Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 109 of 2236 vlice power to the maximum lawful extent to collect fees for the pro rata share of the costs for the Reimbursable Improvements as detennined by the EBZ Study, including enactmen: of new ordinances if nccess1. ry. Reimbursement shall be from the Reimbursement Funds ; ind from no other source.
2. The total amount of the reimbursement obligation over the life of this Agreement shall be as determined in the f'::BZ Study.
3. City .. ,iall disburse reimbursements due to Developer under this Agrecme1lt c(' ini- c'\ nn11:; llv from the Reimbur.--£ ment Funds collr, cted from developers of Benefitting Properties as provided i!1 this Agreement. The ftrst reimbursement shall occur no later than 6 months following City' s formal acceptance of the lmprovements.
C. TornLQf.. R__Jllillb~ iggJ.!. Qn. City' s obligation under this Agreement, to reimburse Developer for the Facilities shat! contimie for a period of thirty ( 30) years from the date of the DA, unless the obligation is sooner satisfied by payment in full of all reimbursable amounts due and owing to Developer under this Agreement. After such tJ1irty- ycar period or pay. nent in full, whichever occurs first, the reimbursement process shall ce, 1.SC.
D. lli.d.LJ! lliL... CQntrnct! l.. Developer shall b_ e sol_ e_ ly __ re. sponsible for sec_ uring appropriate bids and awarding the contract for construction and installation of the Improvements in compliance with all applicable federal and state Jaws. Developer shall dGfend, i:'!demnify , ind hold City, its elected officials, officers, agents ; rnd employees free and harmless from any and all claims, actions or liability whatsoever, including attorney' s fees and court rosts, arising out of or in conne<..' tion with Developer' .' I construction of the Improvements.
B. lnmection. City shall hnve th~ right at all time.~ to inspect the construction of the Improvements to measure compliance with City plans and sr, e, clfications.
EXHIBIT " D") ( Page 3 of I0)
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Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 110 of 2236 F. lmlemnificatiQU; Ins!: fance,
l. Developer shall defend, indemnify and hold City, its elected officials, officers, employees and agents free z.nd ham1less from any and all liability from loss, damagt"., or injury to or death of persons or property in any manner arising out of or incident to Developer' s peifonnancc of this Agreement, including without limitation all consequential damages, attorney' s fees and court costs, resulting from the negligence. of Developer or Developer' s agents. 1l1is imk : mity shall extend to any claims arising because Developer has foi] r>d tn r1- nrx~- rlv secure any nccessar:/ casements, land rights, contracts, or approvals, but shall nor extend to any claims arising out cf the negligence of City,
2. Developer shall require all persons doing work on the Improvements, incl:. tdi: 1g their contractors and subcontrw:: tors, to obtain and maintain insurance of tbe types and in th1~ amounts described below in a fonn and with c; uTiers satisfactory to City, a. Olmnl~. rcia. L~ raLUahll.~~. Occurrence vc:- sion
commercial general liability insurance or equivalent fonn with a limit of not less than 1,000,000.00 each occurrence shall be maintained. If such insurance contains ;. general aggregate limit, it shall apply separately to thi.<: Agreement or be no k5S than two times the occurrence limit. Such insurance shall:
i. Name City, its electl', d officials, officers, empkiyees and agents as insureds with respect to pcrfonnancc of this Agreement. The coverage shall contain no special limitation~ on the scope of its protection afforded to the above- listed insureds. ii. Be primary with respect to any insurance or self insuranet programs covering City, its elected officials, officers, employees and agents. iii. Contain sU\. ndard separation of insureds provisions.
BXJllBIT " D") ( Page 4 of 10)
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Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 111 of 2236 b. B.usioess A11tomob. ik; Liability Insuran<&- Business automobile liability insurance or equivalent fonn with a limit of not less than $ 500, 000. 00 each accident shall be maintained. Such insurance shall include coverage for owne.d, hired and non-owned automobiles.
c. Ylw: kc! L ... ... C0.1ll!N.Dili1li. lliL1. P.1!!.! Jllli:~- Workers' compensation insurance with stal1: Wry limits and employers' li3.bility insurance with limits of not less than 1, 000, 000. 00 e-'. lch accidc . shall be maintiine< l. d.
Ql/ J.. crJUfil~.... R..GQ.!) jITJJJ. Y11ll• Developer shall:
i. Prior to taking any actions under this Agreement, furnish City with properly executed certificates of insurance which shall dearly evidence all insurance quired in this Sc:: tior. and provide that such insurance shall not be canceled, allowed to expire or bt.: materially rcducij'/ in c,overage except on forty- five ( 45) days' prior written notice to City. ii. Provide to City certified copies of endorsements, and policies if requested Oy City, and properly exe. cuted certificates of insurance evidencing the insurance req: • ired herein.
iii. Replace or require the replacement of certificates, policies nd endorsements for any insurance reriuired herein expiring prior to completion and acceptance of the Improvements.
iv. Require to be mruntained all :nsurancc required herein from the time of execution of this Agreement until the acceptance of the Improvements. v. Require the placement ofall insur: ince required herein with insurers licensed to do b~ 3iness in California.
EXHIBIT " D") (
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Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 112 of 2236 G. ~) fConstruction a.nd lnSDf& lion. Developer and its contractors and subcontractors shall not commence construction of any Improvements until Developer has received written authorization from City lo proceed. All work perfonmxl on the Improv0mcnts shall be done in . c-.ubstantial compliance with City- approved plans, specifications and contract documents and in a good and workmanlike manner. A!! work perfonned by Devc! o;x:r. its contractors and subcontractors to construct the Improvements shall be subject t0 inspection by City, and Developer ., hall 1-equire its employees, contractors and agents to comply with ri.ll mst1111... tiUib giv,.: n t:r r·,:1••: , 111riflf' constniction of the Improvements. All fees and costs to constrnct the Improvements 5hall be bontc solely by Developer, subject to reimbursement as provided herein. Inspection by City or its employees or agents shalJ not relieve Developer of liabilit_ v, if any, for design defects or improper or inadequate workmanship.
H. Compliance v<lth....A.m2illd1. bJ~L.Lal1!~~. Developer shall require that all work performed on the Improvements is perfonned in a manner which complies with all applicable federal, st.:.te, county and local govemme11t laws, regulations and rules, including all rule$ and regulations of City, as these rnies and regulations may be modified or changed from time to time,
I. ~ g_~. Developer is aware of the requirements of Califomia Labor Code Sections 1770 ct ~., which would require the p:1yment of prevailing waec rates and the perfonn: l:ice of other requirements if it wr;-; re determined that Developer' s contracts with its coutractor( s) to constmct the Improvements were a public works contract ;;. s defined in Sections 1720 and 1720.2 vf"the California Labor Code. The parties hereto agree, however, that: (;) to the maximum extent pcnnitte< l by law, Developer' s contracts with its subcontractors shaH not be di>emed ttpub\ic works contmctsn as defined in the Cdifomi~. Labor Code; and ( ii) none of EXH! Bl'!' " D'') ( Page 6 of I0)
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Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 113 of 2236 t/ JC panies hereto sr. aH take a position inconsistent witb the fo( egoing treatment of Developer' s contracts. Developer ag1ecs to hold City and its elected officials, officers, employees and agents hannless from any claim or liability including, without ! imitation, attorneys' fees and court costs, arising from r1ny failure or alleged failure to comply with thes. e provision,-; of the California L.. a! Jor Code.
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9JltffiC1Q. LJJs: t11::~. All work perfonncd on the Improvc! mcnt.~ shall b!~ donec only by contnctors JicenS(', d in th.: State of California and qualific: d to perform the type of work requi!\ YJ.
K. h, i;;;~. mK Upon completion of the Improvements lo the satisfaction of City, the ! mprovements shall be presented to the Indio City Council for dedication and 11 cceptnnce, and for authorization to file a Notice of Completion. City Council may accept the Improvements if it determines that the Improvements were constructed in accordance with the approved plans, specific. ations and contract documents, that they operate satisfactorily, and 1/rn.t all other requirements of this Agreement have been satisfied. Upon acceptance of the improvements, Developer shall assign to City all of Developer' s rights and remedies, including warranties, ;, s set forth in the approved contract documents, and thereafter City shall have the same recourse under said contract documents that City would have had if City itsdf had engaged De•. 1elopr; r's contractor to construct the Improvements.
L. Lia1illitY for Work PrioL1Q.. t.QilllaL. b&{ 1W. Hill~• Until City Council ha. s formally accepted the Improvements, Developer shall be solely resr> ensibie for all ciamage to the work caused by or arising out of Developer' s or its contractor' s or subcontractor' s negiigence and for all damages or injuries i::, any peroon or property at the work site caused by or arising out of EXHIBIT " D") (
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Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 114 of 2236 I"'''" or its contractor' s or subcontractor' s negligence, exec- pt damage or injury due to tile negUgcnce of City, its agents or (~mployccs.
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Guarnnll½<· Developer shall require its contractor( s) to provide one or more bonds, in form and content acceptzble to City, to guarantee ail work and materials fer the Improvements to \ Jc free from all defects doe to faulty materials or workmanship for a period of one ( 1) year after the date of fom1; il acceptance of the work by City.
N. ) 3g-£ Qcl.. J2. n1. Y{.)_ QJ;. S- Prior to acccpt: tnce of the lmprovcr-: 1cnts by City Council, Developer shall provide City w ,th three ( 3) copies of record drawings with certification by a licensed crlgwt; t.:> i11 liH.: ~ 111,.. nf f'a! ifomia as to accuracy and complctcncss. Developer'~; contractor( s) shall be solely responsible and liable for insuring the completeness ar. d accuracy of the record drawings.
Qw..nfrsbjJLQ. fJb.u.mJ2fC.. lY.~JD~· From and after acceptanc. e of the : ••• ;n-ovements 0 y rormal action of City Council. owner. ship of the Improvements shall he vested e,clusivtly in City.
P. 8wroval of ImproveJPenI ~- Upon (.',. omplct. ion and final acceptance of the Improvements by formal action of City Council, Developer shall, within thirty ( 30) days, provide City with an itemi,"' 1 bill showing all reasonable costs, includin~ an amount attributable to interest at the Bank of Ar.-: crica' s Reference Rate, incurred by Developer to design, constmct and install the Improvements. Such reasonable costs shall be limited to ccs'. S t.'l ~ iring necessary land and easements not currently owned by Developer, pennit fees, and costs directly and necessarily related to the design, construction and insta. Ilalioo oi the Improvements.
Developer agrees to provide City with bills evidencing costs incurred. Developer also agrees to provide City with any : ulditional information as to any items shown on the cost bill as
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Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 115 of 2236 tt% fl- lcstod by City to substantiate the costs. Poilowing completion of its analysis, City shall advise Developer, in writing, of any fees or costs shown on the cost bill which City will disallow and the reasons why these items arc being disallowed by City, Only those costs approved by City, in its reasonably cxcr-:: ised discretion, wil! be allowed for reimbursement in accordance with this Agreement.
Q. Nillk!<, Any notices requi· , J or desired to be sent pursuant to this A; r,reemcnt shall be addressed as follows:
City of Indio
P. 0. Box 1778
Indio, Califomi2 0?,202
Attn; ·:, v Mnnagcr
Pacific Indio Properties, Inc.
1875 Century Park East, Suite 1880
Los Angeles, California 90067
Attn: Mazen Habiby
R. tJmntlmM!- This Reimbursement Agreement may be amended by the parties hereto . . Snch ame. ndment or amendments sha! l not require an amendment to the DA.
S. ~_'..: LfttS, In the event any action is commenced to enforce or interpret any tenn or condition of this Agreement, in addition ta costs and any other relief, the prevailing party shall be entitled to reasonable altomey· s foes.
T. ~. ' This .\ grecment contains the entire agreement of the parties hereto with respect to the matters contained herein.
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bssigmnent. T11is Agreement shall not he assigw~ d witho~ 1t the written consent of the pz. rties hercto, and any assignment without such written consent shall be void and ineffective.
v. I.iJ: ne~. Time is of the essence of this Agreemc-. nt.
EXHIBIT " D") (
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Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 116 of 2236 ATfEST:
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Pacific Indio Properties, Inc.,
a California corporation
By:
Developer"
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 117 of 2236 Developer' s Property
All that certain reaJ property located in the City of Indio, County of Riverside, St.ate of California, descrilx-, d as follows:
PARCEL I:
WT 3 OF " TT! E COACHELLA LAND AND WATER COMPANY' S SUBDIV! SION, OF A PORTION OF SEC' I10N 15, TOWNSHIP j sourn, RANGE 7 EAST, SAN . BERNARDINO MERIDIAN," IN TT!E COACHELLA VALLEY STORM WATF. R DISTIUCT, COUNTY OF RIVERSIDE, STATE F CAIJFORNIA, AS PER MAP RECORDED IN MAP BOOK 6 PAGB 24 IN TIJE OFFJCE OF ' D1E COUNTY RECORDER OF SAID COUNTY; PARCEL l:
WT 4 OF " THE COACHELLA LAND AND WATER COMPANY' S SUBDIVISION OF A PORTION OF SECTION 15, TOWNSHIP 5 sourn, RANGE 7 EAST, SAN BERNARDINO MERIDIAN," ! NTHE COACHELLA VALLEY STORM WATER DISTRICT, COUNTY OF RIVERSIDE, STATE OF C/.JJFORNIA, AS PER MAP RECORDED IN MAP BOOK 6 PAGE 24 IN 11!11 OFFICE OF 'ffill COUNTY RECORDER OF SAID COUNTY; EXCEPT THAT PORTION DESCRIBED IN THE DEED TO THE STA TE OP CAJ. JFORNIA RECORDED MARCH 24, I969 AS INSTRUMENT NO 2800 OF OFFICIAL RECORDS; PARCEL 3:
HOSE POR' I10NS OF LOTS 5 AND 6 OF THE " THE COACHELLA LAND AND WATim COMPANY' S SUBDIVISION OF A PORTION OF SECTION 15, TOWNSHlP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MBruDIAN," IN THE COACHELLA VALLEY
STORM WATER DISTIUCT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN MAP BOOK 6 PAGE 24 IN THE OFFICE OF TIIB COUN1Y RECORDER OF SAID COUNTi LYING NORTIIBRLY OF THE NORTI! LINE OF THE LAND DESCRIBED IN THE DEED TO TIIE STATE OF CALIFORN .. ', ,< l'-,,CORDED MARCH 24, 1969 AS INSTRUMENT NO, 28000 OF OFF! OAL RECORDS; PARCEL 4:
THJl EAST 440,00 FEET OF THE NORTHWEST QUART"... R OF TilE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THJl COUNTY OF RIVERSIDE, STATE OP CALIFORNIA, ACCORDING TO TIIE OFFICIAL PLAT THEREOF;
EXCEPT TIJE NORTII 30.00 PEET;
EXl' llBIT " I") ( Page I of 3)
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Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 118 of 2236 AJV LAND IS INCLUDF, D WITHIN TI!B AREA SHOWN ON A MAP FILED IN BOOK 5, PAGB 34 OF RECORD OF SURVEYS, IN TI!E OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
PARCEL 5:
TI{ AT PORTION OF nrn NORTI! EAST QUARTER OF TIIE NORTI! EAST QUARTER OF SECTION 14, TOWNS! IlP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN TI!E COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT TilEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NOR, H UNE OF THE NORTHEAST QUARTER OF SAID SECTION, 1320 FEET EAST OF T1{ E NORTHWEST CORNER 11-IEREOF, SAID POINT ~ E.!NU IHB NuR11! G\f;T ('() JlNFR nr TIIAT CERTAJN PARCEL CONVEYED TO LONG BEACH TRUST AND SAVlNGS BANK BY DEED RHCU! WBD OCTODDl1 1,, 1921 IN BOOK 553 PAGE 187 OF DEEDS, RIVERSIDE COUNTY RECORDS; THENCE SOtIT! l, ALONG nm EAST LlNE OP SAID LAND 1320 FEET, TO TIIE SOtIT! l LINE OF TIU! NORTH HALF OF THE NOR111EAST QUARTER OP SAID SECTION; THENCE EAST ALONG SAID SOt! TH LlNE OF TI-IE NORTil HALF OF nm NORTI- IEAST QUARTER(), " A.JD SECTION, 44- 0 FEET, TO THE SOUTilWEST CORNER OF TilAT CERTAIN PARC"'" CONVEYED TO BAILEY ROSS BY DEED RECORDED IN BOOK 272 PAGE 107 OF DEEDS, RIVERSIDE COUNTY RECORDS; TIUlNCE NORTH, ALONG TilE WEST LINE OF SAID LAND, 6«J FEET, SAID POINT BEING 11ill SOUTHEAST CORNER OF TilAT CERTAIN LAND CONVEYED TO EVELYN L. GREEN BY DEED FILED FOR RECORD APRIL 18, 1938 AS ! NSTRUMENT NO, 1577; THENCE WEST, ALONG THE SOUTil LINE OF SAID LAND, 330 FEET TO TIIE SOUTI! WEST CORNER 11! EREOF; TI! ENCE NORTil , ON nm WEST LINE OF SAID LAND, 6« J FEJIT, TO TIIE NORTII LINE OF TIIE NORTHEAST QUARTER OF SAID SECTION; THENCE WEST, ALONG SAID NORTil LINE, 1lO FEET TO nm POINT OF BEGINNING; EXCEPTING TI!EREFROM 111B NORTil 30 FEET;
PARCEL 6:
THAT PORTION OF 11- lE SOUTH ONE- HALF OF TIIE NORTHEAST QUARTER OF SE.CHON 14, TOWNSHIP 5 SOtIT! l, RANGE 7 EAST, SAN BERNARDINO MERIDIAN IN THE COUNTY OF RIVERSIDE, STATE OP CAJJFORNIA, ACCORDING TO TilE OFFICIAL PLAT TilEREOF, LY1NG NORTI- lERLY OP THE NORTH LlNll OF 11-! E LAND DESCRIBED IN nm DEED TO THE STAT!: OF CALIFORNIA, RECORDED MARCH 24, 1969 AS INSTRUMENT ~: 0. 28002 OP OFFICIAL RECORDS;
EXCEPT TIIE NORTII 99.00 PBBT OP TI!E WEST 880.00 FEET. l!XllJBIT " l ") ( Page 2 of 3)
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Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 119 of 2236 pµtCfIL 7: pAJlCEL 2
OF PARCEL MAPS AS PER MAP RECORDED ! N BOOK IPAGE 58 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY; PARCF.
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AND 4 OP PARCEL MAPS, AS PPJl MAP RECORDED IN BOOK I, PAGE 58 OP
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, EXCEPT TIMT PORTIOI' AS CONDEMNED TO TI!E STATE OF CALlFORNIA BY FINAL ORDER OF CuNDEMNATION AS RECORDED JANUARY 8, 1970 AS INSTRUMENT NO. 1905, OFFICIAL RECORDS; PARCEL 9:
PARCEL I
OF PARCEL MAPS AS PER MAJ' RECORDED IN BOOK 2, PAGE 21 OF PARCF. L MAPS, IN THE OFFICE OP THE COUN'. IY RECORDL' R OP RIVERSIDE COUN1Y. llXHIBIT " I")
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Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 130 of 2236 Lyman” 51’(=~r~,/2_‘:>
AMENDMENT TO DEVELOPMENT AGREEMENT
ThisAmendment to DevelopmentAgreement (the “Amendment”)is made as of this 3rdday of September, 1997 by and between Paci?c Indio Properties, Inc, a California corporation (“PropertyOwner”) and the City of Indio, a municipalcorporationorganized and existing under the laws of the State of California (the “City”).
RECITALS
A. On or about November 27, 1991, Property Owner and City entered into a written Development Agreement 13—3(the “DA”) with respect to approximately two hundred forty~one (241) acres of land described on Exhibit “A” to the DA (the ”Real Property”).
B On or about March 19, 1997, the Property Owner and the City entered into a Memorandumof Understanding(the “MOU’Uin order to: (a) facilitate the development of the Real Propertyand the sale of approximately ?fty-four (54) acres thereof (the “RV Showcase Property") to RV ShowcaseProductions, Inc., a Nevada corporation (“RV Showcase”);and (b) recognize the change in the development climate since the execution of the Agreement; C. The implementation of theMOUwillrequiremodi?cation to: (i)TentativeTract Map No. 26585 (“TIM—26585");(ii) the City’sGeneral Plan; (iii) the conditionsfor previously approved Changeonone90-10~524(“Zone ChangeNo. 9040624"); and (iv) the DA1 D, On or about June 18, 1997, the City Council of lndio adopted the following resolutions: (1) Resolution No. 6098, which approved General Plan Amendment 97—4—13 (“ResolutionNo. 6098"); (ii) ResolutionNo 6099, which approved modi?cation to certain of the 7\LDB\R0027\001\Docs\FirstAmd.DA3. 1
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 131 of 2236 conditionsononeChangeNo. 90—10624(“ResolutionNo. 6099"); and (iii) ResolutionNo. 6100, whichapproved modi?cationsto certain of the conditions of TIM—26585(“Resolution No. 6100“).
B. By execution of this Amendment, Property Owner and City (collectively the “Parties”) desire to implement certain of the provisions of the MOU by amending the DA.
OPERATIVE PROVYSIONS
Now, therefore, the Parties agree as follows:
1‘ W.
Property Owner shallbearthecosts for any additions,updates, changes, amendments,special studiesor replacements to the Environmean Impact Report No, 901 (the “EIR”). The City shall includeProperty Owner in the preparationof the Request for Quali?cations,Scope of Services, and choiceof the Consultants to be awarded each contract. Each contract shall include a clause which limitsthe expenditures to a not-to~exceedamount agreed.in writing by Property Owner. The City shall have full edit control of the screencheckdraft of any changes to the EIR.
2. Extensionof Tenn of DA.
The term of the DA is hereby extendedfor an additionalfive (5) years. Accordingly,-theterm of the DA shall be for a periodoftwenty (20) years from the EffectiveDate (as suchterm is de?ned in the DA).
qa. Public Improvements. Facilities and Services.
Q The DA andZoneChangeN0. 90-15-524,are modi?ed by ResolutionNo. 6099and "HM-26585 as modi?ed byResolutionNo. 6100are hereby amended,as necessary and appropriate, to provide that the costs incurred by the Property Owner, or its successor in interest, to improve Avenue 42 shall be reimbursedby the City substantially in the manner provided hereinbelow. 7\LDB\R0027\001\DOCS\Fir$tAmd.DA3. 2
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 132 of 2236 Q The off—siteimprovements on Avenue 42 adjacent to Phases 5, 4, 1, 2, 6 and 7 as shown on the Phasing Map attachedhereto as Exhibit “A” and incorporatedherein (the “Phasing Map”)shall commence on a date to be determined by the Property Owner in its sole and absolute discretion.
,1; The Property Owner shall, at such time as the same may, in the opinion of Property Owner, be requiredto facilitate development of the Real Property, improvethe south one—half(V2) of Avenue 42 between the western boundary of “Phase 7" and the easterlyboundary of “Phase 5" (the “Avenue 42 Improvement”)as depicted on the map attached as Exhibit “C” to the MOU and incorporated herein (the “Avenue 42 Map”).
3,4 In orderto facilitatethe Avenue 42 Improvement,the City agrees to: (a) set aside, in a manner mutually acceptable to City and Property Owner, an amount equal to twentye?ve percent (25%) of the “Project Sales Tax” (as de?ned below)for an initialperiod often (10) years afterthe date upon whichthe deed fromPropertyOwner to RV Showcase for the RV Showcase Property is recorded in the Of?cial Records of the Riverside County Recorder (collectively the “Available Project Sales Tax”); and (b) pay to Property Owner,from time to time, as and when agreedby the City and Property Owner, but in no event lessthan semi—annually,that amount which is equal toone hundredpercent (100%) ofthe AvailableProject Sales Tax, to reimburseProperty Owner for:(i) the actual cost incurredby PropertyOwner to complete the Avenue 42 Improvements; and (ii) interest accruedon amounts actuallyexpended by Property Owner for such Improvements from the date of each expenditure untilpaid at the rate of seven percent (7%)per annum, compounded monthly. As used herein, the term “ProjectSalesTax” shallmean salestax receivedby the City from businesses now or hereafter locatedon land within an area boundedby Jackson Street on the east, Avenue 42 7\LDB\R0027\00imocsmrsmmdb/u 3
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 133 of 2236 on the north, the western border of Phase 7 on the west, and Interstate 10 on the south (“Sales Tax Area”).
Q In the event that, upon expiration of the ten (10) year period referred to above, Property Ownerhasnot then been fully reimbursed for such amounts plus accrued interest, the ten (10) year period shall be extended an additionalten (10) years and Property Owner shall continue to be reimbursedby the City until the earlier of: (a) the date upon which Property Owner has been fully reimbursed as provided herein; or (b) the expiration of such second ten (10) year period.
Property Owner’sright to reimbursementhereundershall, expireconcurrently with the expiration of such second ten (10) year period.
Q The Parties agree that the PropertyOwner shall not bear the costs for the installation of the of?site improvementson Jackson street and the necessary street transition (collectively the ”Jackson Street Improvements”),it being the intentionof the Parties that the costs of the Jackson Street Improvementsshallbe allocatedto otherspursuant to the City’sDevelopmentAgreement with RV Showcase or any other developer/user withrespect to the RV Showcase Property. _3._7_ The Parties agree that the fair—sharefee for the traf?c signals which are the subject to Condition 30MUM—26585shall be paid byRV Showcase or any other developer/userof theRV Showcase Property.
1.3 TheJackson Street Improvementsshall commence on the earlierof: (a)the date upon which the installationof the on-site improvementson the RV Showcase Property commences;or (b) the dateupon whichPropertyOwner,or itssuccessor—in—interest, commences signi?cant commercial developmenton the Real Property.
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4. Notice.
All noticesunder the DA and this Amendmentshall be in writing and shall be delivered by personalserviceor by certi?ed or registered mail, postage prepaid, return receipt requested, of the parties. Any written notice to any of the Partiesrequired or permitted hereundershall be deemed to have been duly given on the date of service if served personally or if served by facsimile transmission(with confirmation of receipt), or seventy-two (72) hours after mailing, Rejection or refusalto accept or the inability to deliver becauseof changed addressof whichno notice was given as provided hereundershall be deemed to be receipt of the notice, demand,or request sent. Notices to the Parties shall be addressed as follows:
City:
With copiesto:
Property Owner:
With a copy to:
Each party shallprovide the other party with telephoneand written notice of any change of address as soon as practicable.
7\LDB\ROOZ7\OOl\Docs\FirstAmd.DA3.
Allyn Waggle, City Manager
City of Indio
100 Civic Center Mall
Indio, CA 92201
Law Of?ces of R. Zaiden Corporation
A Law Corporation
850 East ChapmanAvenue, Suite “C”
Orange, CA 92866
Paci?c Indio Properties,Inc.
c/o Mazen Habiby
18359Coast Line Drive
Malibu, CA 90265
Frank J. Delany, Esq.
Carney & Delany, LLP
3801 University Avenue, Suite 650
Riverside, CA 92501
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 135 of 2236 S. Amendments.
This Amendmentmay be amended at any time but only by a written amendment signed by the Parties hereto.
6. interpretation
The provisions of this Amendmentshall not be construed in favor of or against either party but shall be construed as if both Parties prepared this Amendment.
7. - Effective Date.
This Amendment shall become effective as of the 3rd day of September, 1997.
8. Severability.
8._l Property Owner agrees to bear all risk of any challenge to the provisions of Sections
3.1 through 3.5 hereof (collectivelythe “FinancingProvisions”). If any one or more of the Financing Provisionsof this Amendment are prohibited, unenforceableor not authorized in any jurisdiction, or to any particular extent, or in any particular circumstances,or as to any particular person or entity, such provision shall be deemed unenforceableand stricken from the Amendment only as to such jurisdiction,such event , such circumstances,and/or such person or entity, without invalidatingthe remainingprovisions of this Amendmentor affecting the validity, enforceabilityor legality. of the remainderof this Amendment or affectingthe validity, enforceabilityor legality of the stricken or unenforceable provision in any other jurisdiction, other event, other circumstances,or as to any other person or entity. It is the intention of the parties that this Amendment and each provision herein shall constitute a binding and legally enforceableagreement, in the event: (a) a court of competent jurisdiction; or (b) the Attorney General of the State of California,the Fair Political Practices Commission of the State of California, or another State governmental agency with jurisdiction over the City, shall for any reason determine that one or more of the Financing 7\LDB\R0027\00 l\Docs\FirstAmd.D/\3. 6
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 136 of 2236 Provisions or any otherprovisionof this Amendmentshallbe stricken or unenforceableas described above, then in that event, the parties agree to forthwith bargain in good faith for the purpose of reformingor other or otherwise amendingthe Amendment so as to obtain, for Property Owner, the bene?t of Property Owner’s bargainwith the City as evidenced by the FinancingProvisionsand the other provisions of this Amendment, it being understood that, absent such City support as set forth herein, Property Owner will not be able to develop the Real Property or to consummate the sale of the RV Showcase Property to RV Showcase.
Q» If the Financing Provisions of thisAmendment are challenged by any person or entity, Property Owner shall indemnify, hold harmless and defend the City against any such challenge with attorneys reasonably acceptable to the City. Property Owner’s duties under this Section 8. l are in addition to and not exclusive of those duties under Section 16of the DA. iii In the event of any dispute or disagreement between the parties hereto as to the validity, construction,or the enforceabilityof the FinancingProvisions or any otherprovisionof this Amendmentwhich cannot be resolved by the good faith bargaining as providedin Section 8.1above, and mindful of the high cost of litigation, not only in dollarsbut time and energy as well, the parties intend to and do hereby establisha quick, ?nal and binding out-of-couztdispute resolutionprocedure to be followedin the unlikelyevent any controversy shouldarise out of or concerning the provisions of this Amendment. Accordingly, the parties do hereby covenant and agree as follows:
(i) Any controversy, dispute, or claim of whatever nature arising out of, in connection with, or in relationto the interpretation,performance or breach of this Amendment, includingany claimbased on contract, tort, or statute, shall be settled, at the request of any party to this Amendment through a two~step disputeresolutionprocess administeredby Judicial Arbitration & MediationServices,Inc. (J.A_M.S.)involving?rst mediationbefore a retiredjudge or justice from 7\LDB\ROO27\OOI\Docs\FirstAmd.DA3, 7
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 137 of 2236 the J.A.M.S. panel followed, if necessary, by ?nal and binding arbitration conducted at a location determinedby the arbitratorin San Bernardino,California administeredby and in accordance with the then existing Rules of Practice and Procedure of Judicial Arbitration& Mediation Services (J.A.M.S.), andjudgment upon any award rendered by the arbitrator(s)may be entered by any state or federal court having jurisdiction thereof.
(ii) The provisionsof CaliforniaCode of Civil ProceduresSection 1283.05 or its successor section(s)are incorporatedin and made a part of this Amendment. Depositionsmay be taken and discovery may be obtainedin any arbitrationunderthis Amendmentin accordance with such section(s).
(iii) The arbitratorshall determinewhich isthe prevailing party and shall include in the award that party’s reasonable attorney fees and costs. (iv) As soon as practicable after selectionof the arbitrator, the arbitrator or such arbitrator’s designated representative shall determinea reasonableestimate of anticipated fees and costs of the arbitrator,and render a statement to each party setting forth that party’s pro rata share of such fees and costs. Thereafter each party shall, within ten (10) days of receipt of such statement, depositsuch sum with the arbitrator. Failure of any party to make such a depositshall result in a forfeitureby the non—depositingparty of the right of prosecute or defend the claim which is the subject of the arbitration,but shall not otherwiseserve to abate,stay or suspend the arbitration proceedings.
M Theprovisionsof this Section 8.1 and 8.2 shall not limit,require the postponement of, or in any otherway preclude the exercise of any right or remediesotherwiseenjoyed by any party to this Amendment under the provisions hereof.
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9. Effectivenessof the DA Zone Change Noi 90-10-524and TTM—26585.
Except as set forth in thisAmendment, all of the provisionsof the DA, Zone Change No. 90~ 10—524,as amendedby ResolutionNo. 6099,andTTM~26585,as amended by Resolution No 6100, shall remain unchanged and in full force and effect.
CITY OF TNDIO PACIFIC INDIO PROPERTIES, INC,
AMunicipal Corporation A California Corpor ' n. Wm\WW By:
Mazen Habiby
Its: )MA 3g [3 Its: Vice President
“CITY” “PROI’ERTY OWNER”
ATT EST:
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PHASING MAP
FOR REAL PROPERTY
TENTATWE TRACT NC}.26585
Wig
PHASE'4' 4%:
EXHIBIT "A" TO AMENDMENTTO DEVELOPMENTAGREEMENT (Pagclofl)
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 140 of 2236
ATTACHMENT D
Settlement and Mutual Release Agreement
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 141 of 2236
SETTLEMENT AND MUTUAL RELEASE AGREEMENT
This Settlement and Mutual Release Agi'icemmt (the "Agreement“,l is made aztd entered mmas ot‘tliis day of July, 2007 by and bethccn (i) WN lNDlO LLC 2:50‘ 460 NORTH 1 MDRIVELLC bo1l1 (,1: riomia limited liability compamus,and “’EIN'l"ILAUB lINANClAL SERVlCES, l\‘(, a California corporation (in the aggregate: “\l‘cinmub”), (ii) the CITY OF lNDlO, :1 California Municipal Cummxion and the REDEVELOPMENT AGENCY OF THE CITY OF INDIO, a public body, corporate and politic of the Siatc of California (collectively, the "City"), and (iii) LEONARD H. LUNDIN, di’b/aLUNDB‘ JEVELOPME‘ '1‘COMPAN ; LMZ, INC, :1 ‘ ifumia corporation, and ALJACKS REYAILPAR' ‘ 8, LP, a California limited partnursliip (in 1lic aggregate, “Lundin”). Wuiiitmu'u, l, ndin 21ndCity arc liereinnller collectively referenced as club“Parties,“ and sometimes altci‘itativcly referenced as a “Party-3'
RECITALS
A. 011 or about Nm-cmbcr 17, 2006 W'intmub tiled that certain “\fliRlFl'Fl') Pl}:llllON lOR \VRll OI MA\DAT]:‘ A\D COMPL" ‘
violtitiun oi the California Environmental Quality Act (“CL lX“) Subdivision Map Act, and Calimmia Community Rcdttvclopnicnt 1:lsm, 211213 initiating Riverside County Superior Court case number
lingzition"). the Litigation alleges, among other tln
improptrly 011 November 1, 2006 2'11approving Real Party ‘ lutercst Lundin‘s various land use entitlements and an agrcamem with Lunrliii related in a proposal retail commcrcial development project to be located West of Jackson Street betwcm Interstate 10 and Avenue 42. This project previdcs for construction by Lundin or his successor in interest of a shopping tar approz- natuly three hundred and scvunty ?ve thousand (375:000) square far, n size, including but not limited to a 1 w" r department storm covering twenty-eight (28) acres (131C ”Showcase Project”):
’
r' 11nd Lumiin have. vigorously camestcrl Wraint1‘zurb’sall tuitionand cuntimic to do so.
(1 In addition to the CEQALitigation, on January )1: 2007, Wcintrarib initimad a second lawsuit against the City alleging City’s violation of 1211:Put. c Rcwrds Act, ?ling a second “\‘ElUFIBD PE'l'lTlON FOR WRIT OlT MANDATE ANT) (IIOMPLAINT . . .” in Riverside County Superior Court case number INC 0611159 ‘ “PKA Litigation"). In the aggregate, the CRQA litigation and the FHA _4tir)r1are referenced herein as the “Litigation”
all matters in dispute between them including txptrss 3, but without limitation, any actual or potential dispute arising from or related 11') tit-3 Litigation
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 142 of 2236 Er
H.
Furthermore, the Parties have agreed to reach a comprehensive and conclusive settlement of all (if their differences with, grievances about and claims against each other, To that end, the Parties have agreed to execute this Agreement and thither agreed upon va?nus temis and conditions related to other litigation pending between Weintraub and Ltmdin (the “Weintranb/Lundin Dispute").
The Weintmnb/LnnclinDisputerelates to the following facts:
3 a portion of the Showcase Project site is subject to those certain Covenant; Conditions & Restrictions recorded in the.Official Records 01‘ Riverside County Recorder ns Instrument Nu 2002421122 on July '31, 2002 (the “C(It‘inRs");
b, Weintraub owns approximately 16‘) acres oflantl south oi‘Avenne 4?. on the east and west side of Monzoe Sheet, identi?ed by Riverside County Assessor’s Parcel Numbers 6i0-OZI)~ 7? 2, 6l(l~02tl«010»0, (”04320021— 0, 610-080-0294, 6l0~08()»032‘6, 6i0~080~tl31~5, also subject to the CC&RS (the “Vt-'einttnubSite"); and
e. Weintraub has assencd authority pursuant to the CCSLRSthat Litmlin contends has imp. ted Ltmdiu‘s development of the Showcase Project, and Lundin has challenged this exercise ofziuthority,
Weinlt'anh has stilnnilztztl an application to the C. j {Cit land use entitlements; supporting Ll retail commercial project on the Weintmu'b Site (the “Weintrzntb Project"). The portion of the Weintraub Project ll) be located on the west side of Monroe Street shall be referenced herein as the “Mannie West Project." 'lht:
ponion rifthe Wclntraul) Protestm be located on the east tide of Monroe Street shall be referenced herein as the “Monroe hast Project.“ The Wclntrzlul) Site and other real property owned by Weintmtib is subject to that cenain Development Agreement between the City of Indie and PM lniiio Properties, lne. recorded in the Of?cial Records of Riverside County Recorder as Instrument No. 047277 on February ll, 199.7,,as amended by that certain unrecorded Amencirnmxtto Development Agreement, dated September 3, 299‘? (“Development Agreement“), that expires twenty (20) years from the “El active Date," as that term is de?ned in the Development Agreement, On August 15, 2007‘ the City‘s City Council and the Board of its Redevelopment Agency voted unanimously to authorize and direct the City ; Innagtr ecutive Director and the City AttaimeyllAgency Counsel to take any and all appropriate and necessary actions to achim‘c the dismissal of the Litigation, concurrent with resolution of the Weinlrtiub-lLuttdinDispute in a manner that will insure the implementation of the Showcase Project.
SETTLEN ‘
'TA; 1) Ml
l’r’;V/I:dtri Li.(‘ (-5 a] r
‘Al.i{lj '\
('13! i}:
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 143 of 2236 I. City’s Planning Commission agenda for Wednesday, August 8, 2007 includes consideration ofa land use entitlement related to the Weinn‘a‘ulal’t‘ojcct.
NOW, THEREFORE, for good and valuable consideration, including but not limited to the mutual promises herein contained, the receipt and adequacy of which are hereby acknowledged, each of the Parties.hereto agrees as follows:
1‘ MUTUAL GENERAL ‘uVAl‘VlZRANT) RFl ST.
Effective upon the ”Closing Date," as that term is de?ned in section 3i below, each of the Pnrties, on behalf of" itscli‘, and each of its respective members, ass :itites, predecessor's. Successors, assigns, parents, subsidiaries, alter egos, and af?liates, ii‘ any (and each of their respcelive present and femur of?cers, employees, independent contractors, directors, shareholders, partners, agents, attorneys, insurers, accountants, heirs, and successors and assigns, if (my) (collectively, “Related Entities and Representatives") herchv fully and forever waives and releases 2m}! and till rights, claims, suits, rights of administrative action or appeal, chose in action, and causes of action (it every nature whatsoever (“Actinntsjl”) that it has or may have aminrt any other Patty arising from, or related in any way to the» Litigation (collectively, the elettsed Claittts”). [inch of the Part on behalf of itself and each of its respective Related Entities and Representatives, hereby discharges ranchand all of the others from titty and all Released Claims. Each of the Patties, on hehalt‘ot‘itseli‘and each oi‘its respective Related Entities and Representatives, covenants not to threaten, bring, continent: * 'nitinte, institute, l'tlc, join, maintain, prosecute, support, (it threaten any 2\ctititt(s) base in whole or part upon any of the Released Claims, except as necassawto enforce this Agreement and the obligations set forth herein. Each of the ’tirties understands and agrees that this Agreement may be pled as it full and complete ttel‘ett and bar to, and may he used as the basis to dismiss with prejudice or enjoin, any Action(s’) hosed in whole or in part upon a Released Claim.
7., CALIFORNLA CIVIL CODE SEC'J'ION 1542.
Effective upon the "Closing Date," (is that term is de?ned in se tiott 3i below, 0.. the Parties hits “it“: and has otherwise been inibm'ted (tithe meaning of Section 15 - the C‘ziliitmtiaCivil Code, and has consulted with its respective counsel, to the extent that (my was desired, and understands the provisions of Section 1542, Each of the Parties hereby expressly waives the rights and bene?ts conferred upon it by the provisions of Section 1542 ot'tttc California Civil Code, which provides:
TLEtV
o LLC
NT \‘D ,V'fll’l
”In I
it in“.
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 144 of 2236 “A generalrelease does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of execu‘ing the release, which if known by him or her must have materially affected his or h ‘set‘ Ementwith the debtor.”
(a
(
City Initials Weintraub Initials
141171875133 talsmw
3. CONSIDERATION.
Each of the Parties hereby provides its general waiver and release as re?ected in Sections I and 2 above as consideration to the others for entry into this Agreement. As additional considerationfor entry into this Agreement, the Parties agree to the following:
a.
CI
Constructionof OlilSite Improvements: The City agrees to timely construct, at its sole cost and expense, all of?site infrastructure improvements (“Improvements”) necessary to support the development of the Monroe East Project and the Monroe West Project. Such Improvements are speci?ed in EXHIBIT A. Further, a construetion/performance schedule as to City’s commencement and completion ofthc Improvements acceptable to the Parties is set forth in EXHIBIT B. Finally, the general location and nature of the Improvements are graphically reflected in EXHIBIT C Each of these three (3) exhibits is attached hereto and incorporatedherein by this reference.
Movie 'I‘heater. The City shall use best efforts to encourage the development and operationof a movie theater as part of the Monroe West Project.
Staff Recommendation as to Amendment to Development Agreement amt Flanning Commission Approval. Weintraub and the City agree that City staff will, within one hundred and eighty (180) days of the “Closing Date” as that term is defined below in Section 3i, recommend that the City Council approve an amendment to the Development Agreement extending by ten (IO) years its twenty (20) year tenn, only insofar as that term relates to the Development Agreemcnt’s provisions addressing allowable land use and density. Weintraub and the City further agree that City staff will recommend that the Planning Commission approve the land use entitlement underlying the Weintraul) Project at the public hearing currently scheduled to take place on Wednesday, August 8, 2007. The Parties understand and agree that this Agreement does not have the legal capacity to bind any City hearing body considering a discretionary approval related to the Weintranb Project in the future.
SETTLEM ENT AN D MUTUAL RELISASE AGRlil'iMENT
li/N India LLC 2/ al. v, City qflndio e! (11. ~ NC 063108 and INC 064159
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 145 of 2236 1 ‘ City Initials
“A general release does not cxtcnd to claims which th: CICdIiUfdocs not knnw or suspect to exist in his or her favor 2n the time of executing thu minim-c.which if lmown by him or itcl' must have materiallyztffcutm'll '. or her settlement with the debtor."
Ltindm ann 2: CONS lDEXM'I'ION.
liach of “it: l’nnics hereby provides it.» genera! waiver and release as re?ected in Sections l and 2 abovr: as consideration to the others for entry into this Agreement. As additional cnnsidemtion for entry into this Agreement, the Panic
b.
rrcc sothe fisllowing:
(In) itc ln?vrovcrmmts: Tilt; City algrucs to timely construct, at its .sole cast and expense, all off-site infrastructure improvcmcnts (“Improvements") necessary to support (in: development of the Monroe East Project and the Menu»: West Project. Such Improvements are spur: led in EXHIBY'I‘ it. Further, a constructiorifpei'forrmncc schedule as; to Citv‘s commencement and completion of the improvements; acceptable to the Panties 13 set forth in EXHIBIT B. Finally. the. general location and nature of the l)71[)r0\/t'ntt:nts are graphically reflected in EXlilt‘ttT C. .acli ol‘thc ‘ tltl’cc [3) exhilaits is attached harem and incorporated lmrnin by this reference. w it: 'l’liuritcr. l‘ltc City shall use best efforts to cucmimnu the development and operation oin movie theater as part ofthc Monroe \‘vcst Puncct.
Staff Bgcomrggndntipn as to A?tmdmcnt tn Duvcltmmglt Asyccmcnt and Planning COIUT'US 512p}: Weintmul) and the City ngrcc that City stall" will, within one hundred and :3 guy (180) days oftlie “Closing Date" as that term is de?ned below in Section 3i, rccommcnd that the City Council approve an amendment to the Dcvclopmcnt Agrucmunt extending; by ten ( )0) years its twenty (20) yuar term, only insofar as that tcnn relates to the Dzvulnpmcnt .-'\3;rccmunt’s provisions addressing alltiwablc land use and density. Wcintrauli and the City further agree that City staff will recommend that the Planning Commission approvc thy~ land use entitlement underlying tin: Wcimrnnb Project at tlic public lican‘n Murrcntly scheduled to take plzrcc‘onWednesday, August 8. 2007. The Parties tmdurnmnd and agrcc thnt this Agrccmsm does not have the legal capacity to bind any City hisaring body considering :1 discretionary approval related in the Weintraub Project in the future.
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 146 of 2236 .. tutor; in consideration of the City‘s agreement to
construct the Improvements nd encourage the development of the movie theater pursuant to this Agreement, Weinttaub shall cause its counsel of record in the Litigation to immediately execute a Request for Dismissal of the CEQA Litigation, with prejudice, dismi "mg; that lawsuit in its entirety, with the exception of Count Four (4) thereof, undressed by Section 3.l<helow (It “Request for Dismissal”) upon the earlier of (1')?ve (5) business days after the (late that (A) the applicable Statute of limitations mm as to any potential CEQA—boscti challenge, by petition to a court of competent jurisdiction, to the City‘s approval, if any, of the Weintraub Project; or (B) the applicable appeal period expires as to any potential appeal to the Cit) Council of any City Planning Commit on approval ofthe Weinttanb Project (in either instance, a “Challenge? (ii) DVD (2,) business days After the (late that the applicable statute of limitations runs it the City notifies Weintt'ziub that it has not been servrxl with a summons and complaint, 2: notice of intent to File a summons and complaint, or a document commencing an appeal to the City Council as to a City Planning Commission approval ol’ the Weintraub Project, as to any Challenge: or (iii) one (1) business day after the date that a court of competent jurisdiction has entered a ?nal non appealnble judgment with tcspeet to that Challenge, Weinttaub shall ?le a fully executed copy of the Requu for Dismissal in " throw," as that term is defined below in Section 3.i, at or beiorc the close oilnr'n s on the “l" ectttiott Date" as that term is defined below in Section 1-1. I ept HS otherwise specifically set forth below in Section 3g of this Agreemeuh the Parties understand and agree that if a Challenge to the Weinlmttb Project is ?led by any person or entity, this Agreement and performance hereunder shall be suspended (an event described herein as a “Suspensimt”) pending cmtry of a ?nal non—nppeulz‘ihle judgment with respect to that Challenge In the event that a Challenge is ?led and 3 Suspension takes place. this Agreement shall remain in full force and effect by and between the Parties pending the entry by a court of competent jurisdiction of :1 ?nal nonappenlahle judgment with respect to that Challenge. Further, in the event that a Challenge in the form of an appeal to the City Council as to any City Planning Commission approval ol‘thc Weintraub Project takes place, and the patty or entity" initiating such appeal fails to llle a petition presenting its allonge to at court of competent jurisdiction within the time specified by the appl ble stzttn ‘ of limitatimis, the Suspension based upon that Challenge shall L‘Ol :lnile “V. business days after the (late that the applicable ‘tztlute of limitations runs.
Non--lint_‘_q_t't‘e_rnettt of Judgment in?PRALit ration. Weintrnuh shall not enforce or seek to enforce what it views as a default Judgment against the (City in lltc PRA litigation, Weintmub shail deposit in “Escrow,“ as thztt term is de?ned below in Section 3J1, on or before the “Execution Date" as that term is de?ned below in Section l4, it declaration uttdtrpcnztlty ofpetjuty consistent with this Section 3t— ll 1“» \‘l AND MU'I'UAL REL
WA"India Li.
.E Mill."
(IL v. City v/Imiiew m2v 063W? a
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 147 of 2236 lL
ymm Aprnoglgithc Showcase Projcc ; Effective upon the Closing Date as that term is de?ned below in Section 1i, Wcintraub covenants to exercise its authority pursuant to the CC&R$ and cause the “Development Committee" of the “Master Association" existing under the CC&R5 to unconditionally approve the Showcase Project as approved by the City (the “Development Committee Approval"). At or before the close ofbttsinoss on “Execution Date" as thnt mm is de?ned below in Section 14, Weintraub covenants to deposit any and all documentsnecessary to site-(Imam the Development Committee Approval in “Escrow,” as that term is de?ned below in Section 3i Weinn'zmh further covenants that in the event that Lundin requires a modi?cation of the Showcase Project acceptable to the City (a “Showcase Modi?cation"), that, upon Lundin's request, it shall take any and all future action and execute any required documents necessary to insure that Lundin Secures the Development Committee‘s ands'or Master A ‘ociation‘s approval of ‘neh a Showcase Mt‘sclilicationwithin ?ve (5) business days of Weint‘rauh‘sreceipt of notice that the (3in has approved the same.
EVeintmLtlg?CumtntetiorLQgspireChalleim: lnmmvementsm Proceethitlt Sprintzinn Dismi an] & Devglgpmem C(mtmittec Approval Notwithstanding any Suspension or any other provision of this Agreement, in the event that Weinlrauh or its succes. r in interest elects to proceed, to any degree or extent, with either the Monroe 1 Project or the Monroe W '1 Project ( , tiles an Application for the issuance of a City permit) pending re zlution of ;4 Clnllenge, the following obligations shall spring into effect: (1) the 3' shall remain obligated to construct the Improvements as set forth in section 3n above; (ii) ‘1. row”, as that term is de?ned in Section 3i below, shrillfile, on \«l’cintrttuh’s behalfancl at Weintraub‘s cost: the Request for Dismissal with the Clerk of the Riverside County Superior Court; (iii) ifnot previously done, crow" as that term ts de?ned in Section 3i shall release to Aljitoks the “Development Committee Approval" and the approval ot’anv“Showcase Modi?cation" as those;- temts are de?ned in Section lfabove, cm of th_e_We' traub/Lu tin Dig A condition precedent to this neunent becoming effective by and between the Parties shall be the execution at a settlement agreement settling all claims and counterclaims arising from or related to the Weinti‘auh/lntndin Dispute”
l _Qt_v The Parties agree that all documents, beyond this Agreement ltseli' winch shall have been cchulCt’i on the F caution Date. necessary to effectuate this. Agreement (“Documents“) shall he executed by Lunrlin‘s and \N’einn-auh‘s only authorized representatives at or before the close. of business on lhe “Bxeetztion Date” n5 thnt term is defined below in Section 1-?and that City shall on the satin: on the Effective Date. All Documents executed by Lundin iuiil Weintrnnh shall be deposited in escrow at First American ’l‘itlc(ifompany, loot Ct] at 44801 Village Court, Suite B, Palm Desert:CA 07.260 (“Escrow”), at or before the close oi‘busin as on the “Execution Date" as that term is defined below in Section 24, All Documents executed by the (Luv shall be: deposited in Escrow ‘ ‘TTl ' ‘ AMY) MUl‘lJAL l’ W.\’Ind L1,!" 5/ . v. (Citynj’lirrli‘n('i‘ a} « I AGR
063 f0}? and 06‘1159
:ztgc 501' 26
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 148 of 2236 ti.
within one (1) business day of the Effective Date, liscmw shall be icsponsiblc to implement this Agrccmcnt and may incorpomw same in “standard” instructions to he executed by all Parties within ten (l0) business days of the Effective Date Except with respect to documents filed with a court or utilized by Escrow in order to implement the Development Committee Approval or a Show ’XSCModi?cation as provided in Section 34;, if any, the close of Escrow (“Closing Date”) shall occur as follow .
M lgigL; (1’)On the date that is [we (5) business days
after the date that an applicable statute of limitations has run as to any Challenge to the City’s approval, it" any, of the Weintrauh Project, or(i1') two (2) business days after the date that an applicable statute of limitations has Rm if the City noti?es Weintmub that it has not been served with a
sun‘tmons and complaint, :1 notice of intent to ?le a summons and complainu or it document commencing, an appeal as to any Challenge; 0r
A.
B. Challg?g; 0n the date that is one (1) business day alter thc date that a court of competent jurisdiction has entered a ?nal non~anpealablejudgment with respect to that Challenge.
C. Challengg??tpgglkV C ut‘t /\‘ ' 1;. In the event that a patty or entity initiates l t in the form of em appeal
as to a City Planning, Commission approval of the ‘vVClJlln‘tUlJ Project but fails to ?le it petition in a cunt”: of compctcnt jurisdiction within the applicable show: of limitations art to the Challenge in qucstion, on the date that is ?vc (5) business days after the date that said statute of limitations has run :5 said Challenge,
Post (Slosin_g-_l')atc(Ihnllenge_t,o_MIME?“ 1339319111 tApgmv'tLQLlLeinty‘gh Project. in the event that a person or entity ?les a lawsuit in a court ofcompctcnt jurisdiction, to the extent that Such a lawsuit challenges a City limil use entitlement approval of the Weintt'aub Project and is tiled during the period commencing on the date after the Closing Date and concluding on the ninetieth (00“) day after the li-t‘fective Date (an “Entitlement Challcngu”), City shall ho responstble to reimburse Weintraub for the cost of legal sewices required to defend against that Entitlement Challenge, payable to an attorney ot"Wcituraulo‘s choosing but in an amount not to exceed the hourly rate that the City pays to ita logal counsel for the port‘omtanceofstich legal SBTVlCCH. l) wgfwgg‘u?twfl of CEt'lA ligation ‘Ql?tl ‘11;ny ln furthcr con idemtion of the City’s agreement to construct the Improvements and encourage the development of the movie theater pursuant to this Agrccmcnt, Weitttraub shall cause its counsel of record in tho Litinatiun - to immutliatuly M SD EMF
il’N India LLL
\l'r AND MUTUAL RELEASE AL EM» "
oat alt 'uu City oflmtm u! (1!. ~~ LN: MHz/A and /.\C 0.714;59
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 149 of 2236
4. execute a Request for Dismissal of Count Your (4) of the FQA litigation on Weintraub’s behalf and at Weint‘raub’s cost of the (Ii; )A Litigation, with prejudice,dismissing that single count of the lawsuit (a “Request for Count Your Dismissal") upon the ninetyL?rst(91") day after the lit‘ftxztiveDate (the “Count four Dismissal Date”), Weintrauh shall ?le a fully ex ted copy of the Request for Count Four Dismissal in a second escrow with Escrow Holder Ztl or before the close ofbttsiness on the “Execution Date" 218that term is de?ned below in Section t4. Escrow shall be responsible to implement this Agreement as it relates to this Request for Count Your Dismissaland may incomoratethis Agreement) including this Section 3.k in “standard" instructions to be executed by all Parties within ten (10) business days of the Effective Date. Unless this Agreement is subject to n Suspension as of the Count Four Dismissal Date, Escrow Holder shall ?le the Request for Count Four Dismissal with the court ot‘cnmnetcntjurisdiction on that date.
W
lmmtav; Apart
from Veintmu ' . (ppmval that advance the public
health, safety and welfare, Lag. drainage, ?re, water, police, name,«1:2,. the City shall not condition its approval of the Weintmub Project‘s development. or other development on the Weinrraub Site (in the aggregate “Weintmub Developrncm“), upon conditions at" nppt'oval or mitigation measures nnt. reqtiimd in connection with City‘s approval of the Development Agreement. Nnt‘ shall the City require, witheut agreement by Weintmub or its successor in intercsh additional enviromriemal review pursuant to the requirements of ( )A for any proposed Weinrmuh l)eveloprncnt project that conforms with the use and density restrictions set forth in the Development Agreement. Nothing in this Section 3i m‘ elsewhere in this Agreement shall be relied upon or interpreted to relieve Weintraub of his obligation to comply with applicable State law (3.33.,the Subdivtsinn Map Act) or with the Code ot‘lndio (tag, the requirement for Di ' yr:
Review).
MUFUAI,. ACCEPTANCEOF RELFASES.
liueh individual Party nclzrinwletlges and accepts the.release ofench zmdall oi'the other Parties as provided nhove in Section 1 and .7.and the. consideration received, if any, as speci?ed abnvc in Section 3, in full compromixe, settlement, and sausfactiOn(if and as the sole consideration for the release given and the cmsidet‘ation provided by that individual Party.
IN ‘ltiiRA’l‘lON,MODIFICA’l'lON.
The Parties acknowledge that this Agreement is siivnetl and executed without reliance upon any actual or implied prom warranties Ul' representationsmade by any of the Parties or by any TCpl’C. native ol'atry ()ftlte Parties, other than those which are expressly contained within this Agreement.
SE'HIE MEli'l‘
it"h'lndr'oLLC orul 2’.
7) Mlll'UAl "i
:y oflmiz'ue!
IE\SEZAGREEMENT
NC 0113I 05' and INC 5‘64I59
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 150 of 2236 h. This Agreement, including the true turd correct Recitals above, inclusive of all de?nitions contained therein, that are incorporated by reference herein as operative covenants and speci?cally relied upon by the Parties in executing this Agreement, constitutes the entire agreement and understanding arming and between the Parties,
This Agreement stincrsedesall prior and contenipmtmeous agreements, untlemtandings, terms, conditions, and representations, written or oral, with the sole exception of those reflected in the legal settlement of the Weinti'nttb/‘LtindinDispute, made by the Parties hereto or their attorneys, concerning the matters covered by this Agreement
ti. This Agreement cannot be modi?ed or changed except by written instrument signed by all ot'the Parties.
6. Sli’l'l'lJiMliN'l‘, NO ADMISSION RY PAR’I'IES
liaclt of the Parties acknowledges that this Agreement retailer to the avoidance of litigatitui and the preclusion of Actions based in whole or in part upon any Re ‘etl (Illaimt's). The Parties, therefore, agree that this Agreement is not in be treated or construed, at any time Dr in any manner whatsoever, as an admission by either Party that any of the allegations in the Litigation. or any actual or potential Relettted Claimts), has any merit.
‘7_ BINDING liFl‘ Cfl'i
To the maximum extent allnwetl by law and except as otherwise speci?ed herein, this Agreement inning to the benefit ofantt is binding upon the Panic; and all their respective predccctiom, :sigris bene?ciaries, employees, aft tintedentities, shareholders, of?cers and (lir partners, jnint venturers, dependents, spouses, respectivu representatives, agents, accountants, attorneys, insurance carriers, and successors. ti lil‘itsllONSlBllLl'l‘YFOR COSTS 'I‘ODA'l‘lrl.
The Parties agree that except its otherwise speci?ed in this Agreement, each eithem shall bear its; 0er cents and attorneys‘ fees, directly or indirectly relating In or arising from the Litigation and other matters covered by this Agreement. 94 lNDl‘Ll’ENDlBN’l‘ LEGAL Col .l'NSEL
ii h Pttny acknowledges that it has been represented by independent legal counsel of its own tthnice throughout all of the negotiations that preceded the execution of thin Agreement or hurt knowingly and voluntarily declined to consult legal counsel, and that each Party has executed this Agreement with the consent and (in the advice of such independent legal counsel,
SHIT! Emil"
We"!Int-[in LL
\l'i’ AND ML 'UAi, RF‘ EASE \(inliMl‘
:1 at. v City nj'lun’io cl (3: ‘IA' , -n."_’)8and MC {lb-H39
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 151 of 2236 it). DRAWING.
This Agreement shall be deemed to have been negotiated and drafted by the Parties and their respective attorneys. No provision herein shall be interpreted or construed in favor of or against any Party on the ground that said Party or its attorney dialled that pmvision of the Agreement. Uncertainty and ambiguity in a provision herein shall not he interpreted against that provision‘s drafter.
t l. APPLICABLE LAW AND VENUE.
this Agreement shell be deemed to have been executed and delivered within the State of California; the rights and obligations of the Parties hereunder shall be governed, construed and enforced in accordance with the laws of the Sit-tic of California. The venue for any dispute arising from or related to this Agreement, its performance, and its interpretation shall be the Superior Court of California, County of Riverside, lndio Branch.
12 NO THIRD PA RTY lftE'MEFTCIARlES.
It is expmssly agreed that this Agreement is not for the bene?t of any person 9r entity not a Party hereto ur described (rs it Related Entity and Representative herein. This Agreement is not intended to constitute a third party bene?ciary contract. l3 . SliV ISRAB11.,I'l‘Y.
If any portion, pt‘ovisiun, or part of this Agreement is held:determined or adjudicated m be invalid, unenforceable, or void for (my reason whatsoever (an "Adverse l'lulding“), each such portion, provision or part shall he severed From the rerrraining portions, pmvisinns or parts of this Agreement, and shall not affect the validity or enforceability of any remaining portions, provisions or pins. Furthemtore, in the event of an Adverse Holding, the Parties shall meet and confer in good faith, and use best efforts to effectuate each of the purposes of this Agreement despite the Adverse Holding, including the. negotiution and execution of any additional documents that may be necessary, which documents may include, but shall not be limited to, an amendment to the terms of the Development Agreement.
11L EXECUTION DATE, EFFECTIVE DATE, COUNTERPARTS AND
ENFORCEMENT.
Execution of this Agreement may be via facsimile or eleetmnic menus. Weintraul) and l,nrn'.lir‘r shall execute this Agreement on (it beibrc August 6, 2007 (the “Execution Date“). Further, Weintrauh and Lundin snail provide is duly authorized and full)- executed copy of this Agreement to City at or before to: 0 am, on the Execution Dare, Furthermore, Weinttauh and Lundin shall execute It senlament agreement its to the Weintrarrb/Luntlin Dispute and provrde a true and correct copy of same to City on or before the clnse of business on the Execution Date. 'lhe City‘s titty Council rind ?ll'l‘LiAit. R57
a} r’mlr'or! at.
i’nge limit" lti
GR FMFV’"
1510631029 and 1ch 064”?
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 152 of 2236 Redevelapment Agency Board shall consider and vote upon the speci?c terms of this Agreement on August 15, 2007 (the "Effective Date” of this Agreement) City shall execute this Agreement immediately upon approval on the Effective Date. ’1"his Agreement may be executed in one or more countcmarts, each of which will be deemed an original. but all of which constitute one and the same instrument. This Agreement shall only become effective by and between the Parties on the Effective Date if approved by the City Council and the Redevelnpmunt Agency’s Board. The Parties hereby agree that, subsequent to the Effective Date, the Superior Conn speci?ed above in Section ll shall have and retain jurisdiction over the subject matter of this Agreement for purposes of its enforcement.
15. ATTORNEYS ‘ FEES.
In the event any Party hereto brings an action or proceeding for a declaration of the rights of the Parties, for injunctive relief, for :m alleged breach or default, or any other action arising from or related to this Agreement, the prevailing ’nr‘ty in any such action shall be entitled to an award of actual attomcys’ fees and costs incurred in such action or proceeding, without regard to any rule of court 0 tedule ot‘such fees maintained by the court. in addition to any other dzm'mges in relief awarded, regardless of whether such action proceeds in ?naljtidgment.
16. W mil’liNDENT INVESTIGATION.
Each Party to this Agreement has matte an independent investigation of the {a s pertaining to the provisions container} in this Agreement and all of i te matters pertaining thereto as deemed necessary.
17‘ PARTIES Dl ELYAUTHORJZ
Each Patty executing this Agreement is duly authorized and empowered to do so. l8. l-llEADl‘NGSAND FORMA'X‘FNG.
The heading: and formatting in this Agreement are lllSCted for convenience only. 'l'hcy (it) its“)! constitute part of this Agreement and shall not be used in its construction. l9l TIME OF ESSENCE
Time is; (if the essence in the performance of the provisions of this Agreement as to which time is an Ulcmcm.
20. BREACH AND Rh MEDIES.
‘Nutwithswnding any provision ol‘this Agreement to the cannery. no Party lien'tn shall be deemed to be in default under this Agreement with respect to any obligation owed to another unless the Party asserting a breach or default shall have ?rst delivered a written S
H"; ’ hit in
1‘AND MUTUAL ELEAS‘SAGREEMY
LLC L. at. v. City r/If/ItdtnI at. 7- INC (”1'3“)?! (11“!th [16-1159 Page l l of 10
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 153 of 2236 notice of any alleged default to the allegedly defaulting Party that specifies the nature of such default. if such default is not cured by the allegedly defaulting Party within sixty (60) days after receipt of such notice ofdcfnult, or with respect to defaults that cannot be cured within such period the allegedly defaulting Party fails to commence to cure the alleged default within thirty (30) days after receipt of the rmtioe ot‘deihnlt or thereafter fails to diligently pursue the: cure of such default. the Party alleging default by another may bring an action to enforce this Agreement or, at the option or”the Party Claiming default, bring a motion to animate this Agreement under Section 664.6 ntthr‘: Code of Civil Procedure. Default by any Weintraul) assignce m successor in interest with respect to a particular obligation hereunder shall only affect the portion of the Weintmub Site with respect in which nuch default has occurred, arrl Shall not effect any other Party‘s rights hereunder. In the event that a breach nt‘this Agreement occurs, irreparable harm is likely to occur to the rmrrbrcaehing l’zmy and damages will he an inadequate remedy. in the extent permitted by law, therefore, it is expressly recognized that injunctive relict‘tmrl speci?c enforcement of this Agreement are proper and desirable remedies, Ilntl it is; agreed that any claim by a Party alleging a default against an Allegedly defaulting Party for an alleged breach of his Agreement may he rerttedied by injunctive reliel~or an appropriate action for speci?c enforcement of this Agreement in adtiitinn to any Other remedy available at law or in equity.
2 l , WAIVER
Failure by a Party to insist upon the strict performance of any at this Agreements provisiuusby another Part)" or the failure by a Party to exercise its rights upon an tlllli' Ll default of another Party, Shilllnot constitute a waiver of such Party’s right to insist 21ml demand strict compliance lay the other Party with the terms ofthis Agreement thereafter.
22. NOTICE,
All notices or other eomrrrunicntinnsrequired tir permitted hereunder thall he in writing; and Silllll be either personally delivered (winch shall include delivery by means «it prot'e ionnl nvcrriight ctrun'er service which con?rms receipt in writing, I. i as Federal Express or UPSD,sent by mic-copieror facsimile (“Fax“) machine C‘lpitblt:of con?nning transmission and receipt, or sent by certi?ed or registered mail, return receipt requested, postage: prepaid to the following parties at the following adtlrcsse:t or numbers:
If to City: City ot‘lndin
lOOCivic Center Mall
Indie, California 92201
Attention: City ll’lanrrger and City Attorney
'l’clephonc:(7’60) 39l-~‘¢015; l (760) 39l—4DOS
SETTLE AND ,‘vlllltlALi ' EEMEVT
”W Int/ItoLLC' 6! m‘.v. City Qflmt'r‘oe! (I! ~ INC mm and NC 0641.29 Page ll! nt‘ 16
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 154 of 2236 RECORDING REQUESTED By
WHEN RECORDED MAIL TO:
City of Indio
Attn: City Clerk
Indio City Hall
100 Civic Center Mall
Indio, CA 92210
2026- 0217738
07/ 14/ 2026 09: 57 AM Fee: $ 0. 00
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor - County Clerk - Recorder
I91R. hMl;'P') VK, ff. IIIINo Recording Fee,
Government Code Section 6103 (Above Space for Recorder' s Use Only) THIRD AMENDMENT TO
DEVELOPMENT AGREEMENT THIS THIRD AMENDMENT
TO DEVELOPMENT AGREEMENT (" Third Amendment") is made
and entered into this 19th day of January 2022 ("Effective Date"), by and among the City ofIndio, a California municipal corporation (" theCity") and certain owners of real property subject to that certain development agreement byand between the City and Pacific Indio Properties, Inc. (" PIP") as amended by the Second Amendment to Development Agreement (in theaggregate "Owners").
The Owners executing this Third Amendment are: (i) I -Ten Monroe, LLC, a California Limited Liability Company ("I -Ten Monroe"); BH Indio Land LLC, a California Limited Liability Company (` BH Indio"); Charlotte Southwest Corporation, a Delaware Corporation (" Charlotte) and Urbanica, LLC, a California Limited Liability Company. Accordingly, the City and Owners enter into this Third Amendment with reference tothe following: RECITALS A.
The
City
and Pacific Indio Properties, Inc. (" PIP") entered into a Development Agreement dated November 27, 1991, which was recorded inthe office of the Riverside County Recorder as Instrument Number 047277 on February 11, 1992 (" Original Development Agreement"). The Original Development Agreement was subsequently amended by that certain Amendment to Development Agreement by and between the City and PIP dated September 3, 1997 ("First Amendment").
The Original Development Agreement and the First Amendment collectively referred to asthe "Development Agreement") apply toapproximately two hundred and forty-one ( 241) acres of land, generally described as extending north from Interstate 10 to Avenue 42, and east from aboundary between Clinton and Monroe Streets to near Jackson Street, and approved by the City for phase development (" Site"). B. Subsequently, the City entered into the "Second Amendment to Development Agreement" dated November 20, 2010, which was recorded inthe office of the Riverside County Recorder as Instrument Number 20011- 050690 ("Second Amendment"). The Second Amendment did not encompass the entire Site and was entered into only by certain owners of real property within the Site as set forth in the Second Amendment and said property is generally described as follows: 1-
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 155 of 2236
1. The owner of that certain real property within the Site that is approximately 11 acres in size and generally located immediately south of Avenue 42 and immediately west of Spectrum Boulevard;
2. The owner of that certain real property within the Site consisting of approximately 21. 5 acres and generally located ( i) along the north side of Interstate 10 immediately west of Jackson Street, ( ii) immediately south of Avenue 42 on both sides of Caspian Street, and iii) immediately south of Showcase Parkway and immediately west of Caspian Street;
3. The owner of that certain real property within the Site consisting of 165 acres in size and generally located ( i) west of Monroe Street, east of Clinton Street, and immediately south of Avenue 42, and ( ii) east of Monroe Street, west of Spectrum Boulevard and immediately south of Avenue 42;
4. The owner of that certain real property within the Site consisting of approximately thirteen and one-half (13. 5) acres in size and generally located south ofAvenue 42, east of Monroe Street and west of Spectrum Boulevard.
The Second Amendment extended the term of the Amended Development Agreement until and through January 19, 2022 (" Term") and such Term applied exclusively to the terms of the Amended Development Agreement that addressed permissible land uses ofthe Site and the density thereof. The Development Agreement and the Second Amendment shall collectively be referred to herein as the " Amended Development Agreement."
C. I -Ten Monroe is the current owner and holder of rights under the Amended Development Agreement as to that certain real property within the Site, that totals approximately
13. 52 acres in size and is more particularly described in Exhibit A attached hereto and incorporated herein by this reference.
D. BH Indio is the current owner and holder of rights under the Amended Development Agreement as to that certain real property within the Site, that totals approximately
93. 51 acres in size and is more particularly described in Exhibit B attached hereto and incorporated herein by this reference.
E. Charlotte is the current owner and holder of rights under the Amended Development Agreement as to that certain real property within the Site, that is totals approximately
13. 94 acres in size and is more particularly described in Exhibit C attached hereto and incorporated herein by this reference.
F. Urbanica is the current owner and holder of rights under the Amended Development Agreement as to that certain real property within the Site, that is totals approximately
11. 43 acres in size and is more particularly described in Exhibit D attached hereto and incorporated herein by this reference.
F. The Site in recent years has been an area of increased development activity, however, with the continuance of the COVID- 19 pandemic and its impact on the development community as well as the City, allowing the lapse of the Development Agreement would be detrimental. Accordingly, the Parties desire an extension of the Development Agreement for an 2-
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 156 of 2236 additional 18 months to allow the Owners that are signatories to this Third Amendment additional time to pursue the development opportunities that were lost during the COVID- 19 pandemic.
G. The City has reviewed the request by the Owners and has concluded that the additional time extension is in the City' s best interests and constitutes sufficient consideration to support the request.
NOW, THEREFORE, in consideration of the above -referenced facts and the covenants of the parties contained below in this Third Amendment, and for other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties hereby agree as follows:
AGREEMENT
Section 1. Incorporation of Recitals. The recitals above are true and correct and incorporated by reference into this Third Amendment.
Section 2. Term Extended. The term of the Amended Development Agreement as set forth in the Second Amendment is hereby extended to July 18, 2023. Similar to the provisions of Paragraph 5 of the Second Amendment, the extension of the term affected by this Third Amendment applies exclusively to the provisions of the Amended Development Agreement that address land uses and density as well as the development standards for the Site. Accordingly, except as otherwise amended herein, the remaining text ofParagraph 5 of the Second Amendment remains in full force and effect.
Section 3. Environmental Analysis of Future Development. Each undersigned party understands and agrees that the City reserves the right to require any Owner proposing new development of any portion of the Site subject to this Third Amendment to comply, at its own cost, with such requirements of the California Environmental Quality Act as the City determines applicable in an exercise of City' s sole discretion.
Section 4. General Provisions.
a. Notice, All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered ( which shall include delivery by means of professional overnight courier service which confirms receipt in writing ( such as Federal Express or UPS) or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers:
If to City: City of Indio
100 Civic Center Mall
Indio, California 92210
Attention: City Manager
3-
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 157 of 2236 If to I -Ten Monroe I -Ten Monroe
10990 Wilshire Boulevard
Suite 1000
Los Angeles, California 90024
Attn: Stanley Rothbart
If to Urbanica: Urbanica, LLC
c/ o Bruce E. Hood, Esq.
Withers Bergman LLP
430 Park Avenue, 1 Oth Floor
New York, New York 10022- 3505
If to Charlotte: Charlotte Southwest Corporation
c/ o Bruce E. Hood, Esq.
Withers Bergman LLP
430 Park Avenue, loth Floor
New York, New York 10022- 3505
Ifto BH Indio: BH Indio Land LLC
11111 Santa Monica Boulevard, Suite 600
Los Angeles, California 90025
Notices sent in accordance with this paragraph shall be deemed delivered as follows: ( i) the date of delivery as indicated on the written confirmation of delivery ( if sent by overnight courier service); ( ii) the date of actual receipt ( if personally delivered by other means); or ( iii) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph.
b. Applicable Law. This Third Amendment shall be construed and enforced in accordance with the laws of the State of California, and the venue for any legal actions brought by any Parry with respect to this Third Amendment shall be the County of Riverside, State of California for state actions and the Central District of California for any federal actions.
C. Binding Effect. This Third Amendment, and all of the terms and conditions herein, shall be binding upon and inure to the benefit of the Parties, any subsequent developer of all or any portion of the real property interests of the Owners, and their respective assigns, heirs or successors in interest, whether or not any reference to this Third Amendment is contained in the instrument by which the person acquired an interest in the real property interests herein. d. No Third Party Beneficiaries. The only parties to this Third Amendment are the City and the Owners and their successors -in -interest. There are no third party beneficiaries and this Third Amendment is not intended, and shall not be construed, to benefit or be enforceable by any other person whatsoever.
In
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 158 of 2236 e. Applicability. This Third Amendment applies to the real property interests of the Owners as set further described in Exhibits A, B, C and D. f. Remedies. The Parties agree that the remedies for breach of this Third Agreement shall be injunctive relief and/or specific performance. Owners shall not be entitled to monetary damages or consequential or special damages for the City' s breach or if this Third Amendment is found invalid or unenforceable by a court of competent jurisdiction. g. Nonliability of City Officers and Employees. No official, officer, employee, agent or representative of City, acting in his/her official capacity, shall be personally liable to any Owner, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection with this Third Amendment, or for any act or omission on the part of City.
h. Entire Agreement. This Third Amendment and the exhibits herein contain the entire agreement between the Parties and is intended by the Parties to completely state the agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any Party in relation thereto, not expressly set forth in this Third Amendment or the Development Agreement, is null and void.
i. Severability. If any term, provision, condition, or covenant of this Third Amendment, or the application thereof to any Party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Third Amendment shall be valid and enforceable to the fullest extent permitted by law. j. Counterparts. This Third Amendment may be executed in one or more counterparts each of which will be deemed an original, but all of which constitute one and the same instrument.
k. Authorization. Each person executing this Third Amendment represents and warrants that he or she is authorized and has the legal capacity to execute and deliver this Third Amendment on behalf ofthe Party for which execution has been made.
1. Recordation of Agreement. As provided in Section 65868. 5 of the Development Agreement Act, the City shall cause a copy ofthis Third Amendment to be recorded against the Owner' s real property interests subject to this Third Amendment with the County Recorder within ten ( 10) days following the Effective Date. in. Time is of the Essence. Time is of the essence of this Third Amendment and every term or performance hereunder.
IN WITNESS WHEREOF, the undersigned have executed this Third Amendment as ofthe day and year first above written.
5-
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 159 of 2236 CITY"
CITY OF INDIO, a California municipal
corporation
a - V '%,
Bry Montgomery, Ci ana r
ATTEST:
152r I 3-
Cyn emandez, City CkA
APPROVED AS TO FORM:
Roxanne Diaz, ity Attorney
BE
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 160 of 2236
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
On September 2, 2022 before me, Sabdi Sanchez, Notary Public insert name and title of the officer)
personally appeared Bryan H. Montgomery
who proved to me on the basis of satisfactory evidence to be thzt; on(. whose name is are subscribed to the within instrument and acknowled ed to me thhe/they executed the same in is erltheir authorized capacity( ies and that b his erltheir signatur on the instrument the personNor the entity upon behalf of which the person' acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and eal. SAEDI SANCHEZ
Notary Public - California
Riverside County
Commission N 2257512
My Comm. Expires Oct 1, 2022
Signature ( Seal)
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 161 of 2236 I -TEN MONROE, a California Limited
Liability Company
Stanley Rothbart
BH INDIO LAND LLC, a California
Limited Liability Company
Farzaneh Gozini, Trustee of the Gozini
Children' s Trust of 2005, Its Sole Member
CHARLOTTE SOUTHWEST
CORPO TiON, a Delaware Corpor ' on
Bruce E. Hood
URBANICA, LLC, a California L'
Liability ompany i
Bruce E. Hood
7-
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 162 of 2236 I -TEN MONROE, a California Limited
Liability Company
Stanley Rothbart
BH INDIO LAND LLC, a California
Limited Liability Company
Farzaneh Gozini, Trustee of the Gozini
Children' s Trust of2005, Its Sole Member
CHARLOTTE SOUTHWEST
CORPO TION, a Delaware Corpor ' on
Bruce E. Hood
URBANICA, LLC, a California Li
Liability " onipany
f
C
Bruce E. Hood
7-
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 163 of 2236 State ofNew York
ss..
County of New York
On the 22nd day of August in the year 2022 before me, the undersigned, personally appeared Bruce E. Hood, personally known to me or proved to me on the basis of satisfactory evidence to be the individual( s) whose name( s) is ( are) subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/her/their capacity(ies), and that by his/ her their signature( s) on the instrument, the individual(s), or the person upon behalf of which the individual( s) acted, executed the instrument.
na re -and Office of individual taking acknowledgment
E
t5 W.tNG CHAN
s
OF NEW YORK TAfiP1 4. 1C- STATE
cH6324921
Ovalified in'Oueens Gount
2023 06. 24
ft)[ y Contimissior+ ExP
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 164 of 2236 ACKNOWLEDGMENT1T
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document. ;
State of California
County of Los i" ULS
On I
i c j ?AZ-(.; before me, _~ L: . =, i
insert nam= d title of the offic r)
personally appeared ' S- AW1 k- VA'\ 10 }'
who proved to me on the basis of satisfact ry evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
TARA GIPSON
WITNESS my hand and official seal. o
COMM.# 2516757 z
Not Public - C
County
o
Los Angeles County -+
My Comm. Expires May 5, 2029
Signature 6L ( Seal)
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ACKNOWLEDGMENTS
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On ,& , 2026, before me, _, a Notary Public, personally appeared Farzaneh Gozini and who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Y. WACHTEL
K.- Notary Public - California
i Los Angeles County >
Commission R 2439278
T' My Cemm. Expires Mar 26, 2027
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EXHIBIT A
LEGAL DESCRIPTION (APN 610-330- 027)
I-10 MONROE LLC
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EXHIBIT B
LEGAL DESCRIPTION
APNS 610- 020- 010, 610- 020- 021, 610- 020- 034, 610- 020- 036) B.H. INDIO LAND LLC
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EXHIBIT C
LEGAL DESCRIPTIONS
APNS 610- 270- 068, 610- 270- 069, 610- 080- 062)
CHARLOTTE SOUTHWEST CORPORATION
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EXHIBIT D
LEGAL DESCRIPTIONS
APNS 610- 330- 026)
URBANICA, LLC
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PETER ALDANA
Recorder
P. O. Box 751
COUNTY OF RIVERSIDE Riverside, CA 92502- 0751
ASSESSOR -COUNTY CLERK -RECORDER (
951) 486- 7000
www. rivcoacr. org
CERTIFICATION
Pursuant to the provisions of Government Code 27361. 7, 1 certify under the penalty of perjury that the following is a true copy of illegible wording found in the attached document:
Print or type the page number(s) and wording below):
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Signature:
Print Name: c_ _ o lM -s! Gl Z6 1
ACR 601( Rev. 09/ 2005) Available in Alternate Formats
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 171 of 2236
PETER ALDANA
Recorder
P.O. Box 751
COUNTY OF RIVERSIDE Riverside, CA 92502- 0751
ASSESSOR -COUNTY CLERK -RECORDER (
951) 486- 7000
WW W Avcuacr.pr;
NOTARY CLARITY
Under the provisions of Government Code 27361. 7, 1 certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows:
Name of Notary:
Commission #:
Place of Execution
FIZ
u PP,ra.t CZ&12&,
Date Commission Expires:
Date: 7—
Signature:
Print Name: CL.
ACR 186 ( Rev. 07/ 2013) Available in Alternate Formats
Second Reading of Ordinance 1843 Approving a Fourth Amendment to a Devel... Page 172 of 2236 City of Indio
City Council
September 16, 2026
STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10604 authorizing an application for a Transformative Climate Communities Development Grant
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 10604 to authorize an application for a Transformative Climate Communities Development Grant and authorize the City Manager or his designee to execute all related documents if awarded.
SUMMARY:
The City is working with local partners to submit a Transformative Climate Communities (TCC) Development Grant application to the California Strategic Growth Council. TCC Development Grants are intended to prepare projects for implementation grants. The proposed Resolution would authorize submittal of the TCC Development Grant application and authorize the City Manager or his designee to execute grant related documents on behalf of the City if granted is awarded.
BACKGROUND INFORMATION:
In 2018, the City of Indio was awarded $200,000 in funding through the California Strategic Growth Council’s TCC Planning Grant program. The Indio Transformative Climate Communities Plan is a roadmap to identify and prioritize projects and investments in Jewel and Sun Gold neighborhoods.
The Plan was completed and approved in 2021.
In 2022, The City Council approved an application for a TCC Round 4 Implementation Grant; however, the City was not awarded funding. Since then, TCC has introduced a Development Grant Program intended to bridge the gap between planning and implementation grants. Development grants are up to $5 million dollars in funding and do not require a funding match.
The proposed application would build upon the previous TCC planning work and focuses on developing neighborhood projects that reduce greenhouse gas emissions and support public health.
The proposed project area includes the Jewel and Sun Gold neighborhoods that were originally identified in the original planning grant. Grant funding would support community engagement to refresh the work approved in 2021 and help ensure future projects are community-driven. The prosed application includes design work for a tree canopy and outdoor park area that could also be utilized as a resilience area. Additional components include home evaluations for energy-efficiency upgrades and a pilot backyard gardening project.
AGENDA ITEM #10.6
Resolution No. 10604, authorizing an application for a Transformative Cl... Page 173 of 2236 The TCC Grant Application requires a Resolution adopted by the City Council and must be submitted by September 30, 2026.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Community Well-being
Source of funds: N/A Fund-Org-Object
Reference:
N/A
Additional Financial Details:
The city is seeking $5 million in TCC Development Grant funding. The grant does not require local matching funds and there is no cost to the City to submit the grant application. If awarded, grant funds would be used to implement the activities identified in the approved grant application.
ATTACHMENTS:
Resolution No. 10604 - TCC R6 Development Grant
APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 01 Sep 2026 Ruby D. Walla, Director of Finance Approved - 02 Sep 2026 Steven Graham Pacifico, City Attorney Approved - 10 Sep 2026 Jonathan Nicks, City Manager Approved - 10 Sep 2026
Resolution No. 10604, authorizing an application for a Transformative Cl... Page 174 of 2236 RESOLUTION 10604
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA
APPROVING THE APPLICATION FOR GRANT FUNDING UNDER THE
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM AS ADMINISTERED
BY THE STRATEGIC GROWTH COUNCIL
WHEREAS, in 2026 the Legislature and the Governor of the State of California provided funds for the Transformative Climate Communities Program, established by Assembly Bill 2722 (2016); and
WHEREAS, the Strategic Growth Council is responsible for the administration of this grant program, including developing guidelines and selection criteria; and WHEREAS the Strategic Growth Council released the application guidance on May 29, 2026, with a due date of September 30, 2026; and WHEREAS procedures established by the Strategic Growth Council require a resolution certifying the approval of application(s) by the Applicant’s governing board before submission to the State; and
WHEREAS the Lead Applicant, the City of Indio is authorized to apply for and accept a Transformative Climate Communities grant if awarded, and authority to execute all related documents;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Approves the filing of an application for a Transformative Climate Communities grant for funding year 2026, to be submitted no later than September 30, 2026; and
Section 2. certifies that Lead Applicant, in partnership with its Co-Applicants, will have sufficient resources to execute the strategies and projects that are outlined in the grant application; and
Section 3. Authorizes the City Manager or designee to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, and payment requests that may be necessary for completion of the strategies and projects.
PASSED, APPROVED and ADOPTED this 16th day of September 2026. / / /
/ / /
Resolution No. 10604, authorizing an application for a Transformative Cl... Page 175 of 2236
ELAINE HOLMES, MAYOR
ATTEST:
CITY
CLERK
SABDI SANCHEZ, MMC
DIR. OF CITY CLERK SERVICES
Resolution No. 10604, authorizing an application for a Transformative Cl... Page 176 of 2236 City of Indio
City Council
September 16, 2026
STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Professional Services Agreement with Kimley-Horn and Associates, Inc. for the Comprehensive Road Safety Action Plan, City Project No. PL2601 RECOMMENDATION:
Staff recommends that the City Council approve a Professional Services Agreement with KimleyHorn and Associates, Inc. in the amount of $503,357.26 to prepare the City of Indio Comprehensive Road Safety Action Plan, City Project No. PL2601.
SUMMARY:
The City of Indio has received a federal Safe Streets and Roads for All (SS4A) grant to develop a Comprehensive Road Safety Action Plan focused on improving safety for everyone who uses the City’s streets, including drivers, pedestrians, bicyclists, transit riders, students, and Neighborhood Electric Vehicle (NEV) users. The proposed agreement with Kimley-Horn and Associates, Inc. will allow the City to begin this important planning effort. The Action Plan will identify roadway safety concerns throughout the community and recommend practical improvements aimed at reducing traffic-related serious injuries and fatalities. The plan will also position the City to compete for future state and federal funding for transportation safety projects.
BACKGROUND INFORMATION:
Indio continues to experience steady growth and increased traffic activity due to its expanding population, regional attractions, and major events. As traffic volumes increase, the City is focused on improving roadway safety while supporting safe and accessible travel options for all users.
In 2022, the City completed a Local Road Safety Plan that identified key transportation safety concerns and potential improvements. Building on that effort, the city successfully secured a $400,000 federal SS4A grant through the U.S. Department of Transportation Federal Highway Administration to prepare a more comprehensive and implementation-focused Road Safety Action Plan.
The Comprehensive Road Safety Action Plan will evaluate roadway safety conditions throughout the City and identify strategies to improve safety and mobility for all users. The project includes data analysis, field reviews, community outreach, and evaluation of multimodal travel options, including pedestrian, bicycle, ADA, and Neighborhood Electric Vehicle (NEV) access. The final plan will provide prioritized recommendations to help reduce serious injuries and fatalities while positioning the city for future transportation safety grant funding.
AGENDA ITEM #10.7
Professional Services Agreement with Kimley-Horn and Associates, Inc. fo... Page 177 of 2236 Following grant approval on March 5, 2026, the city released a Request for Proposals (RFP) seeking qualified consulting firms with experience preparing federally funded safety plans.
Proposals were evaluated by a committee of city staff based on experience, technical qualifications, project understanding, and ability to meet the city’s needs. On April 29, 2026, the City received proposals from the following eight (8) firms:
Bidder’s Name Location
Alta Planning + Design, Inc. Los Angeles, CA
GHD Irvine, CA
H.W. Lochner, Inc. Monterey Park, CA
Kimley-Horn Associates, Inc. Palm Desert, CA
Linscott, Law & Greenspan, Engineers Irvine, CA
Minagar & Associates, Inc. Laguna Hills, CA
TJKM Pleasanton, CA
Wood Rogers, Inc. Orange, CA
A committee made up of city staff reviewed the proposals submitted by consulting firms and evaluated each team based on their experience, qualifications, understanding of the project, and ability to successfully complete the work. After completing this review process, the committee determined that Kimley-Horn and Associates, Inc. was the best qualified firm for the project.
City staff then worked with the consultant to finalize the project scope and cost and determined that the proposed fee is fair and reasonable for the services to be provided.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$503,357.26 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Public Safety
Source of funds: Measure A Fund-Org-Object
Reference:
212-521044
Additional Financial Details:
The total cost of the Professional Services Agreement with Kimley-Horn and Associates, Inc. is $503,357.26. Of this amount, $400,000 will be funded through the City’s Safe Streets and Roads for All (SS4A) federal grant awarded by the Federal Highways Administration.
The remaining local match of $103,357.26 will be funded using Measure A funds. The City’s share of the project has already been included in the approved Fiscal Year 2026/2027 Capital Improvement Plan budget, and no additional budget adjustment is required.
ATTACHMENTS:
Attachment 1
Professional Services Agreement with Kimley-Horn and Associates, Inc. fo... Page 178 of 2236 APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 04 Sep 2026 Ruby D. Walla, Director of Finance Approved - 07 Sep 2026 Milja Miric, Assistant City Attorney Approved - 10 Sep 2026 Jonathan Nicks, City Manager Approved - 10 Sep 2026
Professional Services Agreement with Kimley-Horn and Associates, Inc. fo... Page 179 of 2236 ATTACHMENT 1
Professional Service Agreement
Kimley-Horn & Associates, Inc.
Professional Services Agreement with Kimley-Horn and Associates, Inc. fo... Page 180 of 2236
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF INDIO,
A CALIFORNIA MUNICIPAL CORPORATION
AND
KIMLEY-HORN AND ASSOCIATES, INC,
A NORTH CAROLINA CORPORATION
Form Approved January 7, 2025
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1 | Page
PROFESSIONAL SERVICES AGREEMENT
FOR THE COMPREHENSIVE ROAD SAFETY ACTION PLAN
BETWEEN THE CITY OF INDIO AND KIMLEY-HORN AND ASSOCIATES, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 16th day of September 2026 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation organized as a general law city and KIMLEY-HORN AND ASSOCIATES INC, a North Carolina Corporation (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and collectively referred to as the “Parties.”
RECITALS
1. City has sought by a Request for Proposals (RFP) the performance of professional consulting services pertaining to the City’s Comprehensive Road Safety Action Plan, City Project Number PW-PL2601.
2. Consultant was selected by City to perform those services on the basis of Consultant’s demonstrated competence, professional qualifications and licensure necessary for the satisfactory performance of the services required.
3. Pursuant to Chapter 33.116 of the Indio Municipal Code, the City has authority to enter into this Agreement.
a. The City Council has the authority to execute this Agreement for professional services procured through an RFP process, in an amount over $75,000.
4. The Parties now desire to formalize the selection of Consultant for performance of those services defined and described with particularity in Section 2 “Scope of Services and Schedule of Performance” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT
(a)Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement shall commence on September 16, 2026 (the “Effective Date”) and continue in effect until the tasks described are completed, but in no event later than June 30, 2028, unless sooner terminated
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or otherwise extended by written agreement of the Parties. All days set out are calendar days.
(b)The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration, on the same terms and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.” (c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by City Council.
SECTION 2. SCOPE OF SERVICES, SCHEDULE AND SCHEDULE OF PERFORMANCE (a)SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant shall at all times faithfully, competently and to the best of their ability, experience and talent perform the services and tasks set forth in Exhibit “A” “Scope of Services” incorporated as if fully set forth here (hereinafter, the “Services”) and the City agrees to retain and does hereby retain Consultant to provide the Services. (b)SCHEDULE OF PERFORMANCE. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement. Thereafter, the City, in its sole discretion, may choose not to enforce Section 21, “Default” of this Agreement and may instead allow Consultant to continue performing the Services.
(c) ADDITIONAL SERVICES. Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 3. CITY REPRESENTATIVE.
The City’s Principal Civil Engineer shall represent it in all matters regarding the administration of this agreement, review and approval of all products submitted by consultant, but shall have no authority to enlarge the tasks to be performed.
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SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a)Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed FIVE-HUNDRED AND
THREE THOUSAND, THREE-HUNDRED FIFTY-SEVEN DOLLARS AND
TWENTY-SIX CENTS, ($503,357.26) unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 24, “Notices” hereof. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority under Indio Municipal Code Section 33.116 (C)(2) without prior approval by the City Council.
(b)Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subconsultant contracts.
Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment for labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City’s Representative shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice.
(d)Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
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(e) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. RESERVED
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
(a) INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or subconsultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subconsultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
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SECTION 7. CONSULTANT’S BOOKS AND RECORDS.
(a)Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.
Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.
(b)Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 24,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.
SECTION 8. INDEPENDENT CONSULTANT.
(a)Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b)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 elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, subconsultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner
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represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against or bind City in any manner.
(c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Except for the fees paid to Consultant as provided herein, the City shall not pay salaries, wages or other compensation to consultant for performing services hereunder. The City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant expressly waives any claim Contractor may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE.
Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services in the same geographic area as are required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
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SECTION 11. RESERVED
SECTION 12. NONDISCRIMINATION.
Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. RESERVED
SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subconsultant. To the extent applicable, Consultant further covenants that it has not contacted with nor is performing any services, directly or indirectly, with any developer or property owner or entity owning property within the City (or a study area) and further covenant and agrees that it shall provide no service or enter into any agreement with any developer or property owner or firm or partnership owning property within the City or the study area prior to completion of work under this Agreement. Consultant further agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Consultant may be, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties.
Consultant is unaware of any stated position of City relative to such projects.
Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(c) City understands and acknowledges that Consultant may perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. (d) During the term of this Agreement, Consultant shall complete a Form 700 as determined by the City’s Filing Officer.
(e)Consultant has completed the Levine Act statement attached as Exhibit E. (f) UNDUE INFLUENCE: Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement or
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financial inducement. No officer to employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
Violation of this provision shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
(g)During the time of their tenure with the City and for one thereafter, no member, officer or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the services under this Agreement shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connect with the services performed under this Agreement.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a)All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b)Consultant, its officers, employees, agents or subconsultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder.
City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Unless Consultant is adverse to City, Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (d)If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for
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any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
SECTION 16A. INDEMNIFICATION. (NON-DESIGN PROFESSIONALS) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives, volunteers and agents (“Indemnified Parties”) from and against any and all losses, liabilities, demands, cost and expenses, including attorney’s fees and costs, to the extent caused by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this Agreement. Consultant’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence or willful misconduct.
DUTY TO DEFEND. In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall defend the Indemnified Parties at Consultant’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by City is not a condition precent to enforcement of this provision.
In the event of any dispute between Consultant and City, as to whether liability arises from the sole or active negligence or willful misconduct of City or its officers, employee, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Consultant shall not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.
SECTION 16B. INDEMNIFICATION. (DESIGN PROFESSIONALS)
IF THIS CONSULTANT IS A DESIGN PROFESSIONAL AS DEFINED IN CAL. CIV.
CODE § 2782.8, this Section shall supersede and replace all other indemnity provisions contained in the City's specifications, which shall have no force and effect.
DESIGN PROFESSIONAL INDEMNITY OBLIGATIONS. To the maximum extent permitted by law, Consultant shall defend, hold harmless and indemnify City, and any and all of its elected and appointed officials, officers, employees, agents, and designated volunteers (collectively, “Indemnitees”), from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorneys’ fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant
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Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by Agency in direct proportion to the Consultant’s proportionate percentage of fault.
Consultant’s percentage of fault, for both indemnity and defense, shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, and the parties cannot mutually agree on Consultant’s percentage of fault, the parties agree to mediation with a neutral third-party to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnify and defense cost reimbursement owed to the City.
APPLICABLE TO ALL CONSULTANTS:
PROMPT PAYMENT OF JUDGEMENT. Consultant shall promptly pay any judgment rendered against City or any City Personnel for any such claims or liabilities incurred due to Consultant’s.
CLAIMS. Any claim by Consultant against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.
SECTION 17. INSURANCE.
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Addendum “1” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.
INSURANCE DOES NOT EXCUSE INDEMNIFICATION OBLIGATION. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
NONWAIVER OF RIGHTS. Indemnitees do not and shall not waive any rights that they may possess against Consultant on the basis of acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
WAIVER OF RIGHT OF SUBROGATION. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
SECTION 18. ASSIGNMENT.
The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons
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and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement, the performance of any of Consultant’s duties or obligations under this Agreement nor any monies due under this Agreement, without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subconsultants. Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide City with the identity of the proposed Subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include an indemnity provision identical to the one provided herein identifying City as an indemnified party, or an incorporation of the indemnity provision provided therein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.
Consultant may use assistants, under its direct supervision, to perform some of the services under this Agreement. Consultant shall provide City at least fourteen (14) days’ notice prior to the departure of such assistant from this employe. Should such assistant leave Consultant’s employ, the City shall have the option to immediately terminate this Agreement. Upon such termination, Consultant’s sole compensation shall be payment for actual services performed up to, and including the date of termination or as otherwise agreed to in writing with the City.
SECTION 19. RESERVED
SECTION 20. TERMINATION OF AGREEMENT.
(a)City may terminate this Agreement, with or without cause, at any time by giving prior written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b)Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice. (d)Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in
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Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. (e)Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement.
Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 21. DEFAULT.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is thirty (30) days, which may be extended or reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on approved invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of either Party. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the
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Services shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, delivered by a reputable document delivery service (i.e. Federal Express) which provides a receipt showing the date and time of delivery; or U.S. mail, certified mail, postage prepaid and return receipt requested, addressed as follows:
TO CITY: City of Indio
Attn: City Manager
100 Civic Center Mall
Indio, CA 92201
Cc: Donn Uyeno [email protected]
TO CONSULTANT: Kimley-Horn and Associates, Inc.
Attn: Darryl dePencier
36-951 Cook Street, Unit 103
Palm Desert, CA 92211
Cc: [email protected]
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.
Should signatory of this Agreement be unauthorized to bind Consultant, such signor shall be personally liable for the obligations set forth in this Agreement.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Indio Municipal Code.
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SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City in the same manner as the Agreement was approved. Notwithstanding, the City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Indio Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California.
In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEY’S FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits and Addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding. All prior or
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contemporaneous agreements, understandings, representations or statements, oral or otherwise, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth here and upon each party’s own independent investigation of any and all facts such party deems materials.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s) and all other parts, provisions or representations herein shall remain in full force or effect.
SECTION 34. INCORPORATION AND CONFLICTING TERMS.
(a)The following documents are incorporated and made part of this Agreement by this reference:
1. Insurance requirements (“Addendum 1”)
2. All Exhibits and Addendums
3. All amendments
4. Consultant’s proposal, if any
5. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”) (b)The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, Exhibits and Addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.
SECTION 35. TIME OF ESSENCE.
Time is of the essence for each and every provision of this Agreement.
SECTION 36. FEDERAL FUNDS.
In the event the Services are funded either in whole or in part by a federal grant, Consultant shall comply with the requirements of Addendum “2” “Federal Funds.”
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF INDIO
___________________________
Jonathan Nicks
City Manager
ATTEST:
CITY CLERK
By: ___________________________
Sabdi Sanchez, MMC
Director of City Clerk Services
APPROVED AS TO FORM:
CITY ATTORNEY
By: ___________________________
Steven Graham Pacifico
City Attorney
CONSULTANT: KIMLEY-HORN AND
ASSOCIATES, INC.
By:
Jason Melchor
Its: Associate
Attachments:
Exhibit A- Scope of Services
Exhibit B- Compensation
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Attachments - Continued
Exhibit C- Insurance (Addendums 1-3)
Exhibit D- Conflict of Interest Form
Exhibit E- Levine Act Statement
Exhibit F- Request for Proposal (if used)
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Exhibits
EXHIBIT “A”
SCOPE OF SERVICES
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Comprehensive Road Safety Action Plan
Proposal For
City Project Number: PL2601
Prepared By
Prepared For
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The Comprehensive Road Safety Action Plan
Proposal For
City Project Number: PL2601
COVER LETTER
April 29, 2026
Donn Uyeno, Senior Civil Engineer
City of Indio
100 Civic Center Mall
Indio, CA 92201
RE: Proposal to Provide Professional Consulting Services for the Comprehensive Road Safety Action Plan, City Project No. PL2601
Dear City of Indio and Members of the Consultant Selection Committee:
The City of Indio (City) is a vibrant community home to the largest population in the Coachella Valley, along with hosting the region’s notable music festivals. As the City continues to thrive and grow, roadway safety is a growing priority. After being awarded Safe Streets for All (SS4A) funding, the City of Indio is now seeking a consultant partner to develop a visionary, yet practical, Comprehensive Road Safety Action Plan which can be used as a roadmap for funding and safety project implementation. Paired with a data-driven approach, community outreach, public awareness and education will be a fundamental part of shaping the project. Kimley-Horn is excited about the opportunity to work with the City again and is prepared to bring forth the following key benefits:
Unmatched Safety Planning & Grant Experience
The Kimley-Horn team partnered with the City to develop the Indio Local Road Safety Plan (LRSP), providing us with a unique background on safety and priorities in the city. This work was driven by project manager, Darryl dePencier, AICP, GISP, RSP2B and principal-in-charge, Jean Fares, PE. Darryl specializes in safety planning and has successfully completed more than 70 safety studies.
His work includes developing Safety Action Plans, such as in the nearby cities of Indian Wells and leading the Statewide Vulnerable Road Users Assessment, setting new standards and safety best practices for Caltrans and municipalities across the state. Our team’s goal is to realize projects by developing competitive projects for grant funding. Our grant team will be led by Molly Tremblay who specializes in grant funding and who is responsible for developing the top-scoring ATP grant application last cycle. In California, Kimley-Horn has secured more than $1B dollars in grant funds for our clients. We are knowledgeable about grant requirements for local, state, and federal funding programs, taking it beyond compliance and advising the City on best practices.
Local Team & Community Outreach Experience
Our team is local and passionate about investing in Indio’s safety. The work will be led out of Palm Desert office, which is just 10 miles from Indio City Hall. Three of our team members live and were raised in Indio. Our local knowledge provides us with a unique context about safety topics, barriers, and priorities in Indio. We have completed safety planning, active transportation, and community outreach projects in the nearby cities of La Quinta, Indian Wells, Palm Desert, and Palm Springs. Maya Bouchet, AICP, our community outreach lead, is local to the area and has led more than 10 community outreach meetings in the Coachella Valley within the last year. We are experienced in successfully delivering multi-lingual community outreach and public awareness programs which integrate innovative tools to garner equitable participation.
Innovative & Practical Solutions
Our team prides ourselves on innovative, yet practical, solutions. While this is a planning project, our goal is to develop projects that can be funded and constructed. Kameron Qureshi, PE will lead our project development in partnership with our planners and data analysts. This collaborative work between planning and design disciplines develops projects that consider the nuances of field conditions and promotes probable cost estimates to appropriately fund design and construction.
We are excited for the opportunity to partner with the City to achieve your vision for this project and appreciate your consideration of our proposal. Should you have questions or require any additional information, please contact our project manager, Darryl dePencier, at darryl. [email protected], 213.261.4039, or at the address listed on the upper-right hand corner of the previous page. 36-951 Cook Street
Unit 103
Palm Desert, CA 92211
760 565 5103
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The Comprehensive Road Safety Action Plan
Proposal For
City Project Number: PL2601
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Darryl dePencier, AICP, GISP, RSP2B Jean Fares, PE
Project Manager Senior Vice President with signing authority Jean Fares, PE has the authority to bind Kimley-Horn to the provisions of the RFP and any contract awarded pursuant to it.
Kimley-Horn acknowledges receipt of Q&A set 1 dated 4/15/2026 and Q&A set 2 dated 4/24/2026.
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The Comprehensive Road Safety Action Plan
Proposal For
City Project Number: PL2601
A. UNDERSTANDING OF WORK
Roadway safety in Indio is a growing priority as the city balances its daily commuter traffic with influx of visitors during festival seasons. The Local Road Safety Plan (LRSP) demonstrated that the most pressing areas of concern involve vulnerable road users, specifically pedestrians and cyclists who face higher risks at major intersections.
Pedestrians, cyclists, and drivers face these risks due to issues such as excessive speeding, failure to yield, and large roadway/intersection design that prioritize vehicles and efficiency rather than the pedestrians or cyclists. Additionally, impaired driving and nighttime visibility remain significant hurdles for this community.
Indio has also faced issues with Neighborhood Electric Vehicles (NEVs). NEVs operate at higher speeds but offer little protection. There is also uncertainty about where to use them (bike lane, sidewalk, or roadway) and the rules that apply, leading to safety issues.
Data from the Office of Traffic Safety demonstrate that Indio, compared to the rest of California, has:
🔘 Elevated impaired driving, especially those involving parties between the ages of 21-34 🔘 Higher crashes with 65 and older pedestrians
These challenges will be developed into priorities through the Comprehensive Roadway Safety Plan. The safety measures will fall into the four key categories:
1. Engineering – Developing and prioritizing projects in the most critical places to create designs that take a safety-focused and datadriven approach.
2. Education – Educating the public through workshops, a branded public awareness campaign, and online materials will help raise greater awareness.
3. Enforcement – Partnering with local law enforcement to address safety issues that can best be addressed through enforcement.
4. Emergency Response – Fostering an environment and project designs where emergency response times can improve.
To address safety issues, it’s important to consider existing conditions around the city. Below is a raster map, which combines five main data sources to identify safety focus areas in the city. The map shows the following:
1. Bike & Pedestrian Volumes
2. Population & Job Density
3. Location of Parks & Schools
4. Underserved Communities
5. High Crash Locations
As shown to the right, the center of the
city shows the warmest colors where the
maximum overlap of these data sources
occurs. The map illuminates corridors that
could be focus areas such as Monroe Street,
Jackson Street, and Jefferson Street. The
warmest areas on the map show candidate
corridors that would be most competitive for
funding sources.
In addition to using this raster map as a
tool, more detailed maps showing bicycle
and pedestrian activity are provided on the
following page. These maps show areas of
greatest need for vulnerable road users, while
also demonstrating potential gaps in the city –
i.e. where people avoid or change their route.
Prioritization Criteria
Bike
Population
Schools
Underserved
Pedestrian
Jobs
Parks
Crashes
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The Comprehensive Road Safety Action Plan
Proposal For
City Project Number: PL2601
Pedestrian Activity
As demonstrated in the Pedestrian Activity Map, some of the greatest concentrations of pedestrians are along a long stretch of Highway 111 between Clinton Street and Calhoun Street, Monroe Street between Fred Waring Drive and Avenue 48, Doctor Carreon Boluevard between Highway 111 and Dr Carreon Park, and on Jackson Street between Avenue 42 and I-10. Pedestrian activity is concentrated along key corridors in the city, suggesting that people walk to and between restaurants, retail, and other services along these corridors. Additionally, it suggests that parallel, calmer streets may lack adequate pedestrian facilities or force pedestrians to take longer, indirect routes due to the layout of the street network.
Biking Activity
The map to the right illustrates bicycle activity. The primary northsouth route used by cyclists is Monroe Street, which shows a concentration of activity between I-10 and Cochran Drive. Northsouth bicycle activity is also concentrated along Clinton Street from Highway 111 to Avenida Gonzalez. Interestingly, this activity does not appear to continue north to Fred Waring Drive, which shows a concentration of east-west bicycle activity. The data indicates that cyclists are using Avenida Gonzalez and Las Bontas Drive to connect between the two corridors, which is likely due to safety concerns or barriers at the intersection of Fred Waring Drive and Clinton Street.
Other significant east-west corridors of bicycle activity include Miles Avenue between Whitewater River and Monroe Street, Miles Avenue between Rubidoux Street and Oasis Street, and Requa Avenue between Arabia Street and Jackson Street. Especially in downtown Indio, the data indicates that cyclists travel on calmer streets, such as Requa Avenue, to avoid travelling along Highway 111. There is a notable lack of bicycle activity along Highway 111.
Data Needs & Gaps
Right-of-Way
As demonstrated through the preceding maps, there are already a variety of data sources our team can harness to develop the Plan. More specific data sources such as right-of-way widths can be helpful when considering conceptual designs for priority corridors. This helps our team understand pedestrian and bicycle level of stress, available space for roadway reconfigurations (i.e. bike lanes or sidewalk extensions), and feasibility of design solutions before presenting to the community.
Community Input
Community input is an irreplaceable data source. While quantitative data offers a good foundation to build from, it cannot replace the community’s day-to-day experiences and understanding of the greatest barriers to safety.
Implementation of Past Policies, Plans, and Grants
Understanding the City’s progress on safety initiatives will be helpful to avoid duplicating work. We’ve identified in our scope of work existing documents that will serve as resources.
Conditions of Facilities
Identifying existing conditions of the city’s pavements, sidewalks, bike facilities, curb ramps, transit stops, and circulation around schools will also be important.
Avenue 42 Avenue 42
Fred Waring Dr
Indio Blvd 10
Hidden Palms
Bermuda
Dunes
Biskra Palms
Desert Palms
Avenue 52
Avenue 50
Washington St
Monroe St
US Highway 111
111 111 111
Indio
442 ft
The Golf Club
at Terra Lago
Avenue 52
Twenty-Nine
Palms
Reservation
Coachella
Whitewater Ri ver
Clinton St
Sirocco Ave
Alberta Ave
Avenue 46
Francis Ave
Emerald Ave
Avenue 44
Kenner Ave
Oc otillo Ave
Market St
Adobe Rd
Valencia Ave
Oleander Ave
Monroe St
Indio Blvd
R ubidoux St Miles Ave
Arabia St
Oasis St Oasis St
Albion Dr Calhoun St
Avenue 45
Calico Ave
Bliss Ave
Sierra Ave
Car ibe Ave
John Nobles Ave
Doctor Carreon Blvd Monroe St
Golf Center Pkwy
111
South Jackson
Park & Davis
Sports Complex
Indio
0 0.25 0.5 1 mi
¯ Pedestrian Activity
Dense
Sparse
Indio Boundaries
Avenue 42 Avenue 42
Fred Waring Dr
Indio Blvd 10
Hidden Palms
Bermuda
Dunes
Biskra Palms
Desert Palms
Avenue 52
Avenue 50
Washington St
Monroe St
US Highway 111
111 111 111
Indio
442 ft
The Golf Club
at Terra Lago
Avenue 52
Twenty-Nine
Palms
Reservation
Coachella
Whitewater Ri ver
Clinton St
Sirocco Ave
Alberta Ave
Avenue 46
Francis Ave
Emerald Ave
Avenue 44
Kenner Ave
Oc otillo Ave
Market St
Adobe Rd
Valencia Ave
Oleander Ave
Monroe St
Indio Blvd
R ubidoux St Miles Ave
Arabia St
Oasis St Oasis St
Albion Dr Calhoun St
Avenue 45
Calico Ave
Bliss Ave
Sierra Ave
Car ibe Ave
John Nobles Ave
Doctor Carreon Blvd Monroe St
Golf Center Pkwy
111
South Jackson
Park & Davis
Sports Complex
Indio
0 0.25 0.5 1 mi
¯ Bicycle Activity
Dense
Sparse
Indio Boundaries
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Stakeholders & Organizational Structure
Understanding the roles of stakeholders in the city and how this relates to safety will help create a framework for other departments to collaborate on this project. A City organizational chart is often a good starting point and followed by discussions to really understand the roles and functions of each team.
Our team is experienced in delivering safety projects beyond just roadway safety. We have developed plans focused on comprehensive safety, which considers how every department’s role in a city functions to support safety. Examples include Fire, Police, Human Resources, and Finance.
High-Risk Users
High-risk users in the city are: bikes, pedestrians, seniors (65+), youth (<15 years of age) and those who do not have access to a car and therefore rely on other means of transportation (biking, walking, and taking transit). NEVs can often create a false sense of security as they don’t operate quite like a car, but they move with greater speed and are surrounded by more of a structure than a bicycle or motorcycle. Each of these groups will be uniquely addressed through data analysis, community outreach, and ultimately the development of the Final Plan.
Approach to Reach Underserved Communities
Our outreach strategy will be rooted in the following:
Equitable and meaningful participation is critical to receiving input that is representative of the communities this plan is meant to serve. In the Anticipated Challenges section, we identify in greater detail the barriers to participation and how we plan to address them.
Leveraging community partnerships will be avenues to connect with the community. Examples include community stakeholders such as: Desert Recreational District – Local Community Center, nearby schools, Indio Chamber of Commerce, Desert Bicycle Club, Desert Roadrunners, Desert Run Club, Boys & Girls Club – Indio, Martha’s Village & Kitchen, which has a thrift store located in Downtown Indio. As part of these partnerships, we plan to not only use their networks to get the word out about events, but also to help identify community “popup” events where we go out into the community to table at different events. We have found that this can get greater participation compared to a standalone safety event.
Developing a multi-lingual engagement program will help reach non-English speaking community members. According to the US Census, approximately 55% of people aged five or older speak another language besides English at home in Indio. 26% of households are considered limited-English households meaning that no one in the household above 14 years old speaks English “very well.” Outreach will be provided in both English and Spanish. As identified in our Organizational Chart many of our team members are fluent in Spanish. Our approach is unique in that we don’t hire outside translation and interpretation services. Having team members who are fluent in Spanish allows for meaningful conversations with the community and the ability to seamlessly integrate their comments into the technical work.
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Anticipated Challenges
Anticipated Challenge Solution
Lack of participation in
community events
Indio has a large full-time working population with families, which can make it challenging to dedicate time to individual community meetings for this project. To address this challenge, we have identified opportunities to participate in community pop-up events. Additionally, some people have concerns with participating in-person due to immigration enforcement. Virtual online multilingual engagement tools can help get people to participate via online. For those without access to internet, posting flyers in public spaces can spread awareness on upcoming events and project surveys.
Community does not understand
the project need or like the
aesthetics (i.e. look of the project)
Historically, Indio residents have expressed constructive feedback on the need for projects and aesthetics, especially those associated with high costs. For project development, identifying the need and effectiveness of the project will be critical.
Developing consistency with past
safety planning efforts
Indio has many projects underway. Developing consistency with previous documents and demonstrating progress will help the community understand the bigger picture rather than seeming redundant or contradictory. The Final Plan will connect past efforts together and bring new ideas forward.
SS4A Project Success & Performance Metrics
A successful SS4A Plan leads to a long-term program that results in reduction in fatalities or serious injuries. The safety program can result in outcomes such as better project prioritization and securing funding to construct the improvements. Another outcome of a successful program is increased awareness across the community and support of safety initiatives. Our approach is to develop a Final Plan that is:
1. Measurable – sets forth performance measures that are easy to track
2. Reasonable & achievable – sets forth goals that are achievable and are consistent with the available City resources.
3. Community ownership of the plan – the community feels they have had a say in the process and that the recommendations are consistent with their input. Our work will be focused on taking a data-driven approach but vetting recommendations through the community outreach process.
4. Develop mechanisms for tracking and accountability – As part of this plan, we have proposed a safety dashboard as an optional task which is defined in the Scope of Work and the Innovations section. Example metrics that could be included in that dashboard include:
¢ Reduce the number of pedestrians killed or injured in traffic crashes ¢ Reduce the number of bicyclists killed or injured in traffic crashes ¢ Reduce the number of persons killed or injured in impaired driving related crashes
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B. TECHNICAL APPROACH AND WORK PLAN
Task 1 – Project Management
1.1 – Project Kick-Off & Progress Meetings
Upon receipt of Notice to Proceed (NTP), Kimley-Horn will coordinate a project kick-off meeting with City staff to discuss the plan’s goals, project schedule, data needs, and community engagement strategies. Kimley-Horn and the City will review administrative tasks including communication protocols, meeting scheduling, and key milestones. The team anticipates that the meeting will be 1.5 hours in duration.
Following the kick-off meeting, Kimley-Horn will organize progress meetings with the City. This task anticipates that there will be up to 11 progress meetings, assuming one hour in duration, with 5 meetings in person, and 6 meetings held virtually.
For project meetings, Kimley-Horn will prepare an agenda in advance of the meeting and provide meeting notes following the meeting.
1.2 – Project Schedule
Kimley-Horn will develop a project schedule which will identify project milestones, timeline, and submittal dates. The project schedule will show review periods. It is anticipated that, if needed, the project schedule will be updated in advance of each progress meeting for a total of up to 11 revisions.
1.3 – Progress Reports
Each month Kimley-Horn will submit a progress report to the City. The progress report will identify the work period and the work progressed during that month.
Task Outcomes
🔘 Project Kick-off
🔘 Project Progress Meetings
🔘 Agendas and Meeting Notes
🔘 Project Schedule
🔘 Monthly Progress Reports
Task 2 – Data Collection & Review
Kimley-Horn will conduct a review of existing City plans, policies, and projects. As part of this task, Kimley-Horn will identify safety best practices in the technical memorandum. We have identified a list of plans and programs to review below:
Plans
🔘 Indio Local Road Safety
(developed by Kimley-Horn)
🔘 Indio General Plan
🔘 SCAG Regional Transportation Plan (2024)
🔘 Complete Streets Plan (2022)
🔘 Safe Routes to School Plan (2019)
🔘 Multimodal Feasibility Study (2020)
🔘 Indio Speed Survey Report (2024)
🔘 Highway 111 Corridor Specific Plan
🔘 Downtown Indio Specific Plan (2020)
🔘 Indio Climate Action Plan
🔘 Strategic Highway Safety Plan
🔘 CV Link Network
🔘 Golf Cart Transportation Program
🔘 CV Sync Network
🔘 Capital Improvements Program (CIP)
🔘 Pavement Management Program (PMP)
🔘 Sunline Transit Service
🔘 ADA Transition Plan
🔘 Neighborhood Electric
Vehicles (NEVs) Program
Projects
Kimley-Horn will work with the City to compile a list of projects. Kimley-Horn assumes that the City’s Development Dashboard will serve as a tool to track existing development projects. The Capital Improvements Program (CIP) Dashboard shows completed and public projects underway in the City. Notable projects in the City include several park projects in design, the Jackson Street Complete Streets Project, Landscape and Sidewalk Improvements in Downtown, and Restoring Indio Boulevard Beautification Project.
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Data Collection
Kimley-Horn will collect collision data between 2021-2025 from the Transportation Injury Mapping System (TIMS) to update the data from the LRSP. Kimley-Horn will request from the City recent turning movement counts (TMC) or average daily traffic (ADT) counts. Kimley-Horn will review collision severity levels, allowing the team to identify factors where collision severity levels are high relative to overall collision numbers.
Findings of this task will be summarized in a brief technical memorandum documenting data collected, sources, and additional/supplemental data needed. This task assumes that Kimley-Horn will address one round of consolidated comments on the memorandum and the final will be included as part of the Final Plan under Task 8.
Task Outcome
🔘 Draft Data Collection Review Memorandum & Existing Conditions Maps Task 3 – Field Survey & Analysis
3.1 – Site Visits/Field Work
Based on the collision data collected under Task 2, Kimley-Horn will conduct site visits and field work along priority corridors with frequent collisions. In coordination with City staff, Kimley-Horn will identify and select up to 10 priority locations for detailed field review and analysis.
The results of this field work will be documented for City staff in a draft memorandum format, including photographs, location-specific observations, and documentation of identified accessibility barriers and improvement opportunities. Kimley-Horn will respond to one round of consolidated comments and the final memorandum will be incorporated as part of the plan (identified under Task 8).
Task Outcome
🔘 Draft Site Visit/Field Work/Accessibility Review Memorandum
3.2 – Collision Analysis
Kimley-Horn will develop a collision safety analysis methodology that updates and expands upon the collision analysis completed for the City’s 2022 LRSP. Collision data from 2021-2025 will be evaluated to identify yearly trends in collision frequency, severity, and crash characteristics.
Our approach to safety analysis uses the Highway Safety Manual (HSM) methods. These methods are selected to identify locations with higherthan-expected collision activity that can be reviewed to identify roadway and intersection characteristics with higher risk. These methods also review a variety of collision characteristics to identify locations where specific types of collisions are over-represented. This approach helps to diagnose safety factors that are leading to elevated numbers of collisions. Citywide data is used to determine the typical crash type mix for each function classification, control type, city, and abutting land use. 🔘 Fatal Collisions
🔘 Injury Collisions
🔘 Broadside Collisions
🔘 Rear-End Collisions
🔘 Sideswipe Collisions
🔘 Head-On Collisions
🔘 Single Vehicle Collisions (run off road,
fixed object, parked vehicle, other)
🔘 Bicycle Collisions
🔘 Pedestrian Collisions
🔘 Wet/Slippery Road Collisions
🔘 Nighttime Collisions
🔘 Collisions Involving Alcohol/Drugs
🔘 Collisions Involving Driver Inattention
🔘 Collisions Involving Speeding/
Aggressive Driving
The resulting list would include both the number of crashes for each factor, and the probability that any excess is not random. Roadway safety concerns from the public will supplement the crash analysis. Kimley-Horn will develop collision profiles based on the collision analysis and trends, primarily those which contributed to fatal and serious injury collisions. We will define up to ten (10) collision profiles which cover intersections (signalized and unsignalized), fatal and severe injury collisions, age or responsible party, high incident locations, time of day, bicycle/pedestrian/NEV involved collisions, collision types, and primary collision factors. The collision profiles are described in greater detail in section G. Innovation, Value-Added Approach, Local Experience of this proposal.
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3.3 – High Injury Network Maps
Kimley-Horn will use the collision analysis completed under Task 3.2 (fatal and severe injury collisions) and roadway network to develop a High Injury Network (HIN) for pedestrians, bicyclists, NEVs, and automobiles. These HINs will highlight where the greatest concentration of crashes resulting in fatalities and injuries occur. In this analysis we will identify a subset of the roadway network where most crashes (>50%) are occurring. Creation of this network will help to determine which geographic areas the crashes are concentrated in and to prioritize investments within these areas. We will map the HIN and incorporate it into the final Comprehensive Roadway Safety Plan.
3.4 – Safety Dashboard
To aid the City, Kimley-Horn can develop a safety dashboard, which summarizes collision data using visual tools such as data charts and other customizable features. The safety dashboard displays performance metrics which helps the City follow safety trends within the city. The safety dashboard will be be hosted on a StoryMap website and linked from the City’s website to provide public access to project informations and findings. The Safety Dashboard is described in greater detail in section G of the proposal. Long-term hosting and maintenance of the dashboard or StoryMap will be discussed with the City at the conclusion of the project and may be transitioned to a City-hosted platform. It is assumed that the StoryMap will be hosted by Kimley-Horn for 5 years.
The results of Task 3 will be summarized into a Collision Analysis Memorandum. One round of consolidated City comments will be addressed and incorporated in the Final Plan (under Task 8).
Task Outcomes
🔘 Site Visit / Field Work Documentation at 10 Priority Locations 🔘 Safety Dashboard
🔘 Collision Analysis Memo & High Injury Network Maps
🔘 Collision Profiles
Task 4 – Community Engagement
4.1 – Public Engagement Plan
Kimley-Horn will develop a Public Engagement Plan that outlines the project’s outreach strategy, target audiences, engagement activities, schedule, and communication methods. The plan will describe how and when the public, stakeholders, schools, community organizations, and other interested parties will be engaged throughout the project. The plan will also identify giveaway materials for pop-up events (e.g., project-branded stickers) in collaboration with the City. A matrix summarizing outreach activities, objectives, participants, and anticipated timing will be included as part of the Public Engagement Plan.
4.2 – Project Branding & Flyers
Kimley-Horn will develop project branding materials to support public outreach efforts, including a visual identity, flyer templates, and presentation templates.
These materials will be used throughout the project to provide a consistent and recognizable public-facing brand.
4.3 – Project Educational Videos
Kimley-Horn will develop and implement an online community engagement campaign and host up to five (5) community pop-up events to engage and educate the public throughout the project and gather community input. Outreach materials will include five (5) pre-recorded presentation videos (assume one per District) and accompanying online surveys available in both English and Spanish. For survey scope, please see Task 4.5. Spanish interpretation will be provided at community pop-up events. The videos will define roadway safety, acknowledge previous City safety-focused efforts, educate community members on roadway safety concerns, and share findings from the collision analysis.
In coordination with the City, project materials will be distributed through Council Members, schools, community organizations, social media platforms, and the City’s website. Outreach efforts will also seek feedback from schools, school districts, and community stakeholders regarding school access, active transportation, and roadway safety concerns.
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A summary of public input, survey results, and community feedback will be incorporated into the final recommendations and presented as part of the final City Council presentation.
4.4 – Community Pop-Up Events
To complement the online community engagement campaign, Kimley-Horn proposes five pop-up events to reach more people. Candidates for potential pop-up events include Indio Farmer’s Market (seasonal), Food Truck Fridays (weekly), Indio Tree Lighting (December), Tamale Festival (December), Second Saturdays (monthly), Movie Night at Center Stage (summer), and Mercado Indio (weekly). The nature of these events typically includes a project table with project boards, flyers, and opportunities for people to participate in project surveys.
4.5 – Project Surveys
Kimley-Horn will prepare two project surveys for community members to respond to questions and provide feedback. Surveys will be crafted with City input. We assume one survey focused on schools (such as parents / students) and one survey more focused on active transportation + NEVs.
4.6 – Social Media Posts
Kimley-Horn will develop five social media posts for each pop-up event and a social media toolkit for the City and City Council Districts to post on their social media accounts about the educational videos. The City will be responsible for posting to respective social media accounts.
Based on input from the City, the social media image and written copy will be shared with community groups (i.e. for them to post on their accounts).
4.7 – Engagement Summary
Following each community event, Kimley-Horn will develop a concise event summary. The summary will include format of the meeting, signins (if applicable), number of engaged parties recorded, and relevant comments and feedback. Kimley-Horn will compile each summary into a concise memorandum format which will be delivered to the City as one document.
Online Resources
Kimley-Horn will provide electronic copies of public meeting materials for the City to post on their website.
4.8 – PublicCoordinate
Kimley-Horn will set up a PublicCoordinate webpage for the project. PublicCoordinate is an interactive map tool, which helps capture community comments. The tool allows users to comment on specific areas within the City where they may have a safety focused comment.
The tool is customizable so we can develop comments based on categories. For example, in Indio, we will create a category for golf carts/ NEVs. PublicCoordinate can be a useful resource for collecting feedback in addition to the in-person opportunities.
4.9 – StoryMap Website
As part of this task, Kimley-Horn will develop a StoryMap website. The StoryMap website will include project graphics, walk the community through core components of the project, project maps, community event details, and proposed project recommendations. The website will be updated as the project progresses.
Task Outcomes
🔘 Public Engagement Plan
🔘 Five (5) Educational Videos
🔘 Five (5) Social Media Posts
for Pop-Up Events
🔘 Social Media ToolKit for Educational Videos
🔘 Two (2) Project Surveys
🔘 Engagement Summary
🔘 Five (5) Pop-Up Events
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Task 5 – Roadway Safety / School / Walk Audits
Kimley-Horn will conduct walk audits at the City’s 19 schools to assess existing pedestrian accessibility, school circulation, and roadway safety conditions. Kimley-Horn will also review existing signs, pavement markings, and traffic control devices near schools, parks, and other key community destinations to identify potential improvements and assess conformance with the latest CA MUTCD standards and current best practices for pedestrian and bicyclist safety. Findings will be summarized and used to inform project recommendations and prioritization efforts. Kimley-Horn will summarize the results in a concise memorandum for the City which will be included as part of the Final Plan.
Task Outcome
🔘 Walk Audit Summary for Nineteen (19) Schools
🔘 MUTCD Consistency Memo for Schools and Key Destinations Task 6 – Neighborhood Electric Vehicles (NEV) Circulation & Education
Kimley-Horn will assess NEV signage and regulations within the City. Kimley-Horn will compare these regulations with nearby cities (anticipate five cities) and compare them to the latest version of the CA MUTCD standards. Kimley-Horn will develop a NEV Route Map which will identify existing conditions of the current infrastructure to support NEVs (typically comprised of bike lanes and paths), and gaps in the network. The NEV Route Map will include planned improvements such as CV Link connections and upcoming interchange projects. This information will be overlaid with the available collision data involving NEVs. As part of the online community engagement campaign identified under Task 4.2, NEV Education will be an important part of the recorded educational presentations. The NEV Recommendations Memorandum will provide recommendations for NEV signage, regulations, and infrastructure. NEV Existing Conditions Map and Recommendations will be incorporated as part of the Draft & Final Plan (Task 8).
Task Outcomes
🔘 NEV Route Existing Conditions Map 🔘 NEV Recommendations Memorandum 🔘 NEV Public Education Fact Sheet and Map Task 7 – Benefit-Cost Analysis
Based on the collision analysis, high-injury network, roadway profiles, and community feedback, Kimley-Horn will develop proposed safety countermeasures and a prioritized list of low-cost proven strategies. Kimley-Horn will use the safety countermeasures to develop a benefitcost analysis. The benefit cost-analysis will be summarized into a report which will include a prioritized list of safety countermeasures. The prioritized list of safety countermeasures will consider collision patterns and effectiveness, along with feasibility of implementation and cost.
Kimley-Horn will develop concept plans for 5 to 10 projects based on the task budget and according to project scale and complexity. The concepts will show curb, readily available right-of-way information from the Riverside County GIS database, back of walk (if applicable), and proposed design improvements) Concepts plans will be shown as 1”= 40’ and will use a Near-Map aerial as a basemap. It is assumed that no survey or utility coordination will be required, and that concept plans will not be used for construction. It is assumed that this task will not exceed 20 concept plan sheets.
Kimley-Horn will prepare planning-level opinion of probable construction cost (OPCC) for up to 5 or 10 priority projects using recent bid data, Caltrans/industry cost references, and assumptions appropriate for concept-level planning. Estimates will include contingencies and assumptions and will identify traffic control, mobilization, design, environmental/permitting, and right-of-way or utility considerations where applicable. The OPCC will be limited to the information collected through the concept planning stage and therefore higher contingencies will be applied.
Projects will be ranked using criteria developed in coordination with the City and consistent with the City’s existing LRSP methodology, including safety benefit, cost-effectiveness, feasibility, and implementation readiness. The results will be summarized in a Benefit-Cost Analysis Report and prioritized project list.
Task Outcomes
🔘 Benefit-Cost Analysis Report 🔘 Prioritized List of Safety Countermeasures 🔘 Concept Plans and OPCC
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Task 8 – Draft & Final Plan
In collaboration with the City, Kimley-Horn will develop safety policies, programs, and implementation strategies to support the City’s long-term safety goals based on the findings from Tasks 2–7. After approval from the City, the safety policies will be incorporated into the Comprehensive Roadway Safety Plan. The Plan will summarize Tasks 2-7 into the Comprehensive Roadway Safety Plan. The report will be submitted to the City and Kimley-Horn will respond to one round of consolidated City comments to produce the Final Report.
The Final Plan will be developed in accordance with FHWA Safe Streets and Roads for All (SS4A) Comprehensive Safety Action Plan requirements and will include required plan components, prioritized projects, strategies, policies, and implementation actions.
Task Outcomes
🔘 Draft Plan 🔘 Final Plan
Task 9 – City Council Presentation
Following the development of the Final Comprehensive Road Safety Plan, Kimley-Horn will provide a summary presentation of the Comprehensive Roadway Safety Plan for City Council. The presentation shall summarize key findings, safety priorities, recommended countermeasures, and community feedback received through surveys, pop-up events, and outreach activities. Kimley-Horn will attend the City Council meeting, present, and answer City Council’s questions.
Task Outcomes
🔘 City Council Presentation 🔘 City Council Executive Summary
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C. EXPERIENCE AND SIMILAR WORK
With nearly 60 years of service, Kimley-Horn has grown from a small group of transportation planners and traffic engineers to the 10,000+ workforce we are today. We specialize in traffic safety planning and incorporating traffic safety components into our designs. We work with public agencies to evaluate not just where crashes occur, but what conditions contribute to elevated crash activity and what countermeasures can be applied systemically to reduce crash frequency.
Our experienced and technically proficient individuals have completed comprehensive, data-driven traffic safety engineering projects, including Local Road Safety Plans (LRSPs), Systemic Safety Analysis Reports (SSARs), Strategic Highway Safety Plans (SHSPs), bicycle and pedestrian planning, grant writing services, and other transportation engineering-related key services. In fact, our proposed project manager has the RSP certification, a roadway safety certification process that was sponsored by Kimley-Horn.
Kimley-Horn is dedicated to improving multimodal safety for all, and we are experts in traffic safety planning and incorporating traffic safety components into our designs. Our team is experienced in working with public agencies to evaluate not just where crashes occur, but what conditions contribute to elevated crash activity and what countermeasures can be applied systemically to reduce the frequency of crashes.
Specifically, during the planning stage, we typically review existing crash patterns and existing conditions which may elevate the risk of crashes. From there, we identify countermeasures that can be applied systemically throughout an area where those conditions exist to remove higher risk conditions before crashes occur. We then work with our clients to implement the necessary safety treatments and greatly enhance people’s experiences. As you can see in the map outlining our safety experience below, we are more than qualified to carry out the City’s Plan.
Traffic Safety
During the planning stage, we typically review existing crash patterns and existing conditions which may elevate crash risks. From there, we identify countermeasures that can be applied systemically throughout an area where those conditions exist to remove higher-risk conditions before crashes occur. We then work with the agencies to implement the necessary safety treatments and greatly enhance people’s experiences.
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Public and Stakeholder Outreach and Engagement
Kimley-Horn is sensitive to the pivotal role of meaningful public and stakeholder involvement programs that enable stakeholders and area residents to establish their priorities. We understand that some projects require community involvement and acceptance, and we have developed effective methods of bringing the community into the process. Kimley-Horn is strongly committed to conducting public and stakeholder participation programs that educate, inform, and build consensus for a particular solution. Each project is different in terms of the public and stakeholders and the critical issues involved; thus, each public and stakeholder involvement/ outreach program must be tailored to specifically address the project’s needs.
Grant Funding
Our team understands deadlines, requirements, and the scoring criteria for grants and has secured over $1B for our clients over the past 10 years. We have extensive experience in identifying relevant grant and loan opportunities, strategically aligning them with projects, and preparing detailed applications that align the project’s goals with funding criteria. If awarded, Kimley-Horn can skillfully provide funding administration services to make sure the City is in full compliance with any regulations and requirements. Throughout the funding process, our team will maintain communication and provide ongoing support, ensuring a seamless experience for the City.
Relevant Experience
City of Indio, Indio Local Road Safety Plan (LRSP), Indio, CA Kimley-Horn supported the City in developing the LRSP. The LRSP summarized five years of collision data, employed data analysis methods, and identified the top collision locations. The LRSP develops a list of safety actions and improvements and provides opportunities for the City to pursue safety funding programs.
Year: 2022
Relevance to SS4A/Safety Planning: The LRSP is a foundational document for SS4A and safety planning. It becomes a starting point to funding safety projects and to developing the Comprehensive Road Safety Plan.
Key Outcomes: The LRSP was adopted in 2022 and made the City eligible for safety funding through programs like SS4A & HSIP, which they have been successful in securing.
Firm’s Role: Kimley-Horn was the prime consultant who led the development of the LRSP.
City of Indian Wells, SS4A Comprehensive Traffic Safety Action Plan (SAP), Indian Wells, CA
Kimley-Horn prepared a Comprehensive Traffic SAP for the City of Indian Wells with SS4A federal funding. Kimley-Horn conducted stakeholder engagement and safety workshops for the public. Safety vision and goals were developed to guide the focus areas and strategies as part of the efforts. A safety analysis utilizing a statistical network screening applying Highway Safety Manual methods was conducted, and an analysis of racial equity and environmental justice was included in the Safety Action Plan. The plan was adopted; click here to access the Traffic SAP.
Year: 2024
Relevance to SS4A/Safety Planning: Project is a SAP, which identifies safety implementation strategies for Indian Wells.
Key Outcomes: The Traffic SAP was adopted and the City is currently working to implement their Safety Corridors through the City which are currently in design.
Firm’s Role: Kimley-Horn was the prime consultant which included leading the planning and community outreach process.
In addition to the City of Indio’s
LRSP, Kimley-Horn has also
completed various LRSPs throughout
the Coachella Valley including the
Palm Desert LRSP, Coachella LRSP,
and the Desert Hot Springs LRSP.
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City of Palm Springs, South Palm Canyon and Racquet Club Road Bicycle and Pedestrian Improvements, Palm Springs, CA
Kimley-Horn provided the planning, outreach, and design services for a bike lane facility and sidewalk improvements along Racquet Club Road & South Palm Canyon Drive. Along Racquet Club Road, Kimley-Horn developed a fire response study, which reviewed data provided by the Palm Springs Fire Department and determined the change in response times along the project corridor with the proposed project changes.
Kimley-Horn led the community outreach on the project, successfully completing a total of 7 community meetings across the two corridors and helped the City secure over $1.4 million in TDA Article 3 funding through RCTC. Final design plans have been prepared, and the project will be advertised for construction bid before this summer.
Year: 2026 (anticipated completion)
Relevance to SS4A/Safety Planning: Project design implements safety countermeasures in line with the City’s Pedestrian Plan.
Key Outcomes: City received funding and two corridors will be reconfigured with a safety-focused design which integrates bicycle and pedestrian features and traffic calming elements to manage speeds.
Firm’s Role: Prime consultant – planning, outreach, design, construction support City of Bakersfield, Active Transportation Plan (ATP), Bakersfield, CA Kimley-Horn supported the City of Bakersfield in a comprehensive ATP that has informed the City’s Capital Improvement Program. The plan supported the development of a long-term vision for a citywide bicycle and pedestrian system, identify gaps in the current system, and prioritize improvements to provide a more equitable transportation system in preparation for the citywide Vision Zero program. As part of the ATP’s implementation, Kimley-Horn organized and led the Bakersfield Active Transportation Summit and Festival Spotlight, an exciting and creative engagement event that drew over 500 participants. This event successfully engaged a diverse audience, providing information about the ATP while fostering collaboration with local community organizations and stakeholders. Additionally, innovative virtual outreach tools were integrated into the engagement process, helping to shape the Vision Plan. Click here to access the ATP.
Year: 2024
Relevance to SS4A/Safety Planning: The Project included both an ATP and Bicycle and Pedestrian Safety Plan, which addresses safety issues in the City and focused on developing implementable projects.
Key Outcomes: The Project helped the City identify a 10-year CIP which was then used to identify and apply for funding opportunities. The City also has a program to track success of their ATP.
Firm’s Role: Kimley-Horn was the prime consultant which included leading the planning, outreach, and public awareness campaign for the City.
City of Monterey Park, Vision Zero Action Plan (SS4A), Monterey Park, CA Kimley-Horn is developing the Vision Zero Plan for the City of Monterey Park. It is a multi-faceted plan that updates the City’s traffic safety analysis and mitigation toolbox, development of a citywide Active Transportation Plan, a Neighborhood Traffic Calming Plan, a Complete Streets Plan, and a Safe Routes to School Plan. The team is developing a master Vision Zero Action Plan document that incorporates all the individual plans so that the City has one safety focused vision that addresses its multimodal needs and provides economic and health benefits for city residents. The plan also includes an extensive stakeholder and public outreach campaign to raise local awareness of the plan and its goals, and to proactively get suggestions, feedback, and local buy in for proposed projects, policies, programs and implementation priorities.
Year: 2026
Relevance to SS4A/Safety Planning: Project includes development of Safe Routes to School (SRTS) and neighborhood traffic calming plan, complete streets plan, and active transportation plan. Each of these documents will be used to implement projects that enhance safety in the City.
Key Outcomes: (In Process) grant applications for prioritized projects and an adopted Vision Zero Action Plan Firm’s Role: Prime consultant – Kimley-Horn is the prime consultant who is leading the planning and outreach for this work.
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D. PROJECT TEAM AND STAFFING
1. Staffing Table
NAME / ROLE /
% COMMITMENT RELEVANT EXPERIENCE AND KEY PROJECTS
Darryl dePencier,
AICP, GISP, RSP2B
Project Manager
% Commitment: 55%
Darryl has 20 years of experience leading transportation safety projects including over 40 SSARs, LRSPs, and RSAs. His experience ranges from establishing safety policy language, network screening, crash site engineering reviews, and developing countermeasure toolboxes.
Relevant experience includes:
🔘 City of Desert Hot Springs, LRSP, Desert Hot Springs, CA – Project Manager 🔘 City of Coachella, LRSP, Coachella, CA – Project Manager 🔘 Caltrans, Strategic Highway Safety Plan (SHSP) Update and Implementation 2020-2024, Statewide, CA – Project Planner
Jean Fares, PE
Principal-in-Charge
% Commitment: 35%
Jean has more than 37 years of experience managing, designing, and reviewing traffic collision and safety analysis, and local roadway improvement projects.
Relevant experience includes:
🔘 City of Indio, LRSP, Indio, CA – Project Manager
🔘 City of Palm Desert, LRSP, Palm Desert, CA – Project Manager 🔘 City of Riverside, LRSP, Riverside, CA – Principal-in-Charge Jason Melchor, PE
QC/QA Manager
% Commitment: 40%
Jason has over 28 years of experience with traffic engineering projects to complete systematic safety studies, LRSPs, and traffic impact studies and technical analysis for a variety of safety projects, transportation planning projects, parking studies, transit analyses, site plan reviews, and circulation studies.
Relevant experience includes:
🔘 City of Riverside, LRSP, Corona, CA – Project Manager 🔘 City of Rialto, SS4A SAP, Rialto, CA – Project Manager 🔘 City of Corona, LRSP, Corona, CA – Project Manager
Fabian Campos, AICP
Data Collection,
Field Review, and
Technical Analysis Lead
% Commitment: 50%
Fabian has worked on a variety of multimodal transportation projects, zero-emission transition plans, micromobility pilot programs, local, state, and federal grants, and conducted benefit-cost analyses for safety transportation projects.
Relevant experience includes:
🔘 Caltrans, Strategic Highway Safety Plan (SHSP) Update and Implementation 2020-2024, Statewide, CA – Project Planner
🔘 LA Metro, Safe Streets, Data Sharing, and Collaboration Policy and Action Plan, Los Angeles, CA – Project Planner
🔘 City of Rialto, Rialto Safety Action Plan, Rialto, CA – Project Planner and Spanish Interpreter
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Maya Bouchet, AICP
Community Engagement
and Public Education Lead
% Commitment: 55%
Maya is a public engagement and transportation planner with experience in community coordination and outreach, active transportation design, safety planning, and emergency response.
Relevant experience includes:
🔘 City of Palm Springs, Racquet Club Road & South Palm Canyon Bicycle and Pedestrian Improvements Project, Palm Springs, CA – Project Manager 🔘 City of Palm Springs, Pedestrian Crossing Study & Design Project, Palm Springs, CA – Project Manager
🔘 City of Palm Desert, Portola Avenue Neighborhood Mobility Strategies Study and Community Outreach, Palm Desert, CA – Project Manager Zander Dally, AICP, PTP
BCA/Countermeasures Lead
% Commitment: 45%
Zander is a planning professional specializing in roadway safety projects, having contributed to a number of safety action plans, active transportation plans, LRSPs, community engagement, and grant preparation.
Relevant experience includes:
🔘 City of Bakersfield, Active Transportation Plan, Bakersfield, CA – Project Planner 🔘 City of Monterey Park, Vision Zero Action Plan, Monterey Park, CA – Deputy Project Manager 🔘 LA Metro, Safe Streets, Data Sharing, and Collaboration Policy and Action Plan, Los Angeles, CA – Deputy Project Manager
Kameron Qureshi, PE
Engineering and Project
Development Lead
% Commitment: 40%
Kameron’s experience includes overseeing the design and coordination of roadway developments including the design of bike improvements, ADA improvements, intersection improvements, roadway widenings, and grade separations.
Relevant experience includes:
🔘 City of Palm Desert, Traffic Operations and Capacity Improvements Project, Palm Desert, CA – Project Engineer
🔘 City of Desert Hot Springs, Hacienda Avenue Improvement Project, Desert Hot Springs, CA – Project Engineer
🔘 City of Palm Springs, Racquet Club Road & South Palm Canyon Bicycle and Pedestrian Improvements Project, Palm Springs, CA – Civil Design Lead
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Molly Tremblay, EIT
Grant Funding Lead
% Commitment: 30%
Molly has led a variety of state and federal grant applications and has been involved in all stages of grantfunded projects, from the initial studies to concept refinement and design and through to construction. Molly has secured over $100M for California clients in the last 5 years.
Relevant experience includes:
🔘 City of Salinas, John Street/Williams Road Safe Routes to Schools Project and Programming – Funding Lead & Grant Writer
Safe Streets for All (SS4A) Cycle 2 - Awarded $16,000,000 ATP Cycle 7 - Awarded $7,954,000; Perfect Score
🔘 City of Manteca, Grant Writing Services On-Call, Manteca, CA – Project Manager & Grant Writer CMAQ - Citywide Signal Coordination and EV Charging Stations, Awarded $1,310,244 ATP Cycle 7 - Citywide Gap Closure & SRTS, Awarded $3,814,045 🔘 County of San Mateo, Santa Cruz Avenue Complete Street Project, Alameda de Las Pulgas Complete Street Project, and Alpine Road Corridor Improvement Project – Project Manager & Grant Writer
2023 San Mateo County Transportation Authority Pedestrian & Bicycle Program Grant Applications (3) - Awarded $4,990,000 total
2. Organizational Chart
Below and in the following pages, we have provided a table identifying our key staff members assigned to work on this project. We have provided full resumes of our proposed staff in the Appendix so the City can have a more comprehensive understanding of their experience.
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3. Key Personnel Summaries
Darryl dePencier, AICP, GISP, RSP2B
Darryl has been leading transportation safety projects for over 20 years, including over 40 recent SSARs, LRSPs, and RSAs. He has developed a number of tools to root out the spatial relationships between collision events to determine the factors and conditions that increase the probability of vehicle crashes. His experience ranges from establishing safety policy language, to network screening, to crash site engineering reviews, to developing countermeasure toolboxes. Darryl also conducts statistical analyses of crash activity using methods presented in the Highway Safety Manual, the Local Roadway Safety Manual, and customized analyses for unusual locations or conditions. He has worked on studies at the local, regional, statewide, and site-specific levels that incorporate all the four Es of safety (engineering, education, enforcement, and emergency services). Work products include guidance documents, local roadway safety plans, safety thresholds, safety audits, and local countermeasure recommendations.
Jean Fares, PE
Jean has more than 37 years of experience managing, designing, and reviewing traffic collision and safety analysis, and local roadway improvement projects. He has prepared signing and striping plans for more than 300 miles of urban and rural roadways. He has provided traffic signal design at over 2,000 locations, signal system design at over 1,500 locations, and traffic signal timing at over 2,500 locations. In addition, Jean has wide-ranging experience with traffic operations, traffic signal design, transportation management plans, and traffic control plans.
Jason Melchor, PE
Jason has over 28 years of experience in management, design, and review of traffic engineering projects. He has worked with clients across California, including Riverside, San Bernardino, Orange, Los Angeles, San Diego, and Santa Barbara counties to complete systematic safety studies, LRSPs, and traffic impact studies and perform the technical analysis for a variety of safety projects, transportation planning projects, parking studies, transit analyses, site plan reviews, and circulation studies. His traffic engineering experience includes traffic signal design, signing and striping, traffic control, street lighting, and signal interconnect and ITS design plans, and he has served as a key staff member on many transportation studies, traffic and civil engineering design and active transportation projects.
Fabian Campos, AICP
Fabian works on multimodal transportation projects, zero-emission transition plans, micromobility pilot programs, local, state, and federal grants, and benefit-cost analyses for safety transportation projects. Fabian’s broader technical experience includes geospatial analyses, land-use planning, transit-oriented communities, community engagement, and research.
Maya Bouchet, AICP
Maya is a transportation planner with experience in traffic engineering and active transportation projects. She has worked with several cities throughout Southern California, specifically in the Coachella Valley including the cities of Palm Desert, Rancho Mirage, and Palm Springs. She is experienced in conducting and writing feasibility studies for proposed transit and bicycle facilities, and often works on projects that are multi-jurisdictional, requiring stakeholder coordination and public engagement. She combines her planning education with her technical experience to develop understandable concepts for the community. Over the last year, she has led more than 20 community outreach events.
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Zander Dally, AICP, PTP
Zander is a multidisciplinary transportation planner with experience working on active transportation plans, safety studies, ridership studies, transit feasibility studies, station area plans, long range transportation planning, and grant preparation projects. Zander has technical skills in mapping and spatial analysis, graphic design, travel demand modeling, and statistical analysis.
Kameron Qureshi, PE
Kameron has comprehensive experience in civil engineering, traffic management, and drainage design for diverse roadway projects. His proficiency extends to overseeing the design and coordination of utilities, particularly in the context of roadway developments as well as design of American with Disabilities Act (ADA) improvements, roadway widenings, and bike, park, and intersection improvements. Additionally, Kameron is adept at developing intricate traffic control plans and delivering precise cost estimates for public road projects. Kameron’s multifaceted skill set, and in-depth understanding of civil engineering principles, positions him as a valuable asset in the successful execution of complex infrastructure initiatives.
Molly Tremblay, EIT
Molly has experience in multidisciplinary municipal and transportation projects. Molly has a proclivity for communicating complex design issues to stakeholders and community members. Molly has leveraged this ability into a successful approach to grant writing through passionate storytelling backed by compelling data. Molly has led a variety of state and federal grant applications, winning more than $55M in grant funding over the last five years. Molly has been involved in all stages of grant-funded projects, from the initial studies to concept refinement and design and through to construction.
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E. FEDERAL AND STATE GRANT FUND PROJECT EXPERIENCE
Kimley-Horn understands that obtaining successful funding and the identification of potential public and private sources is critical to the City’s projects. Our team possesses a wealth of funding and technical expertise that allows us to help our clients identify grant programs and analyze competitiveness. We have serviced other California municipalities in securing federal, state, and regional grant funds for public safety agencies, infrastructure improvements, parks, recreation, technology, community development, and capital assets. We often deal with the complex regulations tied to the local use of federal funding and have been successful in obtaining grants for many municipalities.
Our team understands deadlines, requirements, and scoring criteria for grants, and we have a recognized record of assisting staff and maximizing funding opportunities. In fact, our grant writing experience has helped our clients in California secure more than $1 billion over the past 10 years through various programs including the Highway Safety Improvement Program (HSIP), Active Transportation Program (ATP), Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Discretionary Grant, Clean CA Program, Integrated Regional Water Management (IRWM) grant program, Safe Streets for All (SS4A), and more.
Port of Hueneme, North Terminal Shore Power CMAQ Grant Administration & Environmental Services, Port of Hueneme, CA
Kimley-Horn is providing comprehensive grant management services for the Port of Hueneme’s CMAQ Grant, which will support implementation of the North Terminal Shore Power Project aimed at enhancing sustainability and complying with California Air Resources Board regulations. In addition to providing grant management services, due to the project’s use of federal grant funds, Kimley-Horn provided additional environmental services to the Port under the contract. At the request of Caltrans, the Port was required to demonstrate the project would comply with NEPA before CMAQ Grant funds could be used for the project construction. Kimley-Horn supported the Port in successfully receiving environmental clearance and authorization to advertise for construction.
City of Monterey Park, Local Road Safety Plan (LRSP) & Vision Zero Action Plan, Monterey Park, CA
Kimley-Horn supported the City in developing their LRSP and in applying for SS4A funds for a Vision Zero Action Plan. With Kimley-Horn’s support, the City successfully secured $957,000 for the Vision Zero Action Plan. As part of the Vision Zero Action Plan, KimleyHorn is leading the planning and outreach and supporting the City in grant compliance with producing quarterly reports and other grant required documents.
City of Riverside, HSIP Cycle 11 Grant for Citywide Signal Improvements and Mission Inn Avenue Median Project, Riverside, CA
Kimley-Horn prepared a Cycle 11 HSIP grant application for the City of Riverside to install retro-reflective signal backplates, implement Leading Pedestrian Interval (LPI) timing at all signals citywide, and construct a raised median along Mission Inn Avenue from Redwood Drive to Scout Lane. The project cost was estimated to be $9,018,200, and the City of Riverside was awarded $7,815,420 in funding for the project.
City of Santa Cruz, LRSP,
Santa Cruz, CA
Kimley-Horn developed an LRSP for the City of Santa
Cruz. The plan included an evaluation of best safety
practices and common safety challenges in the City.
We included a customized toolbox of countermeasures
that address the most common local challenges that
align with statewide funding priorities. Kimley-Horn
supported the City with securing $395,000 in SS4A
Action Plan grant for development of a comprehensive
SS4A and conducted temporary demonstration activities
at 25 locations.
I’ve loved working with Kimley-Horn on this project.
They have done a great job keeping the project moving
on time and on budget. The team has also been great to
work with. Their work is high quality, communication
clear, and product is immediately usable. They went the extra mile in assisting us with two HSIP applications
this cycle based on their draft report, and we would
have been unable to take on the extra work of those
without their help. I’d highly recommend their team.
– Claire Gallogly, Transportation
Planner, City of Santa Cruz
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City of Lancaster, HSIP, SS4A, ATP Grant Support, Lancaster, CA Kimley-Horn has been working with the City of Lancaster for several years, performing roadway design, transportation planning services, and grant writing services. Our team supported the development of the Lancaster Safer Streets Action Plan, which was the City of Lancaster’s first comprehensive citywide traffic safety plan. As a follow-up effort, we prepared the City of Lancaster’s Local Road Safety Plan and Program and provided subsequent implementation support. We continue to support the City of Lancaster in focused safety efforts, including their Safe Routes to School Plan, complete streets design, and grant applications. Through our grant application work, the City of Lancaster was awarded $19,652,736 in SS4A grant funds for the Equitable Complete Streets for Challenger Way Corridor project as well as $5,780,610 in HSIP Cycle 11 grant funds for signal system, pedestrian crossing, and lighting upgrades.
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F. SCHEDULE
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G. INNOVATION, VALUE-ADDED APPROACH, LOCAL EXPERIENCE
Kimley-Horn brings innovative ideas and additional value to the Indio Comprehensive Road Safety Plan. We have supported many local and regional agencies in the Coachella Valley, which are discussed in greater detail below:
PublicCoordinate – For this project, we have included an optional task for PublicCoordinate, which is a proprietary Kimley-Horn interactive mapping software and an online
community engagement tool which enables cities to share project information with the public through an interactive map and gather community feedback in an accessible way.
This tool offers enhanced capabilities such as comment
input, toggling between multiple project locations and
base maps, Americans with Disabilities Act (ADA) web
accessibility, custom branding, and survey integration.
The website features integrated translation services
so community members can select their preferred
language. Its online platform is user-friendly, making it easy for the public to provide input and visualize what their communities would look like with proposed transit, roadway, development, or infrastructure improvements.
Predictive Analysis – Included in our optional tasks are collision profiles. Developing collision profiles allows us to model typical intersections in the city based on roadway geometry, crash history, and to determine potential crash reduction with implementation safety countermeasures.
This tool can support decision making and identify effective improvements at priority locations.
Safety Dashboard – As a measure of tracking progress, we have proposed a safety dashboard which will ingest collision data and present them in simple metrics to track program progress. The safety dashboard integrates artificial intelligence (AI) to analyze crashes and match with best suited funding sources and track outcomes.
Image is a mock up of a dashboard
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Public Awareness Campaigns – Kimley-Horn has a creative team of graphic designers. Together, we develop safety public awareness campaigns. These campaigns can utilize various methods to spread awareness including giveaways such as stickers or in-bus inserts and signage in public places. Below is an example we developed. Public awareness campaigns are highly collaborative, often involving input and support from multiple City departments.
Recurring Support to Track Safety Initiatives – We’ve identified a recurring support task which can be paired with the safety dashboard development. The task is intended to provide recurring support following the adoption of the Comprehensive Road Safety Plan. The recurring support can help the City track progress of the performance metrics identified in the plan and eligibility for funding opportunities.
Local Experience
City of Palm Springs
Kimley-Horn is part of the City of Palm Springs’ Traffic Engineering On-Call Services Contract. Kimley-Horn supports the City in a variety of projects including pedestrian and bicycle improvement projects, pedestrian crossing enhancements, traffic signal timing, traffic study preparation, traffic control plans, and a variety of other traffic engineering and transportation projects.
Recent Projects
🔘 Racquet Club Road & South Palm Canyon Bicycle and Pedestrian Improvements Project
🔘 Downtown Pedestrian Crossing Enhancements
🔘 Highway Safety Improvement Program (HSIP) Cycle 11
City of Palm Desert
Kimley-Horn is an On-Call Traffic Engineering consultant for the City of Palm Desert. As part of this contract, Kimley-Horn has led comprehensive engagement programs focused on roadway safety and traffic calming strategies. Kimley-Horn reviews traffic control plans for the City providing input on design, operations, and compliance with industry standards.
Recent Projects
🔘 Portola Avenue Neighborhood Mobility Plan
🔘 De Anza Way & Frank Sinatra Drive Mobility Plan
🔘 Dinah Shore Roundabouts Review & Quick Build Improvements
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City of Indian Wells
Kimley-Horn has supported the City on Indian Wells on multiple projects. Kimley-Horn is part of the City’s On-Call Civil Engineering contract and has supported the City in transportation projects such as the Comprehensive Traffic Safety Action Plan.
Recent Projects
🔘 Comprehensive Traffic Safety Action Plan
🔘 Miles Avenue Intersection Improvements Project
🔘 Local Roads Paving Project
🔘 Golf Course Parking Lot Improvements Project
🔘 Intersection Pavement Improvements
City of Desert Hot Springs
Kimley-Horn has supported the City of Desert Hot Springs in a variety of transportation and roadway improvements.
Recent Projects
🔘 City of Desert Hot Springs Local Road Safety Plan (LRSP) 🔘 Hacienda Avenue Street Improvements Projects
🔘 Various ADA Accessibility Improvements Project
City of Coachella
Kimley-Horn has supported the City of Coachella with various planning efforts focused on enhancing transportation safety and mobility throughout the City.
Recent Projects
🔘 Dillon Road at Avenue 44 All-Way Stop Warrant Analysis 🔘 Coachella Local Road Safety Plan (LRSP) Coachella Valley Association of Governments (CVAG)
Kimley-Horn has supported CVAG in several projects focused on developing guiding principles for the agency. Additionally, Kimley-Horn has supported cities of Palm Springs & Palm Desert in coordinating with CVAG for the CV Link & CV Sync Programs.
Recent Projects
🔘 CVAG Regional Arterial Program Policies and
Procedures Manual Update
🔘 Coachella Valley Regional Vehicle Miles Traveled Study Riverside County
Kimley-Horn has supported Riverside County in several projects through both the planning and design phase.
Recent Projects
🔘 Cabazon Connector Road 🔘 Mission Bridge Road Widening 🔘 91 Express Lanes PSR/PDS Caltrans District 8
Kimley-Horn has supported Caltrans through several projects and worked with them as an oversight agency.
Recent Projects
🔘 I-10 Mount Vernon PA&ED and PS&E 🔘 I-15/Temescal Canyon Road PSR-PDS 🔘 I-210 Victoria PA&ED
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H. COST
As instructed in the RFP, the cost proposal is submitted as a separate PDF file.
APPENDIX
We have provided full resumes of our proposed key staff in the Appendix on the following pages.
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Professional Credentials
` Master of Science, Urban
Spatial Analytics, University
of Pennsylvania
` Bachelor of Arts,
Geography, Carleton
University, Ottawa, Canada
` Certificate of Geographic
Information Systems,
Algonquin College
` American Institute of Certified
Planners #026552
` Geographic Information
Systems Professional #59317
` Road Safety
Professional 1 #279
` Road Safety
Professional 2B #17
Darryl dePencier, AICP, GISP, RSP2B
Project Manager
Darryl has been leading transportation safety projects for over 20 years, including over 40 recent SSARs, LRSPs, and RSAs. He has developed a number of tools to root out the spatial relationships between collision events to determine the factors and conditions that increase the probability of vehicle crashes. His experience ranges from establishing safety policy language, to network screening, to crash site engineering reviews, to developing countermeasure toolboxes. Darryl also conducts statistical analyses of crash activity using methods presented in the Highway Safety Manual, the Local Roadway Safety Manual, and customized analyses for unusual locations or conditions. He has worked on studies at the statewide, regional, local, and site-specific levels that incorporate all of the four Es of safety (engineering, education, enforcement, and emergency services). Work products include guidance documents, local roadway safety plans, safety thresholds, safety audits, and local countermeasure recommendations.
RELEVANT EXPERIENCE
🔘 City of Indian Wells, SAP, Indian Wells, CA – Project Manager 🔘 City of Riverside, LRSP, Riverside, CA – Project Planner 🔘 City of Perris, LRSP, Perris, CA – Project Manager
🔘 City of Rialto, SS4A SAP, Rialto, CA – Project Planner 🔘 City of Ontario, SS4A SAP, Ontario, CA – Project Planner 🔘 City of Eastvale, LRSP, Eastvale, CA – Project Manager 🔘 Caltrans, Vulnerable Road User Safety Assessment, Statewide, CA – Project Manager 🔘 Caltrans, California SHSP Update and Implementation, Statewide, CA – Project Planner 🔘 Caltrans, 2020-2024 Strategic Highway Safety Plan, Statewide, CA – Project Planner 🔘 Caltrans, Local Development Safety Review Guidelines, Statewide, CA – Project Manager
🔘 Caltrans, Safety Performance Measure Target Setting Analysis, Statewide, CA – Project Planner
🔘 City of Desert Hot Springs, LRSP, Desert Hot Springs, CA – Project Manager 🔘 City of Palm Desert, SRTS Program Development and Funding, Palm Desert, CA – Project Manager
🔘 City of Bakersfield, Active Transportation Plan, Bakersfield, CA – Project Manager 🔘 City of Los Angeles, Vision Zero Program Independent Evaluation, Los Angeles, CA – Project Planner
🔘 City of Tracy, LRSP, Tracy, CA – Project Manager
🔘 County of Ventura, LRSP and Box Canyon Road RSA, Ventura County, CA – Project Manager
🔘 City of Ventura, Citywide SSARP Ventura, CA – Project Planner 🔘 City of Santa Clarita, Citywide SSAR, Santa Clarita, CA – Project Planner 🔘 City of Goleta, Traffic Safety Study for SSAR Program and LRSP, Goleta, CA – Project Planner
🔘 City of Goleta, Vision Zero Strategy, Goleta, CA – Project Planner 🔘 City of Santa Clarita, Professional Services for Development of LRSP, Santa Clarita, CA – Project Planner
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Professional Credentials
` Bachelor of Science,
Architecture, California
State Polytechnic
University, Pomona
` Professional Traffic Engineer in
California No. 2097
Jean has more than 37 years of experience managing, designing, and reviewing traffic collision and safety analysis, and local roadway improvement projects. He has prepared signing and striping plans for more than 300 miles of urban and rural roadways. He has provided traffic signal design at over 2,000 locations, signal system design at over 1,500 locations, and traffic signal timing at over 2,500 locations. In addition, Jean has wide-ranging experience with traffic operations, traffic signal design, transportation management plans, and traffic control plans.
RELEVANT EXPERIENCE
🔘 City of Indio, LRSP, Indio, CA – Project Manager
🔘 City of Palm Desert, LRSP, Palm Desert, CA – Project Manager 🔘 City of La Quinta, Engineering Services for the Preparation of a Systemic Safety Analysis Report (SSAR), La Quinta, CA – Project Manager 🔘 City of Riverside, LRSP, Riverside, CA – Principal-in-Charge 🔘 City of Menifee, LRSP, Menifee, CA – QC/QA Manager
🔘 City of Eastvale, SSAR, Eastvale, CA – QC/QA Manager
🔘 City of Eastvale, LRSP, Eastvale, CA – QC/QA Manager
🔘 City of Perris, LRSP, Perris, CA – QC/QA Manager
🔘 City of Corona, LRSP, Corona, CA – Principal-in-Charge 🔘 City of Santa Clarita, Local Roadway Safety Plan (LRSP), Santa Clarita, CA – Project Manager
🔘 City of Goleta, Vision Zero Strategy, Goleta, CA – Principal-in-Charge 🔘 City of Monterey Park, LRSP, Monterey Park, CA – Project Manager 🔘 City of Costa Mesa, Development of a SS4A Action Plan, Costa Mesa, CA – Principal-in-Charge
🔘 City of Palmdale, Palmdale Sustainable Transportation Plan, Palmdale, CA – Principal-in-Charge
🔘 City of Compton, LRSP, Compton, CA – Project Manager
🔘 County of Ventura, LRSP, Ventura County, CA – Principal-in-Charge 🔘 County of Los Angeles, On-Call Traffic Design and Operational Support Services, Los Angeles County, CA – Project Manager
🔘 County of Imperial, SSAR for Varied Roadways, Imperial County, CA – Project Manager 🔘 Ventura County Public Works Agency (VCPWA), LRSP and Box Canyon Road RSA, Ventura County, CA – Principal-in-Charge
Jean Fares, PE
Principal-in-Charge
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Professional Credentials
` Bachelor of Science, Civil
Engineering, University of
California, Irvine
` Professional Civil Engineer in
California No. 65218
Jason has over 28 years of experience in management, design, and review of traffic engineering projects. He has worked with clients across California, including Riverside, San Bernardino, Orange, Los Angeles, San Diego, and Santa Barbara counties to complete systematic safety studies, LRSPs, and traffic impact studies and perform the technical analysis for a variety of safety projects, transportation planning projects, parking studies, transit analyses, site plan reviews, and circulation studies. His traffic engineering experience includes traffic signal design, signing and striping, traffic control, street lighting, and signal interconnect and ITS design plans, and he has served as a key staff member on many transportation studies, traffic and civil engineering design and active transportation projects.
RELEVANT EXPERIENCE
🔘 City of Palm Desert, LRSP, Palm Desert, CA – Project Engineer 🔘 City of La Quinta, SSAR, La Quinta, CA – Project Engineer 🔘 City of Indian Wells, SAP, Indian Wells, CA – Project Engineer 🔘 City of Perris, LRSP, Perris, CA – Project Engineer
🔘 City of Moreno Valley, RSA/Roadway Safety Signing Audit (RSSA), Moreno Valley, CA – Project Engineer
🔘 City of Rialto, SS4A SAP, Rialto, CA – Project Manager 🔘 City of Riverside, LRSP, Riverside, CA – Project Manager 🔘 City of Riverside, VMT Mitigation Banking Study, Riverside, CA – Principal-in-Charge 🔘 City of Corona, LRSP, Corona, CA – Project Manager
🔘 City of Ontario, SS4A SAP, Ontario, CA – Project Manager 🔘 City of Menifee, LRSP, Menifee, CA – Project Engineer 🔘 City of Eastvale, SSAR, Eastvale, CA – Project Engineer 🔘 City of Eastvale, LRSP, Eastvale, CA – Project Engineer 🔘 City of Costa Mesa, LRSP, Costa Mesa, CA – Project Engineer 🔘 City of Anaheim, LRSP, Anaheim, CA – Project Manager
🔘 City of Orange, LRSP, Orange, CA – Project Manager
🔘 City of Seal Beach, LRSP, Seal Beach, CA – Project Manager 🔘 City of San Clemente, LRSP, San Clemente, CA – Project Engineer 🔘 City of Whittier, LRSP, Whittier, CA – Project Manager and Project Engineer 🔘 City of Artesia, LRSP, Artesia, CA – Project Engineer 🔘 City of Maywood, LRSP, Maywood, CA – Project Engineer 🔘 City of Goleta, Vision Zero Strategy, Goleta, CA – Project Manager 🔘 County of Ventura, LRSP, Ventura County, CA – Project Engineer Jason Melchor, PE
QC/QA Manager
City of Indio TRCALAD014953.2026 R3
Professional Services Agreement with Kimley-Horn and Associates, Inc. fo... Page 230 of 2236 City of Indio TRCALAD014953.2026 R4
The Comprehensive Road Safety Action Plan
Proposal For
City Project Number: PL2601
Professional Credentials
` Master of Science, Urban and
Regional Planning, University
of California, Los Angeles
` Bachelor of Science,
Sociology, Grinnell College
` American Institute of Certified
Planners #242006
Fabian works with public and private clients on equitable strategies and implementation, providing nuanced understanding of markets, the federal legislative process, and regulatory environment to plan, design, and develop projects that advance mobility outcomes for communities. With nearly a decade of experience, Fabian has worked on multimodal transportation projects, zero-emission transition plans, micromobility pilot programs, local, state, and federal grants, and benefitcost analyses for regional safety transportation projects. Fabian’s broader technical experience includes geospatial analyses, land-use planning, transit-oriented communities, community engagement, and research.
RELEVANT EXPERIENCE
🔘 City of Rialto, Rialto Safety Action Plan, Rialto, CA – Project Planner & Spanish Interpreter 🔘 LA Metro, Safe Streets, Data Sharing, and Collaboration Policy and Action Plan, Los Angeles, CA – Project Planner
🔘 City of Glendale, Glendale Speed Safety System Pilot Project Program, Glendale, CA – Project Planner and Spanish Interpreter
🔘 City of Costa Mesa, of Safe Routes to School Action Plan, Costa Mesa, CA – Project Analyst
🔘 City of Mount Shasta, Safe Streets and Roads for All (SS4A) Comprehensive Safety Action Plan, Mount Shasta, CA – Project Analyst
🔘 City of Modena, Active Transportation Plan and American with Disabilities Act (ADA) Transition Plan, Modena, CA – Spanish Interpreter
🔘 City of Buena Park, Buena Park Safe Routes to School Action Plan, Buena Park, CA – Project Analyst and Spanish Interpreter/Translator
🔘 City of Goleta, Reconnecting Communities Pilot (RCP) Grant Program (RCP), Goleta, CA – Lead Grant Writer
🔘 SBCAG, Solutions for Congested Corridors Program (SCCP) Grant, Santa Barbara, CA – Grant Writer
🔘 SBCAG, Trade Corridor Enhancement Program (TCEP) Grant, Santa Barbara, CA – Grant Writer
🔘 SLOCOG, Regional VMT Mitigation Program, San Luis Obispo County, CA – Project Manager
🔘 City of Bakersfield, Old Town Kern Core Area Vision Plan, Bakersfield, CA – Project Analyst
🔘 City of Paso Robles, Trade Corridor Enhancement Program (TCEP) Grant, Paso Robles, CA – Lead Grant Writer
🔘 Fresno COG, Regional VMT Mitigation Program Study, Fresno, CA – Project Manager 🔘 StanCOG, RTP/SCS including Regional VMT Bank Element for the SCS, Stanislaus County, CA – Project Manager
🔘 Contra Costa Transportation Authority (CCTA), Safe Routes to Transit and Bay Trail Program (SR2TBT) Project Grant, Moraga, CA – Equity Lead 🔘 CCTA, Roadway Safety Plan, Moraga, CA – Project Analyst Fabian Campos, AICP
Data Collection, Field Review, and Technical Analysis Lead City of Indio TRCALAD014953.2026 R4
Professional Services Agreement with Kimley-Horn and Associates, Inc. fo... Page 231 of 2236 City of Indio TRCALAD014953.2026 R5
The Comprehensive Road Safety Action Plan
Proposal For
City Project Number: PL2601
Maya is a transportation planner with experience in traffic engineering and active transportation projects. She has worked with several cities throughout Southern California, specifically in the Coachella Valley including the cities of Palm Desert, Rancho Mirage, and Palm Springs. She is experienced in conducting and writing feasibility studies for proposed technology enhancements, transit and bicycle facilities, and often works on projects that are multi-jurisdictional, requiring stakeholder coordination and public engagement. Maya develops planning documents including bike facility feasibility studies, transit feasibility studies, and ITS master plans. She combines her planning education with her technical experience to develop understandable concepts for the community. Over the last year, she has led more than 20 community outreach events.
RELEVANT EXPERIENCE
🔘 City of Palm Springs, Racquet Club Road Reconfiguration Project, Palm Springs, CA – Project Manager
🔘 City of Palm Springs, South Palm Canyon Road Reconfiguration Project, Palm Springs, CA – Project Manager
🔘 City of Palm Springs, TMC Troubleshooting and Timing Plan Review, Palm Springs, CA – Project Planner
🔘 City of Palm Springs, HSIP Cycle 9 Traffic Signal Improvements, Palm Springs, CA – Project Planner
🔘 City of Palm Springs, Citywide Engineering and Traffic Survey (E&TS), Palm Springs, CA – Project Analyst
🔘 City of Palm Desert, Portola Avenue Neighborhood Mobility Strategies Study, Palm Desert, CA – Project Manager
🔘 City of Palm Desert, De Anza Way & Frank Sinatra Drive Neighborhood Mobility Strategies Study, Palm Desert, CA – Project Manager
🔘 City of Rancho Mirage, Design of Traffic Signal Interconnect Improvements, Rancho Mirage, CA – Project Planner
🔘 City of Palm Springs, Traffic Engineering Services, Palm Springs, CA – Project Analyst 🔘 City of Palm Desert, Traffic Operations and Capacity Improvements Project, Palm Desert, CA – Project Planner
🔘 City of Monterey Park, Vision Zero Action Plan (SS4A), Monterey Park, CA – Project Planner
🔘 City of Santa Clarita, Development of Local Roadway Safety Plan (LRSP), Santa Clarita, CA – Project Planner
🔘 City of Santa Clarita, Newhall Bike Boulevard, Santa Clarita, CA – Project Manager 🔘 City of San Bernardino, PS&E Upgrade Various Signal Hardware - 224 Intersections, San Bernardino, CA – Project Planner
🔘 City of Glendale, La Crescenta Road Rehabilitation Study, Glendale, CA – Project Manager
🔘 City of Thousand Oaks, Thousand Oaks Boulevard Pedestrian Crossing Project, Thousand Oaks, CA – Project Planner
🔘 City of Calabasas, Lost Hills Road and Agoura Road Bike Lane Design, Calabasas, CA – Project Manager
Maya Bouchet, AICP
Community Engagement and Public Education Lead
Professional Credentials
` Bachelor of Science,
Policy Planning and
Development, University of
Southern California
` American Institute of Certified
Planners No. 34252
City of Indio TRCALAD014953.2026 R5
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The Comprehensive Road Safety Action Plan
Proposal For
City Project Number: PL2601
Professional Credentials
` Master of Science, Urban and
Regional Planning, Florida
State University
` Bachelor of Science,
International Relations, Florida
State University
` American Institute of Certified
Planners No. 33893
` Professional Transportation
Planner No. 952
Zander is a multidisciplinary transportation planner with experience working on active transportation plans, safety studies, ridership studies, transit feasibility studies, station area plans, long range transportation planning, and grant preparation projects. Zander has technical skills in mapping and spatial analysis, graphic design, travel demand modeling, and statistical analysis.
RELEVANT EXPERIENCE
🔘 Caltrans, Vulnerable Road User Safety Assessment, Statewide, CA – Project Planner 🔘 LA Metro, Safe Streets, Data Sharing, and Collaboration Policy and Action Plan, Los Angeles, CA – Deputy Project Manger
🔘 City of Monterey Park, Monterey Park Vision Zero Action Plan, CA – Deputy Project Manager
🔘 City of Palm Desert, Rail Feasibility Study, Palm Desert, CA – Project Planner 🔘 City of Eastvale, LRSP, Eastvale, CA – Project Planner 🔘 City of Menifee, LRSP, Menifee, CA – Project Analyst
🔘 City of Monterey Park, Vision Zero Acton Plan (SS4A) , Monterey Park, CA – Project Analyst
🔘 City of Bakersfield, Active Transportation Plan, Bakersfield, CA – Project Planner 🔘 City of Culver City, MOVE Culver City Independent Data Validation, Culver City, CA – Project Manager
🔘 City of Costa Mesa, Local Road Safety Plan (LRSP), Costa Mesa, CA – Project Planner 🔘 City of Seal Beach, LRSP, Seal Beach, CA – Project Analyst 🔘 City of Alhambra, LRSP, Alhambra, CA – Project Analyst 🔘 City of Compton, LRSP, Compton, CA – Project Analyst
🔘 City of Temple City, LRSP, Temple City, CA – Project Analyst 🔘 City of Goleta, LRSP, Goleta, CA – Project Analyst
🔘 City of Roseville, LRSP, Roseville, CA – Project Analyst 🔘 City of Tracy, LRSP, Tracy, CA – Project Analyst
🔘 City of Santa Maria, LRSP, Santa Maria, CA – Project Analyst 🔘 City of Montebello, Bus Stop Improvement Project, Montebello, CA – Deputy Project Manager
🔘 City of Alhambra, Alhambra Community Transit Ridership Study, Alhambra, CA – Project Manager
🔘 San Gabriel Valley Council of Governments (SGVCOG), San Gabrial Valley Transit Study, San Gabriel Valley, CA – Project Analyst
🔘 SGVCOG, Active Transportation Program Grant Writing Services, Irwindale, CA – Project Planner
🔘 City of Palmdale, Sustainable Transportation, Palmdale, CA – Project Analyst 🔘 LA Metro, North Hollywood to Pasadena BRT Planning and Environmental Study, Los Angeles, CA – Project Planner
Zander Dally, AICP, PTP
BCA/Countermeasures Lead
City of Indio TRCALAD014953.2026 R6
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The Comprehensive Road Safety Action Plan
Proposal For
City Project Number: PL2601
Professional Credentials
` Bachelor of Science, Civil
Engineering, California
State Polytechnic
University, Pomona
` Professional Civil Engineer in
California No. 92631
Kameron has 11 years of comprehensive experience in civil engineering, traffic management, and drainage design for diverse roadway projects. His proficiency extends to overseeing the design and coordination of utilities, particularly in the context of roadway developments as well as design of American with Disabilities Act (ADA) improvements, roadway widenings, and bike, park, and intersection improvements. Additionally, Kameron is adept at developing intricate traffic control plans and delivering precise cost estimates for public road projects. Kameron’s multifaceted skill set, and in-depth understanding of civil engineering principles, positions him as a valuable asset in the successful execution of complex infrastructure initiatives.
RELEVANT EXPERIENCE
🔘 City of Palm Desert, Traffic Operations and Capacity Improvements Project, Palm Desert, CA – Project Engineer
🔘 City of Desert Hot Springs, Hacienda Avenue Improvement Project, Desert Hot Springs, CA – Project Engineer
🔘 City of Banning, Hargrave Grade Separation Professional Design Services, Banning, CA – Project Engineer
🔘 City of Jurupa Valley, Pedley Road and Jurupa Road Intersection Analysis, Jurupa Valley, CA – Project Analyst
🔘 City of Beaumont, Pennsylvania Avenue Widening, Beaumont, CA – Project Analyst 🔘 Riverside County Transportation Department, Mission Boulevard Bridge Replacement, Riverside, CA – Project Analyst
🔘 Meridian March Business Center, South Campus and Van Buren Boulevard Improvements, Riverside, CA – Project Analyst
🔘 City of Ontario, Ontario Ranch Road Bridge, Ontario, CA – Project Analyst 🔘 City of Corona, McKinley Street Grade Separation, Corona, CA – Project Analyst 🔘 County of Orange, OC Parks, OC Loop - Segments D, F & H, Orange, CA – Project Engineer
🔘 City of Anaheim, Gene Autry Way Improvements & State College Blvd. Improvements (West Side), Anaheim, CA – Project Analyst
🔘 City of El Monte, Ramona Boulevard at Valley Boulevard Intersection Improvement Project, El Monte, CA – Project Analyst
🔘 City of Santa Ana, Warner Ave Street and Storm Drain Improvements (Oak Street to Wright Street), Santa Ana, CA – Project Analyst
🔘 City of Santa Ana, South Main Street Corridor Improvements, Santa Ana, CA – Project Analyst
🔘 City of Santa Ana, Santa Ana Boulevard & 5th Street Protected Bike Lane PS&E, Santa Ana, CA – Project Analyst
🔘 City of San Diego, Market and Euclid Complete Streets, San Diego, CA – Project Analyst 🔘 City of Santa Monica, Lincoln Neighborhood Corridor Streetscape Project (LiNC), Santa Monica, CA – Project Analyst
🔘 City of Marina, Imjin Parkway Widening Project, Marina, CA – Project Analyst 🔘 OCTA, Preliminary Engineering and Environmental Documentation for 17th Street Grade Separation Project, Orange County, CA – Project Analyst Kameron Qureshi, PE
Engineering and Project Development Lead
City of Indio TRCALAD014953.2026 R7
Professional Services Agreement with Kimley-Horn and Associates, Inc. fo... Page 234 of 2236 City of Indio TRCALAD014953.2026 R8
The Comprehensive Road Safety Action Plan
Proposal For
City Project Number: PL2601
Professional Credentials
` Bachelor of Science, Structural
Engineering, University of
California, San Diego
Molly is a young professional with a passion for projects that benefit communities through safety, equity, and active transportation focused design. Molly has experience in multidisciplinary municipal and transportation projects, as well as private site developments. Molly has excellent written and verbal communication skills, and a proclivity for communicating complex design issues to stakeholders and community members. Molly has leveraged this ability into a successful approach to grant writing through passionate storytelling backed by compelling data. Molly has led a variety of state and federal grant applications, winning more than $55M in grant funding over the last five years. Molly has been involved in all stages of grant-funded projects, from the initial studies to concept refinement and design and through to construction.
Molly has also been involved in a range of projects including planning and final design of bikeways, bicycle and pedestrian facility intersection designs, complete streets, roundabouts, roadway alignments, curb extensions, accessibility upgrades, and parks. Her work with these projects includes intersection control evaluations, safety analysis, public outreach and community workshops, horizontal and vertical design, ADA accessible grading, wet and dry utility plans, and collaborating with clients and local agencies to develop innovative solutions that effectively address design challenges.
RELEVANT EXPERIENCE
🔘 City of Palm Desert, Traffic Operations and Capacity Improvements Project, Palm Desert, CA – Project Analyst
🔘 CVAG, VMT Banking Study, Coachella Valley, CA – Project Analyst 🔘 City of Roseville, LRSP, Roseville, CA – Project Analyst 🔘 City of Folsom, Folsom-Placerville Rail Trail Gap Closure (Regional and Statewide) Folsom, CA – Project Manager and Grant Writer
🔘 City of West Sacramento, Highway Safety Improvement Program (HSIP) Cycle 9 Federal Projects: Traffic Safety Improvements, West Sacramento, CA – Civil Design Support
🔘 City of Santa Cruz, Local Grant Program, Watsonville, CA – Grant Specialist 🔘 City of Salinas, Harden Parkway Path & Safe Routes to School Project ATP Cycle 6 Grant Application, Salinas, CA – Grant Writer
🔘 City of King, San Antonio Drive Path & Safe Routes to Schools ATP Cycle 6 Grant Application Assistance, King City, CA – Grant Writer
🔘 San Mateo County Transportation Authority, Pedestrian & Bicycle Program Grant Applications (3), Unincorporated San Mateo, CA – Project Manager and Grant Writer 🔘 County of San Mateo, Santa Cruz Avenue & Alameda de Las Pulgas Improvement Project ATP Cycle 6 Grant Application (Regional and Statewide), Unincorporated San Mateo, CA – Project Manager and Grant Writer
🔘 City of King, US 101 & San Antonio Drive Roundabout Improvements Project 2023 RSTP Grant Application Assistance, King City, CA – Grant Writer Molly Tremblay, EIT
Grant Funding Lead
City of Indio TRCALAD014953.2026 R8
Professional Services Agreement with Kimley-Horn and Associates, Inc. fo... Page 235 of 2236
CONTACT
Darryl dePencier, AICP, GISP, RSP1, RSP2B
[email protected]
213.261.4039
36-951 Cook Street, Unit 103
Palm Desert, CA 92211
www.kimley-horn.com
The entirety of this proposal, including text and
images, is the property of Kimley-Horn and Associates,
Inc., protected under US copyright law.
Copyright © 2026 Kimley-Horn and Associates, Inc.
Professional Services Agreement with Kimley-Horn and Associates, Inc. fo... Page 236 of 2236 PSA Revised 1/2025
1 | Page
Exhibits
EXHIBIT “B”
COMPENSATION
Professional Services Agreement with Kimley-Horn and Associates, Inc. fo... Page 237 of 2236 197.39% Overhead% Name
Darryl
dePencier
Jean
Fares
Jason
Melchor
196.29% Overhead% w/o FCCM Category/Title Project Manager Principal-in- Charge QC/QA 10% Fee% Direct Rate $85.24 $140.22 $106.50 $92.81 $81.94 $65.29 $53.18 $46.64 $36.23 Billing Rate $278.75 $458.55 $348.28 $303.51 $267.96 $213.51 $173.91 $152.52 $118.48 Task 1 23 2 38 65 11 139 $ 30,118.16
1.1 15 2 16 22 55 $ 13,211.70 1.2 3 11 16 11 41 $ 7,869.61 1.3 5 11 27 43 $ 9,036.84 Task 2
4 1 2 8 13 45 40 113 $ 21,116.17
2.1 4 1 2 8 13 45 40 113 $ 21,116.17
Task 3 35 3 14 16 50 65 160 165 508 $ 101,131.51
3.1 20 1 8 10 20 10 45 45 159 $ 34,038.49 3.2 8 2 4 12 22 60 55 163 $ 30,876.55 3.3 3 2 8 8 25 20 66 $ 12,782.71 3.4 4 2 2 2 10 25 30 45 120 $ 23,433.76 Task 4 30 3 4 87 56 295 133 20 628 $ 131,358.36
4.1 2 6 35 43 $ 7,503.52 4.2 2 1 6 2 20 20 51 $ 9,579.43 4.3 10 1 2 30 20 150 20 5 238 $ 45,980.74 4.4 5 1 25 12 40 25 15 123 $ 23,659.99 4.5 2 1 4 7 20 8 42 $ 8,170.54 4.6 2 3 8 25 10 48 $ 8,942.40 4.7 3 1 7 20 31 $ 6,538.42 4.8 1 1 2 10 14 $ 2,712.82 4.9 3 5 5 10 15 38 $ 7,270.52 $ 3,500.00 $ 1,250.00
$ 500.00 $ 500.00
Event Snacks and Giveaways $ 1,000.00
$ 250.00
StoryMap Website Hosting $ 4,000.00
Task 5 30
4 70 25 85 70 284 $ 59,309.31
5.1 30 4 70 25 85 70 284 $ 59,309.31
Task 6 8 11 18 23 85 110 255 $ 46,862.22
6.1 3 5 8 6 25 40 87 $ 16,227.11 6.2 4 6 8 13 40 55 126 $ 23,200.40 6.3 1 2 4 20 15 42 $ 7,434.71 Task 7 16 3 12 16 22 35 130 130 364 $ 70,674.99
7.1 8 1 8 8 12 30 95 95 257 $ 48,534.52
7.2 8 2 4 8 10 5 35 35 107 $ 22,140.46
Task 8 18 2 7 16 15 60 48 16 182 $ 35,513.77
8.1 10 1 4 10 15 45 40 8 133 $ 25,396.00 8.2 8 1 3 6 15 8 8 49 $ 10,117.77 Task 9
4 10 20 34 $ 7,272.77
9.1 4 10 20 34 $ 7,272.77
168 14 43 43 319 232 945 696 47 2,507
$46,830.17 $6,419.64 $14,975.84 $13,050.77 $85,479.04 $49,534.48 $164,343.73 $106,155.08 $5,568.51 $ 492,357.26 $ 11,000.00
$ 503,357.26
PublicCoordinateStoryMap WebsitePublicCoordinateHigh Injury Network Maps Project Boards / Visual MaterialsPrint OutsTravel Mileage TOTAL COST:
NEV Route Existing Conditions Map NEV Fact Sheet and MapBenefit-Cost AnalysisBenefit-Cost Analysis Report Prioritized List of Safety CountermeasuresNEV Recommendations Memorandum Draft & Final Plan Draft Plan Final Plan City Council PresentationCity Council Presentation
TOTAL HOURS
Subtotal Labor:
TOTAL OTHER DIRECT COSTS
Education Video Production ExpensesCommunity Pop-Up Events (5)Project SurveysRoadway Safety / School / Walk Audits 19 Walk Audits NEV Circulation & Education Field Survey & AnalysisSite Visits & Field SummaryProject ManagementProject Kick Off & Progress Meetings Project ScheduleProgress Reports Data Collection & Review Data Collection Memorandum Collision AnalysisSafety Dashboard Community Engagement Public Engagement PlanSocial Media Posts Engagement SummaryProject Branding & FlyersProject Educational Videos (5)
CITY OF INDIO
Comprehensive Road Safety Action Plan
TOTAL
COST
Support
Staff Analyst II Analyst I
Kimley-Horn and Associates, Inc.
TOTAL
HOURS
Sr.
Professional I Professional Sr. Professional II
Professional Services Agreement with Kimley-Horn and Associates, Inc. fo... Page 238 of 2236 COST PROPOSAL 1
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No. Date 8/21/2026
DIRECT LABOR
Hours
168
14 43
43 319
232
945
696
47 LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see Anticipated Salary Increases page for calculation) c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 150,559.22
INDIRECT COSTS
d) Fringe Benefits ( Rate: 0.00% ) e) Total Fringe Benefits [(c) x (d)] $ - f) FCCM** ( Rate: 1.10% ) $ 1,656.15
h) Overhead ( Rate: 196.29% ) i) Overhead [(c) x (h)] $ 295,532.69 j) TOTAL INDIRET COSTS [(e) + (g) + (i)] $ 297,188.84
FIXED FEE k) TOTAL FIXED FEE [(c) + (e) + (i)* fixed fee 10% ] $ 44,609.19 Quantity Unit
l) TOTAL OTHER DIRECT COSTS $ 11,000.00
Subconsultant 1: $
Subconsultant 2: $
$ -
$ 11,000.00
$ 503,357.26
**Kimley-Horn's ICR contains FCCM of 1.10%. Fee is not charged on the FCCM portion of the ICR. $1,250.00
$500.00
$500.00
$1,000.00
$250.00
$4,000.00
COST PROPOSAL 1
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Kimley-Horn and Associates, Inc.
Project Manager Darryl dePencier $85.24 $ 14,320.32
Principal-in-Charge Jean Fares $140.22 $ 1,963.08
Classification/Title Name Actual Hourly Rate Total
Sr.Professional I $81.94 $ 26,138.86
Professional $65.29 $ 15,147.28
QC/QA Jason Melchor $106.50 $ 4,579.50
Sr.Professional II $92.81 $ 3,990.83
SupportStaff $36.23 $ 1,702.81
Analyst II $53.18 $ 50,255.10
Analyst I $46.64 $ 32,461.44
g) FCCM [(c) x (f)
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE
Description of Item Unit Cost Total
PublicCoordinate $0.00 $3,500.00
$ 150,559.22
$ -
StoryMap Website Hosting $0.00
m) SUBCONSULTANTS' COSTS
Project Boards / Visual Materials $0.00
Print Outs $0.00
Travel Mileage
Event Snacks and Giveways
Education Video Production Expenses
$0.00
$0.00
$0.00
TOTAL COST [(c) + (j) + (k) + (n)]
(m) TOTAL SUBCONSULTANS' COSTS
(n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] Prime Consultant Subconsultant 2nd Tier Subconsultant
Professional Services Agreement with Kimley-Horn and Associates, Inc. fo... Page 239 of 2236 COST PROPOSAL 1
1. Calculate average hourly rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor
Subtotal
per Cost
Proposal
Total Hours
per Cost
Proposal
Avg Hourly
Rate
$ 150,559.22 / 2507 = $60.06 Year 1 Avg Hourly Rate
2. Calculate hourly rate for all periods (Increase the Average hourly rate for a period by proposed escalation %) Avg Hourly
Rate
Proposed
Escalation
Year 1 $60.06 + 5% = $63.06
Year 2 $63.06 + 5% = $66.21
Year 3 $66.21 + 5% = $69.52 Year 4 Avg Hourly Rate
Year 4 $69.52 + 5% = $73.00 Year 5 Avg Hourly Rate
Estimated %
Completed
Each Period
Total Hours
per Cost
Proposal
Total Hours
per Period
Year 1 100.00% * 2507 = 2507 Estimated Hours Year 1
Year 2 0.00% * 2507 = 0 Estimated Hours Year 2
Year 3 0.00% * 2507 = 0 Estimated Hours Year 3
Year 4 0.00% * 2507 = 0 Estimated Hours Year 4
Year 5 0.00% * 2507 = 0 Estimated Hours Year 5
Total 100% Total = 2507
4. Calculate Total Costs including Escalation (Multiply average hourly rate by the number of hours) Avg Hourly
Rate
Estimated
Hours
(calculated above) (calculated
above)
Year 1 $60.06 * 2507 = $150,559.22 Estimated Hours Year 1 Year 2 $63.06 * 0 = $0.00 Estimated Hours Year 2
Year 3 $66.21 * 0 = $0.00 Estimated Hours Year 3
Year 4 $69.52 * 0 = $0.00 Estimated Hours Year 4
Year 5 $73.00 * 0 = $0.00 Estimated Hours Year 5
= $150,559.22
= $150,559.22
= $0.00 Transfer to Page 1
COST PROPOSAL 1
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
3. Calculate estimated hours per year (Multiply estimate % each period by total hou Cost
Per Period
5 Year
Contract Duration
Year 2 Avg Hourly Rate
Year 3 Avg Hourly Rate
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before escalation
Estimated total of Direct Labor Salary
Professional Services Agreement with Kimley-Horn and Associates, Inc. fo... Page 240 of 2236 COST PROPOSAL 1
Name: Title*:
Signature: Date of Certification (mm/dd/yyyy): 8/21/2026 Email: Phone Number:
Address:
List services the consultant is providing under the proposed contract:
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures COST PROPOSAL 1
[email protected] 916-571-1017
555 Capital Mall, Suite 300, Sacramento, CA, 95814
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
Engineering & Planning Services
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Prime Consultant or Subconsultant Certifying:
Fareed Pittalwala Vice President
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Exhibits
EXHIBIT “C”
INSURANCE - ADDENDUM “1”
Without limiting Consultant’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
Consultant shall provide the following scope and limits of insurance:
MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance:
GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial
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general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Should Consultant obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability and employer’s liability policies.
PROOF OF INSURANCE. Consultant shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein.
Insurance certificates and endorsements must be approved by the Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
DURATION OF COVERAGE. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.
PRIMARY/NONCONTRIBUTING. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self-insurance shall be called upon to protect it as a maned insured.
CITY’S RIGHT OF ENFORCEMENT. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced Agency has the right but not the duty to obtain the insurance It deems necessary, and any premium paid by Agency will be promptly reimbursed by Consultant or Agency will withhold amounts sufficient to pay premium from Consultant payments.
In the alternative, Agency may cancel this Agreement.
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ACCEPTABLE INSURERS. All insurance policies shall be issued by an Insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.
WAIVER OF SUBROGATION. All Insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its n right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants.
ENFORCEMENT OF CONTRACT PROVISIONS (NON ESTOPPEL). Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.
REQUIREMENTS NOT LIMITING. Requirements of specific coverage features or limits obtained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature Is for purposes of clarification only as it pertains to given issue and is not intended by any party or Insured lo be all Inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available Insurance proceeds in excess of the specified minimum limits of Insurance and coverage shall be available to the Agency.
NOTICE OF CANCELLATION. Consultant agrees to oblige its insurance agent or broker and insurers to provide the Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant's insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the Agency immediately in the event of Consultant's failure to renew any of the required insurance coverages, or insurer's cancellation or non-renewal.
PROHIBITION OF UNDISCLOSED COVERAGE LIMITATIONS. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.
SEPARATION OF INSUREDS. A severability of interest provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brough, except with respect to
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the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
PASS THROUGH CLAUSE. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively "Subcontractor'"), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement 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. However, in the event Consultant's Subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor's scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant's requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability lo the amount of insurance coverage provided by its Subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the Subcontractors, and others engaged in the project and/or services, will be submitted to the Agency.
CITY’S RIGHT TO REVISE SPECIFICATIONS. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Agency and Consultant may renegotiate Consultant's compensation.
SELF-INSURED RETENTIONS. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions by eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
TIMELY NOTICE OF CLAIMS. Consultant shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
ADDITIONAL INSURANCE. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
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OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City.
(A)OTHER REQUIREMENTS. Consultant shall deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with.
The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
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6. General liability, automobile liability and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies.
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ADDENDUM “2"
FEDERAL FUNDS
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As used throughout Addendum 2, LOCAL AGENCY shall mean City.
ARTICLE I INTRODUCTION – NOT USED
ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.
ARTICLE III STATEMENT OF WORK – NOT USED
ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on Effective Date contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on June 30, 2028, unless extended by AGREEMENT amendment.
B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Exhibit A Scope of Services. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum compensation will not be effective until authorized by AGREEMENT amendment and approved by LOCAL AGENCY.
B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Exhibit A Scope of Services, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT in accordance with the provisions of Article VI Termination.
C. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will
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be made prior to approval of any work, or for any work performed prior to approval of this AGREEMENT.
D. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice must be submitted within sixty (60) calendar days after completion of CONSULTANT’s work unless a later date is approved by the LOCAL AGENCY. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
[email protected]; [email protected].
E. The total amount payable by LOCAL AGENCY shall not exceed Five Hundred Three Thousand Three Hundred Fifty-Seven Dollars and Twenty-Six Cents (503,357.26).
ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.