Attachment B
Kimley-Horn Amendment No.3
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AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT
NO. 23P173 DEMUTH PARK PICKLEBALL EXPANSION PROJECT 22-24
BETWEEN THE CITY OF PALM SPRINGS
AND KIMLEY-HORN AND ASSOCIATES, INC.
1. Parties and Date.
This Amendment No. 3 to Professional Services Agree ment No. 23P173 is made and entered into as of this 22
nd day of April, 2026, by and between the City of Pal m Springs (“City”) and Kimley-Horn and Associates, Inc., (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. City and Consultant entered into an agreement titl ed “Professional Services Agreement 23P173 Demuth Park Pickleball Ex pansion Project 22-24” dated July 3, 2023 (“Agreement” or “Contract”) for the purpose of retaining the services of Consultant to provide design services in an amount of $161,395.00 and a term of three years.
2.2 Amendment No. 1. City and Consultant entered i nto Amendment No. 1 dated June 27, 2024 to provide for additional project meetings, community engagement, and site research.
2.3 Amendment No. 2. City and Consultant entered into Amendment No. 2 da ted February 13, 2025 to provide for additional professional design services due to the increased scope and scale of the project.
2.4 Amendment Purpose. City and Consultant now des ire to amend the Agreement to increase hours needed for additional construction support.
2.5 Amendment Authority. This Amendment No. 3 is author ized pursuant to Section 1.8 Additional Services of the Agreement.
3. Terms.
3.1 Scope of Services Section 1.1 of the Agreement is hereby amended to read as follows:
The additional services identified in the Consultan t’s letter dated March 13, 2026, included herewith as Attachment 1, are hereby incor porated into Exhibit “A” of the Agreement.
3.2 Maximum Contract Amount Section 2.1 of the Agr eement is hereby amended to read as follows:
The total amount of compensation is increased by $6 0,000.00 for a new total not to exceed amount of $468,195.00 ("Maximum Contract Amount").
3.3 Continuing Effect of Agreement. Except as ame nded by this Amendment No. 3, all other provisions of the Agreement remain in full fo rce and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever
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the term “Agreement” or “Contract” appears in the A greement, it shall mean the Agreement as amended by this Amendment No. 3.
3.4 Adequate Consideration. The Parties hereto i rrevocably stipulate and agree that they have each received adequate and independent co nsideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.
3.5 Severability. If any portion of this Amendme nt No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jur isdiction, the remaining provisions shall continue in full force and effect.
3.6 Counterparts. This Amendment No. 3 may be ex ecuted in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT 23P173 BETWEEN THE CITY OF PALM SPRINGS
AND KIMLEY-HORN AND ASSOCIATES, INC.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.
KIMLEY-HORN AND ASSOCIATES, INC. :
By: _______________________________________ By: _________________________________________ Signature Signature
(2nd 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
kimley-horn.com 36-951 Cook Street, Unit 103, Palm Desert, CA 92211 619 744 0164 March 13, 2026
Alberto Gradilla
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Professional Design Services for Demuth Park Pickleball Expansion Project, City Project No. 22-24
Dear Mr. Gradilla,
Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this proposal to The City of Palm Springs (“Client”) to provide design Services for the proposed development of the above referenced property (“Project”) in the City of Palm Springs, CA. The project understanding and scope of services outlined below.
PROJECT UNDERSTANDING
It is understood that the City of Palm Springs would like to add a minimum of twelve (12) additional pickleball courts to the current pickleball area located in Demuth Park along East Mesquite Avenue and Vella Road.
SCOPE OF SERVICES
Kimley-Horn provided post tension structural design for 24 new pickleball courts, prepared for and participated in additional coordination meetings as requested, and submitted final design plans for a $6M facility. The final plan and estimate process warranted another look at our estimated Construction Administration phase services. The items noted above required effort that took us outside the scope of our original agreement dated July 24, 2023, and our project Amendment dated July 27, 2024.
Because of those additional efforts, we worked through an additional project Amendment to cover Structural Post Tension Court Design work, additional coordination and meetings, additional construction administration services, and as-needed services. That amendment, amendment 2, was approved on February 13, 2025.
Since the project’s construction kickoff in August of 2025, the Kimley-Horn team has supported the construction efforts. Significant efforts during this time have included the following:
1. Reformatting the construction plans into five different bid packages:
a. B i d A – Removes two NE courts (Courts 22 – 23), associated lighting, and select shade structures
i. 21 standard/regulation size courts
ii. 1 tournament court
iii. Sod and irrigation to cover the area originally proposed for courts “22” and “23”, up to the sod limit
b. Bid B – Adds back in Courts 22 – 23 including:
i. Court striping and epoxy surfacing
kimley-horn.com 36-951 Cook Street, Unit 103, Palm Desert, CA 92211 619 744 0164 ii. Netting and posts
iii. Associated chain link fencing
iv. Court lighting poles
v. Sidewalk and the planter space to the north of the courts + associated landscaping and irrigation
c. Bid C - Lighting for courts 19 – 2, which includes:
i. 5 site ped lighting light poles by the playground area ii. 4 court lighting poles (courts 19-21)
iii. Pull boxes
iv. Conduit
d. Bid D:
i. 2, 32’ x 30’ Shade Structures
ii. 10, 14’ x 22’ 2-post Shade Structures
e. Bid E:
i. 12 Cellular Gateways
ii. 12 Cameras
iii. Associated conduit
2. Reformatting the City’s bid breakout excel spreadsheet to correspond with the bid packages
3. Reformatting a final ‘Bid A’ plan set
4. Plan changes regarding existing trees, seat wall revision, and tree removal confirmations
5. Mainline rerouting review
6. Two redesigns of the bioswale area to accommodate existing trees and field discoveries during construction.
7. Redesign of landscape space surrounding manhole area near existing bathroom In addition to the items above, we have attended weekly construction meetings, reviewed over 28 submittals sometimes requiring multiple submittal iterations, and responded to RFIs.
As of February 18, 2026, our remaining budget (inclusive of construction administration and as-needed services) is $19,000. Knowing the project will run through at least the end of May, and likely into mid- June, below is a proposed as-needed task to allow us to deliver on any requests beyond the remaining budget:
Task 1: As-Needed Services Task
This task provides project flexibility for the Kimley-Horn team to be able to react quickly to requests beyond those listed in the tasks above, and/or requests that extend beyond the budget assigned to the tasks above.
Kimley-Horn will attend or facilitate additional meetings, produce deliverables, and/or coordinate with the City, and other project stakeholders and product representatives as requested, and/or reasonably required, to provide resolution to any comments/requirements that may surface during the construction document preparation phase of the project, and through construction.
This task shall only be used if requested, as needed. Effort shall not extend beyond the number noted below.
SCHEDULE
Kimley-Horn will provide services as expediently as practical to meet a mutually agreed upon schedule. kimley-horn.com 36-951 Cook Street, Unit 103, Palm Desert, CA 92211 619 744 0164
FEE AND BILLING
Kimley-Horn will perform the services in Task 1 on a labor fee plus expense basis with the maximum labor fee shown below.
Task 1 – As-Needed Services Task $60,000 Hourly not-to-exceed Total: $60,000 Hourly not-to-exceed
Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client.
However, Kimley-Horn reserves the right to reallocate amounts among tasks as necessary.
Labor fee will be billed on an hourly basis according to our then-current rates. Direct reimbursable expenses such as express delivery services, air travel, and other direct expenses will be billed at 1.15 times cost.
Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number.
kimley-horn.com 36-951 Cook Street, Unit 103, Palm Desert, CA 92211 619 744 0164
CLOSURE
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, our signed, executed contract dated July 24, 2023.
If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute this Agreement in the spaces provided below, and return a copy to us via email or mail. We will commence services once we are in receipt of the executed Agreement.
We appreciate the opportunity to provide these services to you. Please feel free to contact me at (619) 744-0164 or [email protected] if you have any questions or if you need additional information.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Michael P. Madsen, PLA #5798
Vice President
Agreed to this ________________ day of ___________________________, 2026 City of Palm Springs
By:
_______________________________________________________ _______________________________________________________ Title:
_______________________________________________________ (Date)