Attachment B - Professional Services Agreement — Palm Springs City Council, November 12, 2025

Attachment B

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PROFESSIONAL SERVICES AGREEMENT [***INSERT CONTRACT #***] 2026 PAVEMENT MANAGEMENT PLAN UPDATE
CITY PROJECT NO. 25-12

This Professional Services Agreement (“Agreement”) is entered into this 12 th day of November, 2025 (“Effective Date”), by and between the City of Palm Springs, a California charter city and municipal corporation, (“City”) and Kimley -Horn and Associates, Inc., a North Carolina Corporation, (“Consultant”). City and Consultant ar e individually referred to as “Party” and are collectively referred to as the “Parties.”

RECITALS

A. City requires the services of a Professional Civ il Engineering Firm, for the 2026 Pavement Management Plan Update (“Project”).

B. Consultant has submitted to City a proposal to provide civil engineering services, to City under the terms of this Agreement.

C. Consultant is qualified by virtue of its experie nce, training, education, reputation, and expertise to provide these services and has agr eed to provide such services as provided in this Agreement.

D. City desires to retain Consultant to provide suc h professional services.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all terms and conditions of thi s Agreement, Consultant agrees to perform the profess ional services set forth in the Scope of Services described in Exhibit “A” (the “Services” o r “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Consultant acknowledges that this Agreement require s specialized skills and abilities and is consistent with this understanding, Consultant is a provider of professional services and that Consultant is experienced in performing the Work contemplated herein and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level o f care and skill ordinarily exercised by experienced and well qualified members of the profe ssion currently practicing under similar conditions.

1.2 Contract Documents. The Agreement between the Parties shall consist o f the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals; and, (4) the Consultant’s signed, original proposal subm itted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”). The City’s Request for Proposals and the Consultant’s Proposal, which are both attached as E xhibit “B”, respectively, are incorporated herein by this reference and are made a part of thi s Agreement. The Scope of Services shall include the Consultant’s Proposal. All provisions of the Scope of Services, the City’s Request for

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Proposals and the Consultant’s Proposal shall be bi nding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1 st ) the provisions of the Scope of Services (Exhibit “A”); (2 nd ) the provisions of the City’s Request for Proposal; (3 rd ) the terms of this Agreement; and, (4 th ) the provisions of the Consultant’s Proposal.

1.3 Compliance with Law. Consultant warrants that all Services rendered shal l be performed in accordance with all applicable federal , state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.4 Licenses, Permits, Fees, and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its pr ofession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the ter m of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and under this Agreement.

1.5 Familiarity with Work. By executing this Agreement, Consultant warrants th at Consultant: (a) has thoroughly considered the Scope of Services to be performed, (b) has carefully considered how the Services should be per formed, and (c) understands the facilities, difficulties, and restrictions attending performanc e of the Services under this Agreement. If the Services involve work upon any site, Consultant war rants that Consultant has or will investigate the site and is or will be acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk u ntil written instructions are received from the City.

2. COMPENSATION

2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordan ce with the Schedule of Compensation, which is attached as Exhibit “C” and incorporated h erein by this reference. Compensation shall not exceed the maximum contract amount of three hundred nine thousand nine hundred seventy-six dollars and ninety-two cents ($309,976.92), "Maximum Contract Amount", except as may be provided under Section 2.3. The method of compensation shall be as set forth in Exhibit “C.” Compensation for necessary expenditures must be approved in advance by the Contract Officer designated under Section 4.2. The Maximum C ontract Amount shall include the attendance of Consultant at all project meetings re asonably deemed necessary by the City.

Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings.

2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit “C”), in any mont h in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice. The invoice shall be in a form approv ed by the City’s Finance Director and must be submitted no later than the tenth (10 th ) working day of such month. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such 55575.18100\42907009.1

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reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.

2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, the Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.

2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

3. SCHEDULE OF PERFORMANCE

3.1 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 2 years commencing on the Effective Date, and ending on November 12, 2027, unless extended by mutual written agreement of the Parties.

3.2 Termination Prior to Expiration of Term. The City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant.

Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

3.3 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.

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Event. A Force Majeure Event shall mean an event th at materially affects the Consultant’s performance and is one or more of the following: (1 ) Acts of God or other natural disasters occurring at the project site; (2) terrorism or oth er acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, eme rgency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend t he time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.

The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjus tment to the contract price or any other compensation. Notwithstanding the foregoing, the Ci ty may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4. COORDINATION OF WORK

4.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Jean B. Fares, PE, Senior Vice President. It is expressl y understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. T herefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance o f the Services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

4.3 Prohibition Against Subcontracting or Assignmen ts. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, n either this Agreement nor any interest may be assigned or transferred, voluntarily or by operatio n of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisi ons making them subject to all provisions stipulated in this Agreement including without limi tation the insurance and indemnification requirements. If Consultant is permitted to subcont ract any part of this Agreement by City, Consultant shall be responsible to City for the act s and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecate d, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City.In the event of any such unapproved transfe r, including any bankruptcy proceeding, this 55575.18100\42907009.1

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Agreement shall be void. No approved transfer shal l release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City.

4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee.

A. During the performance of this Agreement, Consultan t and its officers, employees, and agents shall act in an independent c apacity and shall not act or represent themselves as City officers or employees. The perso nnel performing the Services under this Agreement on behalf of Consultant shall at all time s be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, emplo yees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employee s in connection with this Agreement and shall be responsible for all reports and obligation s respecting them, including but not limited to social security income tax withholding, unemploymen t compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.

B. Consultant shall not have any authority to bin d City in any manner. This includes the power to incur any debt, obligation, or liability against City.

C. No City benefits shall be available to Consult ant, its officers, employees, or agents in connection with any performance under thi s Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial oblig ations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature rel ating to salary, taxes, or benefits of Consultant’s officers, employees, servants, represe ntatives, subConsultants, or agents, Consultant shall indemnify City for all such financial obligations.

4.5 California Labor Code Requirements.

A. Consultant is aware of the requirements of Calif ornia Labor Code Sections 1720 et seq. and 1770 et seq., which require the pa yment of prevailing wage rates and the performance of other requirements on certain “publi c works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are bein g performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agr ees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Preva iling Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (La bor Code Sections 1771, 1774 and 1775), 55575.18100\42907009.1

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employment of apprentices (Labor Code Section 1777. 5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of a n applicable “public works” or “maintenance” project and if the total compensat ion is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demol ition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Proje ct and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shal l be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

5. INSURANCE

5.1 Types of Insurance. Consultant shall procure and maintain, at its sol e cost and expense, the insurance described herein. The insur ance shall be for the duration of this Agreement and includes any extensions, unless other wise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consulta nt agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediat ely substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) i nsurance, all insurance provided under this Agreement shall be on an occurrence basis. The min imum amount of insurance required shall be as follows:

A. Errors and Omissions Insurance. Consultant sha ll obtain and maintain in full force and effect throughout the term of this A greement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.

(1) If the policy of insurance is written on a “ claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the comp letion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The co verage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangeme nts providing for complete coverage, either of which shall be subject to the written approval by the City Manager.

(2) In the event the policy of insurance is writ ten on an “occurrence” basis, the policy shall be continued in full force and eff ect during the term of this Agreement, or until completion of the Services provided for in this Agr eement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure 55575.18100\42907009.1

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coverage during the entire course of performing the Services under the terms of this Agreement.

B. Workers’ Compensation Insurance. Consultant sh all obtain and maintain, in full force and effect throughout the term of thi s Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in c ompliance with all other statutory requirements, as required by the State of Californi a. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subConsultants, if any, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall compl ete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

C. Commercial General Liability Insurance. Consul tant shall obtain and maintain, in full force and effect throughout the t erm of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverag es for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations.

D. Business Automobile Insurance. Consultant shal l obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.

E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreem ent, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.

5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City rese rves the right to reject deductibles or self- insured retentions in excess of $10,000, and the Ci ty Manager or his/her designee may require evidence of pending claims and claims history as we ll as evidence of Consultant’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.

5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant under this Agreement:

A. For any general or auto liability claims relate d to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and voluntee rs. Any insurance or self-insurance maintained by the City and its officers, council me mbers, officials, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.

B. Any failure to comply with reporting or other p rovisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.

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C. All general or auto liability insurance coverag e and limits provided by Consultant and available or applicable to this Agre ement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery per iod), unless the endorsement has first been submitted to the City Manager and approved in writing.

E. Consultant agrees to require its insurer to mod ify insurance endorsements to delete any exculpatory wording stating that fail ure of the insurer to mail written notice of cancellation imposes no obligation, or that any par ty will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and s ubmittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.

F. Consultant agrees to ensure that subConsultants , and any other parties involved with the Project who are brought onto or i nvolved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibi lity for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subConsultants and others engag ed in the Project will be submitted to the City for review.

G. Consultant acknowledges and agrees that any act ual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.

H. Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.

I. Requirements of specific insurance coverage fea tures or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any giv en policy. Specific reference to a given coverage feature is for purposes of clarification o nly as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.

J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.

K. Consultant agrees to provide immediate notice t o City of any claim or loss against Consultant arising out of the Work performe d under this Agreement and for any other 55575.18100\42907009.1

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claim or loss which may reduce the insurance availa ble to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.

L. Consultant agrees that the provisions of this s ection shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible.

5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California wit h an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in w riting by the City Manager or his designee due to unique circumstances.

5.5 Verification of Coverage. Consultant shall furnish City with both certifica tes of insurance and endorsements, including additional in sured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work comme nces. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not requ ired for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Pal m Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees , and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement ).

B. " This insurance is primary and non-contributory over any insurance or self- insurance the City may have ..." (" as respects City of Palm Springs Contract No.___ " or " for any and all work performed with the City " may be included in this statement).

C. " Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days writ ten notice to the Certificate Holder named. " Language such as, “endeavor to” mail and "but failu re to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

D. Both the Workers’ Compensation and Employers' Li ability policies shall contain the insurer's waiver of subrogation in favor of City, i ts elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, the C ity of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. Al l certificates of insurance must be authorized by a person with authority to bind cover age, whether that is the authorized 55575.18100\42907009.1

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agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.

6. INDEMNIFICATION

6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, emp loyees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and al l liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fee s (collectively “Claims”), including but not limited to, Claims arising from injuries to or death of persons (Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committe d by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Unde r no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters in demnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

6.2 Design Professional Services Indemnification an d Reimbursement. If Consultant’s obligation to defend, indemnify, and/o r hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreemen t, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

7. REPORTS AND RECORDS

7.1 Accounting Records. Consultant shall keep complete, accurate, and det ailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.

Consultant shall keep such books and records as sha ll be necessary to properly perform the Services required by this Agreement and to enable t he Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Serv ices required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agr eement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of th e Services. If Consultant is providing design 55575.18100\42907009.1

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services, Consultant shall promptly notify the Cont ract Officer the estimated increased or decreased cost for the project being designed if Co nsultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subConsultants, and agen ts in the performance of this Agreement shall become the property of City, upon payment for such, and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documen ts and materials. Any use of such completed documents for other projects and/or use of incomple te documents without specific written authorization by the Consultant will be at the City 's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consul tant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consulta nt shall ensure that all its subConsultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consult ant shall indemnify City for all resulting damages.

All information gained by Consultant in the perform ance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.

7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shal l provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s perform ance under this Agreement. Consultant shall maintain such books, records, data, and documents i n accordance with generally accepted accounting principles and shall clearly identify an d make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Pa rties in accordance with the laws of the State of California. Legal actions concerning any disput e, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superi or Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, w ithout limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the 55575.18100\42907009.1

BB&K (2024) Page 12 of 20

interpretation of this Agreement. The caption head ings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

8.3 Default of Consultant. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.

A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rende ring satisfactory performance. In the event Consultant fails to cure its default within such pe riod of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of th is section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.2.

B. If termination is due to the failure of the Cons ultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3(A), take over the work and prosecute the same to completion by co ntract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided in this Agreement.

8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the P arties to require exact, full, and complete compliance with any of the covenants, conditions, o r terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.

8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct , remedy or recover damages for any default, to compel specific performance of this Agreement, to o btain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

BB&K (2024) Page 13 of 20

in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but a re not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceedi ng. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding withi n thirty (30) days of the date set for trial or heari ng, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may b ecome due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party an y money or other consideration in exchange for obtaining this Agreement.

9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, colo r, sex, age, marital status, ancestry, national origin ( i.e ., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender express ion, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant s hall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to en ter this Agreement, and in executing this Agreement, Consultant certifies that its actions an d omissions hereunder shall not incorporate any discrimination arising from or related to any p rohibited basis in any Consultant activity, including but not limited to the following: employm ent, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or t ermination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

10. MISCELLANEOUS PROVISIONS

10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consul tant against patent or copyright infringement, statutory or otherwise:

BB&K (2024) Page 14 of 20

negligence, recklessness or willful misconduct of C onsultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringe ment upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination wh ich infringes upon an existing U.S. letters patent or copyright.

B. Consultant shall have sole control of the defen se of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall b e at Consultant’s expense. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant’s consent, which shall not be unreasonably withheld. If the u se or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item ac ceptable to City and extend this patent and copyright indemnity thereto.

10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing.

All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt req uested, or delivered or sent by facsimile with attached evidence of completed transmission. All n otices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (ii i) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivere d. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:

To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332

To Consultant: Kimley-Horn and Associates, Inc.

Attention: Jean Fares, PE, Vice President
73-700 Dinah Shore Drive, Unit 101
Palm Desert, CA 92211
Telephone: (760) 610-0819

10.3 Integrated Agreement. This Agreement constitutes the entire understandi ng between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

10.4 Amendment. No amendments or other modifications of this Agree ment shall be binding unless through written agreement signed by all Parties.

10.5 Severability. Whenever possible, each provision of this Agreeme nt shall be 55575.18100\42907009.1

BB&K (2024) Page 15 of 20

interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of th at provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

10.5 Successors in Interest. This Agreement shall be binding upon and inure to t he benefit of the Parties’ successors and assignees.

10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is i ntended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

10.7 Recitals. The above-referenced Recitals are hereby incorporat ed into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10.8. Corporate Authority. Each of the undersigned represents and warrants tha t (i) the Party for which he or she is executing this Agr eement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver th is Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreeme nt, and (iv) the entering into this Agreement does not violate any provision of any other Agreeme nt to which the Party for which he or she is signing is bound.

10.9 Counterparts. This Agreement may be signed in counterparts, eac h of which shall constitute an original.

10.10 Compliance with Economic Sanctions in Response to R ussia's Actions in Ukraine. When funding for the services is provided, in whol e or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As par t of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “D” (Russian Sanctions Certification), a ttached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

[SIGNATURES ON NEXT PAGE]
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BB&K (2024) Page 16 of 20

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND KIMLEY-HORN AND ASSOCIATES, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONSULTANT :

By: ______________________________ By: ____________ ___________________ Signature Signature
(2
nd signature required for Corporations)

Date: __ Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _____________ __________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager – over $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

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BB&K (2024) Page 17 of 20

EXHIBIT “A”

SCOPE OF SERVICES

PROPOSAL FOR
Engineering Services
for 2026 Pavement Management Plan Update
City Project 25-12
City of Palm Springs  AMCASACR010615.2025
 5
Task 1: Project Meetings and Management
Kimley-Horn recognizes that effective project management and clear communication are essential to delivering a successful PMP . Upon notice to proceed (NTP), we will conduct a kick-off meeting with City staff to introduce the team, review project goals, confirm data collection methods, and finalize the schedule and deliverables.

To maintain alignment throughout the project, we anticipate up to eight (8) interim meetings during field work and report preparation, along with monthly project updates. These sessions will focus on schedule tracking, deliverable discussions, and upcoming milestones. We will provide meeting summaries electronically for each session.

At project completion, Kimley-Horn will assist City staff in presenting the program findings to the City Council or other public forum, highlighting objectives, benefits, and outcomes in a clear and compelling manner that connects with community priorities.

Deliverables:
• Kick-off meeting summary, interim meeting notes, and final City Council presentation slides
• Updated project schedule and progress reports
Task 2: Field Data Collection
Kimley-Horn, in partnership with ICC, will collect PCI data for all City street segments in full compliance with ASTM D6433 standards.

Field data collection will include all required attributes: street name, section identification, number of lanes, surface type (asphalt concrete [AC], Portland cement concrete [PCC], or other), length, pavement width, and detailed distress information (type, severity, and extent). We will
survey streets surfaced with both
AC and PCC, with bi-directional data
collection on arterial and secondary
streets to capture the full roadway
cross-section, and single-direction
collection on collectors, industrial, and
local streets as appropriate, for a total
of approximately 290 collection miles.

We will acquire data using ICC’s IrisPRO
Pave vehicle (see Figure 1) equipped
with the Laser Crack Measurement System (LCMS-2), an inertial profiler, and Ladybug 5+ right-of-way imaging system. This integrated platform captures continuous surface imaging, cracking, roughness, rutting, and other surface distresses while simultaneously recording high-resolution right-of-way imagery. This supports a permanent georeferenced record of pavement condition at the time of survey.

We will process and analyze all data using the PCI methodology outlined in ASTM D6433, with results geospatially linked to the City’s approved segmentation. We anticipate leveraging the City’s existing StreetSaver database to streamline integration, making sure that collected data is seamlessly tied to existing inventory attributes.

Deliverables:
• PCI dataset (ASTM D6433) with supporting imagery, linked to City’s segmentation Optional Task 1 – Pavement Depth Data Collection
Kimley-Horn proposes the collection of pavement depth and structural data across the City’s roadway network using a combination of advanced, non-destructive technologies. This information provides critical insight into structural capacity, supports more accurate rehabilitation design, and enhances the reliability of the pavement management program.

Kimley-Horn will engage two specialized subconsultants for this task:
• ICC will perform network-level deflection testing using falling weight deflectometer (FWD) equipment. This method applies a dynamic load to the pavement surface and measures resulting deflections, which can be used to estimate layer stiffness, load-carrying capacity, and identify areas of potential structural weakness. • Infrasense will conduct GPR surveys across street segments requiring additional validation—such as those selected as a CIP project candidate during this pavement management system update. GPR uses high-frequency radar pulses to measure the thickness of asphalt and base layers in a continuous, non-destructive manner. The resulting profiles provide layer depth variability and help detect subsurface anomalies such as stripping or moisture intrusion.

Kimley-Horn will recommend limited destructive coring at selected locations to validate non-destructive results. We will perform coring in coordination with Verdantas only with prior approval from City staff and will coordinate this to minimize disruption to traffic and residents.

Deliverables:
• Effective Structural Number (SN) and deflection data
Figure 1. IrisPRO Pave vehicle

PROPOSAL FOR
Engineering Services
for 2026 Pavement Management Plan Update
City Project 25-12
City of Palm Springs  AMCASACR010615.2025
 6
Optional Task 2 – Pavement Data Viewer
Kimley-Horn’s subconsultant ICC offers a web-based tool for reviewing and visualizing pavement condition data through their cloud-hosted software, Inform™.

This intuitive platform features thematic maps, allowing clients to color-code roads based on PCI, roughness (IRI), rutting index, structural index, and more. This addition enhances the City’s ability to quickly and effectively understand their data with vivid, easy-to-interpret visualizations. Alongside these dynamic maps, Inform™ provides detailed, high-resolution pavement images and classified distresses, all within a geocentric environment, as shown in Figure 2. The software streamlines the analysis process, saving agencies countless field visits and valuable time, making it the simplest yet most comprehensive solution for accessing and interpreting photolog images and pavement condition data.

Deliverables:
• Access to Inform™ software
Optional Tasks 3, 4, and 5 – Non-Pavement Roadway Asset Data Collection
Kimley-Horn will assess and categorize the condition of the collected assets identified in Optional Tasks 3, 4, and 5 (pavement striping, ADA ramps, and utility access locations) into Good, Fair, or Poor condition categories. We will meet with the City prior to data collection to come to a consensus of what constitutes Good, Fair, and Poor for each asset. For example, what might be considered “damaged” or “sunken” for a given manhole may vary from person to person, but our team will work to establish a baseline and report them as such. We will collect all data using a 360° Ladybug camera which is mounted on the same vehicle collecting distress data in Task 2—eliminating the need for multiple mobilizations and allowing all data to be collected in one field effort. This assessment will provide insight for maintenance planning and budget allocation. Please note that our assessment does not include ADA compliance checks. The collected data will include photographs of such elements, location, and condition. The Condition Rating System will be categorized into:
• Good: Elements classified as ‘Good’ will exhibit minimal wear and tear, with no significant defects affecting functionality or safety.
• Fair: Elements rated as ‘Fair’ will show signs of moderate deterioration. This may include minor cracks or surface wear that do not pose immediate safety risks but indicate the need for maintenance within the near future. • Poor: Elements deemed ‘Poor’ will display severe deterioration, including extensive cracking, crumbling, or structural failures. These conditions may compromise safety and accessibility, requiring immediate attention and repair.

Task 3: Records Keeping and Data Entry
Kimley-Horn will update pavement management records across StreetSaver, Microsoft Excel, and GIS following completion of field surveys. Entries will include current inspection results, inspection data from the last update, treatment history, and both past and current PCI values. We will present each PCI score on the 0–100 scale with an associated letter grade (A–F) to provide a clear, user-friendly measure of pavement condition.

Our team is already highly familiar with the City’s GIS network, having recently partnered with staff to clean and organize the database. This experience gives us a unique advantage: we are already aligned with the City’s established naming and numbering system and are well positioned to deliver the most efficient, accurate, and seamless updates to the pavement management system.

We will include the results in a database that integrates inspection data, PCI history, and GIS attributes into one platform.

Deliverables:
• Updated StreetSaver database, Excel files, and GIS files with PCI values, inspection history, and treatment history
• GIS shapefiles aligned with the City’s established conventions Figure 2. InformTM software user interface

PROPOSAL FOR
Engineering Services
for 2026 Pavement Management Plan Update
City Project 25-12
City of Palm Springs  AMCASACR010615.2025
 7
Task 4: Define Mitigation Strategies
Kimley-Horn will review and update the City’s existing M&R decision tree, building on our direct experience with the City’s pavement network. We will evaluate the City’s current repair strategies and develop a systematic, cost-effective approach that incorporates PCI levels, roadway classifications, mobilization considerations, and the City’s specific needs.

Our recommendations will cover the full range of maintenance, rehabilitation, and reconstruction strategies, with a focus on practical application, cost efficiency, and long-term performance and sustainability. The selected mitigation strategies will promote the City’s sustainability goals by leveraging materials that mitigate the impacts of Urban Heat Island and make beneficial reuse of existing materials to reduce GHG emissions and extraction of new construction materials. • Maintenance Treatments: Slurry Seal (conventional, rubberized, or latex- modified); Chip Seals and Cape Seals; Microsurfacing; Crack Sealants; Cool Pavement Technologies
• Major Rehabilitation: Mill and Overlay; Rubberized AC Overlay; Fiber-Reinforced Asphalt Concrete (FRAC) Overlay; Cold In-Place Recycling (CIR) • Reconstruction: Full-Depth Remove and Replace (R&R); Full-Depth Reclamation (FDR); Cement-Treated Base (CTB); Soil Stabilization with Geogrids Kimley-Horn has successfully applied these strategies for agencies across California, with particular strength in CIR and FDR applications. These treatments not only restore structural capacity but also recycle existing materials, reduce trucking and disposal costs, and minimize greenhouse gas emissions—offering sustainable, cost-saving solutions that align with the City’s long-term goals.

As part of this task, Kimley-Horn will also provide unit prices for each treatment option, drawing from both the City’s last 5 years of bid results and our extensive Southern California cost database.

Kimley-Horn will evaluate the City’s current slurry and pavement mix designs.

Leveraging our experience with a variety of mix types, including tire rubber modified surface seal (TRMSS) and other advanced slurry seal formulations, we will recommend options tailored specifically for Palm Springs’ desert climate. We will evaluate these alternatives for improved longevity, durability under heat exposure, and life-cycle cost savings. In addition, we will evaluate and recommend slurry seal mixes incorporating reclaimed asphalt pavement (RAP), which offer improved performance in hot climates, lower costs, and enhanced environmental benefits through material recycling.

Deliverables:
• Updated M&R decision tree with recommended treatments • Unit cost tables for all treatments, based on Southern California market data and the City’s past 5 years of bids
Task 5: Develop a 5-Year CIP
Kimley-Horn will translate the City’s pavement management data and mitigation strategies into a comprehensive 5-year CIP . We will provide cost-effective strategies that optimize pavement performance, integrate sustainable and recycling practices, and extend service life.

Once mitigation strategies and unit costs are finalized, our team will prepare two distinct program lists:
• Slurry Seal Program based on $1,800,000 annually for 5 years • Rehabilitation Program based on $8,000,000 annually for 5 years Each year’s rehabilitation program will target approximately 40–50% arterials and 50–60% residential/collector streets. For arterial streets, we will emphasize corridor continuity, grouping projects into logical, contiguous segments. This approach maximizes construction efficiency, minimizes mobilization costs, and reduces public disruption, which allows for delivering network-wide consistency in pavement condition rather than fragmented, isolated improvements.

We will also support the CIP with a budget scenario analysis for the conditions set forth below:
• No Work Scenario: Illustrates the natural decline of the network without any maintenance or rehabilitation, highlighting the cost of inaction • Unlimited Budget Scenario: Provides a “total needs” assessment by modeling network condition if unlimited funding were applied at the optimal time • Maintain Condition Scenario: Identifies the funding levels required to hold the overall PCI steady over the analysis period
• Current Funding Scenario: Demonstrates the impact of maintaining existing funding habits, quantifying the expected changes in PCI and backlog • Improve PCI Scenario: Evaluates the additional investment required to raise the network PCI to a specific target level selected by the City Kimley-Horn will prepare a draft Pavement Management Report that documents data collection techniques, analysis methods, and information required to establish a PMP .

The draft report will also include the recommended mitigation strategies, unit costs, budget scenario analysis, and the 5-year CIP .

PROPOSAL FOR
Engineering Services
for 2026 Pavement Management Plan Update
City Project 25-12
City of Palm Springs  AMCASACR010615.2025
 8
Kimley-Horn will deliver this report in draft form for City review, followed by two (2) comment periods to allow for feedback from the City and discussion between the City and Kimley-Horn. We will then produce a final report that incorporates comments to be used for future decision-making.

Deliverables:
• Draft Pavement Management Report including CIP lists, budget scenario analysis, and executive summary
• Final Pavement Management Report incorporating City comments Task 6: Update Pavement Project Specifications
Kimley-Horn will support the City by updating Section 9 of the City’s Specifications to reflect current industry practices, technologies, and construction methods. Our team will also revise relevant City Standard Drawings for pavement design and construction, aligning them with both the City’s current needs and regional practices.

We will prepare appendices with applicable standards from Caltrans, MUTCD, and other related references that serve as industry benchmarks.

As part of this effort, our engineers will also update bid schedule line items to match today’s construction methods, materials, and unit price practices.

For this project, we will review Section 9 and provide targeted revisions. Kimley-Horn will provide the City with a robust, practical, and contractor-ready set of specifications that support high-quality pavement construction and rehabilitation. We assume 12 hours for this task.

Deliverables:
• Revised Section 9 specifications and updated Standard Drawings for pavement design and construction
• Updated bid schedule line items and appendices with Caltrans, MUTCD, and related standards
C2. Approach to Coordination Efforts
Kimley-Horn recognizes that successful pavement management projects extend beyond technical analysis: effective coordination with City staff, local agencies, utility providers, and regulatory stakeholders are essential to delivering a program that is both technically sound and practically implementable. Our approach emphasizes early engagement, proactive communication, and technical collaboration at every stage.

Coordination with City Staff
Our team will work closely with City staff throughout the project lifecycle. This includes regular project update meetings, collaborative review of draft deliverables, and rapid response to technical questions. Because we already partner with the City on numerous projects and have established working relationships with the City, we are well-positioned to streamline communication and avoid unnecessary learning curves.

Coordination with Local Agencies
Many pavement segments overlap with or impact facilities maintained by neighboring jurisdictions (e.g., County of Riverside, Caltrans, or regional transportation agencies).

Kimley-Horn will leverage our local Palm Desert office and long history of regional collaboration to engage with these stakeholders as needed. This includes confirming jurisdictional boundaries, coordinating work programs, and aiming to achieve consistency with neighboring pavement strategies to avoid conflicts.

Coordination with Utility Companies
Pavement rehabilitation often intersects with utility upgrades, trenching, or planned underground work. Kimley-Horn will coordinate early with utility companies to obtain current and planned utility project information. Where conflicts are identified, we will recommend sequencing adjustments or deferrals to avoid rework, reduce costs, and extend the life of City investments.

Coordination with Regulatory and Permitting Agencies
Our team has extensive experience working with Caltrans, MUTCD standards, air quality districts, and local permitting authorities on pavement-related projects. We will integrate applicable standards and requirements into the City’s specifications and project planning, reducing risk during future project delivery and achieving compliance with all permitting and regulatory obligations.

Our Advantage
Kimley-Horn’s deep regional presence, with active work across numerous Southern California municipalities, provides a unique advantage. We have established relationships with many of the very agencies, utilities, and permitting bodies that the City coordinates with regularly. This positions us to anticipate challenges, accelerate approvals, and minimize disruptions.
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BB&K (2024) Page 18 of 20

EXHIBIT “B”

REQUEST FOR PROPOSALS AND CONSULTANT PROPOSAL

1 CITY OF PALM SPRINGS, CA

ENGINEERING SERVICES DEPARTMENT

REQUEST FOR PROPOSALS

ENGINEERING SERVICES
2026 PAVEMENT MANAGEMENT PLAN UPDATE
CITY PROJECT 25-12

ISSUED: SEPTEMBER 4, 2025

2 TABLE OF CONTENTS
SECTION 1 – NOTICE OF REQUEST FOR PROPOSALS PAGE NUMBER

1.1 Request for Proposals 3

1.2 Term 3

1.3 Schedule 3

1.4 RFP Documents Location 3

1.5 Evaluation of Proposals and Award of Contract 3 SECTION 2 – INSTRUCTIONS TO RESPONDERS

2.1 Obtaining RFP Documents and Addenda 4

2.2 Responder’s Minimum Requirements 4

2.3 Submission of Proposals 4

2.4 Protest Procedures 4
SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT

3.1 Request for Clarifications/Questions 6

3.2 Responders Ethical Behavior 6

3.3 Request for Proposals to Remain Open 6

3.4 Right to Accept or Reject Proposals 6

3.5 Responsibility of Responder 6

3.6 Insurance 6

3.7 Public Record 6

3.8 Cost Related to Proposal Preparation: 7

3.9 Compliance with Law 7

3.10 Licenses, Permits, Fees and Assessments 7

3.11 Investigations 7

3.12 Non-Collusion 7

3.13 Signed Proposal and Exceptions 8

3.14 Award of Contract 8

3.15 Form of Agreement 8
SECTION 4 – SCOPE OF WORK

4.1 Background 10

4.2 Scope of Services 10

4.3 Compensation 13

SECTION 5 – REQUEST FOR PROPOSALS FORMAT AND ORGANIZATION

5.1 Request for Proposals Requirements 13

5.2 Electronic Submittal Package Format 13

5.3 Submission of Proposals 14

SECTION 6 – REQUEST FOR PROPOSALS EVALUATION

6.1 Evaluation of Proposals 15

6.2 Selection Process and Award of Contract 15
SECTION 7 – REQUIRED FORMS TO SUBMIT 17

SECTION 8 – SAMPLE AGREEMENT

APPENDICES

Appendix 1 – Current PCI Conditions Map
Appendix 2 – Streetsaver Excel File of Current Database (See Planetbids Documents to Download)
3 SECTION 1 – NOTICE OF REQUEST FOR PROPOSALS

1.1 Request for Proposals
The City of Palm Springs is requesting proposals from qualified professional firms to update its Pavement Management Program (PMP). The selected firm will perform a comprehensive pavement condition survey of approximately 245 miles of City streets and provide updated Pavement Condition Index (PCI) data using the StreetSaver software platform. The resulting information will be used to evaluate roadway conditions and guide the City in establishing maintenance and rehabilitation capital priorities for the next five years.

1.2 Term
The Proposer shall guarantee that all contents of their submittal shall be valid for a period of 120 calendar days from the due date of submittals.

1.3 Schedule
The following is the schedule for this procurement.

Activity Due/Time
Request for Proposals Issued September 4, 2025
Request for Clarifications from Responders due Septembe r 18, 2025, 12:00 pm PST Deadline for receipt of Proposals September 25, 2025, 12:00 pm PST Interviews, if necessary Octobe r 7, 2025
Notice to Proceed Octobe r 20, 2025

1.4 RFP Documents Location
https://pbsystem.planetbids.com/portal/47688/portal-home (See RFP 25-12)

1.5 Evaluation of Proposals and Award of Contract
This solicitation has been developed in the Request for Proposals (RFP) format for the acquisition of Professional Services on the basis of demonstr ated competence and qualifications for the type of services required consistent with the provisi ons of CA Government Code 4525/4526 and Municipal Code 7.03.07. Accordingly, firms should take note that multiple factors as identified in the RFP will be considered by the Evaluation Committee. Price is evaluated as part of the evaluation criteria. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council. The selected firm will be required to comply with all insurance and license requirements of the City.

END SECTION

4 SECTION 2 – INSTRUCTIONS TO RESPONDERS

2.1 Obtaining RFP Documents and Addenda:

RFP documents can be found on PlanetBids at: https://pbsystem.planetbids.com/portal/47688/portal-home Responders will need to log in and locate this RFP for all related documents. It is the Responder ’s responsibility to check the PlanetBids site regularly to stay current on the documents that are available as this is the primary communication site for this RFP.

2.2 Responder’s Minimum Requirements – evaluated on a pass/fail basis:

A. Experience: The Responder must have at least 15 years’ experience providing engineering services for public works projects. Responders shall outline this experience in Section A of the request for proposals.

B. Related Projects: The Responder must list two (2) pavement management related projects completed within the last 10 years and one (1) within the last five (5) years’ for a public agency. The firms’ contract price for these projects must be equal to or greater than $100,000 each (design/support costs, not total construction costs). Responders shall outline this experience in Section A of the request for proposals.

2.3 Submission of Proposals:

Proposals will be electronically received through the Planet Bids electronic platform as provided in this RFP until the time specified in the schedule. The receiving time date stamp in the electronic PlanetBids system will be the governing time for acceptability of request for proposals. Paper request for proposals, or request for proposals sent by any other means will not be accepted. Failure to register as a Responder to this RFP process per the instructions in the Request for Proposals (under “Obtaining RFP Documents ”) may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a request for proposals as being non-responsive or negatively impact the evaluation of a request for proposals. Request for proposals files shall be clearly labeled per the instructions provided and submitted electronically.

2.4 Protest Procedures.

This section sets forth the protest remedies available with respect to the RFP process. Each responder, by submitting its RFP, expressly recognizes the limitation on its rights to protest contained herein, and expressly waives all other rights and remedies. Each responder agrees that the decisions on any protest, as provided herein, will be final and binding on the protestant. All protests and related statements described in this section shall be submitted for filing to the following email address:

[email protected].

A. If any attempts to resolve respondent concerns during the request for clarifications/question and answer period were unsuccessful, protests regarding the RFP requirements shall be filed only after the Q&A period ends, but no later than five calendar days after the final addendum is issued. Responders may protest the RFP requirements on the grounds that:

1. A material provision in the RFP notice is ambiguous to a point that the responder cannot respond to the solicitation, or

2. The RFP restricts fair and open competition,

3. Any aspect of the RFP requirements described herein violates applicable Local, State or Federal law.

4. Protests regarding the RFP requirements shall completely and succinctly state the grounds for protest and shall include all factual and legal documentation in sufficient detail to establish the merits of the protest. Evidentiary statements, if any, shall be submitted under penalty of perjury. The protestant shall have the burden of proving its protest by preponderance of the evidence. The outcome of 5 the RFP requirements protest shall be decided on the basis of the written submissions by the Engineering Services Department in conjunction with the City’s Legal Department, whose decision shall be final and binding on the protestant. The City will issue a written decision regarding any protests to the respondent or to each participating respondent.

5. Notwithstanding the existence of a protest, the City may continue the procurement process. The failure of a respondent to file a basis for a protest regarding the RFP requirements within the applicable period shall preclude consideration of that ground in any future protest related to RFP requirements.

6. This is the only time a prospective consultant can file a protest over RFP requirements.

7. The City may issue addenda or extend the RFP due date to address the issues raised in a requirement related protest.

B. Protests Regarding Selection of the Most Highly Qualified Team

1. The City will only consider protest by respondents that submitted Proposals.

2. Respondents may protest the selection of the Most Highly Qualified firm only on the grounds that the City did not comply with RFP process and procedures.

3. Any protests regarding the City ’s decision of Selection of the Most Highly Qualified firm shall be filed within seven calendar days after the selection or recommendation of intent to award of the Most Highly Qualified firm. The City will not accept protests filed after this time period.

4. The City will not entertain protests of RFP requirements during this stage in the process.

5. The protestant shall file a detailed written statement on the grounds, legal authority, and facts, including all documents and evidentiary statements in support of the protest. Evidentiary statements, if any, shall be submitted under penalty of perjury. The protestant shall have the burden of proving its protests by a preponderance of the evidence. Failure to file a protest within the applicable period shall constitute a waiver of the right to protest the selection of the Most Highly Qualified firm.

6. The City shall issue a written decision regarding the protest within 30 calendar days after the filing of the detailed statement of protest. The decision shall be final and binding on the protestant.

7. The City reserves the right to request information and/or documentation from the selected Most Highly Qualified firm to respond to issues raised in a protest.

C. Under no circumstances shall the City be held liable for payment of the protestant’s costs or attorneys’ fees. The City shall not be liable for any damages to the protestant filing the protest or to any participant in the protest, on any basis, express or implied.

END SECTION
6 SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT

3.1 Request for Clarifications/Questions:

A. Questions are to be submitted through PlanetBids vendor portal at the following link:
https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the RFP.

Note – The City will not accept questions submitted via email, in person, or via phone.

B. Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is as outlined in the schedule. Questions re ceived after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect.

3.2 Responders Ethical Behavior:

Responders, their representatives, agents, or anyone else acting on their behalf are specifically directed not to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below will be cause for rejection of a proposal.

3.3 Request for Proposals to Remain Open:

The Responder shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals.

3.4 Right to Accept or Reject Proposals:

The City of Palm Springs reserves the right to waive any informality or technical defect in a proposal and to accept or reject, in whole or in part, any or all proposals and to cancel all or part of this RFP and seek new proposals, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City.

3.5 Responsibility of Responder:

All firms responding to this RFP shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP without an authorized signature, falsified any information in the request for proposals package, etc.), the proposal shall be rejected.

3.6 Insurance
Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFP. The successful Responder will be required to comply with these provisions. It is recommended that Responders have their insurance provider review the insurance provisions BEFORE they submit their proposal.

3.7 Public Record:

A. All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 7921 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 7922 during the negotiation process, may be made public after the City’s negotiations are completed, and Staff has agendized the recommendation to the City Council for the award of a contract to a specific firm, but before final action is taken by the City Council to award the contract.

B. Although the California Public Records Act (“CPRA”) recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a request for proposals is a trade 7 secret. If a request is made for information marked “Confidential,” “Trade Secret, ” Proprietary,” or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction.

C. If a submitting party contends that a portion of the proposal is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records laws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys ’ fees, brought by a person challenging the City ’s refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a proposal or any other person or entity, because of the release of such information. The City will not return the original or any copies of the proposals or other information or documents submitted to the City as part of this RFP process. The City may not recognize proposals where all the information, via a blanket statement, is submitted as proprietary information or a trade secret. Such request for proposals may be found non-responsive.

3.8 Cost Related to Proposal Preparation:

The City will NOT be responsible for any costs incurred by any firm responding to this RFP in the preparation of their proposal or participation in any presentation if requested, or any other aspects of the entire RFP process.

3.9 Compliance with Law:

Responder warrants that all services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances, lawful orders, rules, and regulations.

3.10 Licenses, Permits, Fees and Assessments:

Responder represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this RFP. Responder represents and warrants to City that Responder shall, at its sole cost and expense, keep in effect at all times during the term of the Agreement if so awarded, any license, permit, qualification, or appr oval that is legally required for Responder to perform the Work and Services under the Agreement if so awarded. Responder shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the Responder ’s performance of the Work and Services required under the Agreement if so awarded. Responder shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.

3.11 Investigations:

The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFP to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein.

3.12 Non-Collusion:

The undersigned, by submission of this procurement form, hereby declares that this proposal is made without collusion with any other business making any other proposal, or which otherwise would make a proposal. Responder must execute an Affidavit of Non-Collusion provided as Attachment “B” in the RFP and include it with their proposal.
8 3.13 Signed Proposal and Exceptions:

Submission of a signed proposal will be interpreted to mean that the firm responding to this RFP has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this RFP and any attached sample agreement. Exceptions to any of the language in either the RFP documents or attached sample agreement, including the insurance requirements, must be requested under the request for clarifications/questions process by the deadline for questions. Any requested changes to the contract will be considered at that time and if changes are allowed, they will be sent out through an Addendum to all Responders.

Exceptions to the City ’s RFP document or standard boilerplate language, insurance requirements, terms, or conditions, etc. may only be considered during the early stage of the solicitation process; and shall not be included in the submitted proposals. The City makes no guarantee that any exceptions will be approved but will consider any requests put forward in the request for clarification/question process.

3.14 Award of Contract:

It is the City ’s intent to award a contract to the firm that can provide all of the scope of work tasks identified in the RFP document. However, the City reserves the right to make no award. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final.

3.15 Form of Agreement:

A. The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Professional Services Agreement (see Section 8). Please note that the exhibits are intentionally not complete in the attached sample standard document. These exhibits will be negotiated with the selected firm and will appear in the final Professional Services Agreement executed between the parties.

B. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Responder refuses or fails to execute the Agreement, or negotiations are not successful, or the Agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Responder, and so on.

C. We specifically draw your attention to the language in the sections of the sample contractual agreement attached entitled “Conflict of Interest ” and “Covenants Against Discrimination” and recommend all firms carefully consider these contractual requirements prior to submitting a proposal in response to this RFP. Firms that submit a proposal in response to this RFP shall certify the following:
• Conflict of Interest. Responder acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Responder enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Responder warrants that Responder has not paid or given, and w ill not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. • Covenant Against Discrimination. In connection with its performance under this Agreement, Responder shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender 9 expression, physical or mental disability, or medical condition (each a “prohibited basis”). Responder shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Responder certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Responder activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Responder is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

END SECTION

10 SECTION 4 – SCOPE OF WORK

4.1 Background:

The City of Palm Springs is seeking proposals for services to update its Pavement Management Program (PMP). The City uses the StreetSaver so ftware to monitor pavement condition index (PCI) scores and maintenance history for all roadways within the public right-of-way. The most recent citywide pavement condition survey was completed in 2022, with the final report issued in May 2023.

The goal of this project is to conduct a new pavement condition survey and provide updated data for the City’s roadway network, which encompasses approximately 245 miles of streets. This information will be used to evaluate current pavement conditions, update PCI scores, and support the City in developing maintenance and rehabilitation priorities for the next 5 years.

This RFP invites consultants to propose innovative yet practical methods for completing the pavement management update, with clear explanations of any proposed enhancements to the standard process and how these would benefit the City.

4.2 Scope of Services:

The scope of work generally includes pavement in spection, assessment, and rating; evaluation and integration with StreetSaver or another recommended software platform; coordination with utility agencies and Private Development to avoid project conflicts, preparation and presentation of a pavement management update report; and development of a 5-year capital improvement plan.

This scope is intended as a guide. Proposers should add any essential tasks not listed and remove any tasks deemed unnecessary for successful project delivery:

1. Project Meetings & Management
 Kick-off meeting to further define project goals, data collection methods, and anticipated project schedule.
 Anticipate an additional eight (8) interim on-line meetings during field and report writing operations to keep the project on track.
 Project management to include monitoring budgets, invoices, resources, and schedule/milestone tracking.
 Anticipate one (1) meeting to present report findings at City Council or other public meeting.

2. Field Data Collection
 Collect Pavement Condition Index (PCI) data for all street segments using the ASTM D6433 methodology for distress identification, severity classification, and PCI calculation. Automated data collection technologies such as LiDAR, imaging, AI-based systems, etc. are preferred to establish consistency in data collection. If the consultant recommends a manual (visual) inspection instead of automated data collection, the consultant shall provide a written justification explaining why manual methods are more appropriate. Note, the City will not accept any automated data collection where the cameras are mounted inside a vehicle that capture images through the windshield.  At a minimum, the field data shall include:
o Street name
o Section IDs
o Number of travel lanes
o Surface type (AC, PCC, or other)
o Street length and pavement surface width
o Pavement surface distresses consistent with ASTM D6433 definitions

11  Optional Task 1 – Pavement Depth Data Collection
o Collect pavement depth data for all street segments using non-destructive scanning technologies such as Ground Penetrating Radar (GPR), Falling Weight Deflectometer (FWD), or other recommended methods. Destructive coring may be considered only if necessary to validate results and only at select locations approved by City Staff.
 Optional Task 2 – Pavement Data Viewer
o Develop a pavement data viewing platform similar to Coachella Valley Association of Government’s (CVAG) system, that can be incorporated into the City’s GIS, which provides side-by-side visualization of roadway imagery and LiDAR data. The viewer shall display high-resolution street-level photos alongside processed LiDAR outputs, including automated crack detection and distress mapping for every street segment.
o The platform shall allow City staff to zoom into any street segment, view the pavement condition, and identify individual cracks or distresses in detail. See Figure 1 below for similar example.

Figure 1: Example of Pavement Data Viewer

 Optional Task 3 – Pavement Marking and Striping Condition o Collect data on the condition of all pavement markings and striping, including lane lines, crosswalks, stop bars, arrows, symbols, and bike lane markings. o Document deficiencies such as fading, loss of retroreflectivity, peeling, cracking, or missing sections.
o Record approximate limits and locations (by street segment) where restriping or replacement is recommended.
o Condition ratings shall follow a simple scale (e.g., Good, Fair, Poor) to allow the City to prioritize restriping needs.
o Provide tabulated data and GIS mapping to clearly identify segments requiring maintenance, repainting, or full striping replacement.

12  Optional Task 4 – Ramp Condition
o Conduct a visual inspection of curb ramps along all surveyed street segments to evaluate general ADA compliance. Measurements of slopes or elevations are not required.
o Verify the presence of truncated domes (detectable warning surfaces) at each ramp location and identify ramps lacking domes.
o Note visible deficiencies such as damaged, misaligned, or non-standard ramp designs that would prevent full ADA compliance.
o Identify missing ramps at crossings where one or more corners lack a curb ramp, such as locations where a ramp exists on one side of a crosswalk but not the opposite side.
o Provide mapping and tabulated data indicating compliant, non-compliant, and missing ramp locations. Data shall be structured to support planning of future ADA ramp upgrades and new installations.
 Optional Task 5 – Utility Access Locations and Monuments o Collect and document the location and quantity of surface utility features that may require adjustment during future paving or rehabilitation activities.

Features shall include, but not be limited to:
 Water Valves
 Gas Valves
 Sewer Manholes
 Utility Vaults
 Traffic Signal loops or pull boxes (only within road surface)  Survey monuments
o Provide mapping and tabulated data of each feature by street segment to assist in estimating adjustment quantities during construction. o Identify locations where utility features are damaged, sunken, raised, or otherwise deficient.

3. Records Keeping and Data Entry
 Update all pavement management records in StreetSaver, Excel, and GIS. Entries shall include inspection information (past/current), treatment history, and PCI history (past/current). All PCI scores shall be based on a score between 0 to 100, where 0 is the worst condition and 100 is the best condition. An associated letter grade will also be provided along side the PCI score, with F being the worst condition and A being the best condition.
 All GIS attributes shall conform to the established naming and numbering system for each street segment in the City GIS files.

4. Define Mitigation Strategies
 Review the City’s current repair strategies and provide cost effective preventative maintenance, repair, and rehabilitation strategies based on a systematic approach such as repairs based on PCI, road classifications, mobilization, and specific needs of the City.
 Based on current industry repair/rehabilitation options, define unit prices per option that are anticipated within Southern California and the last 5-year bid results in the City of Palm Springs. This price will then be used to estimate project costs of the next five (5) years.

13  Based on current slurry/pavement mix used by the City, suggest a slurry or pavement mix design that may be more suitable for Palm Springs Climate for longevity.

5. Develop a 5-year Capital Improvement Plan
 Once mitigation strategies and unit costs are defined, create two lists based on the following:
o Slurry Seal based on $1,800,000 annually for 5 years. o Pavement rehabilitation based on $8,000,000 annually for 5 years.  Each annual rehabilitation list shall include approximately 40%-50% arterials and 50%-60% residential/collector streets.
o For arterials, continuity shall be a key consideration when developing the annual project lists. Treatments should be planned in a way that maintains logical progression along each corridor, rather than isolating short or random segments in different years. The goal is to maximize efficiency, ensure corridor-wide consistency in pavement condition, and minimize disruption by addressing contiguous sections wherever feasible, rather than relying solely on spot treatments.
 An analysis for various budget scenarios shall also be included within the pavement management report.

6. Update Pavement Project Specifications
 Update Section 9 of the City Specifications.
 Update relevant City Standard Drawings for pavement design and construction.  Provide applicable standards from Caltrans, MUTCD, and other related documents to include in the Specification appendices.
 Revise and update bid schedule line items as needed to reflect current construction methods, materials, and unit price practices.

Deliverables
 Draft pavement management report to include an executive summary, field data collection techniques, and necessary data to generate a reliable pavement management program.
 Final report generated after two comment periods between City and Consultant.  Updated StreetSaver program.
 Updated Excel files.
 Updated GIS files.
 PowerPoint presentation to be used at City Council or other public meeting.  Provide any recommended pavement inventory software other than StreetSaver if it will be a benefit to the City.

4.3 Compensation:

Provide a cost proposal representing the costs associated with the services required for the project.

The City will use a “Cost Per Unit of Work” method (e.g. lump sum cost per task item or element of work) to pay for professional services relating to these projects; therefore, proposers should list a lump sum cost per each sub-task or item of work, consistent with Section 4.2 Scope of Services included as part of the proposer’s technical proposal.

END SECTION
14 SECTION 5 – REQUEST FOR PROPOSALS FORMAT AND ORGANIZATION

5.1 Request for Proposals Requirements:

The Consultant’s proposal should describe the methodology to be used to accomplish each of the project tasks. The proposal should also describe the work which shall be necessary in order to satisfactorily complete the task requirements. Please note, this Request for Proposal can not identify each specific, individual task required to successfully and completely implement this project.

The City of Palm Springs relies on the professionalism and competence of the proposer to be knowledgeable of the general areas identified in the scope of work and include in its proposal all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not approve addenda to the Consultant’s agreement which involve a substantial change from the general scope of work identified in this Request for Proposals.

5.2 Electronic Submittal Package Format:

Firms are requested to format their proposals so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 below. The request for proposals must be in an 8 ½ X 11 format, minimum 11pt font size, minimum ¾” margins, and may be no more than a total of 10 electronic pages. The 10-page limit does not count towards:

 Section 7 attachments
 Covers/Dividers
 Letters of transmittal
 References
 Resumes
 Cost Proposal/Fees

Responders must provide the information identified below. All such information shall be presented in a format that directly corresponds to the numbering scheme identified here. The electronic submittal package shall be clearly marked as per the instructions above and shall include the Sections A, B, C, D and E below:

Section A: Firm/subcontractors Qualifications and Experience including references.

A.1 Provide a detailed description of services your company has offered in other cities, emphasizing any unique features of your services relevant to the work described in this RFP. Include information on project scale, outcomes achieved, and any innovative solutions or techniques implemented.

A.2 List any subcontractor firms or contractors that will be part of your team. For each, describe their qualifications, background, and specific expertise. Explain the role each will play in this project, ensuring a clear understanding of their contribution to fulfilling the project's goals.

A.3 The selected Consultant shall demonstrate familiarity of providing services for engineering related projects (as it relates to this scope of work) and has a clear understanding of all applicable and current edition - federal, state, and local laws, ordinances and regulations including Greenbook, Caltrans, California Manual on Uniform Traffic Control Devices (MUTCD), and the rules and ordinances of the County of Riverside, applicable agencies, and the City of Palm Springs.

Section B: Staff/Teams qualifications and experience including References.

B.1. List the name and summary of relevant project scope related qualifications, years of experience, and years with company of key staff/team members that will be assigned to the project.

B.2. Provide an organization chart.
15 B.3. The respondent should list any organizations they plan to partner with to implement the scope of work.

Section C: Demonstrated understanding of the overall project and requested scope of work.

C.1 Proposed Approach for Implementing t he Scope of Work. Please describe how you would approach the Scope of Work. This would include how you would address or enhance the tasks in the Scope of Work and how you would partner with the City to implement the service.

C.2 Include a discussion on your approach to coordination efforts with City Staff, local agencies, utility companies, other regulatory, or permitting agencies involved with the project.

C.3 Discuss how your team will identify project problems, issues or conflicts that need to be resolved and the general approach to resolving them and how your team has handled unforeseen problems on similar projects in the past, including any innovative or advanced techniques your team has developed.

C.4 Discuss your team ’s approach to project controls to track project progress and expenditures, maintain critical contract documents, administer, and monitor contracts and maintain critical project information.

C.5 Identify anything else the City should consider as part of this process. Responders should provide any specific insights or advice they feel may assist the City in implementing the Scope of Work.

C.7 Provide a project schedule assuming a notice to proceed date of October 20, 2025.

Section D: Financials
D.1 Provide Fee Schedule/cost summary as an attachment to your proposal and not as a separate file when uploading into PlanetBids.

5.3 Submission of Proposals
One electronic file shall be uploaded to the PlanetBids vendor portal at the following link:
https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the RFP. All submissions must be time and date stamped by the system as being received by the deadline. Late submissions will be rejected. Proposals not meeting the above criteria may be found to be non- responsive.

END SECTION

16 SECTION 6 – REQUEST FOR PROPOSALS EVALUATION

6.1 Evaluation of Proposals:

This solicitation has been developed in the RFP most qualified firm format. Accordingly, firms should take note that multiple factors as identified in the RFP will be considered by the Evaluation Committee to determine which proposal best meets the requirements set forth in the RFP document.

An Evaluation Committee, using the following evaluation criteria for this RFP, will evaluate all responsive proposals to this RFP. Firms are requested to submit their proposal so that they correspond to and are identified with the following specific evaluation criteria (100 total points possible):

Criteria Points
Minimum Requirements: Required Experience. Pass/Fail
Firm’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFP, including References.
15 Staff / Team’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFP. 15 Demonstrated Understanding Overall project and Scope of Work:
 Understanding of scope of work.
 Understanding of project needs.
 Capability of developing innovative or advanced techniques.  Demonstrated Technical ability.
50 Fees/Costs 20
Total* 100
Scoring: The lowest cost proposal will not necessarily be the selected consultant. Staff will review what is included in each proposal’s scope of services and make sure the costs make sense to what is proposed.

Prior City work - If your firm has prior experience working with the City do not assume this prior work is known to all members of the evaluation committee. All firms are evaluated on the information contained in their request for proposals, information obtained from references (including the city and past performance if applicable), and presentations if requested. All proposals should be prepared as if the evaluation committee members have no knowledge of the firm, their qualifications, or past projects.

*Interviews – The City reserves the right to interview top ranking responders. If interviews are required, the responders invited to interview will be notified in advance and provided a format and time for the interviews. An additional 25 points will be used to score the interview based on the same criteria listed in the RFP. The 25 points will be prorated in the same proportion as the request for proposals scoring listed in the table above. Interviews will be held within 2-3 weeks after proposals are due.

6.2 Selection Process and Award of Contract:

Selection will be made by totaling the points for the proposals and interviews if required. If the fee schedule is not reasonable, the process may continue with the next highest ranked Responder. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council or City Manager depending on value.

The selected firm will be required to comply with all insurance and license requirements of the City.

END SECTION

17 SECTION 7 – REQUIRED FORMS TO SUBMIT

The following forms are required to submit as part of this Request for Proposal electronic submittal package.

 ATTACHMENT “A” SIGNATURE AUTHORIZATION
 ATTACHMENT “B” LOCAL PREFERENCE

 ATTACHMENT “C” NON-COLLUSION AFFIDAVIT

 ATTACHMENT “D” - CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION

 ATTACHMENT “E” - PUBLIC INTEGRITY DISCLOSURE

 ATTACHMENT “F” - REFERENCES

 ATTACHMENT “G” - EXECUTIVE ORDER N-6-22 CERTIFICATION

 ATTACHMENT “H” - FEE SCHEDULE

ATTACHMENT “A”

SIGNATURE AUTHORIZATION

NAME OF COMPANY(RESPONDER):

BUSINESS ADDRESS:

TELEPHONE: CELL PHONE FAX

CONTACT PERSON EMAIL ADDRESS

A. I hereby certify that I have the authority to submit this Request for Qualifications to the City of Palm Springs for the above-listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my Request for Qualifications.

PRINTED NAME AND TITLE

SIGNATURE AND DATE
B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate:

1. If successful, the contract language should refer to me/my company as:

An individual;
A partnership, Partners’ names:

A company;
A corporation If a corporation, organized in the state of:

2. My tax identification number is:

Please check below IF your firm qualifies as a Local Business as defined in the RFQ:

A Local Business (licensed within the jurisdiction of the Coachella Valley).

Copy of current business license is required to be attached to this document.

ADDENDA ACKNOWLEDGMENT:

Acknowledgment of Receipt of any Addenda issued by the City for this RFQ is required by including the acknowledgment with your Request for Qualifications. Failure to acknowledge the Addenda issued may result in your Request for Qualifications being deemed non- responsive.

In the space provided below, please acknowledge receipt of each Addenda:

Addendum(s) # is/are hereby acknowledged.

ATTACHMENT “B”
LOCAL PREFERENCE –

NOTE – Having a local office and/or valid business license from a jurisdiction in the Coachella Valley is not a requirement to submit an RFQ. If none, please state so on this page.

ATTACHMENT “C”

NON-COLLUSION AFFIDAVIT

The undersigned, deposes and says that he or she is
of
, the party making the foregoing Request for Qualifications. That the Request for Qualifications is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Request for Qualifications is genuine and not collusive or sham; that the Responder has not directly or indirectly induced or solicited any other Responder to put in a false or sham Responder, and has not directly or indirectly colluded, conspired, connived, or agreed with any Responder or anyone else to put in a sham Request for Qualifications, or that anyone shall refrain from responding; that the Responder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the future Cost Proposal price of the Responder or any other Responder, or to fix any overhead, profit, or cost element of the future Cost Proposal price, or of that of any other Responder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Request for Qualifications are true; and, further, that the Responder has not, directly or indirectly, submitted his or her Request for Qualifications or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, or any other member or agent thereof to effectuate a collusive or sham Request for Qualifications.

Signature:

Title:

Date:

ATTACHMENT “D”

CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION

Conflict of Interest. Responder acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Responder enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Responder warrants that Responder has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

Covenant Against Discrimination. In connection with its performance under the Agreement, Responder shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Responder certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Responder activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

NAME OF RESPONDER:

NAME and TITLE of Authorized Representative:

(Print)

Signature and Date of Authorized Representative:

(Sign) (Date)

ATTACHMENT “E”

PUBLIC INTEGRITY DISCLOSURE

Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.

Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:
 the owner/investor and the official have done business together during the year prior to the application;
 the official has earned income from the owner/investor during the year prior to the filing of the application;
 the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
 the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor’s interest in the applicant entity, in relation to the application’s outcome.

When Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.

What Must I Disclose?
 The names of all natural persons who are offi cers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).
 Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).
 The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant’s application, or with the City Manager or City Attorney.

Penalties: Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.

There are some additional supplementary instructions with an example following the form should you need further clarification.

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State

If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries fo r the member, manager, trust, or other entity

 Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
Other

 Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
 Other

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

[percentage of beneficial interest in entity and
name of entity]
A.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
B.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
C.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
D.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
E.

[name of owner/investor]

[percentage of beneficial interest in entity
and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date

PUBLIC INTEGRITY DISCLOSURE

Business Disclosure Supplementary Instructions

In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.

If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any.

Ultimately, the City’s disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).

As an example, Applicant is Acme Brothers, Inc., a California corporation, whose officers are John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.

The full business entity disclosure in this example would resemble the following:

1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%

ATTACHMENT “F”

REFERENCES

Reference 1
Organization name: Contact and title:

Address: Phone number:

Email Address:

Effective date of contract: Value of Contract:

Description of products/services provided:

Reference 2
Organization name: Contact and title:

Address: Phone number:

Email Address:

Effective date of contract: Value of Contract:

Description of products/services provided:

Reference 3
Organization name: Contact and title:

Address: Phone number:

Email Address:

Effective date of contract: Value of Contract:

Description of products/services provided:

ATTACHMENT “G”
EXECUTIVE ORDER N-6-22 CERTIFICATION

Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:

ATTACHMENT “H”

FEE SCHEDULE

OVERHEAD AND FEE RATE
Audited Overhead Rate * must be supportable under an audit

PERCENTAGE
Fee Percentage * fee percentage applied to the cost of work

CLASSIFICATION/TITLE UNBURDENDED
HOURLY RATE
FULLY BURDENED
HOURLY RATE
(Rate + OH + Fee)

Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles {GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 -Letting of Contracts

4. 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board {when applicable)

All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Prime Consultant or Subconsultant Certifying:

Name: Title*:

Signature: Date of Certification {mm/dd/yyyy):

Phone Number:

Email:

Address: _

*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.

30 SECTION 8 – SAMPLE AGREEMENT

SAMPLE BOILERPLATE AGREEMENT – EXHIBITS INTENTIONALLY INCOMPLETE

Note: This Agreement must be reviewed by Responders for acceptance during the RFP process, and any changes or questions must be addressed during the question- and-answer period outlined in the RFP. The City will not accept any changes to the agreement after the question period is closed. Proposals submitted with exceptions to scope and agreement terms will not be moved forward in the evaluation process.

55575.18100\42907009.1

BB&K (2024) Page 1 of 21

PROFESSIONAL SERVICES AGREEMENT [***INSERT CONTRACT
NUMBER***]
[***INSERT PROJECT AND/OR CONSULTANT’S NAME***]

This Professional Services Agreement (“Agreement”) is entered into this [***INSERT DAY***] day of [***INSERT MONTH***] , 20__ (“Effective Date”) , by and between the City of Palm Springs , a California charter city and municipal corporation, (“City ”) and [***INSERT NAME OF CONSULTANT***] , a [***INSERT ENTITY TYPE, E.G., CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, OR OTHER LEGAL ENTITY***] , (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties.”

RECITALS

A. City requires the services of a [***INSERT CONSULTANT TYPE***] , for [***INSERT SHORT PROJECT DESCRIPTION***] (“Project”).

B. Consultant has submitted to City a proposal to provide [***INSERT SHORT DESCRIPTION OF SERVICES TO BE PROVIDED ***], to City under the terms of this Agreement.

C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.

D. City desires to retain Consultant to provide such professional services.

AGREEMENT

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the W ork contemplated and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced and well qualified members of the profession currently practicing under similar conditions. [***ONLY IF NOT INCLUDING BID DOCUMENTS AS PART OF THE AGREEMENT, INSERT THE FOLLOWING SENTENCE***] In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. [***ONLY IF NOT INCLUDING BID DOCUMENTS AS PART OF AGREEMENT , DELETE LANGUAGE IN SECTION 1.2 AND INSERT PHRASE “INTENTIONALLY OMMITTED***]

55575.18100\42907009.1

BB&K (2024) Page 2 of 21

1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents” ). The City’s Request for Proposals and the Consultant’s Proposal, which are both attached as Exhibit “B” , respectively, are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall include the Consultant’s Proposal. All provisions of the Scope of Services, the City’s Request for Proposals and the Consultant’s Proposal shall be binding on the Parties.

Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2 nd) the provisions of the City’s Request for Proposal; (3 rd) the terms of this Agreement; and, (4th) the provisions of the Consultant’s Proposal.

1.3 Compliance with Law. Consultant warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes , ordinances lawful orders, rules, and regulations. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.4 Licenses, Permits, Fees, and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and under this Agreement.

1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant: (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. [***INSERT FOLLOWING SENTENCES ONLY IF SITE CONDITIONS CAN IMPACT SERVICES PROVIDED; OTHERWISE DELETE***] If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services .

Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.

2. COMPENSATION

2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of [***INSERT NOT TO EXCEED COMPENSATION AMOUNT IN WRITTEN FORM***] ($XX.XX) ("Maximum Contract Amount"), except as may be provided under Section 2.3. The method of compensation shall be as set forth in Exhibit “B. ” Compensation for necessary expenditures must be approved in advance by the Contract Officer designated under Section 4.2.[***INSERT THIS SENTENCE ONLY IF PROJECT MEETINGS ARE REQUIRED AS PART OF SERVICES***]The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City . 55575.18100\42907009.1

BB&K (2024) Page 3 of 21

Consultant shall not be entitled to any inc rease in the Maximum Contract Amount for attending these meetings.

2.2. Method of Payment . Un less another method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10 th) working day of such month. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty -five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.

3. SCHEDULE OF PERFORMANCE

3.1 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of [***INSERT TIME PERIOD, E.G., WEEKS/MONTHS/YEARS***], commencing on the Effective D ate, and ending on [***INSERT AGREEMENT END DATE***] , unless extended by mutual written agreement of the Parties.

3.2 Termination Prior to Expiration of Term . The City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant.

Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice.

City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. 55575.18100\42907009.1

BB&K (2024) Page 4 of 21

[***INSERT SECTION 3.3 BELOW ONLY IF ISSUING A WRITTEN NOTICE TO PROCEED; OTHERWISE DELETE LANGUAGE IN SECTION 3.3 AND INSERT PHRASE “INTENTIONALLY OMMITTED***]

3.4 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4. COORDINATION OF WORK

Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services . Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 55575.18100\42907009.1

BB&K (2024) Page 5 of 21

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City.In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City.

4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee.

A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.

B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.

C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under 55575.18100\42907009.1

BB&K (2024) Page 6 of 21

Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subConsultants, or agents, Consultant shall indemnify City for all such financial obligations.

4.5 California Labor Code Requirements.

A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

5. INSURANCE

5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions , unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of W ork under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the W ork or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M.

Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:

A. Errors and Omissions Insurance. Consultant shall obtain and maintain in 55575.18100\42907009.1

BB&K (2024) Page 7 of 21

full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.

(1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability cl aims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or ( b) if Consultant does not provide the certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.

(2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.

(3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.

B. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, w orkers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subConsultants, if any, to do likewise under their workers ’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations.

D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include 55575.18100\42907009.1

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coverage for owned, non-owned, leased, and hired cars.

E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.

5.2 Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions . City reserves the right to reject deductibles or self- insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.

5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant under this Agreement:

A. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents , and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.

B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties , shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.

C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies.

Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.

E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu o f required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.

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and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with sub Consultants and others engaged in the Project will be submitted to the City for review.

G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.

I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.

K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City , or to reduce or dilute insurance available for payment of potential claims.

L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible.

5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.

5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at 55575.18100\42907009.1

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any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

B. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." (" as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.

6. INDEMNIFICATION

6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to, Claims arising from injuries to or death of persons ( Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement.

Consultant’s indemnification obligation shall survive the expiration or earlier termination of this 55575.18100\42907009.1

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Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

6.2 Design Professional Services Indemnification and Reimbursement. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

7. REPORTS AND RECORDS

7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertainin g in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services . If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations , and other materials prepared by Consultant, its employees, subConsultants , and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercis e by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall ensure that all its subConsultants shall provide for assignment to City of any documents or materials prepared by them . In the event 55575.18100\42907009.1

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Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages.

7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City ’s prior written authorization.

Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

8.3 Default of Consultant . Consultant’s failure to comply with any provision of this Agreement shall constitute a default.

A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not 55575.18100\42907009.1

BB&K (2024) Page 13 of 21

constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.2.

B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3 (A), take over the work and prosecute the same to completion by contract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided in this Agreement.

8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.

8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses . These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non - judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

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9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section

7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

10. MISCELLANEOUS PROVISIONS

[***INSERT SECTION 10.1 WHEN AGREEMENT IS FOR EXTENSIVE USE OF

MATERIALS, SOFTWARE, PROGRAMS OR OTHER WORK PRODUCT PREPARED BY CONSULTANT; OTHERWISE DELETE LANGUAGE IN SECTION 10.1 AND INSERT PHRASE “INTENTIONALLY OMMITTED***]

10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise:

A. I t is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.

B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit 55575.18100\42907009.1

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or claim, provided, however, that such defense shall be at Consultant’s expense. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant’s consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.

10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty -eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:

To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332

To Consultant: [***INSERT CONSULTANT’S CONTACT INFORMATION***]

10.3 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law . If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

10.5 Successors in Interest . This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party 55575.18100\42907009.1

BB&K (2024) Page 16 of 21

beneficiary or otherwise, upon any entity or person not a party to this Agreement.

10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10.8. Corporate Authority. Each of the undersigned represents and warrants that (i ) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.

10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

10.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

[***ONLY ADD SECTION 10.11 AND INCLUDE SEPARATE EXHIBIT “D” WITH FAA PROVISIONS BELOW IF THIS AGREEMENT IS FOR THE AIRPORT; OTHERWISE DELETE THE ENTIRE SECTION***]

10.11 Federal Provisions. Since funding for the Services is provided, in whole or in part, by the Federal Aviation Administration, Consultant shall also fully and adequately comply with the provisions included in Exhibit “D” attached hereto and incorporated herein by reference (“Federal Provisions”). With respect to any conflict between such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND [***INSERT CONSULTANT’S NAME***]

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONSULTANT:

[***TWO SIGNATURES ARE ONLY REQUIRED FOR CORPORATIONS; IF CONSULTANT IS NOT A CORPORATION, DELETE SECOND SIGNATURE AND DATE LINE***]

By: ______________________________ By: _______________________________ Signature Signature

Date: __ Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager – over $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

PROPOSAL FOR
Engineering Services
for 2026 Pavement Management Plan Update
City Project 25-12
Prepared for:

Prepared by:

PROPOSAL FOR
Engineering Services
for 2026 Pavement Management Plan Update
City Project 25-12
City of Palm Springs  AMCASACR010615.2025
 i

TABLE OF CONTENTS
LETTER OF TRANSMITTAL .........................................................................................................................................................................................................................ii SECTION A. FIRM/SUBCONTRACTOR QUALIFICATIONS AND EXPERIENCE ...................................................................................................................................................1 SECTION B. STAFF/TEAM QUALIFICATIONS AND EXPERIENCE ....................................................................................................................................................................3 SECTION C. DEMONSTRATED UNDERSTANDING OF THE OVERALL PROJECT AND REQUESTED SCOPE OF WORK .......................................................................................4 SECTION D. FINANCIALS ...........................................................................................................................................................................................................................* *Per the instructions in the City’s request for proposals (RFP) and Addendum No. 1, Kimley-Horn has uploaded our cost proposal as a separate attachment.

PROPOSAL FOR
Engineering Services
for 2026 Pavement Management Plan Update
City Project 25-12
City of Palm Springs  AMCASACR010615.2025
 ii

LETTER OF TRANSMITTAL
September 25, 2025
Anthony Acosta, PE
Senior Civil Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Proposal for Engineering Services for 2026 Pavement Management Plan Update | City Project 25-12 Dear Mr. Acosta and Members of the Selection Committee:

The City of Palm Springs’ (City) roadway network welcomes millions of visitors each year, connecting them to the local economy and supporting a full-time resident population of 44,000. Over the years, the City has made significant efforts to improve its pavement management process to create a uniform, efficient, and cost-effective approach to prioritizing roadway segments for upgrades. The City’s latest effort comes with the 2026 Pavement Management Plan (PMP) Update, which will provide updated data for your roadway network and support maintenance and rehabilitation priorities for the next 5 years. Kimley-Horn is motivated to partner with you to develop this update and brings innovative and sustainable approaches to delivering these projects.

Well-Versed in the City’s PMP History. In 2024, our project manager, Tim Miller, PE, and task co-lead, Connor Evanski, PE(TX), worked alongside you to identify challenges with your existing pavement database, provide data streamlining and processing, resolve conflicts between the StreetSaver database and your geographic information systems (GIS) geodatabase, and create an effective prioritization process to deliver an impactful pavement management program. As a result, we already know every mile of pavement in your city. This foundation has equipped us to lead this work efficiently without a learning curve. We are prepared to bring forth new ideas, while preserving processes and procedures that are essential to you.

Local and Trusted Partner. Kimley-Horn’s Palm Desert office, located less than 10 miles away, has been serving you since 2019. Over this time, we have proven to you our capacity for responsiveness and executing specialized tasks, many of which have included work under the On-Call Civil Engineering and On-Call Traffic Engineering contracts. Principal-in-charge Jean Fares, PE, task co-lead Maya Bouchet, AICP and quality control/quality assurance (QC/QA) manager Kameron Qureshi, PE will support the project team, bringing forth a wealth of knowledge; together, they have worked on more than 10 City projects in the last 2 years, giving them a unique understanding of the local context, ongoing construction projects, and citywide efforts. We are committed to effectively serving you from project kick-off through project delivery. One of our primary goals as your consultant is to alleviate your workload, which we will accomplish by bringing solutions for your consideration; communicating project status and needs early and often; and consistently tracking schedule and coordination. We strive to make sure you do not have to follow up with our team on deliverables and project updates, and you can count on us to mobilize for field visits whenever you need us. We believe our past and ongoing work for you demonstrates our ability to be the primary driver of projects and lighten your workload.

How You Benefit:

Since there are no learning
curves or growing pains with
our team, you save valuable
time and precious resources
executing this project.

How You Benefit:

Your experience on this project
will be easy because we have
been serving you effectively and
will continue in that vein.
73-700 Dinah Shore Drive
Unit 101
Palm Desert, CA 92211
TEL: 925.398.4840

PROPOSAL FOR
Engineering Services
for 2026 Pavement Management Plan Update
City Project 25-12
City of Palm Springs  AMCASACR010615.2025
 iii
Cutting-Edge Technology to Keep You Ahead of the Curve. The Kimley-Horn team brings a suite of innovative technology solutions that will streamline this project and make your experience easy. Informed by our extensive pavement management experience both in California and across the US, we have developed a decision-making matrix that gives clients the option to integrate other assets and factors into the CIP decision-making process. With this matrix, you can leverage pavement condition index (PCI) values alongside factors such as water and sewer utility upgrades, future sidewalk and bikeway projects, specialty roadway designations, and proximity to disadvantaged communities, schools, and parks, which will help you avoid schedule conflicts and associated costs between pavement improvement projects and other infrastructure enhancements. Our team also includes state-of-the-art solutions from our subconsultant partners. International Cybernetics Company, LP (ICC), our data collection partner, uses vehicles that have built-in asset collection capabilities, allowing them to collect information such as Americans with Disabilities Act (ADA) ramp data at the same time as roadway data, thereby reducing the number of mobilizations into the field. Infrasense, Inc. (Infrasense) uses ground penetrating radar (GPR), a solution that helps validate pavement structural section data.

Commitment to Sustainability. Our team brings climate-friendly and cost-effective strategies and solutions that will help you mitigate climate change effects. We recently partnered with the Los Angeles Unified School Distrit (LAUSD) to evaluate Cool Pavement surface treatments to promote sustainability and mitigate the impacts of the Urban Heat Island Effect. Our project team’s pavement assessment and management experience includes hands-on knowledge of recycled pavement strategies, such as partial and full-depth reclamation, that has helped our clients save money on their pavement projects. We also focus on using specialized surface treatments that sequester greenhouse gases (GHG) to help you mitigate heat island effects, which are especially prevalent in Coachella Valley. We are committed to helping you launch into the future that you want for your city.

Kimley-Horn is the best qualified firm to deliver this project to the City. Should you have any questions, please reach out to our project manager, Tim Miller, PE, at 916.571.1015, [email protected], or at the address at the top right of the previous page. Thank you for your consideration of our proposal.

Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.

Tim Miller, PE Jean Fares, PE
Project Manager Senior Vice President*
Kimley-Horn affirms that all contents of our proposal are valid for period of 120 days starting from September 25, 2025.

Kimley-Horn acknowledges the receipt of Addendum No. 1, issued on September 18, 2025.

How You Benefit:

You capitalize on technology
solutions that will give you an
efficient project schedule and
help you avoid redundancies.
*As senior vice president of
Kimley-Horn, Jean is authorized
to represent the firm during
contract negotiations.

How You Benefit:

Equipped with sustainable
solutions and strategies, your
PMP Update is fully prepared
for and ready to address
climate change impacts and
leverage sustainable pavement
recycling techniques that can
position the City for unique
funding opportunities.

PROPOSAL FOR
Engineering Services
for 2026 Pavement Management Plan Update
City Project 25-12
City of Palm Springs  AMCASACR010615.2025
 1
SECTION A. FIRM/SUBCONTRACTOR

QUALIFICATIONS AND EXPERIENCE
A1. Similar Services
Kimley-Horn has more than 58 years of experience providing engineering services for public works projects. We have completed extensive pavement management-related projects for public agencies within the last 10 years.

City of Palm Springs, PMP Support, Palm Springs, CA
The City tasked Kimley-Horn to enhance and reconcile its roadway PMP , which spans nearly 250 miles. Our comprehensive approach involved evaluating the City’s current StreetSaver pavement management database and comparing it to the City’s GIS geodatabase to identify and address discrepancies. We assessed the existing data, reviewed linear segmentation, and identified and adjusted discrepancies. Based on our evaluation, we provided recommendations for improving data consistency and integrating the databases more effectively. Our services included implementing the approved changes, updating the databases, and training City personnel to leverage these enhancements and use StreetSaver effectively.

Outcomes Achieved: This project resulted in an organized, accurate, and current representation of the City’s roadway system that is still in place today.

Innovative Solutions or Techniques Implemented: Kimley-Horn utilized advanced GIS geoprocessing validation tools so that section geometry accurately represented real-world conditions. We used efficient data uploading tools within the StreetSaver program to accelerate the updating process.

Contract Duration: March 2024 – February 2025
Contract Value: $48,600
Riverside County Transportation Commission (RCTC), Express Lanes Pavement Analysis Services, Riverside County, CA
RCTC contracted Kimley-Horn to conduct a comprehensive analysis of their toll lanes, spanning 92 miles of toll road infrastructure along SR 91 and I-15. For this project, our services focus on proactive pavement management by combining high-speed data collection with advanced repair strategies. We used cutting-edge technologies to gather structural, functional, and friction data so there was minimal disruption to toll operations. We then analyzed this data to recommend cost-effective repair strategies that minimize revenue loss and maximize service quality for toll-paying customers.

Our deliverables included detailed pavement management reports and plans, along with field marking for recommended repairs, all tailored to meet RCTC’s specific needs while maintaining efficient lane usage and revenue preservation.

Outcomes Achieved: This project identified areas that required friction improvements and locations needing emergency repairs. By addressing these deficiencies, roadway safety and pavement performance were restored, directly improving driver comfort and confidence during travel.

Innovative Solutions or Techniques Implemented: Our team innovatively evaluated pavement conditions using advanced technologies, including laser crack measurement systems, a traffic speed deflectometer (TSD), and GPR. By capturing comprehensive data at highway speeds, we eliminated the need for traffic control or lane closures, reducing disruption while delivering safer, faster, and more accurate assessments.

Contract Duration: August 2024 – Ongoing
Contract Value: $1,072,613
39%
5%
20%
4%
32%
Palm Springs has 59 miles
of roadway currently eligible
for sustainable, recycled
paving techniques!
StreetSaver Condition Category
Category I - Very Good
Category II - Good (Non-Load)
Category III - Good (Load)
Category IV - Poor
Category V - Very Poor

PROPOSAL FOR
Engineering Services
for 2026 Pavement Management Plan Update
City Project 25-12
City of Palm Springs  AMCASACR010615.2025
 2
City of Monterey, PMP Update, Monterey, CA
Kimley-Horn developed a PMP update that included: a network-level evaluation of approximately 103 miles of pavement to reflect any new pavement maintenance and repairs completed in the past 5 years; a PCI assessment of the City’s network’s pavement and 3.9 miles of the Monterey Peninsula Regional Trail; a determination of current network, branch, and section PCI values; and a project report. We conducted the PCI assessment in accordance with Metropolitan Transportation Commission (MTC) standards and relied on the experience of MTC-certified pavement inspectors.

Outcomes Achieved: The City received a maintenance and rehabilitation (M&R) schedule that they used to develop their CIP , budget analysis, and final report.

Innovative Solutions or Techniques Implemented: Kimley-Horn applied innovative field data collection methods enhanced with GIS-based online tracking to minimize errors and improve accuracy. Leveraging these insights, our team recommended cost-effective and sustainable M&R strategies that provided the City with smarter, data-driven decision-making tools.

Contract Duration: August 2023 – May 2024
Contract Price: $114,425
City of West Sacramento, 2024 Neighborhood Pavement
Preservation and Arterial Streets Pavement Repair, West Sacramento, CA
Kimley-Horn recently completed this project that preserves and rehabilitates roadways within West Sacramento. We provided engineering services for drafting pavement maintenance limits, dig-out locations, replacement striping and pavement markers, and signage locations. To further enhance the City’s pavement program, Kimley-Horn developed an integrated asset management framework, which used a multi-criteria scoring matrix that combines PCI data with factors such as utility schedules, planned sidewalks and bikeways, roadway classifications, and designations like evacuation and truck routes. Equity and safety are central: a GIS-based analysis incorporated proximity to disadvantaged communities, schools, parks, and places of worship so that maintenance strategies address community needs fairly while improving safety. Custom ArcPy geoprocessing tools automated scoring and ranking, producing a data-driven roadmap for prioritizing reconstruction, rehabilitation, and preservation projects. This integrated approach minimizes scheduling conflicts, lowers costs, and advances transportation equity and safety, offering a replicable model for municipalities seeking more holistic roadway asset management.

Outcomes Achieved: The City received this project that was not only on time and within budget, but also is equity-minded and improves safety. The City noted that this tool saved them several weeks of work during their annual CIP development process.

Innovative Solutions or Techniques Implemented: Kimley-Horn developed an integrated asset management framework to optimize pavement preservation and resurfacing schedules while reducing infrastructure conflicts.

Contract Duration: April 2024 – July 2025
Contract Price: $63,770
A2. Subcontractors
To provide the City with the depth of resources necessary to deliver services for this project, Kimley-Horn has teamed with three experienced and skilled subconsultant firms to supplement our in-house team.

ICC | Distress and Asset Data Collection
ICC has revolutionized the way pavement management and
infrastructure solutions are delivered. They are an industry leader in providing fully integrated, end-to-end data collection, processing, and

PROPOSAL FOR
Engineering Services
for 2026 Pavement Management Plan Update
City Project 25-12
City of Palm Springs  AMCASACR010615.2025
 3
visualization tools. Their services include automated and semi-automated pavement condition assessments, non-destructive pavement testing and analysis, right-of-way asset inventory development using 360° imagery and mobile LIDAR, sidewalk condition surveys using a sidewalk surface tester, and more. They have completed more than 50 projects in California, analyzing 4,965 miles of pavement condition data using Easy Steets Analysis (ESA) and StreetSaver for more than 20 municipalities.

Infrasense | Ground Penetrating Radar (GPR)
Infrasense, incorporated in 1987, brings more than 160 person- years of pavement data collection and processing experience, with a focus on GPR surveys. Their data collection and analysis services for GPR pavement surveys totals more than 50,000 lane-miles for municipalities and state departments of transportation (DOTs) throughout the US.

Their experience, coupled with proprietary GPR data analysis software, facilitates accurate computation of pavement structure evaluation results that can be customized to fit specific client needs. Their pavement structural analysis techniques and software have been extensively studied and evaluated; where quality assurance confirmations were conducted, Infrasense’s GPR pavement thickness results were typically 5–10% of the core data.

Verdantas, Inc. | Geotechnical Services
Verdantas, Inc. (Verdantas), founded in 2020 and employing more than 2,000 professionals in 22 states, has provided geotechnical pavement evaluation as well as soils and materials testing services for numerous local transportation projects for various cities, public agencies and municipalities. They have completed recent projects for the Escena Community in Palm Springs, Griffin Ranch in La Quinta, and the Cities of Rancho Mirage. They have also performed several studies for multiple schools with Palm Springs. Verdantas’ local services included obtaining encroachment permits to allow for exploration, performing site reconnaissance, coring/drilling existing asphalt sections, providing laboratory testing on representative soil samples, and preparing a report with recommended rehabilitation options based on their team’s findings.

A3. Familiarity With Providing Services
Kimley-Horn is well prepared and well positioned to successfully deliver this project to the City, as we have already demonstrated our familiarity with providing services as related to this project’s scope of work as well as our understanding of all applicable and current edition of federal, state, and local laws, rules, and ordinances.

Pavement Management Services
Kimley-Horn knows pavement. Each year, we assess thousands of miles using advanced technologies and software systems, supported by our experience in pavement materials, failure mechanisms, and rehabilitation strategies. We bring direct familiarity with the City’s StreetSaver database and leverage condition data to secure roadway maintenance funding for City stakeholders.

Our team specializes in pavement management, engineering, roadway maintenance, rehabilitation, and CIP development, transforming pavement data into actionable decision-making. By selecting the right treatment on the right street at the right time, we help agencies maintain resilient infrastructure economically and efficiently. Our approach integrates pavement management software with ESRI ArcGIS mapping and systems such as StreetSaver, Cartegraph, and PAVER. With a team of 150 professionals—many of whom are certified in pavement distress inspection and trained in pavement management software—Kimley-Horn provides unmatched expertise and innovative tools to deliver results.

Familiarity with Federal, State, and Local Laws, Ordinances, and Regulations
Due to our work for the City as well as other public agencies in both Coachella Valley and Riverside County, Kimley-Horn brings an intimate understanding of the area’s challenges as well as the regulations, codes, procedures, and infrastructure requirements that come into effect. We are familiar with the Standard Specifications for Public Works Construction (Greenbook), California Manual on Uniform Traffic Control Devices (MUTCD), and the latest Caltrans Highway Design Manual (HDM) and 2023 Standard Plans and Specifications, and we have experience applying these laws, ordinances, and regulations to City projects as well as task orders issued from our On-Call Civil Engineering Services and On-Call Traffic Engineering Services contracts with the City.

SECTION B. STAFF/TEAM QUALIFICATIONS

AND EXPERIENCE
B1. Key Staff
Kimley-Horn has taken great care in providing the City with experienced key staff who have extensive, relevant scope-related qualifications to successfully deliver this project. We have provided resumes for our key personnel at the end of our proposal.

PROPOSAL FOR
Engineering Services
for 2026 Pavement Management Plan Update
City Project 25-12
City of Palm Springs  AMCASACR010615.2025
 4
B2. Organizational Chart
Kimley-Horn knows that the keys to a project’s success are individuals who focus on quality, proactive communication, and successful partnerships, and we have assembled a team that is tailor-made for the City and the project. We have organized our team to cover the services that you will need based on the project’s scope of work and to provide experienced and efficient project management. The organizational chart above illustrates our team’s organizational structure.

B3. Partner Organizations
Kimley-Horn does not anticipate the need to partner with any organizations apart from the City to execute this scope of work.

SECTION C. DEMONSTRATED UNDERSTANDING

OF THE OVERALL PROJECT AND REQUESTED

SCOPE OF WORK
C1. Proposed Approach for Implementing the Scope
of Work
Kimley-Horn will deliver the PMP Update according to the following work approach. We have implemented this approach in numerous municipalities locally and statewide, and we are confident that this approach can be tailored to the City’s specific needs.

RECORD KEEPING AND DATA ENTRY
Jalen Rich, EIT
Connor Evanski, PE(TX)*

QC/QA MANAGER
Kameron Qureshi, PE

PROJECT SPECIFICATIONS
Ali Zalghout, PE(AZ, NV)*
Jalen Rich, EIT

PROJECT MANAGER
Tim Miller, PE*

PRINCIPAL-IN-CHARGE
Jean Fares, PE*
5-YEAR CIP AND MITIGATION

STRATEGIES
Connor Evanski, PE(TX)*
Maya Bouchet, AICP*
Ali Zalghout, PE(AZ, NV)*

DISTRESS AND ASSET DATA

COLLECTION
Geoff Dew1*
Johan Haan1
Andrew Minty1
Donna Daniels1
Gary Naylor1
Subconsultants:

1. ICC

2. Verdantas

3. Infrasense
* = Key Staff
Bold = Task Lead

GROUND PENETRATING RADAR
Evan Guarino, PE3

GEOTECHNICAL SERVICES
Bashir Saiid, PE2

Deliverables:
• Effective Structural Number (SN) and deflection data
Figure 1. IrisPRO Pave vehicle

We will include the results in a database that integrates inspection data, PCI history, and GIS attributes into one platform.

Kimley-Horn will evaluate the City’s current slurry and pavement mix designs.

The draft report will also include the recommended mitigation strategies, unit costs, budget scenario analysis, and the 5-year CIP .

We will prepare appendices with applicable standards from Caltrans, MUTCD, and other related references that serve as industry benchmarks.

As part of this effort, our engineers will also update bid schedule line items to match today’s construction methods, materials, and unit price practices.

PROPOSAL FOR
Engineering Services
for 2026 Pavement Management Plan Update
City Project 25-12
City of Palm Springs  AMCASACR010615.2025
 9
By combining technical expertise with a proactive, collaborative approach, Kimley- Horn will provide the City with a well-coordinated pavement management program that not only delivers reliable technical results but also fits seamlessly into the broader fabric of local infrastructure planning and community needs.

C3. Identifying and Resolving Issues
Kimley-Horn understands that even the most well-planned pavement management projects can encounter unforeseen challenges. Our approach to identifying and resolving issues is built around early detection, transparent communication, and technical innovation.

Proactive Identification of Issues
Our team employs multiple tools to identify potential project problems before they escalate. During field data collection, quality control protocols—such as calibration checks, repeat surveys, and spot validations—help flag anomalies in distress data or pavement thickness measurements. On the data management side, our engineers review StreetSaver, Excel, and GIS entries for consistency and perform automated checks to catch mismatches in section identification, attributes, or PCI calculations.

These steps allow us to identify issues early in the process when they can be resolved most cost-effectively.

Approach to Resolution
When issues or conflicts arise, we take a structured, collaborative approach:
• Immediate Communication: We promptly communicate potential problems to City staff, along with recommended options for resolution. • Root-Cause Analysis: Our engineers evaluate technical causes (e.g., data gaps, unexpected field conditions, or conflicting specifications) using both field observations and analytical tools.
• Solution Development: We develop and present alternatives to the City, including cost, schedule, and constructability impacts, so the City can make informed decisions.

Experience Handling Unforeseen Problems
Kimley-Horn has a proven record of managing unexpected challenges for cities across California. Examples include:
• On a recent pavement management project, GPR helped our team identify unforeseen subsurface variability. We quickly collaborated with client staff to refine treatment strategies, avoiding costly overdesign.
• During an FDR project, unexpected utility conflicts surfaced. Our engineers revised the specifications in real time, incorporating sequencing changes and clarifying Contractor responsibilities to keep the project on schedule.

Innovative and Advanced Techniques
We regularly apply advanced techniques to mitigate risks and resolve problems, including:
• Integrated GPR and structural evaluation to cross-validate structural capacity and identify weak pavement zones.
• GIS-driven conflict mapping to overlay planned treatments with utility and agency projects, preventing redundant work.
• Dynamic decision trees that adjust treatment selection when budget or network priorities change.

C4. Project Controls
Kimley-Horn has an excellent record of completing projects on schedule and within budget. We have a sophisticated Management Information System (MIS)—including software such as the CostPoint Engineering Accounting system and Microsoft Power BI—that allows our project managers to monitor budgets and effort closely. Using the Project Effort Reports generated twice monthly by our MIS, project managers gain a clear understanding of the project scope early in the process to develop a realistic, well- thought-out work plan. Once we develop the work plan with the City, project manager Tim Miller, PE communicates the key milestones and submittal dates—including time for QC/QA reviews—as well as the importance of maintaining the established schedule and budget to the project team. This communication, along with teamwork and organization, results in successful projects and satisfied clients.

Since our founding, Kimley-Horn has aggressively pursued a commitment to quality for every task, deliverable, and service provided by the firm. Recognizing the importance of careful QC, Kimley-Horn developed a QC/QA manual that every project manager and task lead is required to know and use. We strive for our procedures to facilitate the delivery of high-quality services that satisfy our clients’ needs on time. Our QC/QA program will include review of project documents and supporting data by our task leads, who will direct individual tasks. Weekly or bimonthly full team meetings with the task lead will enhance this network review. We have used this program in our past experiences working with the City, and we will continue to implement this check on quality for our future work in the City.

PROPOSAL FOR
Engineering Services
for 2026 Pavement Management Plan Update
City Project 25-12
City of Palm Springs  AMCASACR010615.2025
 10
C5. City Considerations
Kimley-Horn views the pavement management program as more than a technical exercise; it is a strategic investment tool for the City. Based on our experience with municipalities across Southern California, we recommend the following considerations to maximize the value of this effort:
• Aligning the program with the City’s broader CIP , utility coordination, and long- range transportation planning to reduce costs and minimize disruption • Using clear visuals and summaries to support public communication and council decision-making
• We also recommend positioning the program to adapt to emerging technologies, sustainability initiatives, and funding opportunities, from reflective surface treatments that reduce urban heat island effects to Senate Bill 1 and metropolitan planning organization (MPO) grant programs.

C6. Project Schedule
Project Schedule 2025 2026
Task # Subtask October November December January February March April 1 Project Meetings and Mangement (1) (5)
2 Field Data Collection

2.1 Field Data Processing

2.a* Pavement Depth Data Collection

2.b* Pavement Data Viewer

2.c* Pavement Marking and Striping Condition Data Collection

2.d* Ramp Condition Data Collection

2.e* Utility Access Locations and Monuments Data Collection 3 Records Keeping and Data Entry (2)
4 5-year Capital Improvement Plan (4)
5 Update Pavement Project Specifications (3)
*Optional Task
Deliverables:
(1) Kick-off Meeting with Agenda and Minutes
(2) Updated StreetSaver database, Excel files, and GIS files including data from Optional Tasks
(3) Revised Section 9 specifications and Updated Standard Drawings (4) Draft and Final Reports with Recommended CIP
(5) Final City Council Presentation

PROPOSAL FOR
Engineering Services
for 2026 Pavement Management Plan Update
City Project 25-12
City of Palm Springs  AMCASACR010615.2025
 iv
Tim Miller, PE
Project Manager
Tim is an experienced project manager and pavement engineer who brings a deep pavement engineering and assessment background to the team. Throughout his career, Tim has focused on pavement condition assessments and forensic evaluations for a diverse group of clients, including public agencies of all sizes, the Federal Highway Administration (FHWA), state DOTs, commercial and general aviation airports, and the Department of Defense.

Having personally conducted hundreds of roadway pavement forensic evaluations and condition assessments, Tim is skilled at interpreting pavement conditions and determining appropriate rehabilitation strategies. His work has resulted in the development of multi-million-dollar capital improvement programs.

RELEVANT EXPERIENCE
City of Palm Springs, PMP Support, Palm Springs, CA – Project Manager RCTC, Express Lanes Pavement Analysis Services, Riverside County, CA – Project Manager City of Laguna Woods, PMP , Laguna Woods, CA – Project Manager City of Artesia, PMP , Agoura Hills, CA – Project Manager City of Malibu, PMP , Malibu, CA – QC/QA Manager
City of Agoura Hills, Pavement Management System (PMS) Update, Agoura Hills, CA – Project Manager City of Monterey, PMP Update, Monterey, CA – Project Manager City of Marina, Reservation Road Pavement Rehabilitation, Marina, CA – Project Manager City of Hollister, Pavement Condition Assessment, Hollister, CA – Project Manager City of Menlo Park, Sand Hill Circle Pavement Rehabilitation, Menlo Park, CA – Project Manager City of Union City, Union City Boulevard Improvements (Pavement Rehabilitation), Union City, CA – Senior Pavement Engineer
City of Oakland, Broadway Pavement Rehabilitation Program, Oakland, CA – Senior Pavement Engineer City of Oakland, Broadway Transit and Pedestrian Safety Improvements (Pavement Rehabilitation), Oakland, CA – Senior Pavement Engineer
City of Fairfield, PMP Implementation, Fairfield, CA – Project Engineer County of Marin, Pavement Assessment Services for Park Properties, Marin County, CA – Project Manager Marin Municipal Water District, Pavement Management Consulting Services, Corte Madera, CA – Project Manager City of West Sacramento, 2024 Neighborhood Pavement Preservation and Arterial Streets Pavement Repair, West Sacramento, CA – Project Manager City of Citrus Heights, Greenlane Lane Complete Streets Improvements (Pavement Rehabilitation), Citrus Heights, CA – Senior Pavement Engineer Professional Credentials
» Master of Science, Civil and
Environmental Engineering,
University of Wisconsin
» Bachelor of Science, Civil and
Environmental Engineering,
University of Wisconsin
» Professional Engineer in
California #82327
» Pavement Rating Certification, MTC
and Orange County Transportation
Authority (OCTA)
Professional Affiliations
» American Society of Civil
Engineers (ASCE), Member
» American Council of Engineering
Companies (ACEC), Member
» American Public Works
Association (APWA), Member
» Transportation Research Board (TRB),
Standing Committee on Pavement
Performance, Evaluation, and Surface
Interaction (AKN17), Member
Total Years of Experience: 19
Years with Kimley-Horn: 7

PROPOSAL FOR
Engineering Services
for 2026 Pavement Management Plan Update
City Project 25-12
City of Palm Springs  AMCASACR010615.2025
 v
Jean Fares, PE
Project Manager
Jean brings more than 36 years of professional experience in the fields of traffic and transportation engineering. He is the contract manager on Kimley-Horn’s On-Call Traffic Engineering Services contract with the City. He has supported other Coachella Valley municipalities, including the Cities of Rancho Mirage, Palm Desert, Indian Wells, La Quinta, and Indio. He has also worked with several other agencies in the area, including the Coachella Valley Association of Governments (CVAG) and Caltrans District 8.

RELEVANT EXPERIENCE
City of Palm Springs, On-Call Traffic Engineering Services, Palm Springs, CA – Contract Manager City of Palm Springs, Racquet Club Road Lane Reconfiguration Project, Palm Springs, CA – Principal-in-Charge City of Palm Springs, South Palm Canyon Road Reconfiguration Project, Palm Springs, CA – Principal-in-Charge City of Palm Springs, Citywide Pedestrian Crossing Study and Design, Palm Springs, CA – Principal-in-Charge City of Palm Springs, Indian Canyon and Via Escuela Traffic Signal Installation, Palm Springs, CA – Principal-in-Charge City of Palm Springs, Citywide Engineering and Traffic Survey, Palm Springs, CA – Project Manager City of Palm Springs, Highway Safety Improvement Program (HSIP) Cycle 9: Traffic Signal Improvements, Palm Springs, CA – Project Manager City of Palm Springs, Transportation Management Center (TMC) Improvements, Palm Springs, CA – Project Manager City of Palm Springs, TMC Troubleshooting and Timing Plan Review, Palm Springs, CA – Project Manager City of Rancho Mirage, Traffic Signal Interconnect Improvements Project Phase I, Rancho Mirage, CA – Project Manager City of Rancho Mirage, Traffic Signal Interconnect Improvements Project Phase II, Rancho Mirage, CA – Project Manager City of Palm Desert, Fred Waring Drive and Monterey Avenue Roadway Improvements, Palm Desert, CA – QC/QA Manager City of Palm Desert, HSIP Cycle 10 Project: High Visibility Crosswalk Improvements, Palm Desert, CA – Project Manager City of Palm Desert, Coachella Valley (CV) Link Enhancements, Palm Desert, CA – Project Manager City of Palm Desert, Haystack Road and SR 74 Intersection Modification, Palm Desert, CA – Project Manager City of Palm Desert, Portola Avenue Neighborhood Mobility Strategies Study, Palm Desert, CA – Principal-in-Charge City of Palm Desert, El Paseo Decorative Crosswalks Planning and Design Project, Palm Desert, CA – Project Manager City of Palm Desert, Traffic Operations and Capacity Improvements, Palm Desert, CA – Project Manager City of Indian Wells, On-Call Engineering Services, Indian Wells, CA – Principal-in-Charge City of La Quinta, Systemic Safety Analysis Report Program, La Quinta, CA – Principal-in-Charge City of Indio, Local Road Safety Plan, Indio, CA – Principal-in-Charge Professional Credentials
» Bachelor of Science, Architecture,
California State Polytechnic
University, Pomona
» Traffic Engineer in California #2097
Professional Affiliations
» Institute of Transportation
Engineers (ITE), Member
Total Years of Experience: 36
Years with Kimley-Horn: 31

PROPOSAL FOR
Engineering Services
for 2026 Pavement Management Plan Update
City Project 25-12
City of Palm Springs  AMCASACR010615.2025
 vi
Connor Evanski, PE(TX)
5-Year CIP and Mitigation Strategies Co-Lead;
Record Keeping and Data Entry
Connor has experience
working on pavement management
projects, including both roadway and airfield
pavement networks. His experience includes
leading field pavement inspections according
to MTC and ASTM standards, developing
pavement network definitions, distress
analysis, CIP programming, and creating
exhibits in ArcGIS to present inspection
results. Connor is proficient in StreetSaver,
ArcGIS Pro, AutoCAD, and PAVER 7.0.

RELEVANT EXPERIENCE
City of Palm Springs, PMP Support, Palm
Springs, CA – Analyst
RCTC, Express Lanes Pavement Analysis
Services, Riverside County, CA – Analyst
City of Laguna Woods, PMP , Laguna Woods, CA – Analyst City of Agoura Hills, PMS Update, Agoura Hills, CA – Analyst City of Monterey, PMP Update, Monterey, CA – Analyst
City of Hollister, Pavement Condition Assessment, Hollister, CA – Analyst City of West Sacramento, 2024 Neighborhood Pavement Preservation and Arterial Streets Pavement Repair, West Sacramento, CA – Analyst
City of Folsom, Blue Ravine Road Pavement Condition Investigation and Rehabilitation Analysis, Folsom, CA – Analyst
Consumnes Community Services District, Pavement Evaluation, Elk Grove, CA – Analyst
Marin Municipal Water District, Pavement Management Consulting Services, Corte Madera, CA – Analyst
Mendocino College, Pavement Evaluation, Ukiah, CA – Analyst Maya Bouchet, AICP
5-Year CIP and Mitigation Strategies Co-Lead
Maya is a transportation
planner with experience in
municipal transportation projects. She has
supported the City as a key personnel on
Kimley-Horn’s On-Call Civil Engineering
Services and On-Call Traffic Engineering
Services contracts, working on projects
that range from sidewalk improvements,
bike lane design, signing and striping plans,
traffic signal improvements, traffic study
preparation, and community engagement,
and thus giving her an intimate familiarity
with the City’s CIP and priorities.

RELEVANT EXPERIENCE
City of Palm Springs, PMP Support, Palm Springs, CA – Project Planner City of Palm Springs, On-Call Civil Engineering Services, Palm Springs, CA – Project Planner
City of Palm Springs, On-Call Traffic Engineering Services, Palm Springs, CA – Project Planner
City of Palm Springs, Racquet Club Road Lane 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, Traffic Signal and Communication Inventory and GIS Update, Palm Springs, CA – Project Manager
City of Palm Springs, Citywide Sign Inventory Project, Palm Springs, CA – Project Planner
City of Palm Springs, Indian Canyon and Via Escuela Traffic Signal Installation, Palm Springs, CA – Project Manager
City of Palm Springs, Palm Canyon Drive and Camino Real Intersection Improvements, Palm Springs, CA – Project Manager
Professional Credentials
» Bachelor of Science, Civil
Engineering, California
Polytechnic State University,
San Luis Obispo
» Professional Engineer
in Texas #157782
» Engineer-in-Training in
California #169310
» Pavement Rating
Certification, MTC and OCTA
Total Years of Experience: 5
Years with Kimley-Horn: 5
Professional Credentials
» Bachelor of Science,
Policy, Planning, and
Development, University of
Southern California
» American Institute of Certified
Planners #34252
Total Years of Experience: 7
Years with Kimley-Horn: 7

PROPOSAL FOR
Engineering Services
for 2026 Pavement Management Plan Update
City Project 25-12
City of Palm Springs  AMCASACR010615.2025
 vii
Ali Zalghout, PE(AZ, NV)
Project Specifications Lead; 5-Year CIP and
Mitigation Strategies
Ali is a pavement engineer
whose experience encompasses pavement
design, management, evaluation, and
construction, with a focus on sustainable
practices like asphalt recycling and fiber-
reinforced mixtures. He has successfully
managed diverse projects for airports, local
municipalities, and private sector stakeholders
ensuring precision and cost-effectiveness.

Ali has contributed significantly to the field
with more than 10 publications and is
actively involved in advancing pavement
engineering through his role at the TRB’s
Standing Committee on Pavement Asset
Management (AKN 19).

RELEVANT EXPERIENCE
City of Palm Springs, PMP Support, Palm
Springs, CA – Analyst
RCTC, Express Lanes Pavement Analysis
Services, Riverside County, CA – Analyst
County of San Benito, Union Road
Pavement FDR Project, San Benito, CA – Analyst
City of Menlo Park, Sand Hill Circle Pavement Rehabilitation, Menlo Park, CA – Analyst
City of Menlo Park, CIR Project, Menlo Park, CA – Analyst Marin Municipal Water District, Pavement Management Consulting Services, Corte Madera, CA – Analyst
City of Ketchum, PMP , Ketchum, ID – Analyst
City of Highland Park, PMS Update, Highland Park, TX – Analyst Professional Credentials
» Master of Science, Civil and
Environmental Engineering,
Arizona State University
» Bachelor of Engineering,
Civil and Environmental
Engineering, American
University of Beirut, Lebanon
» Professional Engineer
in Arizona #84542
and Nevada #034627
» Engineer-in-Training in
California #184632
» Pavement Rating
Certification, MTC and OCTA
» PAVER Levels I and II
Training Certification
Total Years of Experience: 7
Years with Kimley-Horn: 2
Geoff Dew
Distress and Asset Data
Collection Lead
Geoff is an accomplished
data analysis manager experienced in
pavement and asset data collection and
processing. He manages ICC’s data
processing team and associated tasks,
from verifying incoming data streams
to overseeing each step of the data
processing efforts. His experience includes
500,000 miles of data processing for 12
DOTs, delivering more than 3.5 million
unique assets across 70 different asset types. Geoff actively develops project-specific manuals, trains staff, manages project quality control measures, and thoroughly prepares data for post-processing. In addition, he has meticulously designed and implemented standard operating procedures (SOPs) and data quality management programs (DQMPs) on both the department and project levels.

RELEVANT EXPERIENCE
Arizona DOT, Network Data Collection and Processing, Statewide, AZ – Project Manager
Wyoming DOT, Network Pavement Data Collection and Processing, Statewide, WY – Project Manager
City of Fort Worth, Texas Pavement Condition Survey, Fort Worth, TX – GIS and Data Processing Manager
City of Dallas, Texas Pavement Condition Survey, Dallas, TX – GIS and Data Processing Manager
City of Tampa, Florida Pavement Management, Tampa, FL – GIS and Data Processing Manager
Delaware DOT, Pavement Condition Data Collection, Statewide, DE – GIS and Data Processing Manager
Professional Credentials
» Bachelor of Science,
Business Administration—
Human Resources
Management, Durham College
Total Years of Experience: 18
Years with ICC: 5
Tim Miller, PE
[email protected]
916.571.1015
73-700 Dinah Shore Drive, Unit 101
Palm Desert, CA 92211
www.kimley-horn.com
Contact

ATTACHMENT “A”
SIGNAT

URE AUTHORIZATION
NAME OF COMPANY(RESPONDER):

BUSINESS ADDRESS:

TELEPHONE: CELL PHONE FAX

CONTACT PERSON EMAIL ADDRESS
A. I hereby certify that I have the authority to submit this Request for Qualifications to the City of Palm Springs for the above-listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my Re quest for Qualifications.

PRINTED NAME AND TITLE

SIGNATURE AND DATE
B. The followin g information relates to t
he legal contractor listed above, whether an
individual or a company. Place check marks as appropriate:

1. If successful, the contract language should refer to me/my company as:

An individual;
A partnership, Partners’ names:

A company;
A corporation If a corporation, organized in the state of:

2. My tax identification number is:

Please check below IF your firm qualifies as a Local Business as defined in the RFQ:

A Local Business (
licensed within the jurisdiction of the Coachella Valley).

Copy of current business license is required to be attached to this document.

ADDENDA ACKNOWL
EDGMENT:

In the space provided below, please acknowledge receipt of each Addenda:

Addendum(s) # is/are hereby acknowledged.

Jean B. Fares, PE, Senior Vice President
September 25, 2025
56-0885615
North Carolina
Tim Miller, PE
760.565.5103
617.990.6085
73-700 Dinah Shore Drive Unit 101, Palm Desert CA 92211 Kimley-Horn and Associates, Inc.
1 N/A
[email protected]

   

ATTACHMENT “B”
LOCAL PREFERENCE –

NOTE – Having a local office and/or valid business license from a jurisdiction in the Coachella Valley is not a requirement to submit an RFQ. If none, please state so on this page.

Kimley-Horn and Associates, Inc. has a local office in the Coachella Valley and a valid business license for both Palm Springs and Palm Desert. Both licenses are attached to Attachment A. Our office address is in Palm Desert at:
73-700 Dinah Shore Drive
Unit 101
Palm Desert, CA 92211
ATT
ACHMENT “C”

NON-COLLUSION AFFIDAVIT
The undersigned, deposes and says that he or she is
of
, the party making the foregoing Request for Qualifications. That the Request for Qualifications is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Request for Qualifications is genuine and not collusive or sham; that the Responder has not directly or indirectly induced or solicited any other Responder to put in a false or sham Responder, and has not directly or indirectly colluded, conspired, connived, or agreed with any Responder or anyone else to put in a sham Request for Qualifications, or that anyone shall refrain from responding; that the Responder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the future Cost Proposal price of the Responder or any other Responder, or to fix any overhead, profit, or cost element of the future Cost Proposal price, or of that of any other Responder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Request for Qualifications are true; and, further, that the Responder has not, directly or indirectly, submitted his or her Request for Qualifications or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, or any other member or agent thereof to effectuate a collusive or sham Request for Qualifications.

Signature:

Title:

Date:

Jean Fares, Senior Vice President
Kimley-Horn and Associates, Inc.

September 25, 2025
Jean B. Fares, PE, Senior Vice President
Kimley-Horn and Associates, Inc.

ATTACHMENT
“D”

CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Responder acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Responder enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Responder warrants that Responder has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

NAME OF RESPONDER:

NAME and TITLE of Authorized Representative
:
(Print)
Signature and Date of Authorized Representative:
(Sign) (Date)

Kimley-Horn and Associates, Inc.

September 25, 2025
Jean B. Fares, PE, Senior Vice President

ATTACHMENT “E”

PUBLIC INTEGRITY DISCLOSURE

Penalties: Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.

There are some additional supplementary instructions with an example following the form should you need further clarification.

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State

If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

 Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
Other

 Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
 Other

 Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
 Other
Incorporated in North Carolina
same as above
73-700 Dinah Shore Drive, Unit 101, Palm Desert CA 92211 Kimley-Horn and Associates, Inc.

See attached officers/directors list

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.

[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
B.
[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
C.
[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
D.
[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
E.
[name of owner/investor]

[percentage of beneficial interest in entity
and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date Jean B. Fares, Senior Vice President
September 25, 2025

NONE / NOT APPLICABLE
see attached for ownership

PUBLIC INTEGRITY DISCLOSURE

Business Disclosure Supplementary Instructions

The full business entity disclosure in this example would resemble the following:

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%

Please see the following list of KH Principal Officers and Directors, which has been updated as of April 26, 2025.

PRINCIPAL OFFICERS:

Names/Titles Business Address
Brent H. Mutti, President, Chief Executive Officer 1001 West Southern Avenue, Suite 131 Mesa, AZ 85210
Steven E. Lefton, Executive Chair 11400 Commerce Park Drive, Suite 400 Reston, VA 20191
Tammy L. Flanagan, CFO, Executive Vice President 421 Fayetteville Street, Suite 600 Raleigh, NC 27601
Aaron W. Nathan, COO, Executive Vice President 801 Cherry Street, Unit 1, Suite 301 Fort Worth, TX 76102
David L. McEntee, Senior Vice President, Treasurer 421 Fayetteville Street, Suite 600 Raleigh, NC 27601
Ashley R. Keil, Secretary 421 Fayetteville Street, Suite 600 Raleigh, NC 27601

DIRECTORS:

Names/Titles Business Address
Ashley M. Frysinger, Senior Vice President 11700 Katy Freeway, Suite 800 Houston, TX 77079
Aaron W. Nathan, Executive Vice President,
Chief Operating Officer
801 Cherry Street, Suite 1300, Unit 11
Fort Worth, TX 76102
Brent H. Mutti, President, Chief Executive Officer 1001 West Southern Avenue, Suite 131 Mesa, AZ 85210
Brian A. Good, Senior Vice President 445 24th Street, Vero Beach, FL 32960 Emily H. Meador, Senior Vice President 421 Fayetteville Street, Suite 600 Raleigh, NC 27601
Jennifer L. Harry, Senior Vice President 401 B Street, Suite 600, San Diego, CA 92101 Joseph D. Kaltsas, Executive Vice President 401 B. Street, Suite 600, San Diego, CA 92101 Kevin M. Schanen, Senior Vice President 1920 Wekiva Way, Suite 200 West Palm Beach, FL 33411
Lori A. Hall, Executive Vice President 11400 Commerce Park Drive, Suite 400 Reston, VA 20191
Steven E. Lefton, Executive Chair 11400 Commerce Park Drive, Suite 400 Reston, VA 20191
Stephen W. Blakley, Jr., Senior Vice President 200 South Tryon Street, Suite 200 Charlotte, NC 28202
Scott W. Colvin, Executive Vice President 4582 South Ulster Street, Suite 1500 Denver, CO 80237
Tammy L. Flanagan, Executive Vice President 421 Fayetteville Street, Suite 600 Raleigh, NC 27601

Kimley-Horn and Associates, Inc. is wholly owned by Associates Group Services, Inc., which is wholly owned by APHC, Inc., which is owned by over 800 Kimley-Horn employees, none of which own 2% or more of the outstanding shares.

ATTACHMENT “F”

REFERENCES

Reference 1
Organization name:

City of Palm Springs
Contact and title:

Francisco Jaime, Acting City Engineer/Principal
Engineer
Address:
3200 E. Tahquitz Canyon Way, Palm Springs, CA
92262
Phone number:
760.323.8299
Email Address:
[email protected]
Effective date of contract:

March 2024 – February 2025
Value of Contract:
$48,600
Description of products/services provided:

For PMP Support, Kimley-Horn evaluated the City’s StreetSaver pavement management database and compared to the City’s GIS geodatabase to identify and address discrepancies.

Reference 2
Organization name:

City of Folsom
Contact and title:

Ryan Chance, Engineering Manager
Address:
50 Natoma Street, Folsom, CA 95630
Phone number:
916.461.6713
Email Address:
[email protected]
Effective date of contract:

March 2022 – May 2024
Value of Contract:
$130,394
Description of products/services provided:

For the Blue Ravine Road Pavement Condition Investigation and Rehabilitation Analysis, Kimley-Horn provided pavement analysis and PS&E development for a major throughfare in Folsom.

Reference 3
Organization name:

City of West Sacramento
Contact and title:

Christian Asuncion, Associate Engineer
Address:
1110 W. Capitol Avenue, West Sacramento, CA
95691

Phone number:
916.617.4667
Email Address:
[email protected]
Effective date of contract:

April 2024 – July 2025
Value of Contract:
$63,770
Description of products/services provided:

For the 2024 Neighborhood Pavement Preservation and Arterial Streets Pavement Repair, Kimley-Horn developed an integrated asset management framework.

ATT
ACHMENT “G”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies an
d departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded
through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target
of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Jean B. Fares, PE
Senior Vice President
Kimley-Horn and Associates, Inc.

September 25, 2025

Appendix 2
(See Planetbids Documents to download file)
55575.18100\42907009.1

BB&K (2024) Page 19 of 20

EXHIBIT “C”

SCHEDULE OF COMPENSATION

197.39% Overhead%
Tim
Miller
Kameron
Qureshi
196.29% Overhead% w/o FCCM
Category/Title Project
Manager
QC/QA
Manager
10% Fee% Direct Rate $84.34 $69.86 $70.09 $55.17 $46.08 $37.05 Billing Rate $275.81 $228.46 $229.21 $180.42 $150.69 $121.16 Task 1 17 6 14 37 $ 8,589.81 $ - $ 1,000.00 $ 1,101.08 $ - $ - $ 10,690.89

1.1 1 2 3 $ 636.64 $ 1,000.00 $ 1,636.64

1.2 8 12 20 $ 4,371.46 $ 1,101.08 $ 5,472.54

1.3 8 6 14 $ 3,581.71 $ 3,581.71
Task 2 4 5 14 23 $ 4,775.10 $ - $ - $ 45,290.00 $ - $ - $ 50,065.10

2.1 10 10 $ 1,804.16 $ 1,804.16

2.2 2 4 6 $ 1,273.28 $ 1,273.28

2.3 2 5 7 $ 1,697.65 $ 1,697.65

2.4 $ - $ 45,290.00 $ 45,290.00 Task 3 13 18 31 $ 6,227.19 $ - $ - $ - $ - $ - $ 6,227.19

3.1 8 10 18 $ 3,637.82 $ 3,637.82

3.2 5 8 13 $ 2,589.37 $ 2,589.37
Task 4 1 2 8 16 27 $ 5,453.04 $ - $ - $ - $ - $ - $ 5,453.04

4.1 6 4 10 $ 2,096.91 $ 2,096.91

4.2 1 2 2 12 17 $ 3,356.13 $ 3,356.13
Task 5 9 6 26 52 16 4 113 $ 22,089.74 $ - $ - $ - $ - $ - $ 22,089.74

5.1 12 12 $ 2,165.00 $ 2,165.00

5.2 5 2 20 20 47 $ 10,028.43 $ 10,028.43

5.3 4 4 6 20 16 4 54 $ 9,896.31 $ 9,896.31 Task 6 2 1 20 23 $ 5,364.22 $ - $ - $ - $ - $ - $ 5,364.22

6.1 1 4 5 $ 1,192.64 $ 1,192.64

6.2 1 1 16 18 $ 4,171.59 $ 4,171.59
33 9 78 114 16 4 254
$9,101.66 $2,056.10 $17,878.19 $20,567.47 $2,411.05 $484.64 $ 52,499.11 $ - $ 1,000.00 $ 46,391.09 $ - $ - $ 99,890.19 $ 52,499.11 $ - $ 1,000.00 $ 46,391.09 $ - $ - $ 99,890.19 Task 2 24 35 70 40 169 $ 33,298.42 $ - $ - $ 138,213.27 $ 23,133.09 $ 15,441.95 $ 210,086.72 O.1 2 16 20 6 44 $ 8,731.41 $ 54,550.25 $ 23,133.09 $ 15,441.95 $ 101,856.70 O.2 1 4 5 $ 997.47 $ 2,348.00 $ 3,345.47 O.3 1 1 4 6 12 $ 2,130.82 $ 12,323.63 $ 14,454.45 O.4 1 1 4 6 12 $ 2,130.82 $ 7,858.02 $ 9,988.84 O.5 1 1 4 6 12 $ 2,130.82 $ 21,877.85 $ 24,008.67 O.6 18 16 34 16 84 $ 17,177.07 $ 39,255.53 $ 56,432.59 24 35 70 40 169
$6,619.39 $8,022.27 $12,629.15 $6,027.61 $ 33,298.42 $ - $ - $ 138,213.27 $ 23,133.09 $ 15,441.95 $ 210,086.72 TOTAL COST with Optional Tasks included: $ 85,797.52 $ - $ 1,000.00 $ 184,604.35 $ 23,133.09 $ 15,441.95 $ 309,976.92

CITY OF PALM SPRINGS
2026 Pavement Management Plan Update
Kimley-Horn
Other Direct
Costs
Kimley-Horn
Labor
Escalation
Kimley-Horn
Labor Cost
Kimley-Horn
Total Hours
Kimley-Horn and Associates, Inc.

Verdantas
Total Cost
Infrasense
Total Cost
ICC
Total Cost
Subconsultants
Total
Project
Costs
Professional Project
SupportAnalyst II Analyst I
Project Meetings & Management
Kickoff Meeting
Interim Online Meetings
Invoicing/Monthly Updates
Field Data Collection
GIS Data Preparation
Coordination with ICC
Data QC
Collection & Processing/QA/QC
Records Keeping and Data Entry
StreetSaver Database Update and Data Upload
GIS Shapefile Update
Define Mitigation Strategies
Decision Tree Update
Unit Cost Updates
Develop a 5-year Capital Improvement Plan
Budget Scenarios in StreetSaver
CIP Programming
Final Report
Update Pavement Project Specifications
Review Existing Specifications
Update Specifications

TOTAL HOURS
Subtotal Labor:

Optional Tasks Subtotal Labor:

OPTIONAL TASKS TOTAL HOURS
Ramp Condition
As-Needed Additional Services
Optional Tasks
Field Data Collection
Pavement Depth Data Collection
Pavement Data Viewer
Pavement Marking and Striping Condition
TOTAL COST:

Utility Access Locations
Rate Schedule Used

197.77% Overhead % Category/Title
10% Fee% Direct Rate $30.00 $25.75 $33.82 $69.75 $36.42 $43.27 $52.00 Billing Rate $98.26 $84.34 $110.78 $228.46 $119.29 $141.73 $170.32 Task 1 1 1 1 1 2 2 8 $ 1,101.08 $ - $ 1,101.08

1.1 1 1 1 1 2 2 8 $ 1,101.08 $ 1,101.08 Task 2 100 60 20 1 181 $ 17,331.00 $ 27,959.00 $ 45,290.00

2.1 100 60 20 1 181 $ 17,331.00 $ 17,331.00

2.2 $ - $ 25,110.00 $ 25,110.00

2.3 $ - $ 1,800.00 $ 1,800.00

2.4 $ - $ 549.00 $ 549.00

2.5 $ - $ 500.00 $ 500.00 Task 3 $ - $ - $ - Task 4 $ - $ - $ - Task 5 $ - $ - $ - Task 6 $ - $ - $ - 101 61 21 2 2 2 189
$9,924.67 $5,144.94 $2,326.30 $456.93 $238.59 $340.65 $ 18,432.09 $ 27,959.00 $ 46,391.09 $ 18,432.09 $ 27,959.00 $ 46,391.09
Task 2 152 255 90 6 1 1 2 507 $ 48,386.03 $ 36,300.00 $ 84,686.03 O.1 152 30 15 6 1 1 2 207 $ 20,598.25 $ 33,952.00 $ 54,550.25 O.2 $ - $ 2,348.00 $ 2,348.00 O.3 70 20 90 $ 12,323.63 $ 12,323.63
O.4 40 15 55 $ 7,858.02 $ 7,858.02
O.5 115 40 155 $ 21,877.85 $ 21,877.85
152 255 90 6 1 1 2 507
$14,936.14 $21,507.55 $9,969.88 $1,370.78 $119.29 $141.73 $340.65 $ 62,657.74 $ 36,300.00 $ 98,957.74 TOTAL COST with Optional Tasks included: $ 81,089.83 $ 64,259.00 $ 145,348.83

OPTIONAL TASKS TOTAL HOURS
Optional Tasks Subtotal Labor:

Field Data Collection
Pavement Depth Data Collection - Direct costs
include equipment day rate, meals, lodging, fuel
Pavement Data Viewer - per year
Pavement Marking and Striping Condition
Ramp Condition
Utility Access Locations
Optional Tasks

TOTAL HOURS
Subtotal Labor:

TOTAL COST:

Travel (Lodging) for Field Operator
Develop a 5-year Capital Improvement Plan
Update Pavement Project Specifications
Meals/Per Diem for Field Operator
Fuel/Other misc. direct charges - field
Records Keeping and Data Entry
Define Mitigation Strategies
Direct Labor - Collection & Processing/QA/QC
Total
Hours
Field Data Collection
IrisPRO Pave LCMS Data Collection Vehicle
Day Rate (10 days committed, including
mobilization assumption)
Project Meetings & Management
Project Meetings & Management

CITY OF PALM SPRINGS
2026 Pavement Management Plan Update
International Cybernetics Company, LP
Field
Operator
Data
Processing
Technician
QA/QC
Technician
Senior
Engineer
Admin
Support
GIS
Specialist
Project
Manager Other
Direct
Costs
Total
Project
Costs
Labor
Costs
Name
Ken
Maser
Evan
Guarino
177.24% Overhead % Category/Title
Senior
Principal
Principal
Engineer
10% Fee% Direct Rate $97.00 $70.00 $55.63 $50.08 $36.83 $34.88 $26.00 $33.17 $45.00 Billing Rate $295.82 $213.47 $169.65 $152.73 $112.32 $106.37 $79.29 $101.16 $137.23 Task 1 $ - $ - $ - Task 2 $ - $ - $ - Task 3 $ - $ - $ - Task 4 $ - $ - $ - Task 5 $ - $ - $ - Task 6 $ - $ - $ - $ - $ - $ - $ - $ - $ - Task 2 1 8 24 84 40 2 159 $ 19,633.09 $ 3,500.00 $ 23,133.09 O.1 1 8 24 84 40 2 159 $ 19,633.09 $ 3,500.00 $ 23,133.09 1 8 24 84 40 2 159
$295.82 $1,707.80 $3,665.42 $9,434.73 $4,254.86 $274.47 $ 19,633.09 $ 3,500.00 $ 23,133.09 TOTAL COST with Optional Tasks included: $ 19,633.09 $ 3,500.00 $ 23,133.09 Total
Project
Costs
Project Meetings & Management
Engineering
Tech

CITY OF PALM SPRINGS
2026 Pavement Management Plan Update
Infrasense, Inc.

Senior
Project
Engineer
Project
Engineer
Senior Staff
Engineer
Staff
Engineer
Project
Coordinator
Field Data Collection
Total
Hours
Labor
Costs
Other
Direct
Costs
Junior Staff
Engineer
Define Mitigation Strategies
Records Keeping and Data Entry
Update Pavement Project Specifications
Develop a 5-year Capital Improvement Plan
Pavement Depth Data Collection
Subtotal Labor:

TOTAL COST:

Optional Tasks
Field Data Collection

TOTAL HOURS

OPTIONAL TASKS TOTAL HOURS
Optional Tasks Subtotal Labor:

Name
Bashir
Saiid
Joshua
Ormonde
Brent
Adam
Mary
Murphy
Debbie
Meggers
Vika
Malu
176.03% Overhead % Category/Title Sr. Engineer Staff Engineer Geologist CAD/GIS Admin Accountant 10% Fee% Direct Rate $75.00 $36.50 $57.85 $55.29 $33.55 $39.60 Billing Rate $227.72 $110.83 $175.65 $167.88 $101.87 $120.24 Task 1 $ - $ - $ -
Task 2 $ - $ - $ -
Task 3 $ - $ - $ -
Task 4 $ - $ - $ -
Task 5 $ - $ - $ -
Task 6 $ - $ - $ -
$ - $ - $ -
$
- $ - $ -
Task 2 10 28 4 6 6 2 56 $ 7,941.95 $ 7,500.00 $ 15,441.95 O.1 10 28 4 6 6 2 56 $ 7,941.95 $ 7,500.00 $ 15,441.95 10 28 4 6 6 2 56
$2,277.25 $3,103.13 $702.61 $1,007.27 $611.21 $240.48 $ 7,941.95 $ 7,500.00 $ 15,441.95 TOTAL COST with Optional Tasks included: $ 7,941.95 $ 7,500.00 $ 15,441.95

OPTIONAL TASKS TOTAL HOURS
Optional Tasks Subtotal Labor:

Field Data Collection
Pavement Depth Data Collection
Optional Tasks

TOTAL HOURS
Subtotal Labor:

TOTAL COST:

Develop a 5-year Capital Improvement Plan
Update Pavement Project Specifications
Records Keeping and Data Entry
Define Mitigation Strategies
Other
Direct
Costs
Total
Project
Costs
Project Meetings & Management
Field Data Collection

CITY OF PALM SPRINGS
2026 Pavement Management Plan Update
Verdantas Inc.

Total
Hours
Labor
Costs
EXHIBIT “D”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that ar e determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds pro vided by the State of California;
and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is no
t the target of any economic sanctions against Russia and Russian entities and individua
ls.

The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individu
als as discussed in Executive Order N-6-22 and b) the person signing below is duly author
ized to legally bind the Contractor. This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Jean B. Fares, PE
Senior Vice President
Kimley-Horn and Associates, Inc.

September 25, 2025

Palm Springs City CouncilNovember 12, 2025

Palm Springs City Council
November 12, 2025