Lei hton's Traffic Control Subcontractor $ 2,000/da Lei hton's Utility Location Subcontractor $ 2,000/day PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. NOTE: This page MUST be manuall i ned. Certified by: Leighton Consul Inc. Firm Name Signature of Authorized Person Thomas C. Benson. Jr., PE, GE Printed Name President and CEO Title 6/10/2019 Date Page 17 of 48 ATTACHMENT "C" COST/RATES SUBMITTAL *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST/RATES SUBMITTAL (Envelope#2)* *If necessary, you may attach additional sheets. STATEMENT OF QUALIFICATIONS (SOQ #14-19) ON-CALL CIVIL ENGINEERING SERVICES Responding to Statement of Qualifications SOQ 14-19 for providing on-call Civil Engineering Services, I/WE the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: PRIME CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: Project Manager $ 175 Principal Right of Way Agent $ 115 Project Coordinator $ 75 Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSES: Cost/Rate: Copies $ 0.15 ea Mileage $ 0.58/mile (or current IRS allowable) Page 16 of 48 Postage/Fedex $ Cost Real Estate Data Services $ Cost+ 15% Telephone/Fax $ Cost Sub-consultants $ Cost + o Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). OTHER EXPENSES: Cost/Rate: PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. NOTE: This page MUST be manually signed. Certified by: Paragon Partners Ltd. Firm Name r Signature of Authorized Person Neilia LaValle Printed Name President& CEO Title 6/5/2019 Date Page 17 of 48 EXHIBIT"E" SCHEDULE OF PERFORMANCE The services provided hereunder this Agreement shall occur on an as-needed"on-call"basis, pursuant to separate individual Task Orders or Purchase Orders. The City and Consultant shall agree on a schedule of performance for scopes of work on assigned projects. END OF EXHIBIT"E" City of Palm Springs Engineering Services Department 3200 East Tahquitz Canyon Way • Palm Springs, California 92262 Tel: (760) 323-8253 • Fax: (760) 322-8360 • Web: www.palmspringsca.gov October 4, 2023 Kimley-Horn and Associates, Inc. ATTN: Jean Fares, Vice President 45-025 Manitou Drive, Suite 11 Indian Wells, CA 92210 Re: Professional Services Agreement No. 8393 for On-Call Civil Engineering Services Dear Mr. Fares, The referenced agreement expired on October 31, 2022 and, in accordance with Section 3.4 of the Agreement, it may be extended at the discretion of the City Manager. This is to inform you that we wish to extend the Agreement for an additional year to October 31, 2024. This is the second of two (2) one-year extensions provided for in said agreement. If you have any questions or concerns regarding the extension of this agreement, please contact me at your earliest convenience. Sincerely, Joel Montalvo City Engineer Approved by: _________________________________ ______________________ _ Scott C. Stiles, City Manager Date Please sign below to agree to extending Agreement 8355 for one (1) year ending October 31, 2024. __________________________________ _____________________________ Kimley-Horn and Associates, Inc. Date DocuSign Envelope ID: 773566E0-D93D-4A35-B90A-7F7FD110FC0B 10/4/2023 10/4/2023