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A8883 - CASC ENGINEERING & CONSULTING INC.
CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT ON -CALL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM CONSULTING SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this I st day of July, 2021, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City") and CASC ENGINEERING AND CONSULTING, INC., a California corporation, (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties." RECITALS A. City has determined that there is a need for As -Needed, "On -Call" National Pollutant Discharge Elimination System (NPDES) program consulting services, (hereinafter the "Project"). B. Consultant has submitted to City a proposal to provide As -Needed, "On -Call" NPDES program consulting services pursuant to the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A," which is attached hereto and is incorporated herein by reference (hereinafter referred to as the "Services" or "Work"). The Services shall be more particularly described in the individual Task Order issued by the City. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated herein and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"); and (5) the Task Order (as defined herein) (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Consultant's Proposal, which are both attached as Exhibits "B" and "C", respectively, are Page 1 of 19 Rev. 5/1/20 55575.18165\32900159.2 incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, Task Order, the City's Request for Proposals and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (IS1) the terms of this Agreement; (2"d) the provisions of the Task Order; (P) Scope of Services (Exhibit "A"), as may be amended from time to time; (4th) the provisions of the City's Request for Proposal (Exhibit "B" ); and (5th) the provisions of the Consultant's Proposal (Exhibit "C"). 1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable Cal/OSHA requirements. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. 1.4 Licenses, Permits, Fees and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant 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. 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 hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Page 2 of 19 Rev. 5/1/20 55575.18165\32900159.2 1.8 Performance of Services. City Manager or Director of Development Services or City Engineer as provided in Section 2.1 of this Agreement, shall have the right at any time during the term of this Agreement to order the performance of services as generally described in the Scope of Services to perform extra or additional work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No Work may be undertaken unless a written order is first given by the City Manager or Director of Development Services, or City Engineer to the Consultant, incorporating therein the identification and description of the Work to be performed, a maximum or not to exceed amount for such Work, and the time to perform the Work. 1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of any Work under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City. 2.0 COMPENSATION 2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that the Services required by this Agreement will vary dependent upon the number, type, and extent of the Services the Consultant shall provide; and no guarantee of the extent or the type of Services required of Consultant under the terms of this Agreement is made by the City. The annual level of services required by this Agreement is unknown and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of projects requiring the Consultant's Services has not been identified for this Agreement, City and Consultant hereby acknowledge and agree that a specific "Maximum Contract Amount" shall be imposed on each separate project that the City may assign Consultant as provided in Section 1.8 and in this Section 2.1. Each such separate project shall be identified as a Task Order authorized by the City Manager or Director of Development Services or City Engineer as provided in this Section 2.1. The method of compensation for each separate City authorized Task Order may include: (i) a lump sum payment upon completion, (ii) payment for time and materials based upon the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D", or (iii) such other methods as may be specified in the Schedule of Compensation. Compensation shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense, and all other necessary expenditures required to perform the professional services under this Agreement. Compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation, therefore. It is expressly agreed that the maximum contract amount of this Agreement is undefined and is subject to the number and type of projects requiring the Consultant's Services throughout the duration of the term Page 3 of 19 Rev. 5/1120 55575.18165\32900159.2 of this Agreement, if any. Consultant's compensation shall be limited to the Maximum Contract Amount identified on each separate, individually authorized Task Order corresponding to a project requiring the services of the Consultant. By approval of this Agreement, the City Council hereby authorizes the subsequent approval of individual Task Orders (Purchase Orders) in those amounts sufficient to cover the cost of required Services necessary for the projects. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by the City's Finance Director, an invoice for Services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement. If such appropriations are not made, the City Manager may terminate this Agreement as provided in Section 8.3 of this Agreement; otherwise, there shall be no funding for any Services and Consultant shall not be entitled to payment for any Services that Consultant may provide. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the Services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance for each Task Order. Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non -performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. 3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written Task Order and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, Page 4 of 19 Rev. 5/1/20 55575,18165\32900159.2 but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time for performance of Services to be rendered under each Task Order may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant's performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for a period of three (3) years, commencing on July 1, 2021 and ending on July 1, 2024, unless extended by mutual written agreement of the Parties. The term of this agreement may be extended for two (2) additional one (1) year terms. Said notice shall be delivered prior to July 1, 2024, for the initial one (1) year extension (if granted); and prior to July 1, 2025, for the final one (1) year extension (if granted). In no event shall the term of this agreement extend beyond July 1, 2026. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Rick Sidor, President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. Page 5 of 19 Rev. 5/1/20 55575.18165\32900159.2 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subconsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subconsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City. 4.4 Independent Consultant. A. The legal relationship between the Parties is that of an independent Consultant, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or Page 6 of 19 Rev. 511/20 55575.18165\32900159.2 indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subconsultants, or agents, Consultant shall indemnify City for all such financial obligations. 4.5 California Labor Code Requirements. A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). B. If the Services are being performed as part of an applicable "public works" or "maintenance" project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: Page 7 of 19 Rev. 5/1/20 55575.18165\32900159.2 A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two -million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subconsultants, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance Page 8 of 19 Rev. 5/1/20 55575.18165\32900159.2 written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non - owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self -insured retentions. City reserves the right to reject deductibles or self -insured retentions in excess of $10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self -insured retentions proposed in excess of $10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: A. For any claims related to this Agreement, Consultant's coverage shall be primary insurance as respects City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made, or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. D. None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein. Page 9 of 19 Rev. 5/1/20 55575.18165\32900159.2 F. Consultant agrees to ensure that subconsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants and others engaged in the Project will be submitted to the City for review. G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard. H. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. 1. Requirements of specific insurance coverage features, or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section. K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by Page 10 of 19 Rev. 5/1/20 55575.18165\32900159.2 this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No. or 'for any and all work performed with the City" may be included in this statement). B. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have..." ("as respects City of Palm Springs Contract No. " or ' for any and all work performed with the City" may be included in this statement). C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. D. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 6. INDEMNIFICATION 6.1 To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance of Services or this Agreement. This indemnification Page 11 of 19 Rev. 511/20 55575.18165\32900159.2 clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. 6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 7. REPORTS AND RECORDS 7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use Page 12 of 19 Rev. 5/1/20 55575.18165\32900159.2 the concepts embodied therein. Consultant shall ensure that all its subconsultants shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Termination. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as maybe 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 Page 13 of 19 Rev. 5/1/20 55575.18165\32900159.2 for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. 8.4 Default of Consultant. A. Consultant's failure to comply with any provision of this Agreement shall constitute a default. B. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.13, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided herein. 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 Riahts and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Page 14 of 19 Rev. 5/1/20 55575.18165\32900159.2 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non -prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor -in -interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's Page 15 of 19 Rev. 5/1/20 55575.18165\32900159.2 expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant's consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre -paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: City of Palm Springs Attention: City Manager 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Consultant: CASC Engineering and Consulting, Inc. Attention: Rick Sidor 1470 E. Cooley Drive Colton, CA 92324 Telephone: (855) 383-0101 Facsimile: (760) 722-4264 10.3 Entire Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. Page 16 of 19 Rev. 511/20 55575.18165\32900159.2 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third -party beneficiary or otherwise, upon any entity or person not a party hereto. 10.7 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE] Page 17 of 19 Rev. 5/1/20 55575.18165\32900159.2 SIGNATURE PAGE TO ON -CALL PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND CASC ENGINEERING AND CONSULTING, INC. IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be executed the day and year first above written. ATTEST: CONTENTS APPROVED: CIT OF PALM SPRINGS CA By By A t ny Mejia, Ct le Justin Mifton, City Njoager Date: 01 1 1 !91 1 L 1 Date: 71% / � APPROVED AS TO FORM: By 0 Jeffre al m , City Attorney Date: c� CONSULTANT APPROVED BY CITY COUNCIL: Date: 6'2q Agreement No. A M3 Name: CASC Engineering and C,on�mg, Inc. Check one: _Individual _Partnership _� Corporation Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. Address: 1470 E. Cooley Drive Colton, CA 92324 Name: S % C"-A ti, '3 , !� ( -6 Ga Title: Vol k!� i )bCr" c 55575.18165\32900159.2 By:;IeZ Signature (notarized) Name: Mv e' t , Zcilo.� Title: Page 18 of 19 Rev. 511120 �jt/So..00 3 CALWORMIA ALL-PURPOSE A(MOWUDGMBff Crm CODE g 11ag ss<Yc¢,ac�.e a:<.C..CL.C.d;..C.r s X xx<o-<:: A noury public or o0w dker ownpWN fte w6rtfrea -1y the Idm q of the m�ndoaf Who arpnad the dommi utt to which this owuF came a asws* d. and not the tnAhft {rasa, s=ra y. or w"lly of that do=w nt State of Cefifomia ) County of A��F2 " 2 b )"U O ) On T 3 20 zi before me. Z� i/f �, C ,?/S' ou A i°w.. 'C-- taste Hera kraert Narne an Titfe of the I—raHaaaeaued,//2/'CC/.92i7 -,7-, .S,-Do/2- fftil] �) of 1 who proved to me an the basis of safisfadony evidence th be the person(s) whose names) ma are subacnbed to the within instrument and acknowledged to me akae&wy executed the same in -in it authorized cWacdy[nea), and that bVj3m4 a Aftw a6gnature(a) on the mshument the pe=n,a). or the entity upon behaff of which the persons) acb3d. executed the irKdrumerrL I certify under PENALTY OF PERJURY under the Laws RUTH A. EVANS of the State of Cafifornia thsd the foregoing paragraph Notary Public - California Z ia true and °°tract $ _' a': �.• San Bernardino County YVil'N>=35 my 7hWZW7iWeal. Z Commission it 2205040 My Comm. Expires Jul 23, 2021 Sigrudare Signature of Mary Pubfiic Place Ak)bary Seal Above OPTIMAL Though this secLw is opborrat oompleffivg this rrtvmratfon can deter aft-td n of the document or fraud kwt reattaahmerd of des form to an unintended dbcrrmaat Description of Attached DocusTwd Title or Type of Docu rent Number of Pages- Signer(s) Other Than Nwrbad Above: Capacity{ea) Cdamned by Signer(a) Signers Name: ❑ Corporate Officer — Trdia(a): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney m Faa t ❑ Trustee ❑ Guardian or Ccnaenratcr F1 Othar Signer Ia Representing: Sigrwr a blame: ❑ Corporadw Of6oer — I'Me(a): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Coreervstor n 001W Signer is Reprwwnfing: &2014 Nabonsi NotaryAeaocidw • www.NaborwI WAvy-org • 1.800-US NOTARY (1-800-87648827) ftm tf5W Page 19 of 19 Rev. 5/1/20 55575.18165\32900159.2 EXHIBIT "A" SCOPE OF SERVICES The Consultant shall provide a variety of MS4/NPDES related services to the City on an as - needed / as -requested basis. Overall, Consultant shall provide services which encompass aspects of the NPDES program as it pertains to the Federal Clean Water Act, the Porter -Cologne Act, the statewide General Permits relating to Construction, Industrial, DeMinimus and all related regulations, policies, procedures and actions as implemented by the State Water Resources Control Board. With the elimination of Riverside County's Compliance Assistance Program (CAP), the consultant shall be expected to integrate these services as part of the City's overall NPDES program. Further, the Consultant shall provide policy assessment, scientific understanding and field implementation necessary to provide comprehensive support to the City as it relates to the Waste Discharge Requirements for the County of Riverside and the incorporated areas subject to the Whitewater River Permit, under Colorado River Basin Regional Water Quality Control Board Order No. R7-2013-0011, NPDES No. CAS 617002, Areawide Urban Storm Water Runoff Permit and any successor permits. The City is looking for a Consultant that has a comprehensive understanding of the NPDES program and can provide the capacity to advise the City on policy issues, review, develop and update ordinances, resolutions, processes and procedures within the City, perform integrated inspection services as they relate to construction, commercial, industrial and residential sites, inclusive of ensuring Best Management Practices (BMPs) and/or Storm Water Pollution Prevention Plans (SWPPP) are implemented, while ensuring the professional development and understanding of the City's existing staff. Further, the City desires a Consultant which can provide immediate and appropriate technical support to the City's Development, Administration, Finance and Engineering staffs in order to ensure that the City has a comprehensive, integrated program that dovetails with other programs such as water conservation, landscape maintenance, water and wastewater operations. The selected Consultant shall have a track record of working with the business community as a resource while ensuring that the development and business communities come into compliance with applicable NPDES requirements in a timely and fair approach. The City desires an approach in a combination of prime and sub consultants in order to ensure complete integration of the various components of the NPDES programs and in order to avoid gaps in program implementation. The following sections provide further details regarding the City's needs and requirements: NPDES PROGRAM ADMINISTRATION AND REPRESENTATION The selected Consultant shall act as the City's designated representative as it relates to working with the Principal Permittee (Riverside County), other co-permittees, regulators such as the Colorado River Basin Regional Water Quality Control Board, other agencies and organizations, including but not limited to the business community, environmental organizations and the general public. Consultant shall be responsible for the administration and reporting requirements set forth in the NPDES permit and as needed by the City for the efficient and effective operation of the NPDES program. The following are necessary and typical in order for the City to comply with the NPDES program requirements and to ensure adequate involvement by the City in the NPDES Permit program: 1. Consultant shall attend and adequately represent the City at the following meetings: a) Riverside County Desert Task Force Meeting, including any subcommittees as created. Consultant shall have appropriate and demonstrated technical involvement and historical understanding of the activities at these meetings. b) Consultant shall attend Colorado Regional Water Quality Control Board meetings as requested. c) Attend City Capital Improvement Status meeting, Design Review Committee, Economic Development Committee, Utility Commission meeting, Planning Commission, or City Council meetings as requested. 2. Consultant shall be responsible for administering the NPDES program within City operations, including but not limited to preparation of the annual report submission for the County; assistance in preparation of budget submission, special studies and other efforts as requested by the City; maintain and update any databases as provided by the County of Riverside or the City of Palm Springs; and, develop and present technical memos and policy papers as necessary to provide information to City staff, the Principal-Permittee, Co-Permittees and elected officials. 3. Meet regularly with the Public Works & Engineering Department liaison to provide appropriate updates and status reports on various projects, to seek input and to respond to requests as appropriate. 4. Shall assist the City in identifying and submitting applications for grants related to the NPDES program, or other associated programs such as water conservation, facilities, and others. 5. Assist in preparation of fee studies, cost recovery models or other activities in support of the program. 6. Consultant shall have the capacity to review, analyze and provide technical, scientific and policy assessment as it relates to analyzing proposed permits, Total Maximum Daily Loads (TMDLs) and resulting regional wide programs. Consultant shall be able to communicate effectively the impacts and costs associated with proposed actions by the regulators and be able to present said findings to the City staff and elected officials, other elected or appointed bodies either orally or in writing. 7. Review and update the City's Local Implementation Plan (LIP) on an annual basis and prepare revisions as necessary to comply with current operations, NPDES Permit requirements or other requirements which affect the operation of the LIP. 8. Review and update the City's Storm Water Ordinance on an annual basis and prepare revisions as necessary to improve enforcement of the NPDES program within the City. 9. Coordinate the invoicing of the City's NPDES Inspection Fee program, including but not limited to: reviewing and revising the designations and classifications for individual businesses within the City; field checking businesses to determine the appropriate prioritization of the business; assisting city staff in accounting and invoice preparation, including preparation of invoice master lists for billing; and, reconciling the City's business list against the MS4 database in order to maintain a current record of businesses for both inspection and invoicing purposes. 10. Coordination with other water conservation organizations and agencies including but not limited to, Palm Springs Wastewater Treatment Plant and Veolia West Operating Services as plant operator. 11. Other administrative activities as requested in support of the NPDES program or other associated programs, including water, wastewater and landscaping. II. INSPECTION PROGRAM The selected Consultant shall have the capability of providing a variety of inspection services as it relates to Construction, Commercial, Industrial, Restaurants and Municipal Facilities. The inspection programs shall include compliance with the current version of the General Construction Permit, the General Industrial Permit, the MS4 Storm Water Permit and other programs as applicable. With the elimination of Riverside County's Compliance Assistance Program (CAP), the consultant shall be expected to integrate these services as part of the City's overall NPDES program. The Consultant shall prepare appropriate written inspections, including documentations and photos as needed to ensure compliance by the inspectee as it relates to the various programs and at a frequency accepted by the Regional Water Quality Control Board. The Consultant shall also perform other types of inspections, including investigations of alleged and reported Illicit Connections — Illicit Discharge and other inspections. Consultant shall issue Notices of Correction and Notices of Violations to the inspectee, shall maintain a record of follow-up inspections, and shall document evidence as necessary in support of prosecution if necessary. Consultant staff shall have Qualified Storm Water Practitioner training and at least one of the supervising inspectors shall be certified as a QSP upon start of the contract. Consultant shall input and update the MS4 Database on a routine basis as part of the inspection program. Consultant staff shall include Spanish speaking inspectors to ensure that inspection program requirements are appropriately communicated to non-English speaking inspectees. Consultant shall provide inspections, which include Municipal or City owned facilities for the following program areas: A. Commercial — Consultant shall inspect each applicable commercial business on a frequency appropriate to the type of business, the activities performed by the business which may result in exposure to storm water, the SIC/NAICS Codes, and any other information appropriate to the NPDES program. Consultant shall secure on a monthly basis the names and addresses of all new commercial businesses issued licenses by the City and conduct an initial inspection of the business using the Risk Based Scoring System. In addition, the Consultant shall perform a Pre -Treatment Survey to be submitted to the Palm Springs Wastewater Treatment Plan/Veolia operators. Upon completion of the initial inspection, Consultant shall establish the business priority within the database and shall subsequently maintain all inspections within the Database as appropriate. Inspections shall comply with the requirements of the current version of the County of Riverside MS4 Permit. Consultant shall use forms developed by the City for documenting each inspection. Consultant shall perform follow-up inspections as necessary to ensure corrections of Notices of Correction or Notices of Violations. B. Industrial - Consultant shall inspect each applicable industrial business on a frequency appropriate to the type of business, the activities performed by the business which may result in exposure to storm water, the SIC/NAICS Codes, whether the business is listed in the General Industrial Permit, and other information as appropriate. Consultant shall secure on a monthly basis the names and addresses of all new industrial businesses issued licenses by the City, conduct an initial inspection of the business using the Risk Based Scoring System. In addition, the Consultant shall perform a Pre -Treatment Survey to be submitted to the Palm Springs Wastewater Treatment Plant/Veolia operators. Upon completion of the initial inspection, Consultant shall establish the business priority within the database and shall subsequently maintain all inspections within the database as appropriate. Consultant shall consult with Regional Water Quality Control Board staff as appropriate in order to ensure that the industrial businesses are in compliance and covered by the General Industrial Permit as appropriate. Consultant shall use forms developed by the City for documenting each inspection. Consultant shall perform follow- up inspections as necessary to ensure corrections of Notices of Correction or Notices of Violations. C. Restaurants - Consultant shall inspect each applicable restaurant on a frequency appropriate to the type of business, the activities performed by the business which may result in exposure to storm water, the SIC/NAICS Codes, the presence of grease interceptors and any other information appropriate to the NPDES program. Consultant shall secure on a monthly basis the names and addresses of all new restaurants issued licenses by the City, conduct an initial inspection of the restaurant using the Risk Based Scoring System. In addition, the Consultant shall perform a Pre -Treatment Survey to be submitted to the Palm Springs Wastewater Treatment Plant/Veolia operators. Upon completion of the initial inspection, Consultant shall establish the business priority within the MS4 Database and shall subsequently maintain all inspections within the MS4 Database as appropriate. Inspections shall comply with the requirements of the current version of the County of Riverside MS4 Permit. . Consultant shall use forms developed by the City for documenting each aspect of the inspection. Consultant shall perform follow- up inspections as necessary to ensure corrections of Notices of Correction or Notices of Violations. D. Post Construction BMPS — Consultant shall perform Post Construction BMP Inspections of all BMPS included with current and past WQMP documents in order to ensure compliance with the requirements of the current version of the Riverside County NPDES MS4 Permit. At minimum, all Post Construction BMPs, shall be inspected once every three years and on a greater frequency if issues are identified. Consultant shall work with property owners, property managers and tenants in order to ensure that BMPs are operating as set forth in the WQMP document, and that said BMPs are being properly maintained in order to ensure maximum effectiveness for pollutant removal. Consultant shall use forms developed by the City for documenting each aspect of the inspection. Consultant shall perform follow-up inspections as necessary to ensure corrections of Notices of Correction or Notices of Violations. Consultant shall input inspection information into the MS4 database on a routine basis. E. Construction Sites — Consultant shall perform Construction site inspections on private and public projects inclusive of private development and city capital projects in compliance with the current General Construction Permit, the County of Riverside MS4 Permit and the City's current Storm Water Ordinances. Inspections shall beat the frequency determined by the requirements set forth in the County of Riverside MS4 permit. Consultant shall obtain on a weekly basis a list of current public and private construction projects which have been issued a notice to proceed with construction activities or a grading permit. The Consultant shall review the State SMARTS system in order to verify that a project has obtained coverage as appropriate under the General Construction Permit and shall conduct an initial inspection to determine on -site compliance as necessary based upon BMPs and SWPPP requirements. Based on the type of construction, the Consultant shall establish an inspection schedule consistent with the priorities set forth in the MS4 Permit and shall maintain set schedule as required during the wet and dry seasons. Consultant inspection staff shall have their QSP Certification in order to conduct inspections. For public projects, the Consultant shall be responsible, in coordination with city staff, for inputting City projects into the SMARTS system, shall be responsible for ensuring that the public construction site maintains adequate on -site BMPs, shall perform all necessary inspections, record keeping and filing of annual reports, including but not limited to obtaining Notice of Intent filings, filing of all required documents into the SMARTS system, filing of Annual Reports if required by the duration of the construction project, and filing of Notice of Termination under the direction of the City Engineer or his/her designee. Consultant shall use forms developed by the City for documenting each aspect of the inspection. Consultant shall perform follow-up inspections as necessary to ensure corrections of Notices of Correction or Notices of Violations. Consultant shall input inspection information into the MS4 database on a routine basis. III. TRAINING Consultant shall be capable of providing annual in-house training programs on various aspects of the NPDES program. Training may include one-on-one mentoring, classroom or tailgate sessions. In addition, Consultant shall maintain training records and input training records into the database or annual report on a routine basis. Training topics may include but not limited to: a. Integration of NPDES requirements throughout the development process, including WQMP components and Construction inspection requirements within the development process; b. Integration of the General Construction Permit and the General Industrial Permit, and other statewide requirements into City operations. c. Compliance with NPDES requirements in Municipal facilities. Other specific training as determined by the City The City is also expressly advising interested firms that the goal of this solicitation is to change the City's existing NPDES service process requiring submittal of all related documents, including plans, reports and documents to be 100% electronic submittal and plan review process. The selected firm(s) will be responsible for implementing the 100% electronic submittal process with the City's existing software system, in anticipation of the City implemented a global Enterprise Resource Planner (ERP) system in 2021. The selected firm(s) will be required for furnishing and providing its electronic system for City use on its IT system, subject to review and approval by the City's IT Director. EXHIBIT `B" CITY'S REQUEST FOR PROPOSALS CITY OF PALM SPRINGS, CA REQUEST FOR PROPOSALS (RFP) #10-21 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON -CALL CONSULTING SERVICES Requests for Proposals (RFP #10-21), for on -call consulting services for the National Pollutant Discharge Elimination System (NPDES) Program for the City of Palm Springs, CA, (hereinafter the "RFP") will be received at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME, TUESDAY, MAY 11, 2021. It is the responsibility of the respondent to see that any proposal sent through the mail, or by any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability of proposals. Telegraphic, telephonic, faxed or emailed proposals will not be accepted. Late proposals will be returned unopened. Failure to register as a Proposer to this RFP process per the instructions in the Notice Inviting Requests 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 proposal as being non -responsive or negatively impact the evaluation of a proposal. We strongly advise that interested firms officially register per the instructions in the Notice. 1. PURPOSE AND SCHEDULE: The City of Palm Springs is requesting proposals from qualified professional firms to provide the City with professional technical consultant services to assist with the National Pollutant Discharge Elimination System (NPDES) Program within the City. SCHEDULE: Notice requesting Proposals posted and issued .......................................................April 8, 2021 Deadline for receipt of Questions.........................................Tuesday, May 4, 2021, 3:00 P.M. Deadline for receipt of Proposals .......................................Tuesday, May 11, 2021, 3:00 P.M. Short List / Interviews/, *if desired by City ......................................................... to be determined Contract awarded by City Council..................................................................... to be determined NOTE. There will NOT be a pre -proposal conference for this procurement. *Dates above are subject to change. "KEY" TO RFP ATTACHMENTS: ATTACHMENT "A"- Signature Authorization Form, including Addenda acknowledgment. *Must be completed and included with Work/Technical Proposal electronic file #1. ATTACHMENT "B" — Non Collusion Form. *Must be completed and included with Work/Technical Proposal electronic file #1. ATTACHMENT "C" — Cost Proposal Form. *Must be completed and included in a separate electronic labeled File #2 — do NOT include this with your Work/Technical Proposal. ATTACHMENT "D" — No Conflict of Interest and Non -Discrimination Form. *Must be completed and included with Work/Technical Proposal electronic file #1. ATTACHMENT "E" — Business Disclosure Form. *Must be completed and included with Work/Technical Proposal electronic file #1. ATTACHMENT "F" — Sample boilerplate Contract Services Agreement (for reference only) 2. BACKGROUND: The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. The CWA was based on laws enacted in 1948 and was then referred to as the Federal Water Pollution Control Act. The Act was significantly reorganized and expanded in 1972 and became known as the "Clean Water Act." The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained. EPA's National Pollutant Discharge Elimination System (NPDES) permit program controls discharges. Point sources are discrete conveyances such as pipes or man-made ditches. Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need an NPDES permit; however, industrial, municipal and other facilities must obtain permits if their discharges go directly to surface waters. The "CWA" establishes requirements for the discharge of urban runoff from the Municipal Separate Storm Sewer System ("MS4") under the "NPDES" program. The Colorado River Basin Regional Water Quality Control Board ("RWQCB") issued Permit Order No. R7-2013-0011 ("MS4 Permit") to authorize the discharge of urban runoff from the collective Riverside County MS4s within the Coachella Valley Region on June 20, 2013. This permit regulates discharges from all MS4 facilities within the Whitewater River watershed in Riverside County unless administratively extended, the MS4 Permit will expire on June 19, 2018. The MS4 Permit coverage includes the Riverside County Flood Control and Water Conservation District ("District"), Riverside County ("County"), the Coachella Valley Water District (CVWD) and the cities of Banning, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage. The District is the Principal Permittee, while the other jurisdictions are considered "Co- Perm ittees. " Although all Permittees work cooperatively to implement the area -wide MS4 program, as a Co-Permittee the City of Palm Springs is ultimately responsible for compliance with the MS4 Permit within the City. 3. SCOPE OF WORK, SERVICES, OBJECTIVES AND SPECIFICATIONS: Generally the scope of work consists of, but is not limited to the following: The selected Consultant shall provide a variety of MS4/NPDES related services to the City on an as -needed / as -requested basis. Overall, Consultant shall provide services which encompass aspects of the NPDES program as it pertains to the Federal Clean Water Act, the Porter -Cologne Act, the statewide General Permits relating to Construction, Industrial, DeMinimus and all related regulations, policies, procedures and actions as implemented by the State Water Resources Control Board. With the elimination of Riverside County's Compliance Assistance Program (CAP), the consultant shall be expected to integrate these services as part of the City's overall NPDES program. Further, the Consultant shall provide policy assessment, scientific understanding and field implementation necessary to provide comprehensive support to the City as it relates to the Waste Discharge Requirements for the County of Riverside and the incorporated areas subject to the Whitewater River Permit, under Colorado River Basin Regional Water Quality Control Board Order No. R7-2013-0011, NPDES No. CAS 617002, Areawide Urban Storm Water Runoff Permit and any successor permits. The City is looking for a Consultant that has a comprehensive understanding of the NPDES program and can provide the capacity to advise the City on policy issues, review, develop and update ordinances, resolutions, processes and procedures within the City, perform integrated inspection services as they relate to construction, commercial, industrial and residential sites, inclusive of ensuring Best Management Practices (BMPs) and/or Storm Water Pollution Prevention Plans (SWPPP) are implemented, while ensuring the professional development and understanding of the City's existing staff. Further, the City desires a Consultant which can provide immediate and appropriate technical support to the City's Development, Administration, Finance and Engineering staffs in order to ensure that the City has a comprehensive, integrated program that dovetails with other programs such as water conservation, landscape maintenance, water and wastewater operations. The selected Consultant shall have a track record of working with the business community as a resource while ensuring that the development and business communities come into compliance with applicable NPDES requirements in a timely and fair approach. The City desires an approach in a combination of prime and sub consultants in order to ensure complete integration of the various components of the NPDES programs and in order to avoid gaps in program implementation. The following sections provide further details regarding the City's needs and requirements: NPDES PROGRAM ADMINISTRATION AND REPRESENTATION The selected Consultant shall act as the City's designated representative as it relates to working with the Principal Permittee (Riverside County), other co-permittees, regulators such as the Colorado River Basin Regional Water Quality Control Board, other agencies and organizations, including but not limited to the business community, environmental organizations and the general public. Consultant shall be responsible for the administration and reporting requirements set forth in the NPDES permit and as needed by the City for the efficient and effective operation of the NPDES program. The following are necessary and typical in order for the City to comply with the NPDES program requirements and to ensure adequate involvement by the City in the NPDES Permit program: 2. Consultant shall attend and adequately represent the City at the following meetings: a) Riverside County Desert Task Force Meeting, including any subcommittees as created. Consultant shall have appropriate and demonstrated technical involvement and historical understanding of the activities at these meetings. b) Consultant shall attend Colorado Regional Water Quality Control Board meetings as requested. c) Attend City Capital Improvement Status meeting, Design Review Committee, Economic Development Committee, Utility Commission meeting, Planning Commission, or City Council meetings as requested. 2. Consultant shall be responsible for administering the NPDES program within City operations, including but not limited to preparation of the annual report submission for the County; assistance in preparation of budget submission, special studies and other efforts as requested by the City; maintain and update any databases as provided by the County of Riverside or the City of Palm Springs; and, develop and present technical memos and policy papers as necessary to provide information to City staff, the Principal-Permittee, Co-Permittees and elected officials. 3. Meet regularly with the Public Works & Engineering Department liaison to provide appropriate updates and status reports on various projects, to seek input and to respond to requests as appropriate. 4. Shall assist the City in identifying and submitting applications for grants related to the NPDES program, or other associated programs such as water conservation, facilities, and others. 12. Assist in preparation of fee studies, cost recovery models or other activities in support of the program. 13. Consultant shall have the capacity to review, analyze and provide technical, scientific and policy assessment as it relates to analyzing proposed permits, Total Maximum Daily Loads (TMDLs) and resulting regional wide programs. Consultant shall be able to communicate effectively the impacts and costs associated with proposed actions by the regulators and be able to present said findings to the City staff and elected officials, other elected or appointed bodies either orally or in writing. 14. Review and update the City's Local Implementation Plan (LIP) on an annual basis and prepare revisions as necessary to comply with current operations, NPDES Permit requirements or other requirements which affect the operation of the LIP. 15. Review and update the City's Storm Water Ordinance on an annual basis and prepare revisions as necessary to improve enforcement of the NPDES program within the City. 16. Coordinate the invoicing of the City's NPDES Inspection Fee program, including but not limited to: reviewing and revising the designations and classifications for individual businesses within the City; field checking businesses to determine the appropriate prioritization of the business; assisting city staff in accounting and invoice preparation, including preparation of invoice master lists for billing; and, reconciling the City's business list against the MS4 database in order to maintain a current record of businesses for both inspection and invoicing purposes. 17. Coordination with other water conservation organizations and agencies including but not limited to, Palm Springs Wastewater Treatment Plant and Veolia West Operating Services as plant operator. 18. Other administrative activities as requested in support of the NPDES program or other associated programs, including water, wastewater and landscaping. II. INSPECTION PROGRAM The selected Consultant shall have the capability of providing a variety of inspection services as it relates to Construction, Commercial, Industrial, Restaurants and Municipal Facilities. The inspection programs shall include compliance with the current version of the General Construction Permit, the General Industrial Permit, the MS4 Storm Water Permit and other programs as applicable. With the elimination of Riverside County's Compliance Assistance Program (CAP), the consultant shall be expected to integrate these services as part of the City's overall NPDES program. The Consultant shall prepare appropriate written inspections, including documentations and photos as needed to ensure compliance by the inspectee as it relates to the various programs and at a frequency accepted by the Regional Water Quality Control Board. The Consultant shall also perform other types of inspections, including investigations of alleged and reported Illicit Connections — Illicit Discharge and other inspections. Consultant shall issue Notices of Correction and Notices of Violations to the inspectee, shall maintain a record of follow-up inspections, and shall document evidence as necessary in support of prosecution if necessary. Consultant staff shall have Qualified Storm Water Practitioner training and at least one of the supervising inspectors shall be certified as a QSP upon start of the contract. Consultant shall input and update the MS4 Database on a routine basis as part of the inspection program. Consultant staff shall include Spanish speaking inspectors to ensure that inspection program requirements are appropriately communicated to non-English speaking inspectees. Consultant shall provide inspections, which include Municipal or City owned facilities for the following program areas: F. Commercial — Consultant shall inspect each applicable commercial business on a frequency appropriate to the type of business, the activities performed by the business which may result in exposure to storm water, the SIC/NAICS Codes, and any other information appropriate to the NPDES program. Consultant shall secure on a monthly basis the names and addresses of all new commercial businesses issued licenses by the City and conduct an initial inspection of the business using the Risk Based Scoring System. In addition, the Consultant shall perform a Pre -Treatment Survey to be submitted to the Palm Springs Wastewater Treatment Plan/Veolia operators. Upon completion of the initial inspection, Consultant shall establish the business priority within the database and shall subsequently maintain all inspections within the Database as appropriate. Inspections shall comply with the requirements of the current version of the County of Riverside MS4 Permit. Consultant shall use forms developed by the City for documenting each inspection. Consultant shall perform follow-up inspections as necessary to ensure corrections of Notices of Correction or Notices of Violations. G. Industrial - Consultant shall inspect each applicable industrial business on a frequency appropriate to the type of business, the activities performed by the business which may result in exposure to storm water, the SIC/NAICS Codes, whether the business is listed in the General Industrial Permit, and other information as appropriate. Consultant shall secure on a monthly basis the names and addresses of all new industrial businesses issued licenses by the City, conduct an initial inspection of the business using the Risk Based Scoring System. In addition, the Consultant shall perform a Pre -Treatment Survey to be submitted to the Palm Springs Wastewater Treatment Plant/Veolia operators. Upon completion of the initial inspection, Consultant shall establish the business priority within the database and shall subsequently maintain all inspections within the database as appropriate. Consultant shall consult with Regional Water Quality Control Board staff as appropriate in order to ensure that the industrial businesses are in compliance and covered by the General Industrial Permit as appropriate. Consultant shall use forms developed by the City for documenting each inspection. Consultant shall perform follow- up inspections as necessary to ensure corrections of Notices of Correction or Notices of Violations. H. Restaurants - Consultant shall inspect each applicable restaurant on a frequency appropriate to the type of business, the activities performed by the business which may result in exposure to storm water, the SIC/NAICS Codes, the presence of grease interceptors and any other information appropriate to the NPDES program. Consultant shall secure on a monthly basis the names and addresses of all new restaurants issued licenses by the City, conduct an initial inspection of the restaurant using the Risk Based Scoring System. In addition, the Consultant shall perform a Pre -Treatment Survey to be submitted to the Palm Springs Wastewater Treatment Plant/Veolia operators. Upon completion of the initial inspection, Consultant shall establish the business priority within the MS4 Database and shall subsequently maintain all inspections within the MS4 Database as appropriate. Inspections shall comply with the requirements of the current version of the County of Riverside MS4 Permit. . Consultant shall use forms developed by the City for documenting each aspect of the inspection. Consultant shall perform follow- up inspections as necessary to ensure corrections of Notices of Correction or Notices of Violations. Post Construction BMPS — Consultant shall perform Post Construction BMP Inspections of all BMPS included with current and past WQMP documents in order to ensure compliance with the requirements of the current version of the Riverside County NPDES MS4 Permit. At minimum, all Post Construction BMPs, shall be inspected once every three years and on a greater frequency if issues are identified. Consultant shall work with property owners, property managers and tenants in order to ensure that BMPs are operating as set forth in the WQMP document, and that said BMPs are being properly maintained in order to ensure maximum effectiveness for pollutant removal. Consultant shall use forms developed by the City for documenting each aspect of the inspection. Consultant shall perform follow-up inspections as necessary to ensure corrections of Notices of Correction or Notices of Violations. Consultant shall input inspection information into the MS4 database on a routine basis. J. Construction Sites — Consultant shall perform Construction site inspections on private and public projects inclusive of private development and city capital projects in compliance with the current General Construction Permit, the County of Riverside MS4 Permit and the City's current Storm Water Ordinances. Inspections shall be at the frequency determined by the requirements set forth in the County of Riverside MS4 permit. Consultant shall obtain on a weekly basis a list of current public and private construction projects which have been issued a notice to proceed with construction activities or a grading permit. The Consultant shall review the State SMARTS system in order to verify that a project has obtained coverage as appropriate under the General Construction Permit and shall conduct an initial inspection to determine on -site compliance as necessary based upon BMPs and SWPPP requirements. Based on the type of construction, the Consultant shall establish an inspection schedule consistent with the priorities set forth in the MS4 Permit and shall maintain set schedule as required during the wet and dry seasons. Consultant inspection staff shall have their QSP Certification in order to conduct inspections. For public projects, the Consultant shall be responsible, in coordination with city staff, for inputting City projects into the SMARTS system, shall be responsible for ensuring that the public construction site maintains adequate on -site BMPs, shall perform all necessary inspections, record keeping and filing of annual reports, including but not limited to obtaining Notice of Intent filings, filing of all required documents into the SMARTS system, filing of Annual Reports if required by the duration of the construction project, and filing of Notice of Termination under the direction of the City Engineer or his/her designee. Consultant shall use forms developed by the City for documenting each aspect of the inspection. Consultant shall perform follow-up inspections as necessary to ensure corrections of Notices of Correction or Notices of Violations. Consultant shall input inspection information into the MS4 database on a routine basis. III. TRAINING Consultant shall be capable of providing annual in-house training programs on various aspects of the NPDES program. Training may include one-on-one mentoring, classroom or tailgate sessions. In addition, Consultant shall maintain training records and input training records into the database or annual report on a routine basis. Training topics may include but not limited to: d. Integration of NPDES requirements throughout the development process, including WQMP components and Construction inspection requirements within the development process; e. Integration of the General Construction Permit and the General Industrial Permit, and other statewide requirements into City operations. f. Compliance with NPDES requirements in Municipal facilities. Other specific training as determined by the City The City is also expressly advising interested firms that the goal of this solicitation is to change the City's existing NPDES service process requiring submittal of all related documents, including plans, reports and documents to be 100% electronic submittal and plan review process. The selected firm(s) will be responsible for implementing the 100% electronic submittal process with the City's existing software system, in anticipation of the City implemented a global Enterprise Resource Planner (ERP) system in 2021. The selected firm(s) will be required for furnishing and providing its electronic system for City use on its IT system, subject to review and approval by the City's IT Director. 4. PROPOSAL REQUIREMENTS: The firm'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 RFP cannot identify each specific, individual task required to successfully and completely implement this project. The City of Palm Springs relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of work and to 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 selected firm's agreement which do not involve a substantial change from the general scope of work identified in this RFP. 5. SELECTION PROCESS: This solicitation has been developed in the Request for Proposals (RFP) format. Accordingly, proposers 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. PRICE ALONE WILL NOT BE THE SOLE DETERMINING CRITERIA. The City shall review the proposals submitted in reply to this RFP, and a limited number of firms may be invited to make a formal presentation at a future date if desired by the City. The format, selection criteria and date of the presentation will be established at the time of short listing, if conducted. 6. PROPOSAL EVALUATION CRITERIA: This solicitation has been developed in the "Request for Proposals" (RFP) format. Accordingly, firms should take note that the City will consider multiple criteria in selecting the most qualified firm. Consistent with CA Government Code Section 4525/4526 and Municipal Code 7.04.050 for the acquisition of Professional Services, price is NOT an evaluation criteria. Cost proposals submitted in separate electronic file and are not opened, nor considered during proposal evaluations. Upon selection of the most qualified firm, the associated cost proposal will be used as a basis for contract negotiations. A contract shall be negotiated on the basis of the submitted Cost Proposal, and in consideration of fair and reasonable and mutually agreed upon project costs and time requirements. Should successful negotiations not occur with the highest ranked firm, the City may, at its sole discretion, choose to enter into negotiations with the second highest ranked firm, and so on. PRIOR CITY WORK: If your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their proposal, information obtained from references, and presentations if requested. All proposals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past projects. An Evaluation Committee, using the following evaluation criteria for this RFP, will evaluate all responsive proposals to this RFP. Firms are requested to submit their proposals so that they correspond to and are identified with the following specific evaluation criteria: A. Firm Qualifications, Experience and Background (36 POINTS): B. Understanding of NPDES Program and the requested Scope of Work (35 POINTS): C. References and Experience with Projects of Similar Size and Scope (25 POINTS): D. Local Expertise Demonstrated on the Team (5 POINTS): Firms that qualify as a Local Business, or employ local sub -consultants, and submit a valid business license as more fully set forth in Section DA below, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five (5) points, will be awarded to those that qualify as a Local Business. Two (2) points will be awarded to a non -local business that employs or retains local residents and/or firms for this project. Non - local firms that do not employ or retain any local residents and/or firms for this project shall earn zero (0) points for this criteria. 7. PROPOSAL CONTENTS: 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 above. The proposals must be in an 8'/2 X 11 format, minimum 10pt font size, minimum %" margins, and may be no more than a total of Thirty (30) electronic pages which includes double sided pages. Cover letter, organization charts, staff resumes, appendices, and any exceptions to the language in the sample agreement, or to the insurance requirements are considered part of the 30 pages. NOTE: Front and Back Covers, Dividers, Attachments "A","B", "D" and "E" and Addenda acknowledgments, and the Cost/Rates Proposal (*in a separate electronic file) do NOT count toward the limit (everything else does). YOU MUST UPLOAD TWO (2) SEPARATE FILES — ONE WITH THE WORK PROPOSAL/QUALIFICATIONS, AND ONE WITH THE COST/RATES. EACH FILE IS TO BE LABELED WITH THE RFP #, FIRM NAME, AND EITHER "WORK PROPOSAL" OR "COST/RATES". FOR EXAMPLE: "RFP 13-20, JONES CO., WORK PROPOSAL" and "RFP 13-20, JONES CO., COST/RATES". YOU MUST FOLLOW THE EXAMPLE TO LABEL YOUR FILES — FAILURE TO DO SO MAY RESULT IN YOUR PROPOSAL BEING LOST OR REJECTED. NOTE THAT YOU CAN'T USE ANY SPECIAL CHARACTERS IN NAMING YOUR FILES — ONLY COMMAS AND DASHES MAY BE USED. ANY OTHER SPECIAL CHARACTERS IN THE LABEL OF YOUR ELECTRONIC FILES WILL RESULT IN TRANSMISSION FAILURE AND REJECTION OF YOUR PROPOSAL. ELECTRONIC SUBMISSIONS SHALL BE UPLOADED TO THE FOLLOWING SITE VIA THE LINK BELOW. ALL SUBMISSIONS MUST BE TIME DATE STAMPED BY THE SYSTEM AS BEING RECEIVED BY THE DEADLINE. LATE SUMBISSIONS WILL BE REJECTED. TO UPLOAD YOUR TWO (2) SEPARATE FILE SUBMISSIONS IN RESPONSE TO THIS RFP GO TO: https://spaces.hightaiI.com/uplink/Procurement Proposals not meeting the above criteria may be found to be non -responsive. EACH PROPOSAL PACKAGE MUST INCLUDE TWO (2) SEPARATE ELECTRONIC FILES: Electronic File #1, clearly marked "Work Proposal", shall include the following items: • Completed Signature authorization and Addenda Acknowledgment (see Attachment A) • Completed Affidavit of Non -Collusion (see Attachment B) • If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley. • Completed No Conflict of Interest and Non -Discrimination Form (Attachment D) • Completed Public Integrity Business Disclosure Form (Attachment E) In addition to the items above, at a minimum, firms must provide the information identified below. All such information shall be presented in a format that directly corresponds to the numbering scheme identified here TECHNICAL/WORK PROPOSAL: The Technical/Work Proposal (Envelope #1) shall be clearly marked and shall include the Sections A, B, C, D (*if Local Preference is applicable) below: SECTION A: FIRM QUALIFICATIONS, PROJECT TEAM, EXPERIENCE AND BACKGROUND A.1 State your firm's complete name, type of firm (individual, partnership, corporation or other), telephone number, FAX number, contact person and E-mail address. If a corporation, indicate the state the corporation was organized under. A.2. State the name and title of the firm's principal officer with the authority to bind your company in a contractual agreement. A.3 Describe your firm's background and qualifications in the type of effort that this project will require, specifically identifying experience with providing NPDES program consulting services for public agencies. AA List the name, current valid professional license numbers if applicable, qualifications and availability of the key staff/team members that will be assigned to this project. Provide detailed qualifications of the lead Representative or Project Manager that will be assigned to this project. A.5 Indicate the name of any sub -consultant firms that will be utilized to make up your team. Describe each sub -consultant's background and specific expertise that they bring to this project, SECTION B: UNDERSTANDING NPDES PROGRAM CONSULTING SERVICES B.1 Describe in detail the steps that your firm would follow to provide the requested on -call NPDES program consulting services as defined in the scope of services and tasks in this RFP, including your work plan process and methodology. B.2 Identify your ability to ensure that projects are designed within your client's budget and the measures taken in successfully completing all phases of a project. B.3 Identify project management tools you propose to use to keep both your own staff on track and the City staff cognizant of current project status. B.4 Identify a project for which your firm and the staff proposed for this contract provided NPDES program consulting services for a public agency and performed the tasks and scope of work defined, and describe how you applied your firm's skills and abilities in the following areas: (a) Responsiveness and attentiveness to client needs; (b) Creative ability; (c) Knowledge and understanding of the latest industry issues and trends; (d) Analytical capability; (e) Oral and written communication skills; (f) Interaction with client's organization, i.e., other divisions and personnel (g) Sensitivity to funding constraints. SECTION C: REFERENCES AND EXPERIENCE WITH PROJECTS OF SIMILAR SIZE AND SCOPE C.1 Provide a minimum of three (3) references for recently completed NPDES program consulting services for projects of a similar size and scope where the key personnel identified above provided the professional services required. At least two (2) of the references shall be for public/government agency projects. Provide contact information, including full name and a current phone number, for each project identified. C.2 For the representative successful projects completed, explain what key issues/challenges you faced and how you solved them. Also, please comment on the project budgeting for each. SECTION D: LOCAL EXPERTISE DEMONSTRATED ON THE TEAM D.1 Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term "Local Business" is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, "Coachella Valley' includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. The contractor or consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and sub consultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible. In order for a business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see Attachment A) and provide a copy of its current business license (or of those it employs forthis project) from a jurisdiction in the Coachella Valley with its proposal. D.2 List all team members with local expertise. Clearly define their role in the overall project. COST PROPOSAL; Electronic File #2, clearly marked as per the instructions above, "Cost/Rates", shall include the following item: The Consultant shall be required to: • List the current 2016 hourly rates for all classifications of personnel who may work on providing the City with NPDES program consulting services as defined in the Scope of Services and tasks identified. • List any reimbursable expenses the City may incur. • List any additional costs, such as drive time, that the City may incur in conjunction with the performance services. • Do NOT include Attachments "A", "B", "D" or "E" in the Cost Proposal, Electronic File #2. Attachments "A", "B", "D" and "E" are to be included in Electronic File #1, "Work Proposal". 8. GENERAL AND SPECIAL CONDITIONS: DEADLINE FOR SUBMISSION OF PROPOSALS: Proposals will be electronically received via the link provided in this RFP by the Procurement and Contracting Department until 3:00 P.M. LOCAL TIME, TUESDAY, MAY 11, 2021. The receiving time date stamp in the electronic file database will be the governing time for acceptability of Proposals. Paper proposals, or proposals sent by any other means, or to any other electronic file or email address other than the link provided in this RFP will NOT be accepted. Late proposals will be returned unopened. Proposals shall be clearly marked per the instructions provided and submitted electronically to: https://spaces.hightail.com/uplink/Procurement QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a proposal. Any questions, technical or otherwise, pertaining to this RFP must be submitted IN WRITING and directed ONLY to: Procurement & Contracting Attn: Procurement Manager via EMAIL: info. procurement(a)palmspringsca.gov 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 3:00 P.M., Local Time, Wednesday, MAY 4, 2021. Questions received 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. FORM OF AGREEMENT: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Contract Services Agreement (see Attachment "F"). Please note that the Exhibits are intentionally not complete in the attached sample standard document. These exhibits will be negotiated with the selected firm, and will appear in the final Contract Services Agreement executed between the parties. 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: a) Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. b) Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Proposer 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 Proposer, and so on. The term of the agreement that is awarded as a result of this RFP shall be in effect for three (3) years with two (2) one-year renewal options. 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, equipment and services identified in the RFP document. However, the City reserves the right to award a contract, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the 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. 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. INSURANCE: Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFP. The successful Proposer will be required to comply with these provisions. It is recommended that Proposers have their insurance provider review the insurance provisions BEFORE they submit their proposal. RESPONSIBILITY OF PROPOSER: 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 proposal package, etc.), the proposal shall be rejected. PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 6255 during the negotiation process, may be made public afterthe 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. 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 proposal is a trade secret. If a request is made for information marked "Confidential," "Trade Secret," Proprietary," or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction. If a submitting party contends that a portion of the 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 proposal or other information or documents submitted to the City as part of this RFP process. NOTE THAT THE CITY MAY NOT RECOGNIZE PROPOSALS WHERE ALL OF THE INFORMATION, VIA A BLANKET STATEMENT, IS SUBMITTED AS PROPRIETARY INFORMATION OR A TRADE SECRET. SUCH PROPOSALS MAY BE FOUND NON -RESPONSIVE. 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. COMPLIANCE WITH LAW: Proposer warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. LICENSES, PERMITS, FEES, AND ASSESSMENTS: Proposer represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this RFP. Proposer represents and warrants to City that Proposer shall, at its sole cost and expense, keep in effect at all times during the term of the Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Proposer to perform the Work and Services under the Agreement if so awarded. Proposer shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Proposer's performance of the Work and Services required under the Agreement if so awarded. Proposer shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Tax". 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. NONCOLLUSION: The undersigned, by submission of this Proposal 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. Proposer must execute an Affidavit of Non -Collusion provided as Attachment "B" in the RFP and include it with their proposal. PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals. OTHER PUBLIC AGENCY "PIGGYBACK" CLAUSE": It is intended that any other public agency, at the mutual consent of both parties and consistent with the public agency's policies and procedures, be permitted to purchase under the terms submitted in response to this procurement. Any participating agency shall take sole responsibility for the placing of orders, arranging for delivery and or services, and making payments to the vendor, contractor, or consultant. The City of Palm Springs will not be liable or responsible for any obligations, including but not limited to financial responsibility, in connection with the participation by other public agencies. 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 Request for Proposals, 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 included in the proposal and clearly defined. Exceptions to the City's RFP document or standard boilerplate language, insurance requirements, terms or conditions may be considered in the evaluation process; however, the City makes no guarantee that any exceptions will be approved. ATTACHMENT "A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope #1)* REQUESTS FOR PROPOSALS (RFP) # 10-21 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON -CALL CONSULTING SERVICES SIGNATURE AUTHORIZATION NAME OF COMPANY(PROPOSER): BUSINESS ADDRESS: TELEPHONE: CELL PHONE FAX CONTACTPERSON EMAIL ADDRESS A. I hereby certify that 1 have the authority to submit this Proposal 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 proposal. 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: 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 RFP: 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 RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non -responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s) # is/are hereby acknowledged. ATTACHMENT "B" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope #1)* NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND NOTARIZED AND SUBMITTED WITH BID STATE OF CALIFORNIA) ss COUNTY OF RIVERSIDE) The undersigned, being first duly sworn, deposes and says that he or she is the party making the foregoing Proposal. That the Proposal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Proposal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Proposal depository, or any other member or agent thereof to effectuate a collusive or sham Proposal. By: Title: Subscribed and sworn to before me this day of . 2021 ATTACHMENT "C" *THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPERATE ELECTRONIC FILE #2 "Cost Proposal", NOT with Electronic File #1, Technical Work Proposal*) REQUEST FOR PROPOSAL (RFP #10-21) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON -CALL CONSULTING SERVICES COST PROPOSAL NAME OF FIRM SUBMITTING THIS COST PROPOSAL: Cost Proposal *FOLLOW THE PROPOSAL SUBMISSION INSTRUCTIONS FOR THE COST PROPOSAL IN A SEPERATE ELECTRONIC FILE #2 • List the current 2016 hourly rates for all classifications of personnel who may work on providing the City with NPDES program consulting services as defined in the Scope of Services and tasks identified. • List any reimbursable expenses the City may incur. • List any additional costs, such as drive time, that the City may incur in conjunction with the performance services. • The City shall include a provision in the final agreement with the selected firm(s) for annual CPI adjustments of the hourly rates after the first year of contract execution. Annual cost -of -living adjustments, if any, shall be based on the Consumer Price Index (CPI) for All Urban Consumers, for Los Angeles -Riverside -Orange County, CA. NOTE: This page MUST be manually signed. Certified by: Firm Name Signature of Authorized Person Printed Name Title Date A CAS--- C,*kk Engineering and Consulting Engineering and Con Iting May 11, 2021 City of Palm Springs Office of Procurement & Contracting 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 77-564 Country Club Drive, Suite 211 Palm Desert, CA 92211 Office: 760.259-0108 Fax: 760.772.4264 Subject: RFP #10-21, NPDES Program On -Call Consulting Services Dear Selection Committee, CASC Engineering and Consulting (CASC) is pleased to present our qualifications and are excited to have the opportunity to continue to provide our services to the City of Palm Springs (City). This proposal package demonstrates how the City can benefit from not only our extensive and relevant NPDES regulatory experience and municipal program knowledge, but from our extensive stormwater experience in Palm Springs and the Coachella Valley. Brief History CASC was established in 1993 and has been providing professional consulting services to government and institutional clients for nearly 30 years. CASC is regarded as one of the leading NPDES consulting firms in the Whitewater River Watershed and in Southern California. We bring to the City of Palm Springs, extensive experience in all aspects of the Whitewater River (WWR) Watershed MS4 permit. We have been supporting numerous stormwater programs in Riverside County and the Coachella Valley for over 15 years, including programs for the cities of Palm Springs, Cathedral City and La Quinta CASC is regarded as one of the leading NPDES consulting firms in the Whitewater River as well as for Riverside County Flood Control, Riverside County Department of Transportation, and Riverside County Economic Development Agency. Why continue with CASC as the City's NPDES Program Consultant? CASC has dealt with the ever -changing NPDES Permit regulations for over 20 years and have kept our finger on the pulse of the state and regional regulatory agencies to anticipate potential new requirements for the City. At CASC, we pride ourselves in our ability to limit project challenges by forward -thinking and planning, as well as our ability to resolve project issues by following established protocols in a professional and cooperative manner. Ultimately, the success of any project comes down to the people involved, and CASC is proposing a technically seasoned team committed to continuing to serve the City of Palm Springs. Highlights of the exceptional qualifications of the CASC team include: i Experience with Whitewater River —The Program Manager, Assistant Program Manager, and the entire CASC team are known for their exceptional knowledge of the Whitewater River NPDES Permit. We have experience gained through conducting a wide range of similar activities for the cities of Palm Springs, Cathedral City, La Quinta, Rancho Mirage, Palm Desert, and the County of Riverside Transportation Department. 2021-0111 www.coscinc.com 1 City of Palm Springs May 11, 2021 Page 2 Experience with Inspections -- The proposed team has exceptional knowledge of Food Facility, Hazardous Material Facility, and other similar inspections. This expertise has been gained through conducting hundreds of similar inspections for agencies such as the cities of Palm Springs, Cathedral City, La Quinta, Temecula, Hemet, Norco, Ontario, El Monte, and Irwindale. , Experience with NPDES Training -CASC has taught MS4 NPDES staff since 2004 through the Riverside County Flood Control District and the Whitewater River Stormwater Program. i Experience with Stormwater Regulations - CASC has broad -scale knowledge of NPDES regulatory compliance issues through our work with government agencies, school districts, and private companies throughout the state. We have provided NPDES program support to programs both large and small. Our work includes over $17 million in NPDES water quality monitoring services to the State of California, Department of Transportation and over $16 million in NPDES consulting services to Southern California Edison. Stormwater Certifications -All primary team members hold at least one of the following credentials: PE, CPSWQ CPMSM, CPESC, CESSWI, CESSWI-IT, QSD, QSP, or QISP; Understanding ofthe RFP and Scope of Services: CASC takes no exceptions to the language in the RFP documents and/or attached sample agreement, including the insurance requirements. CASC acknowledges our understanding and ability to complete the Scope of Services as presented within the RFP#10-21. CASC further acknowledges that no addenda to the RFP were issued by the City. Finally, CASC guarantees that all contents of this proposal are valid for 120 calendar days from the date of this letter. Sincerely, CASC ENGINEERING AND CONSULTING, INC. Melanie Sotelo, M.S.E., CPMSM, CPSWQ, QISP, QSD Associate Director of Environmental Services 760.259.0108 ext 1600 msoteloPcascinc.com CASC ENGINEERING AND CONSULTING, INC. Rick Sidor, PE, QSD, CPESC President/Owner (Authorized to bind the firm) 909.835.7145 rsidor@cascinccom www.cascinc.com 2 CITY OF PALM SPRINGS e**G NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM Engin--ing and Con .une ON -CALL CONSULTING SERVICES; RFP #10-21 SECTION A. FIRM QUALIFICATIONS, PROJECT TEAM, EXPERIENCE AND BACKGROUND A.I. FIRM NAME, TYPE, AND CONTACT INFORMATION Name: CASC Engineering and Consulting, Inc. Type: Corporation State of Incorporation: California Telephone Number: (760) 259-0108 Fax Number: (760) 772-4264 Contact Person: Melanie Sotelo Email: msotelo@cascinc.com A.2 AUTHORITY TO BIND CONTRACTUALLY Principal Officer: Richard J. Sidor, P.E. Title: President A.3 FIRM'S BACKGROUND AND QUALIFICATIONS COMPANY BACKGROUND 77-564 Country Club Drive, Suite 211 Palm Desert, CA CASC was established in 1993 to provide professional consulting services to government agencies, utility districts, and the building industry. This includes water quality, environmental, landscape architecture, civil engineering, land use planning, training, drone, and GIS services to our diverse public and private client base. Our NPDES regulatory compliance projects include municipal program development, program management, permit renewal assistance, storm water monitoring, industrial/commercial inspections, post -construction BMP design and operation, plan checking, drone services with certified pilots, biological studies, GIS and database support, training, and storm water program staff augmentation. For each project, we assemble a multidisciplinary team selected to address our clients' specific needs. Together, we identify, analyze and develop solutions to tackle challenges regarding storm water regulatory compliance. We currently operate from five offices serving Southern California —Palm Desert, Colton, Temecula, Irvine, and Glendora —and also have an office in Tyler, Texas. We currently employ over 50 professionals and are a certified small business. LEADERSHIP IN THE WATER QUALITY FIELD CASC is a leader in the storm water profession. Our staff continues to serve in prominent positions for leading storm water professional organizations: Melanie Sotelo currently serves as a Director for the California Stormwater Quality Association (CASQA), is Co -Chair of the CASQA Construction subcommittee, and is also the Administration Vice - President for the International Erosion Control Association (IECA) Western Chapter. Jeff Endicott served for over 12 years as a Director for CASQA, is a board member and past president of the American Public Works Association Inland Empire Branch, and a past President of the IECA Western Chapter; and Rick Sidor has co-chalred CASQA's Construction and Phase I I subcommittees. Our staff have been directly involved in developing standard -setting guidance for storm water BMPs includingCASQA's Best Management Practices Handbooks, the first edition of Caltrans Storm Water Quality Handbooks, and BASMAA's "Using Site Design Techniques to Meet Development Standards for Stormwater Quality— A Companion Document to Start at the Source." In 2017, CASC led the development of three standard -setting reports for CASQA including "LID Technical Standards Review—Bioretention and Standards Review," "LID Technical Standards Review —Permeable Pavement Details and Standards Review," and "LID Technical Standards Review —Future efforts related to LID." Why is this important to the City oJPolm Springs? It's important because participating in these leadership roles brings the CASC team to the table with regulatorsand permit writers, working to influence permit language while establishing important relationships for liaison support. CITY OF PALM SPRINGS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM Lngmcenag akC.n,_i—p ON -CALL CONSULTING SERVICES; RFP #10-21 LOCAL EXPERTISE �R a. CASC's experience with the Coachella Valley Co-Permittees includes providing stormwater training to municipal staff on the Whitewater River NPDES Permit requirements; providing the City of Palm Springs with full stormwater program management services; training Riverside County's NPDESCoordinator, providing QSD/QSP training to County staff, providing several cities with stormwater inspection support services, including the cities of v" T Palm Springs, Cathedral City, Palm Desert, and La Quinta; preparing Regional Board approved Final Jurisdictional Maps related to the Statewide Trash Amendment requirements; preparing work plans required by regulators; development of the region's LID BMP Design Handbook; participating in the Co-Permittee Desert Task Force; and assisting with MS4 Permit renewal assistance and negotiations. CASCs extensive involvement in the Coachella Valley, combined with our knowledge of NPDES requirements and conducting inspections in the desert environment, will allow CASC to continue to provide the City of Palm Springs with efficient and economical execution of their stormwater program. NPDES PROGRAM MANAGEMENT AND ADMINISTRATION CASC provides both comprehensive MS4 program management and staff augmentation. CASC has provided M54 Program Management services to Palm Springs, Riverside County Transportation Department, and the cities of Industry, Hemet, and Temecula. CASC currently provides or has provided staff augmentation services where CASC staff work from agency offices to manage or assist in implementation of the agency's storm water program. CASC provided staff augmentation services for the Riverside County Transportation Department, the County of San Bernardino, Los Angeles County Department of Public Works, the City of Highland, the City of Industry, the City of Moreno Valley, and the City of Redlands. Our services cover program development, program management, compliance review and assessments, training, annual reports, commercial/industrial inspections, BMP inspections, construction inspections, public information and outreach, and City representation at co-permittee meetings. NPDES INSPECTIONS Since 2003, CASC has been providing food service, hazardous material facility, commercial/industrial, construction, and BMP inspections to cities throughout Southern California to meet the varied requirements of the MS4 NPDES permits in the counties of Riverside, San Diego, Orange, Los Angeles, and San Bernardino. Responsibilities have included tracking and inspecting hundreds of commercial/industrial facilities per agency, troubleshooting grease control devices and other BMP failures, facility prioritization, database research, educational material development and distribution, and GIS/ photomapping of illicit connection/illegal discharge locations. Depending on jurisdictional requirements, non-compliance was followed up with enforcement actions in accordance with the agency's stormwater ordinance, including assisting the city in writing Notices of Non -Compliance and referrals to the Regional Water Quality Control Board as required for compliance with the Industrial General Permit, Construction General Permit, SWMP, and SB20S. NPDES TRAINING CASC has been a training consultant to the Riverside County Municipal Stormwater Management Program continuously since 2004. The Program covers all three NPDES permits in the county: the Whitewater River, Santa Ana River, and Santa Margarita River watersheds. CASC has been responsible for developing course content and tests, conducting the training sessions, and coordinating the delivery of the training program with the District. CASC has also been a consultant to San Bernardino County and its MS4 Permittees, providing training in WQMP review and preparation, and transportation project Low Impact Development. The expertise of the firm in the NPDES arena is underscored by the third party training certifications/approvals held by CASC several staff: the Construction General Permit Trainer -of -Record authorized to provide QSD and QSP training, and the Industrial General Permit Trainer -of -Record authorized to provide QISP training. CITY OF PALM SPRINGS e**G NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM Engotri,Ru�acon ;unR ON CONSULTING SERVICES; RFP #10-21 SUMMARY OF CASC'S NPDES SERVICES MUNICIPAL NPDES PROGRAM DEVELOPMENT AND IMPLEMENTATION Stormwater Quality Management Program Permit implementation and compliance Intra-department/agencycoordination Public Agency Activities Program => Development planning Construction/Commercial/Industrial facility inspection programs Facility prioritization a Public Information and Education Outreach program implementation Co-permittee representation at mandated meetings Plan review GIS/GPS mapping => Water quality training =:> Illicit connection/illegal discharge investigations = Review of SWPPPs and SUSMP submittals => LID/Green Streets NPDES INSPECTION PROGRAMS Construction sites Industrial and Commercial facilities City maintenance facilities Food service establishments => Fats, Oils, and Grease (FOG) = New and Redevelopment sites => Illicit connection/illegal discharge => Post -Construction BMPs => Inlet inspections WATER QUALITY TRAINING a Storm Water Basics for Field Managers => WQMP/SUSMP and Post Construction BMPs => Industrial/Commercial Inspections a Construction Site Inspections =:> SWPPP/WPCPPreparation a BMP Field Demonstration Sampling and Analysis a Dewatering Operations => QSD/QSP training 5 WATER QUALITY MANAGEMENT PLANS = Watershed analysis => Preliminary & final plan development => Complete hydrological calculations =:> Post -construction BMP design a Post -construction BMP field inspection =:� WQMP/SUSMP preparation a Plan review => Development of LID Ordinance => Development of Green Streets Policy = Development of WMP and IMP => Participation in EWMP and CIMP development => Coordination of shared monitoring forlMPs/CIMPs => TMDL Compliance Report preparation Pollutant modeling and load reduction analysis BMP selection for TMDL milestone achievement STORM WATER POLLUTION PREVENTION PLAN (SWPPP) PREPARATION/REVIEW => Construction => Commercial/Industrial :=> Municipal and institutional facilities BEST MANAGEMENT PRACTICES (BMP) => Inspection => Design/PS&E => Evaluation =:> Application STORM WATER SAMPLING AND ANALYSIS �> Construction site => Municipal co Commercial/Industrial a Pilot studies Report preparation TMDLs a ASBS sites SW Characterization CITY OF PALM SPRINGS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM Engm--g and Cor. .ung ON -CALL CONSULTING SERVICES; RFP #10-21 PARTIAL UST OF GOVERNMENT WATER QUALITY CLIENTS • County of Riverside • LA County Department of Public Works • Riverside County Flood Control District • City of Pomona • City of Palm Springs • City of El Monte • City of Cathedral City • City of Industry • City of Rancho Mirage • City of Covina • City of La Quinta • City of Los Angeles • City of Indio • City of Anaheim • Coachella Valley Water District • City of Yorba Linda • City of Riverside . City of Tustin • City of Corona • City of San Dimas • City of Norco • City of Manhattan Beach • City of Moreno Valley • City of Santa Clarita • City of Hemet . City of Pacoima • City of Lake Elsinore • Los Angeles USD • City of Perris • UCLA • City of Murrieta • Burbank -Pasadena -Glendale Airport • City of Temecula . Los Angeles World Airports (LAX/VNY/ONT) • Moreno Valley USD . Metropolitan Water District • Corona Norco USD . County of Orange • Hemet USD . City of Irvine • Riverside USD • City of Costa Mesa • Perris Union SD . Santa Ana USD • County of San Bernardino . Capistrano USD • San Bernardino Co. Public Works • John Wayne International Airport • City of San Bernardino • County of San Diego • City of Hesperia • SANBAG • City of Colton • SANDAG • City of Grand Terrace • City of Sacramento • City of Redlands . City of Elk Grove • City of Highland • City of Davis • City of Upland . City of Modesto • City of Loma Linda . City of Fremont • City of Yucaipa . Elk Grove USD • City of Big Bear . University of California, Berkeley • City of Rialto . Caltrans • City of Fontana . Texas DOT • City of Rancho Cucamonga • Arizona DOT • City of Montclair March ARB • City of Ontario • Ontario International Airport • San Bernardino County Sheriff 6 CITY OF PALM SPRINGS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM Eazrncennx una cor. .uap ON -CALL CONSULTING SERVICES; RFP #10-21 A.4 PROJECT TEAM CASC offers a highly qualified team of professionals designed to assist the City with NPDES program support services. The proposed key team members and support staff listed here are particularly well -suited for this work given their extensive experience in the storm water industry, their familiarity with state and federal regulations, as well as their current work performing similar duties for many local agencies. Based on the Program Manager's and Key Team's careful evaluation of the Scope of Services, the availability of key team members and support staff is sufficient to meet the needs of the City. This section serves asan introduction to CASC's team. Team resumes included herein provide more information on experience and qualifications. KEY TEAM MEMBERS P Melanie Sotelo Joyce Goode Program Manager Assistant Program Manager 20, years' experience 15 years' experience r k`L I ■ l Jeff Endicott Michael Gentile Claudia Steiding Roberto Morales Sr. Engineering Director Technical Specialist Sr. Env Analyst Sr. Engineer/Inspector 35+yeara experience 30 years experience 25 years' experience 13 years experience Melanie Sotelo, M.S.E., CPMSM, CPSWQ, CPESC, QISP, QSD/P, ToR cep. Melanie will serve as the Program Manager by providing overall stormwater program assessment and implementation support services. Melanie brings over 18 years of experience providing NPDES stormwater program management assistance services. She has served as a contract NPDES Program Manager for Riverside County and is currently providing the County with NPDES support, as well as currently serving as the MS4 Program Manager for the City of Palm Springs. As Program Manager she has completed more than 30 individual projects and/or contracts involving NPDES activities with similar phases and elements of work associated with the proposed scope of work. Recent projects include: • City of Palm Springs Stormwater Program Management Services • Riverside County Transportation Department NPDES Coordination and Stormwater Program Support Services • City of Hemet stormwater Program Management Assistance • City of Norco NPDES Program Management Services • City of Hesperia NPDES Program Management Services • City of Pomona NPDES Program Management Services • City of Rancho Mirage NPDES Program Management Services • Southern California Edison NPDES Support Services • Lake Elsinore/Canyon Lake TMDL Task Force Support Services • City of Highland NPDES Support and WQMP Review Services • San Bernardino County Water Quality Management Plan (WQMP) and Transportation BMP Guidance Training • Water Quality Management Plan Review Services for the City of Moreno Valley and the City of Montclair CITY OF PALM SPRINGS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM Engincering .nd Con A . ON -CALL CONSULTING SERVICES; RFP #10-21 Joyce Goode, CPESC, QSD/P. Joyce will serve as the Assistant Program Manager. Her career is focused on NPDES permit compliance and she is an expert in the Industrial General Permit, Construction General Permit, and MS4 Permits. Joyce assists multiple municipalities with their NPDES programs, and she is currently leading teams in the development of GIS- based applications for management of compliance activities to meet the requirements of MS4 Permits. Jeff Endicott, P.E., BCEE, CPESC, QISP, QSD/P, ToR ��P. Jeff has long served in key roles on MS4 NPDES-related stormwater management projects: from Phase I, Part I applications in the early 1990's to Phase I and Phase II stormwater management programs today. His continuous involvement with MS4 NPDES stormwater programs since their beginnings in California has provided him with a comprehensive knowledge, understanding, and perspective that he applies when developing practical solutions for public and private entities. Claudia Steiding, CPSWQ CESSWI, QSD/P. Claudia will serve as a Senior Environmental Analyst. Her many years as NPDES Coordinator of the Riverside County Transportation Department have given her extensive knowledge of California s NPDES Construction, Municipal (MS4), and Industrial permits and the Statewide Trash Amendment. She has also worked extensively with the Colorado River Regional Board, Santa Ana Regional Board, and the San Diego Regional Board. Roberto Morales, CPESC, QSD. Roberto has extensive experience in regulatory inspections for industrial and commercial facilities in cities throughout Riverside County, including several years in Palm Springs. In addition, he is a skilled graduate civil engineer specializing in hydrology, hydraulics, SWPPPs and WQMPs. Michael Gentile, P.E., QSD/P. Michael is the Project Manager for the current WQMP and plan check work with the County of Riverside and conducts plan checks and peer reviews for the Riverside County EDA. He is also the primary author of, and trainer for, the WQMP Training courses for the SAR and WWR watersheds. ORGANIZATION CHART The team is led by Program Manager Melanie Sotelo, who will serve as the primary contact with the City, supported by Assistant Program Manager Joyce Goode. SR. ENGINEERING DIRECTOR JEFF ENDICOTT, P.E.. BCEE, CPESC, QSD/P.TOR SR. ENGINEER/INSPECTOR ROBERTO MORALES. CPESC. QSD/P CRY OF PALM SPRINGS PROGRAM MANAGER MELAN IE SOTELO, CPPASM CPSWQ, CPESC. QISP, OSD/P, TOR ASSISTANT PROGRAM MANAGER JOYCE GOODE. CPESC. QSD/P TECHNICAL ADVISOR MICHAEL GENTILE P.E.. QSD/P SR. ENVIRONMENTAL ANALYST CLAUDIA STEIDING. CPSWQ. QSD/P SUPPORT STAFF STEVE STUMP, P.E. DIANNELAURILA,CPSWQ.QISP,QSD/P JOEROSALES,CPMSfvLCESSWI, OSP SHANNADELGADO,CESSWI, QSP CHRIS SIDOR, P.E.. CESSWI. QSP ARYANA MOORE. CESSWI, QSP CHRIS OGAL P.E., CPESC, QSD/P LOUIS FLORES CESSWI. QISP, QSP DAN SECRIST, CPESC, CESSWI, QSD/P. QISP, TOR AKEMI HIDALGO. CESSWI ED GERLACH. RLA, QSP HANNAEVEREM CESSWI-IT ED SUHER, PG, CESSWI, QSD ROBIN TAPIA CITY OF PALM SPRINGS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM Engtne-ermg and Cor ,lrup ON -CALL CONSULTING SERVICES; RFP #10-21 LIST OF LICENSES AND CERTIFICATIONS The CASC team holds professional registrations and/or credentials that attest to their knowledge, skills, and abilities so that the City can have exceptional confidence in the team. Melanie Sotelo 406 913 5693 00225 00225 00695 ✓ Joyce Goode 8448 25905 25905 Jeff Endicott 40658 04.20040 5414 00004 00004 ✓ Claudia Steiding 982 2860 25162 25162 Roberto Morales 8444 25898 25898 Michael Gentile 58953 01162 01162 Steve Stump 35510 Chris Sidor 90500 5094 27199 4030250 Chris Cigaz 85473 6693 22295 22295 Dan Secnsl 2719 173 00183 00183 00110 ✓ Ed Gerlach 2647 21073 21073 Ed Suher 7290 1074 00466 00466 Joe Rosales 219 1223 00419 Dianne Launla 1099 26080 26080 01019 Shanna Delgado 936 5727 27561 Aryana Moore 5537 27111 C1389533 Louis Flores 4940 26490 00940 Akemi Hildago 5918 Hannah Everett IT-5871 Licenses and CertiRcanons PE- Professional Civil Engineer RLA- Registered landscape Architect PG- Professional Geologst Grr- Geologist in Training SCEE- Board Certified Environmental Engineer CPMSM- Certified Professional in Municipal Stormwater Management CPSWQ -Certified Professional in Storm Water Quality CPESC- Certified Professional in Erosion and Sediment Control CESSWI- Certified Erosion Sediment and Storm Water Inspector QSD -Qualified SW PPP Developer QSP-Qualified SWPPP Practitioner OISP- Qualified Industnal St—ater Practitioner TORcov- Construction General Permit Tminer-oL Record sUAS - FAA Certified Pilot for Small UAS (Drones) A.5 SUB -CONSULTANT FIRMS CASC has sufficient resources and expertise within the firm and does not propose to utilize sub -consultant firms. CITY OF PALM SPRINGS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM �ng_�ee A. —.A Con fling ON -CALL CONSULTING SERVICES; RFP #10-21 MELANIE SOTELO, MSE, CPMSM, CPSWQ i EoucAnON: CPESC, QSD/P, QISP, TORcw • M.S. Engineering- PROGRAM MANAGER Environmental Systems/ University of California Riverside Ms. Sotelo has more than 20 years of professional . B.S. with Honors/ experience including over 12 years in the specialized Environmental Science/ field of NPDES stormwater permit compliance. She University of Phoenix, AZ possesses extensive knowledge of California's NPDES Construction, Municipal (MS4), Industrial permits and the Statewide Trash PROFESSIONAL REGISTRATIONS/ Amendments, and has participated in CASQA's On -Land Visual Assessment i Training where she conducted field assessments during the hands-on !. AFFILIATIONS: CASQA Board of Directors training. She is responsible for providing guidance in selection and (2021-2022); Executive implementation of trash provision compliance activities for several i Program Committee (2014- municipalities in the Santa Ana River and the Whitewater River watersheds ( Present); Co -Chair in Southern California. Ms. Sotelo has worked extensively with the State Construction Subcommittee Water Resources Control Board, the Santa Ana Regional Board, the . International Erosion Control Colorado River Regional Board, and the Los Angeles Regional Board. She has Association, Western Chapter been a course instructor for classes related to the Construction General (2018 - Present) — Director, Permit, Riverside County Santa Ana River and Whitewater River watersheds' Administrative Vice President NPDES MS4 Permits, San Bernardino County's NPDES MS4 Permit, and also . Certified Professional in Storm drafted the City of El Monte's Green Streets Policy and LID Ordinance in Water Quality (CPSWQ) No. compliance with the current Los Angeles NPDES MS4 Permit. 913 RELEVANT EXPERIENCE • Certified Professional in City of Palm Springs Stormwater Program Manager: CASC is currently Erosion and Sediment Control under contract with the City of Palm Springs for NPDES services, with Ms. I (CPESC) No. 5693 Sotelo serving as the City's Storm Water Program Manager. Ms. Sotelo is • Certified Professional in acting as an extension of staff to provide guidance and implement Municipal Stormwater requirements of the Whitewater River Watershed to ensure the City Management (CPMSM) No. remains in compliance with its MS4 Permit and Statewide Trash 406 Amendments. Ms. Sotelo attends Desert Task Force Meetings as a • California Stormwater Quality representative of the City, with the task force preparing for the upcoming Association -Trainer of permit re -issuance. Ms. Sotelo's duties include oversight of construction Record Construction General inspections, commercial/industrial inspections, municipal staff training, Permit policy and ordinance reviews and modifications, WQMP program guidance, • California Stormwater Quality IC/ID notifications and investigations, trash amendment services, and other Association -Qualified SWPPP activities related to general NPDES requirements. Developer and Qualified SWPPP Practitioner (QSD/P) City of Cathedral City and La Quinta: CASC is currently under contract with Certification No. 225 the cities of Cathedral City and La Quinta to provide NPDES inspection • California Stormwater Quality services. Ms. Sotelo serves as the Project Manager for both agencies and is Association -Qualified responsible for oversight and resources related to meeting inspection industrial Stormwater requirements per the WWR MS4 Permit. Ms. Sotelo remains responsible to Practitioner (QISP) verify Inspections are completed in a manner that remains compliant with both MS4 Permit requirements and coronavirus pandemic restrictions. City of Hemet Stormwater Program Assistance: CASC is currently under contract with the City of Hemet to provide Stormwater Program Management assistance services. Ms. Sotelo serves as the Project Manager for commercial/industrial and restaurant facility inspections conducted by CASC and City staff. Ms. Sotelo provides oversight and training to City staff, providing ongoing training of existing staff on the implementation of the Santa Ana River M54 Permit. Ms. Sotelo represents the City at the Santa Ana River Technical Advisory Committee (TAC) meetings, the SAR/SMR BMP Development Subcommittee meetings, and the Lake Elsinore/Canyon Lake TMDL Task Force, Ms. Sotelo also provides oversight and guidance of the City's Statewide Trash Amendment planning and mapping activities. 10 C �ry CITY OF PALM SPRINGS j` j' NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM lingmeennesnd Con �u��e ON -CALL CONSULTING SERVICES; RFP #10-21 MELANIE SOTELO, CONTINUED Riverside County Transportation Department NPDES Coordination and Stormwater Program Support Services: CASC is currently under contract with County Transportation to provide Stormwater Program Management Assistance Services. Ms. Sotelo served as Transportation Department's Interim NPDES Coordinator, provided training to the current NPDES Coordination and continues to provide NPDES support to staff on the implementation of County's three NPDES MS4 Permits. Ms. Sotelo is currently representing the Santa Ana River Watershed on the Public Information and Education Subcommittee, attend Co-Permittee TAC meetings and upcoming Permit negotiations. Ms. Sotelo is also overseeing planning and mapping activities related to the Statewide Trash Amendments. Lake Elsinore/Canyon Lake TMDL Task Force Support Services: CASC is currently participating in the Lake Elsinore TMDL Task on behalf of the City of Hemet. CASC attends meetings, reviews proposed TMDL modifications, and provides comments and input on language, implementation, approach and methodology, and calculator tools. Water Quality Management Plan (WQMP) and Transportation BMP Guidance Training, San Bernardino County: As part of CASC's experienced Water Quality Training Team, Ms. Sotelo was responsible for the development and co -presentation of the County's WQMP training for San Bernardino County agencies and the public. Additionally, Ms. Sotelo was responsible for the development of training for the County's Transportation BMP Guidance document that was presented to agency staff. Training covered feasibility determination for implementation of LID BMPs in both public and private projects, including selection of BMPs based on the hierarchy of LID BMP implementation. Green Streets Policy, Low Impact Development (LID) Ordinance, and Reasonable Assurance Analysis, City of El Monte: Ms. Sotelo served as the team lead for the preparation of the City ofEl Monte's Green Streets Policy and LID Ordinance. Both the Green Streets Policy and the LID ordinance were written to comply with the LA County MS4 NPDES Permit's LID BMP implementation requirements. Language addressed the LID BMP hierarchy including implementation of infiltration and bioretention BMPs before moving on to biofiltration BMPs. Policy and ordinance language also included methodology for determining minimum LID BMP design details and requirements. Ms. Sotelo also assisted the Storm Water Program Manager with calculations and analysis for the City's reasonable assurance analysis for pollutant trends in existing BMPs to determine compliance with target limitations and required mitigation adjustments. Water Quality Management Plan Review Services for the County of Riverside, City of Highland, City of Moreno Valley, City of Montclair and the City of Hemet: CASC is currently under contract with the County of Riverside, City of Highland, City of Moreno Valley, City of Montclair, and the City of Hemet to provide Water Quality Management Plan (WQMP) Review Services and assistance. Ms. Sotelo is responsible for the management, coordination and lead performance of plan check reviews for Preliminary and Final WQMPs submitted to Riverside County, the City of Highland and the City of Moreno Valley. Ms. Sotelo also provides WQMP review assistance to the City of Montclair and to the City of Hemet, as needed. Ms. Sotelo has conducted over a hundred reviews of both Preliminary and Final WQMPs submitted for approval under the guidelines of the California Stormwater Quality Association, the Santa Ana Regional Water Quality Control Board, and the San Diego Regional Water Quality Board. is CITY OF PALM SPRINGS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM lingureermeand Con luau ON -CALL CONSULTING SERVICES; RFP #10-21 JOYCE GOODE, CPESC, QSD/P ASSISTANT PROGRAM MANAGER w Ms. Goode's career as a Project Manager is focused on NPDES permit compliance and she is an expert in the Industrial General Permit, Construction General Permit, and MS4 Permits. Ms. Goode assists multiple municipalities with managing compliant programs. She is currently leading teams in the development of GIS-based applications for management of NPDES compliance activities to meet the requirements of MS4 Permits. EDUCATION: B.S./Environmental Geology / California State University/ San Bernardino, CA PROFESSIONAL REGISTRATIONS/ AFFILIATIONS: • Certified Professional in Erosion and Sediment Control (CPESC) No. 8448 . California Stormwater RELEVANT EXPERIENCE Quality Association - NPDES Inspections, City of Palm Springs: Ms. Goode is the Assistant Project Qualified SWPPP Developer Manager for the NPDES inspection program for the City of Palm Springs. and Qualified SWPPP She organizes and utilizes resources to complete tasks to comply with Practitioner (QSD/P) regulatory requirements for all Riverside County MS4 Whitewater River Certification No. 25905 Region compliance -related inspections: commercial, industrial, municipal, IC/ID and construction. She uses local, state and federal databases to identify sites that meet the criteria for inspections under current permitting requirements. Ms. Goode also provides oversight for all inspection staff and program activities. As part of the inspection program, Ms. Goode has assembled and leads a team in the development of a fully interactive inspection program using GIS software. The interactive program integrates GIS-based applications for the collection/editing of map data and form data for all inspections. She works regularly with City staff to provide inspection updates, recommendations regarding NPDES compliance, and reporting data. Ms. Goode develops innovative training classes for the field and classroom environments to educate City and consulting staff on NPDES-related topics. Commercial/Industrial Inspections, Cathedral City: Ms. Goode Is Assistant Project Manager for the NPDES inspection program for Cathedral City. She attends and leads kick-off meetings and progress meetings as needed via conference calls or web based communication platforms. She assists the City's NPDES coordinator in identifying commercial and industrial businesses within the City's jurisdiction that meet inspection criteria per the MS4 Permit and SWMP. Ms. Goode provides oversight of all inspections and provides updates to the City. She informs the City of potential or immediate threats to water quality. She aides in managing the project budget and prepares monthly progress reports to the City. Commercial/Industrial Inspections, City of La Quinta: Ms. Goode is Assistant Project Manager for the NPDES inspection program for the City of La Quinta. Ms. Goode evaluated facilities within the City's jurisdiction to determine if the facilities met the inspection criteria per the MS4 Permit and SWMP. She updated the City's inspection inventory with new commercial and industrial businesses and provided recommendations for existing facilities. She also works with the City's NPDES Coordinator to determine which facilities are compliant with the current Permit inspection frequency and which facilities need additional inspections. Ms. Goode developed a 3- year inspection schedule for all inventoried facilities and provides oversight of all inspections Commercial/Industrial Inspections, City of Temecula: Ms. Goode is the Project Manager for the Commercial and Industrial facilities inspection program for the City of Temecula. She has developed inspection standards that comply with the Riverside County MS4 Permit Santa Margarita Region, the Santa Margarita Watershed Water Quality Improvement Plan, and the City's Jurisdictional Runoff Management Plan (1RMP). Ms. Goode utilizes City databases and GIS software to construct a 5-year inspection program for over 4,000 facilities. As part of the program, Ms. Goode also analyzes the activities of each facility and its proximity to a 303(d)/TMDL listed waterbody to provide recommendations to the City to assist in identifying High Priority facilities. 12 CITY OF PALM SPRINGS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM Engineering and Con i«ng ON -CALL CONSULTING SERVICES; RFP #10 21 JOYCE GOODE, CONTINUED NPDES Compliance Program, City of Hemet: Ms. Goode is the Assistant Project Manager for the NPDES Compliance Program for the City of Hemet. She has worked closely with the City's NPDES coordinator to develop a compliant commercial and industrial inspection program including a GIS-based interactive inspection program using mobile and web apps that are used by both consulting and City staff. Ms. Goode also attends monthly LE/CL TMDL Task Force meetings and represents the City's interests during TMDL development. She also leads project kick-off meetings and project progress meetings with City staff. She assists in the preparation of the City's Annual Report and she provides on -call assistance with compliance measures related to the MS4 Permit, DAMP, LIP and Trash Provision requirements. Ms. Goode also provides evaluations of existing LIP and Facility Pollution Prevention Plans and updates as needed. She develops training programs and provides training to City and field staff regarding MS4 compliance. Ms. Goode prepares monthly project reports and manages the overall schedule and budget of the project. She ensures that tasks are completed on time and per contract terms. Commercial/Industrial and FOG Inspections, City of Montclair: Ms. Goode is the Project Manager for the NPDES Inspection program for the City of Hemet. She works with the City's NPDES coordinator to identify commercial and industrial businesses within the City's jurisdiction that meet inspection criteria per the San Bernardino County Phase I MS4 Permit Santa Ana Region. Ms. Goode trains and assists staff in using the County's stormwater management software to complete inspections and review compliance history of facilities. She also provides oversight for FOG inspections to ensure compliance with the City's FOG Program. NPDES Training Services, Riverside County FC&WCD: Ms. Goode is a trainer for the County's NPDES training program. Ms. Goode assists with coordinating the delivery of the training program with the District, developing course content, and instructing training sessions. Ms. Goode is currently providing training for the Commercial Industrial program for the Santa Ana River Watershed, Santa Margarita Watershed, and the White Water River watershed. 13 CITY OF PALM SPRINGS C*C NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM Gngmeenng snd cone nsa ON -CALL CONSULTING SERVICES; RFP #10-21 JEFF ENDICOTT, PE, EICEE, CPESC, QISP, f^' QSD/P,TORcnP SENIOR ENGINEERING DIRECTOR Jeff Endicott has extensive environmental and civil engineering experience as a consultant and in the public sector. Mr. Endicott has long served in key roles on NPDES-related stormwater management projects: from Phase I, Part I applications in the early 1990's to Phase II stormwater management programs today. His continuous involvement in the NPDES stormwater program since its beginnings in California has provided him with a comprehensive knowledge, understanding, and perspective that he applies when developing practical solutions for public and private entities. RELEVANT EXPERIENCE NPDES Program Compliance: Jeff Endicott has managed a number of permit compliance projects for agencies and private entities required to comply with NPDES Permits. Services have included conducting NPDES compliance Inspections, document reviews, presentations to elected officials, monitoring, permit negotiations, training, and permit analysis. Representative MS4s assisted by Jeff include: Cities Areawide Programs Other MS4s Temecula Riverside County Caltrans Hemet San Bernardino County Elk Grove USD Highland, Redlands Ventura County Corona -Norco USD Montclair, Hesperia Santa Clara County Los Angeles USD Planning and Development: Mr. Endicott is widely recognized as an expert on water quality management planning for new development and redevelopment, and has taught courses on the subject attended by thousands of municipal staff, consultants, and other interested parties. He has been an invited guest speaker for seminars sponsored by the Building Industry Association, Association of Environmental Planners, American Society of Civil Engineers, Regional Water Quality Control Boards, Santa Clara Valley Urban Runoff and Pollution Prevent Program, and Lorman Educational Services. Jeff has delivered technical presentations related to water quality and new development at California Stormwater Quality Association Conferences in 2005-2008, 2011-2012, and 2016-2017, and at StormCon in 2007 and 2009. Commercial/Industrial Inspections for Agencies: When confronted with a growing backlog of commercial/industrial inspections required under their respective MS4 NPDES Permits, the cities of La Quinta, Palm Springs, Cathedral City, Temecula, Hemet, Ontario, Montclair, Rialto, and Colton turned to CASC for assistance in getting their inspections back on track. Mr. Endicott managed teams of inspectors assigned to each city to conduct inspections. He set in place the framework under which the inspections were to be conducted, made sure inspectors were trained on MS4 Permit - specific requirements, and conducted quality control. Inspections were completed on time and within budget. A noteworthy success was in Ontario where the first inspection campaign completed 500 high priority inspections in just two months. 14 EDUCATION: BS, Environmental Resources Engineering, Humboldt State University, California PROFESSIONAL REGISTRATIONS: • Professional Civil Engineer • California, #040658 • Nevada,#013503 • North Dakota, PE-8749 • Board Certified Environmental Engineer #04- 20040 • Certified Professional in Erosion and Sediment Control (CPESC) #5414 • Qualified SWPPP Developer (QSD)#00004 • California Stormwater Quality Association Approved Construction General Permit Trainer -of - Record PROFESSIONAL AFFILIATIONS: California Stormwater Quality Association • Director:2003-2009, 2012-2017 • Executive Program Coordinator 2004, 2005 • Secretary of the Corporation 2003, 2007 International Erosion Control Association - Western Chapter • Director:2014-2019; President 201E-2019. • American Public Works Association - Inland Empire Branch • Director:2014-2016 • President:2019 American Society of Civil Engineers - San Bernardino and Riverside Counties Branch • President:1993-1994 Inland Empire Council of Engineers and Scientists • President: 1995 - 1996 �y CITY OF PALM SPRINGS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM L:ngmeermgsnd i_-,Ittng ON -CALL CONSULTING SERVICES; RFP #10-21 inMICHAEL GENTILE, P.E., QSD/P n TECHNICAL ADVISOR EDUCATION: B.A ./ Physics / Carleton College / Northfield, MN Mr. Gentile has nearly 30 years of experience in i project management, project engineering, design, PROFESSIONAL REGISTRATIONS/ and production for a wide variety of civil AFFILIATIONS: engineering projects. Mr. Gentile has developed a • Professional Civil Engineer deep understanding of stormwater permit Cal ifornia/#058953 requirements and regulations and has used this knowledge to benefit • Qualified 5WPPP Developer public sector clients by helping them achieve and maintain compliance and Qualified SWPPP with stormwater requirements. He manages a highly skilled team of Practitioner (QSD/P) #01162 reviewers that plan check WQMP and civil improvement plans for I Riverside County, City of Moreno Valley, City of Temecula, and others. Mr. Gentile currently provides expert peer review services for various public sector clients and provides WQMP training to Riverside County. RELEVANT EXPERIENCE Water Quality Management Plan (WQMP) and Hydrology Study Plan Checking, Riverside County: Mr. Gentile manages CASC's plan check team, which provides WQMP and hydraulic/hydrology review services for the Riverside County Transportation Department. The review program in Riverside County requires knowledge of stormwater permit requirements in three watersheds: Whitewater River (Colorado River Basin Region 7), Santa Ana River (Santa Ana Region 8), and Santa Margarita River (San Diego Region 9). The plan check team provides collaboration with WQMP applicants, preparers, and county staff to assist in assessing the feasibility, design, and implementation of the LID BMPs to meet permit requirements. WQMP reviews include review of construction drawings (grading, drainage, street plans utilities, and landscaping) to verify that they are in agreement with the approach and design documented within the WQMP. Since stormwater retention requirements are part of development requirements in the Coachella Valley, the team also reviews hydrology studies for compliance with the Riverside County Flood Control and Water Conservation District Hydrology Manual. Desert Hot Springs Library Peer Review Services, Riverside County: Mr. Gentile was project manager for peer review services to Riverside County for the Desert Hot Springs Library project. Services included review of the Water Quality Management Plan (WQMP) for compliance with the stormwater permit in the Whitewater River Watershed, and an assessment of long-term operations and maintenance costs to Riverside County. Mr. Gentile collaborated with County staff and the engineering team to guide the project toward compliance with the permit and stormwater retention requirements in the region. The main design issue was the size and location of the proposed infiltration basin to meet retention requirements and county basin design guidelines. Mr. Gentile worked with the project team through formal review comments and informal exchanges as the design was being refined to keep the number of reviews to a minimum and meet a tight approval schedule. Statewide Trash Provisions Compliance Services for the City of La Quinta: Mr. Gentile was project manager for preparing the jurisdictional map and method to comply with statewide trash provisions per Water Code Section 13383. On June 1, 2017, The Colorado Regional Board issued a letter to the City of La Quinta that required it to submit its method to comply with the statewide trash provisions. The City of La Quinta proceeded under Track 1. Mr. Gentile managed the development of the final jurisdictional map in collaboration with the CASC team and city staff. The city opted to have CASC perform trash assessments and develop justifications for equivalent alternative land uses as part of its final jurisdictional map development. These efforts were managed by Mr. Gentile along with a follow-up technical memorandum explaining the equivalent alternative land use methodology and justification at the City's request. Water Quality Management Plan (WQMP) Training, Riverside County: Mr. Gentile has conducted half -day and two-hour training sessions for Water Quality Management Plans in the Whitewater River Watershed in compliance with the current stormwater permit. The training included sections on Whitewater River watershed characteristics, regulatory framework, WQMP concepts, low impact development, two BMP design examples: infiltration basin and infiltration trench, and BMP operations and maintenance. 15 CITY OF PALM SPRINGS C.� NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM Engineering and Con. It in, ON -CALL CONSULTING SERVICES; RFP #10-21 -6 ROBERTO MORALES, CPESC, QSD/P EDUCATION: SR. ENGINEER/LEAD INSPECTOR (BILINGUAL) BS/Civil Engineering/California State Polytechnic University, Mr. Morales has 13 years of professional experience, Pomona focusing on water quality and civil engineering design. He has extensive experience in regulatory inspections for industrial and commercial facilities in cities throughout Riverside County. He also serves as a Storm Water Pollution Prevention Plan (SWPPP), and Water Quality Management Plan (WQMP) reviewer for projects in cities throughout Riverside County. He has produced calculations and reports for hydrology, hydraulics, and fire flow water modeling, and has experience in developing hydrology studies, drainage reports and SWPPPs for commercial and residential developments, high schools, and airport projects. RELEVANT EXPERIENCE NPDES Inspections, City of Palm Springs: Mr. Morales has conducted numerous stormwater inspections at commercial and industrial facilities, and restaurants. Inspections include evaluating existing activities and discharge points, identifying potential pollutant sources, analyzing surface drainage, monitoring conditions of natural conveyances, and providing education to businesses for preventive measures and pollution control. PROFESSIONAL REGISTRATIONS/ AFFILIATIONS: . Certified Professional in Erosion and Sediment Control (CPESC) No.8444 . California Stormwater Quality Association - Qualified SWPPP Developer and Qualified SWPPP Practitioner(QSD/P) Certification No. 25898 . Chi Epsilon, National Civil Engineering Honor Society, Cal Poly Pomona Chapter . World Water Corps. (Water for People) NPDES Inspections, City of Temecula: Mr. Morales has conducted numerous stormwater inspections at commercial and industrial facilities, and restaurants in the City of Temecula. Inspections include evaluating existing activities and discharge points, identifying potential pollutant sources, analyzing surface drainage, monitoring conditions of natural conveyances, and providing education to businesses for preventive measures and pollution control. Inspections are completed using digital software which requires Mr. Morales to coordinate with the City's database for download of data. Water Quality Management Plan Review, County of Riverside, Riverside County Transportation, City of Wildomar, City of Temecula, City of Hemet, Moreno Valley: Mr. Morales currently serves as a plan reviewer for CASC as part of the WQMP plan check team. Experience includes commercial and residential projects, gasoline and warehouse facilities. Review services include coordination and cooperation with WQMP applicants and preparers by providing guidance in the implementation, feasibility and design of the LID BMPs to aid agencies in moving projects forward. Residential Construction NPDES Compliance Inspections: Mr. Morales is responsible for conducting third party compliance inspections to assist a prominent homebuilder in evaluating its NPDES construction site implementation program at project sites in the cities of Moreno Valley and Temecula. Each inspection includes meeting with the site's Construction Manager, reviewing SWPPP documentation, reviewing the QSP's weekly site inspections, and walking the construction site to observe the implementation and maintenance of BMPs. Following each inspection, a written report of findings is prepared with a detailed analysis of the site's compliance with the Construction General Permit and a list of corrective actions to be implemented. Mr. Morales then meets the construction site manager to discuss the compliance inspection report. California Department of Transportation—ASBS Monitoring Program, Los Angeles County: Water sampling and monitoring for Caltrans Areas of Special Biological Significance (ASBS) Special Protections Monitoring conducted from Laguna Point to Latigo Point, during the wet season. Mr. Morales has conducted pre -event and post -event sampling according to procedures identified in the Sampling and Analysis Plan. Mr. Morales has conducted storm event monitoring, has collected grab samples, completed required field documentation (chain of custody), and prepared samples for delivery to the laboratory. 16 CITY OF PALM SPRINGS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON -CALL CONSULTING SERVICES; RFP #10-21 lingineennc and Con itim_ t CLAUDIA STEIDING, MBA, CPSWCI, CESSWI, EDUCATION: QSD/QSP • M.B.A./University of Phoenix, " SR. ENVIRONMENTAL ANALYST AZ B.A./California State Ms. Steiding has over 24 years of experience in R federal and state environmental regulatory University, San Bernardino, CA j compliance and land use planning. She is proficient in PROFESSIONAL REGISTRATIONS environmental program management, with emphasis on Riverside County's three Municipal Separate Storm Sewer System (MS4) AFFILIATIONS: Permits, and the state's NPDES Industrial General Permit and Construction • Certified Professional in General Permit. She has extensive knowledge of the Clean Water Act (CWA), Storm Water Quality National Pollutant Discharge Elimination System (NPDES), California (CPSWQ) No.982 Environmental Quality Act (CEQA), National Environmental Policy Act • Certified Erosion, Sediment (NEPA), Western Riverside Multiple Species Habitat Conservation Plan and and Storm Water Inspector Coachella Valley Multiple Species Habitat Conservation Plan. (CESSWI) No. 2860 • Qualified Storm Water RELEVANT EXPERIENCE Pollution Prevention Plan Stormwater Program Management Support Services, City of Hesperia: Ms. Developer and Practitioner Steiding is currently providing stormwater program support services to the (QSD/QSP) No. 25162 City of Hesperia. Ms. Steiding reviewed the City's program and assessed the • University of California potential compliance areas with the NPDES Phase II MS4 Permit and state Riverside, Project Construction General Permit; provides feasible solutions for the City to Management Certificate address these compliance areas and issues, and prepared and/or updated Program NPDES compliance documents. Ms. Steiding provides the City with permit a interpretation and recommendations upon request. Stormwater Program Management Support Services, City of Norco: Ms. Steiding is currently providing stormwater program support services to the City of Norco. Ms. Steiding reviewed the City's program, notated potential compliance areas, and provided a schedule and plan for the City to address these compliance areas and issues. Support services include updates to the LIP, Municipal FPPP updates and inspections, and oversight of commercial -industrial and IC -ID inspections and reports. County of Riverside Transportation Department NPDES Coordinator: Ms. Steiding served as NPDES Coordinator/ Senior Transportation Planner where she administered the County of Riverside Transportation and Land Management Agency (TLMA) NPDES Program and related programs. She served as the County of Riverside liaison to the countywide NPDES Program as directed by the Executive Office, providing Program Management in developing and implementing the provisions contained in the NPDES Permits applicable to the County's services, facilities, operations and programs. Ms. Steiding managed budgets provided by the Executive Office for County NPDES Administration services; created public education and outreach materials for NPDES compliance, storm water quality, and pollution prevention messaging to County staff; prepared and submitted annual reports; coordinated and delivered department staff training; prepared RFPs and RFQs; and participated in consultant selection and proposal evaluation for Environmental Consulting Services Agreements. Riverside County Facilities Management and Economic Development Agency (EDA): Ms. Steiding served as Environmental Compliance Unit Supervisor/ Senior Environmental Planner. She established and supervised EDA's Environmental Compliance Unit; planned, organized, directed, reviewed, and evaluated professional and consultant staff; recruited, supervised, trained, and prepared performance evaluations of subordinate staff within the Environmental Compliance Unit; represented the Agency during MSHCP, AQMD, and NPDES audits and mitigated regulatory citations; provided oversight of environmental processes for all EDA projects; and developed and implemented environmental compliance policies. She also ensured each County facility maintained current Business Emergency Plans (BFPs); Facility Pollution Prevention Plans (FPPPs); Spill Prevention, Control and Countermeasure Plans (SPCC Plans); and Water Quality Management Plans (WQMPs), as applicable. 17 CITY OF PALM SPRINGS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM �n�meermg and Con duaE ON -CALL CONSULTING SERVICES RFP #10-21 SECTION B. UNDERSTANDING NPDES PROGRAM CONSULTING SERVICES 8.1 APPROACH E1.1.0 GENERAL APPROACH CASC has proudly and successfully served the City for the past 5 years. CASC's ability to quickly respond and adapt to a variety of NPDES-related services requested by the City is attributed to its technically seasoned and dedicated staff who place the City's needs as priority. CASC has reviewed and acknowledges the Scope of Work listed in the RFP and provides the following generalized summary approach. Project Management: With over 20 years of professional experience, Melanie Sotelo will continue to serve as the Consultant NPDES Program Manager for the City. She has proven herself to be an expert in NPDES permits and a dedicated Program Manager for the City and will continue to be the main point of contactfor City staff. To provide certainty for immediate response to City requests, CASC will continue to implement a parallel style of program management to serve the City. • Parallel Program Management: CASC proposes the continuation of Parallel CASC will continue to serve Program Management. This provides continual internal contact that occurs between the Program Manager and Assistant Program Manager, Joyce Goode. the City as a "one -stop shop" Working as a team, they are always available to meet the needs of the City via for NPDES compliance. text, phone call, video conference or email, allowing for immediate response for service requests or questions/concerns. This type of Program Management will allow CASC to continue to serve the City as a "one -stop shop' for NPDES compliance. Our full -service water quality team is available to support the Program Manager and Assistant Program Manager to continue to meet the needs of the City. 6.1.1 NPDES PROGRAM ADMINISTRATION AND REPRESENTATION CASC will continue to provide Program Administration and City Representation services for the City. Proposed services will be covered by utilizing the team members that are strong in each area indicated in the Scope of Work, Section I. As Section I covers many tasks with varying approaches, a generalized discussion is summarized below: Meeting Representation: CASC's Program Managers currently, and will continue to, represent the City at all regulatory, task force, watershed or status meetings. All representation has and will continue to be conducted in a professional manner and will keep the City's interests at the forefront. CASC has established positive relationships with the Principal Permittees, Co-Permittees, and Regional Board as representatives of the City. CASC's involvement in professional stormwater management organizations, like the California Stormwater Quality Association (CASQA), gives CASC insight into new policies that could potentially impact Permittees in the Whitewater region. As representatives of the City, CASC has introduced and spearheaded several of the conversations regarding these new policies within regulatory and task force meetings. By doing so, others view the City as leading the way in regulatory compliance. As requested by the City, meeting representation will also include City Capital Improvement Status meetings, various committee and commission meetings, and CityY Council meetings. City Coordination and Reports, Technical Studies, etc.: CASC's team will . continue to meet regularly with the Public Works and Engineering Department to provide updates on NPDES regulations, MS4 Permit renewal status, or private and City development project status, Ston—ter Inspection Fee enforcement actions and other NPDES compliance -related items. rv,, ea re ,mnemv xam.em msaeax case Additionally, work on required reports, such as fee studies, or ordinance r to reviews and updates, SWMP updates, inspections and other NPDES compliance items will be coordinated with City staff as work progresses, providing the City with a continual status of assigned projects. 18 e* i ry CITY OF PALM SPRINGS j`y'd NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM 15ngin"rmg and Con lung ON -CALL CONSULTING SERVICES; RFP #10-21 Permit Compliance and Policy: CASC's experienced team stays ahead of the curve during Permit compliance negotiations and state polices. CASC will provide the City these services as required or requested. CASC will continue to work on the following negotiations and policies: • Proposed A8377: This is a new bill that does not offer realistic solutions to improve or protect water quality. It will impose reductions of schedules to meet compliance requirements while imposing increased penalties and enforcement. This bill will have negative impacts on the City and has unfortunately moved to the state Appropriations Committee. CASC will continue to work with CA50A and the Permittees to fight this bill. • NPDES Permit Renewals. CASC will continue to represent the City in M54 Permit negotiations. Because of CASC's status with CASCIA, CASC also has insight into the upcoming draft and is working with permit writers to influence language planned in the upcoming draft of the Construction General Permit (CGP). Preliminary Draft language has the potential to increase monitoring on both private and public construction projects. • Trash Amendment: CASC has kept the City in compliance with this amendment with the completion of the deliverables by the deadline dates in the amendment. CASC will continue to make sure that the City remains on task with deadlines and installations. CASC is currently working with several agencies in planning and implementing Track 1 requirements per the Trash Amendments for potential reductions in device installations. CASC has also worked with four separate municipalities to get several full capture devices installed at no cost, allowing the agencies to monitor impacts such as increased maintenance schedules, durability, and impacts to flow of runoff. CASC will continue to look for cost saving opportunities. • SB205: CASC assisted the City's Business License Department to develop an implementation plan to comply with this bill. CASC will continue to provide support to the Business License Department to ensure facilities are reported to the Board. Annual Reporting: CASC has extensive experience in MS4 Permit Annual Report preparation and understands that providing the City time for review and comment on the internal draft of the report is essential. CASC will continue to provide suggested input and/or edits of proposed material to be submitted to the Regional Board. Further, CASC will work with City staff to obtain information required for reporting. CASC will then prepare the Annual Report with two (2) internal draft review periods consisting of two (2) weeks, to allow sufficient review time. Inspection Fee Program: CASC has assisted the City in the development of a fee study for implementation of the fee program for NPDES inspections. CASC can assist the City with verifications, both by desktop and during inspections, to properly prioritize businesses and update and maintain the City's master list. CASC has established efficient coordination with the City's Business License Department. Regulatory Audits: CASC has extensive experience assisting other agencies with regulatory audits. CASC will draw on this experience to assist the City as needed with Permit -compliance audits. CASC has years of positive experience working with the Colorado River Regional Board staff, understand ingthat Regional Board audits typically focus on particular elements of the MS4 Permit stormwater programs, and will provide the following support: • Work with City staff to obtain information and data required for the audit; • Preparation or completion of any pre -inspection questionnaires and/or forms; • Assistance during the audit process; and • Assistance with response to audit findings and gathering support information. Preparation of Grant Documents: CASC will continue to monitor for grant opportunities for the City. We have an extensive experience in researching, preparing and submitting applications for grant programs using online application web -based modules and databases, such as OPTI. CASC has assisted, and is currently assisting, agencies with funding projections for the projects as requested by each program and CASC has developed project specific submittals and documents for uploading on behalf of the agencies that were represented. 19 CITY OF PALM SPRINGS e**G NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM P:npmeenng and Con iltmg ON -CALL CONSULTING SERVICES; RFP #10-21 B.1.2 INSPECTION PROGRAM GENERAL PROCESS CASC's inspectors currently provide inspection services for over 440 commercial, industrial, and restaurant facilities as well as inspection services for IC/ID investigations, construction inspections, and municipal facility inspections. CASC hasa positive record of working with the business community to verify that facilities comply with permit requirements. CASCs inspectors are experts in compliance requirements of the MS4 Permit, the Construction General Permit and the Industrial General Permit. CASC inspectors will utilize the GIS database developed by CASC to implement mobile applications to complete inspections on mobile devices such as phones or tablets. Use of these applications provides data collection in real time and provides an efficient workflow between the Program Manager and inspectors. Services proposed include all five program areas as listed in the Scope of Services. CASCs proposed stormwater inspection general process is detailed below. Inspection Program Administration: The approach taken in conducting NPDES-related inspections (commercial, industrial, restaurant, construction, and post -construction) is generally the same, with subtle differences. Therefore, CASC will continue the following general inspection approach that has been fine tuned for conducting stormwater-related inspections. • Established Inspection Schedule. Based on CASC's experience in the City and with MS4 Permit requirements for inspections (e.g., twice a permit term or once per permit term), CASC has established an inspection inventory database utilizing GIS and has developed an inspection schedule and frequency for all sites requiring inspection. Development and maintenance of the inspection schedule includes the following for consideration: Identify Inspection Development Type: CASC will review the type of inspection, the inspection schedule/ frequency, and the scope of required NPDES-related inspections. Identify geographically similar sites to increase the number of inspections performed daily, thereby reducing overall inspection completion timelines. Consider peak business hours: Inspections will be scheduled to avoid peak business hours. a Language barriers: For business operators and construction sites where language barriers have the potential to cause a gap in communication regarding compliance, CASC has several bi-lingual inspectors to complete the inspections. CASC will also provide, as available, translated educational materials and pamphlets. CASC can also assist in the development of translated materials for the City per the City's adopted policy requiring dual - language translation of documents and information distributed regarding educational brochures and outreach materials. Team Assignments: The Program/Asst Program Manager will assign and schedule inspections to appropriately credentialed staff (e.g., P.E., EIT, QSD, QSP, QISP, CPSWQ) depending on the scope of inspection service required. The assigned inspectors will dress professionally and conduct themselves in a manner appropriate for conducting activities as representatives of the City. • Inspection Preparation. Assigned inspectors will utilize GIS and mobile apps to O A,,GiS S—ey123 — ❑ x review the existing information depending on inspection type such as the project's plan information, previous inspection reports, SMARTS database, compliance history, and project notes. • Perform Inspections: Inspectors will use the ArcGIS Collector mobile app to locate l Corouvnrn s'ix Palm Spray, facilities/projectsthat need to be inspected during the reporting year. The �,�,�. uroesw. inspector will arrive and walk the facility to observe facility layout, BMP installation, interceptors, and/or facility activities, existing and potential compliance issues, and discharges, if any. The inspector will provide verbal and educational pamphlets during the inspections. If the inspector observes any non- compliance issues, the inspector will discuss the issues with the site representative 20 CITY OF PALM SPRINGS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM L',ngmee ng and Con dhng ON -CALL CONSULTING SERVICES; RFP #10-21 and provide recommendations for compliance. The inspector will use ArcGIS Collector to schedule the next inspection date }rPill depending on the result of the inspection. W''zSX-1 • Documentation: The inspector will complete the inspection form using ArcGIS Survey123. The inspection form will note observations, compliance issues, and provide recommendations to the facility on how to achieve compliance with Permit requirements. Inspection reports wilt be generated with photographs of the inspections and emailed or mailed to the facility owners/operators for their records. • Reinspection/Follow-up: Inspectors will provide required reinspection and follow-up to verify items of non- compliance have been addressed. In CASC's experience, approximately 20%of sites will require reinspection or follow -up services. All follow-up inspection activities will follow documentation and database requirements. • Notices of Non -Compliance and Citations: Facilities found to be in non-compliance will be discussed with City staff and enforcement actions beyond the issuance of a Notice of Non -Compliance will be at the discretion of the City. The inspector will obtain photos of instances of non-compliance. CASC will notify the City of the Notice of Non - Compliance, if applicable. If immediate threats to the health and safety of the public and/or the environment are observed, including illicit connections, or illegal discharges, the City will be contacted immediately. • Notifications and Reporting: Since inspections are done in real time, inspectors are able to notify the Program Manager via text or phone call as needed and the Project Manger is able to review findings and report areas of concerns to the City without delay. CASC will continue this approach to guarantee that notifications and reporting are enforced. • As Required, perform Modified Inspections to Comply with pandemic Restrictions: The Regional Board has not relaxed regulatory requirements during the COVID-19 pandemic. This posed several challenges to the City on how to comply with Permit inspection requirements. During the current contract with the City, CASC developed modified inspection procedures that complied with the Governor's Executive Order N-33-20 and/or other pandemic restrictions. CASC assisted the City in the development of the following modified inspection protocols to keep the City in compliance with Permit provisions: Safe -Distance Inspections: Inspectors will conduct all inspections while maintaining a 6-foot clearance from others. Additionally, inspectors will wear face coverings whenever they are outside of their vehicles. => Accessibk Facility Inspections: For facilities where inspectors can freely access all outdoor areas, contactless inspections wilt be conducted via a drive -by of the business property with no planned contact with the business owner. However, if there is an observation of potential concern, and the inspector can maintain the safe distance, the inspector may exit their vehicle for closer examination. If an item of concern is confirmed during the inspection, the inspector will notify the City to directly contact the operator or owner of the facility. Inaccessible Inspections: For Industrial facilities and facilities where inspectors cannot freely access all outdoor areas, CASC or the City will contact the owner to schedule an inspection appointment and to set an outdoor meeting location. CASC will continue to implement these protocols as required. ADDITIONAL PROCESS FOR COMMERCIAL/INDUSTRIAL INSPECTIONS CASC will conduct the inspections to assist the City with fulfilling requirements of the Permit and SWMP. CASC will provide stormwater inspections of other facilities that pose a threat to stormwater in addition to commercial/industrial facilities as required. Commercial/industrial inspections will also include the following steps: 21 CITY OF PALM SPRINGS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM I:neineering and Con �ltrng ON -CALL CONSULTING SERVICES; RFP #10-21 • The inspector will field verify if the businesses are still operating. If businesses are no longer in operation, the inspector will update the inventory database to reflect an inspectable business is no longer at the location, or will update the database with a new facility. • Industrial facilities subject to coverage under the Industrial General Permit (IGP) will be identified and the inspector will verify the facility operator has a current Waste Discharge Identification Number (WDID) or a current No Exposure Certification (NEC). If the industrial facility has not obtained IGP coverage, the inspector will notify the owner or owner's representative and provide information on obtaining coverage. ADDITIONAL PROCESS FOR RESTAURANT INSPECTIONS Most restaurant facilities have interceptors to separate fats, oils, and grease prior to entering the Citys sewer system. If these interceptors are not maintained properly, sanitary sewer overflows (SSOs) can occur which can potentially impact the City's MS4. In an effort to prevent SSO's, CASC directly coordinates with Veolia if a potential concern is observed during an inspection. If a restaurant is unable to provide maintenance records of the interceptor at the time of the inspection, a CASC inspector trained in conducting FOG inspections will open the manholes to the interceptors and report any findings directly to the liaison at Veolia. This has been found to be beneficial to the City in preventing hazardous discharges to the MS4. ADDITIONAL PROCESS FOR WQMP POST -CONSTRUCTION BMP AND CONSTRUCTION CITY STORMWATER ORDINANCE COMPLIANCE INSPECTIONS CASC understands that post -construction BMP inspections are not currently a requirement of the City's MS4 Permit. As desired by the City, CASC can provide WQMP/BMP and construction inspection services to the City. • CASC will conduct field inspections of post -construction Best Management Practices (BMP) installation, maintenance and operation. When feasible, CASC will combine post -construction BMP inspections with commercial, restaurant, or industrial inspections in an effort to realize budgetary efficiencies. • CASC will conduct construction inspections for projects 1 acre or greater per the schedule identified in the SWMP. CASC will provide inspections and reporting services to verify compliance with the CGP is met. OTHER INSPECTION SERVICES CASC is able to provide additional NPDES inspection services as required. Currently, CASC is providing on -call inspection services for IC/ID investigations. In order to be responsive to these types of on -call investigations, CASC has implemented a remote working environment for its team. As soon as an IC/ID investigation is triggered by the City via phone call, email or text, inspectors are able to arrive at the site within hours. B.1.3 TRAINING CASC has been conducting annual workshops to train City staff and contract staff responsible for NPDES requirement implementation. CASC recognizes that these annual training sessions can be repetitive to most staff. CASC has worked diligently to provide informative and interactive trainings that are focused to specifically meet the needs of the audience to promote compliance with stormwater requirements. CASC has provided training in a number of formats includingone-on-one mentoring, classroom, tailgate or virtual sessions. In addition to these types of training, CASC develops bulletins and training sheets for City staff. CASC has and will continue to maintain all training records, update City training databases, and verify that staff is up to date on current regulations. Additionally, with CGP and IGP Trainers aJRecord on CASC's team, optional training opportunities are also available to the City, such as QSD or QISP trainings. B.2 BUDGET Because CASC has been providing NPDES consulting services to the City, our familiarity with program requirements has enabled us to tailor project elements to meet, and surpass, the City's budget goals. Over the past year, the City faced 22 CITY OF PALM SPRINGS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM Lugmeenng and Con iltwg ON -CALL CONSULTING SERVICES; RFP #10-21 devastating economic impacts due to the COVID-19 pandemic. Using the knowledge of the City's program requirements coupled with the MS4 permit compliance requirements, CASC analyzed the workplan to look for budgetary savings while still maintaining compliance. By doing this, CASC was able to reduce the annual budget by almost half. This allowed the City to allocate this savings to other programs that suffered impacts from the pandemic. CASC will continue to work closely with the City on budgetary constraints and will continue to provide the City with a clear view into the costs as they accrue. Additionally, CASC will continue to provide monthly invoices that track the cumulative billings, allowing the City to see the successful completion of each phase as well as the overall project completion. 8.3 PROJECT MANAGEMENT TOOLS CASC will use the following project management techniques to successfully complete the project on schedule and to keep City staff aware of project status: Parallel Program Management: As discussed in Section B.1, good project /program management and a qualified team is the basis for successful project completion. CASC will continue this approach to make certain the City's needs are addressed and to provide immediate service as required. Schedule: CASC has implemented a schedule to verify the completion of compliance tasks. The schedule keeps the team focused on project progress, budgets and scheduled deliverables. CASC will continue to follow the current schedule and will monitor and adjust as required. Resource Allocation: Technical and support staff time will be committed to the project. An important element of scheduling resources is to verify that constraints and availability are adequately factored in. Staff are then committed at a realistic level of availability. Regular Meetings: Regular meetings with the City and internal staff establishes project expectations and lines of communication. Weekly Timesheet Review: Every week timesheet details are reviewed and project progress is noted or adjusted. Quality Review: The schedule establishes deadlines for CA/CIC review of all deliverables and inspection reports. Internal review deadlines present additional incentive for CASC staff to work productively and efficiently, as well as make staff accountable to each other, management, and mostof all the City of Palm Springs. Monthly Invoicing: As noted in Section B.2, monthly invoices will also be used as a tool to communicate status. Progress Reports: CASC will prepare monthly progress reports to communicate project status to the City. B.4 REPRESENTATIVE PROJECT CITY OF PALM SPRINGS CASC's project team, under the direction of Program Manager Melanie Sotelo, currently provides NPDES compliance and M54 Permit program management services to the City of Palm Springs. CASC is under contract to provide a wide range of NPDES consulting services to the City; below is a description of CASCs skills and abilities that contributed to the successful completion of City stormwater program requirements and special project requests: > Responsiveness and Attentiveness to Client Needs: CASC has been providing the City with a parallel management team (Program Manager/Assistant Program Manager), to provide the support and time required by the City and oversee the execution of all deliverables and schedules. Melanie Sotelo, as Program Manager, focuses on overall project administration, staffing, regulatory guidance, City representation at meetings, and training. Joyce Goode, as Assistant Program Manager, provides expertise in managing required inspections, prompt IC/ID response, and all other onsite support. 23 CITY OF PALM SPRINGS e*exc NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM Itingmeenng and Con iIImg ON -CALL CONSULTING SERVICES; RFP #10-21 Creative Ability. NPDES inspection platforms are costly. In order to modernize and increase workflow, CASC developed an NPDES inspection database for the City usinga GIS database and GIS-based mobile applications. The database and applications allow for organizing scheduling and collection of data in real time. Since the City has an existing GIS license, there are no additional purchase fees that are required. CASC was also able to integrate a simple way to update the inspection schedule using ArcGIS Collector, as well as integrate the City's drainage features by using the City's existing geodata base files. Integration of these drainage features is unique and valuable to the City. With this type of information at the inspector's finger tips, inspectors are able to accurately identify discharges to drainage structuresand provide accurate information when coordinating with other City departments and Veolia. Knowledge and Understanding of latest Industry Issues and Trends. CASC utilizes its team's participation in the meetings and professional organizations listed below to provide the City with well prepared and appropriate updates on MS4 Permit renewal status, significant developments with other watershed -based permits that could influence future permit provisions for the Whitewater region, status of the state -mandated Trash Amendment implementation schedule, and potential provision additions to the upcoming Construction General Permit and Industrial General Permit renewals that could affect CIP projects and City industrial facilities: • Participating in Permit negotiations meetings • Participating in DTF Meetings • Holding positions on the Board of Directors and Executive Program Committee for CASCIA • Team members that are CASQA approved Trainers -of -Record for the CGP and/or IGP • Providing NPDES stormwater training for agencies in multiple watersheds �> Analytical Capability. For the City of Palm Springs, CASC has assigned a multi -disciplinary team to address each specific project phase. The Project team holds professional registrations and/or credentials that attest to their analytical skills, knowledge and abilities so that the City can have exceptional confidence in the team. CASC's technical staff have the ability to identify, analyze and develop solutions to tackle challenges regarding storm water regulatory compliance. During the current contract with the City, in addition to individual skill sets, the team utilizes technology to aid in analytical tasks such as ArcGIS Survey123, drones, CAD, iPads, tablets and much more. Oral and Written Skills. CASC's management and multi -disciplinary staff utilizes their strong technical writing skills to produce documents such as annual reports, inspection reports, enforcement documentation, training modules, monthly status reports, and special studies to name a few. The CASC team also has strong oral communication skills. For example, the CASC Program Manager represents the City at the DTF meetings, which requires thoughtful interaction with Permittees, the Regional Board and others. Additionally, CASC provides City staff with focused, job - specific training. CASC's extensive experience working for the City provides for a unique understanding of the roles and responsibilities of City job titles, not to mention personally knowing many of specific department staff. This advantage allows for us to provide training on a more personal level and foster the interest of the audience. Interaction with Client's Organization. CASC provides the City of Palm Springs staff with an "approachable and available" format of communication. CASC staff is provided with staff cellphone numbers to satisfy immediate assistance needs. Many times, the inquires come via text message and CASC is quick to reply. Communication between CASC and City staff ranges from the Public Works Director to City inspectors. Sensitivity to funding constraints. To aid the City in controlling budgets, CASC utilizes the most cost-efficient system to meet the City's needs. CASC is the City's "one -stop -shop" for NPDES compliance: our multidisciplinary staff eliminates the need for sub -consultants, thus aiding in controlling City costs. 24 CITY OF PALM SPRINGS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM Ena-eenng end Con ,imp ON -CALL CONSULTING SERVICES; RFP#10-21 SECTION C. REFERENCES AND EXPERIENCE WITH PROJECTS OF SIMILAR SIZE AND SCOPE CA.A REFERENCES WITH PROJECTS OF SIMILAR SIZE AND SCOPE Agency: City of Palm Springs Contact: Rick Minjares, Engineering Associate Phone Number: (760) 323-8523 x8741 Agency: County of Riverside, Transportation Department Contact: Jan Bulinski, Senior Transportation Planner/NPDES Coordinator Phone Number: (951) 955-6859 Agency: City of Hemet Contact: Daniel Cortese, Management Assistant Phone Number: (951) 306-8591 Is* 19;1:Z17x i* 01[sI:141T,9gi:II3i11titVITi719luIAlFdX_l11IH•J_Vi1FA1�11i0]I:I10010]_Csl:lgg111_1TIdllIRM Agency: Cathedral City Contact: Vincent Lopez, Senior Analyst Phone Number: (760) 770-0349 Agency: City of Palm Desert Contact: Christina Canales, Engineering Assistant Phone Number: (760) 776-6463 Agency: City of La Quinta Contact: Amy Yu, Engineer Phone Number: (760) 777-7045 C.2 PROJECT PROFILES CITY OF PALM SPRINGS STORMWATER PROGRAM MANAGEMENT SERVICES Contract Dates: 2016-2021 Key Issues/Challenges: The City of Palm Springs was in need of a Stormwater Program Management team to serve as an extension of staff and assist the City with its NPDES comp#lance efforts. CASC Is responsible for management and implementation of the programs required in the Riverside County MS4 Permit for the Whitewater River Basin (MS4 Permit) while remaining developer and business friendly and cost efficient. CASC's approach to the project takes maximum advantage of our NPDES experience and combines it with the City's protocols, policies and NPDES requirements to produce a practical approach to overall compliance. Program administration activities include providing guidance on LID implementation for new development and redevelopment projects, IC/ID investigation and reporting, coordinating with Desert Task Force Meeting attendance, Trash Amendment compliance activities, MS4 annual reporting, and Report of Waste Discharge efforts related to the WWR MS4 Permit renewal. 25 CITY OF PALM SPRINGS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM 6namcermg and Cas i. hqN ON -CALL CONSULTING SERVICES; RFP #10-21 CITY OF PALM SPRINGS CONT.... Inspection services include providing construction, commercial, industrial, restaurant, and municipal inspections. over 375 commercial/industrial facilities subject to the permit requirements, and many additional construction an municipal facilities, CASC developed a database to organize, prioritize, and track the �i inspection program. CASC uses ArcGIS Survey123 as their main source of report generation to allow inspectors to use tablets to document inspection results, collect contact information, attach photos, obtain the signature of the facility representative, and immediately email the completed inspection report to the Project Manager and site representative. In 2020, CASC was able to meet the challenges of the coronavirus pandemic by developing and executing Covid protocols while remaining compliant with Permit provisions. With Budgeting: The on -call services provided were budgeted on an annual, not -to -exceed I/`\ basis. CASC's familiarity with the Whitewater River Basin M54 Permit requirements $ enabled CASC to tailor project elements to meet annual budget goals. Additionally, during times ofCity budget concerns, CASC worked with the City to tailor activities to lower costs to allow a remaining balance on annual NPDES Purchase Orders. CASC's monthly invoices tracked the cumulative billings, allowing the City to see the successful completion of each program phase as well as the overall project completion. CITIES OF LA QUINTA, PALM DESERT, CATHEDRAL CITY, AND RANCHO MIRAGE INSPECTION OF COMMERCIAL, INDUSTRIAL AND FOOD FACILITIES Contract Dates: 2018-2021 Key Issues/Challenges: The desert cities' inspection programs were initiated following the end of the Riverside County Compliance Assistance Program (CAP), which ceased inspections in December 2014. CASC started where the CAP program left off, allowing the cities to maintain compliance with the Riverside County MS4 Permit for the Whitewater River Basin (MS4 Permit). CASC performs stormwater inspections at Permit designated facilities, which include hazardous material and food facility inspections, at frequencies established by the MS4 Permit. CASC's responsibilities have included reviewing the facility lists from the Riverside County Department of Health (DEH) and the City's business license department, prioritizing facilities to be inspected, preparing inspection schedules, and providing progress reports to the City. CASC also developed an Inspector Procedures Manual for the City's future use, developed coordination procedures with the Citys Code Enforcement Division, developed digital versions of the City's inspection forms that can be provided electronically to facilities as inspections occur, and trained City staff on specific requirements of the M54 Permit inspection program. In 2020, due to the coronavirus pandemic, CASC implemented modified inspections to maintain compliance with county and state requirements related to COVID-19. Budgeting: The project budgets were established at a per unit cost, with a standard rate for each food establishment inspection and another rate for each hazardous waste/materials facility inspection. This rate was all-inclusive, and allowed the cities to budget in advance, with no surprises due to unforeseen circumstances during the inspections. 26 CITY OF PALM SPRINGS e**C NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM Enginecring and Col: :11Rp ON -CALL CONSULTING SERVICES; RFP I#10-21 CITY OF HEMET NPDES INSPECTION SERVICES AND STORMWATER PROGRAM MANAGEMENT SUPPORT Contract Dates: 2013-2021 Key Issues/Challenges: The City needed assistance with the management of their V NPDES stormwater program. A key element of this assistance was to work closely with the Public Works Department's Management Assistant/NPDES Coordinator through on -call advice and consultation, as well asjob shadowing and training, as needed. CASC was already familiar with the NPDES permit, through work with other cities subject to the Riverside County MS4 Permit for the Santa Ana Region (MS4 Permit), and familiar with the City's program through WQMP and Hydrology plan check work CASC performed for the Hemet Engineering Department. CASCs collective prior experience aided in providing the City compressed, aggressive deliverable schedules while remaining business and developer friendly. CASC conducts the inspection program of commercial, industrial, food, and hazardous waste facilities that covers approximately 400 businesses. CASC initiated the inspection program by reviewing the City s database of facilities, and then assigning an initial inspection priority of based on the type of business, results of prior inspections, and other factors. The inspector is typically accompanied by the facility owner or operator during the inspection, which provides an outstanding opportunity to explain the purpose of the program, to point out best practices, and to explain how non- compliant practices and conditions can be corrected. Budgeting: CASC provided on -call services on a time and expense basis. To help manage costs, CASC tapped the firm's trained and credentialed staff to carry out facility inspections and production assignments such as preparing the annual report and updating Facility Pollution Prevention Plans. CASC also worked closely with the City's staff to facilitate City - specific data collection while realizing cost efficiencies. COUNTY OF RIVERSIDE, TRANSPORTATION DEPARTMENT NPDES PROGRAM MANAGEMENT SERVICES Contract Dates: 2018-2021 Key Issues/Challenges: The County of Riverside is located within 3 watersheds: Santa Ana, Santa Margarita, and Whitewater River Region. NPDES Permit compliance specific to each watershed and state permit requirements (e.g., CGP, IGP) presents complex compliance challenges for the Riverside County Transportation Department. r CASC currently assists the County of Riverside's Transportation Department (Department) with on -call compliance activities and WQIP implementation'; related to the Department's three MS4 permits and the state CGP and IGP. Activities include staff augmentation of an Interim NPDES Coordinator, assistance with annual report preparation, monitoring of outfalls, TPG reviews for Transportation projects, WQMP reviews for land development projects, compliance assistance with statewide Trash Provisions requirements, and MS4 permit negotiations. Additionally, CASC prepared the Department's responses to the Regional Board's 13383 letters, coordinated with the Department for completion of GIS preliminary mapping, and is currently coordinating with the Department for preparation of standard designs for connector pipe screen devices. Additionally, CASC has staff who are trained in on -land visual trash assessments whoare assisting the Department in conducting assessments for proposed alternative land use areas. Budgeting: The on -call services provided were budgeted on an annual, not -to -exceed cost basis. CASC's familiarity with the three watershed -based MS4 Permitsand state requirements enabled CASC to expedite each task and meet budget goals. CASCs monthly invoices tracked the cumulative billings, allowing the Transportation Department to see the successful completion of each task. 27 CITY OF PALM SPRINGS e*ic NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM Eneincering und ON -CALL CONSULTING SERVICES; RFP#10-21 C.3 ADDITIONAL RELEVANT PROJECTS CITY OF POMONA STORMWATER PROGRAM MANAGEMENT, FOG AND NPDES INSPECTION SERVICES Contract Dates: 2020-2025 The City of Pomona is subject to the San Bernardino County MS4 Permit, as well as a separate permit Issued in 2013 for Bacteria Indicator Total Maximum Daily Loads (TMDL). CASC was retained to assist in meeting the NPDES MS4 Permit program requirements and develop and implement specific programs to reduce urban and stormwater runoff. CASC is conducting FOG, commercial/industrial facilities, restaurants, and Certificate of Occupancy development inspections for the City of Pomona. Inspections are conducted using Survey 1-2-3 and Collector apps for direct download into the City's MS4Front Software database. CASC has been working with the City to update the forms to include IC -ID inspections and to allow the option for direct emailing from the application, without the use of a 3rd party application. CASCs Project Manager is available to discuss issues that may arise, and confers with the City NPDES Coordinator periodically to provide an update on the progress of inspections and to provide copies of hard copy documentation relating to inspections. CASCs Project Manager also provides the City guidance on TMDL compliance and other NPDES complex issues that arise. Additionally, CASC provides SUSMP plan checking and counter services for assisting the public with development of post -construction BMPs. CITY OF TEMECULA NPDES PROGRAM COMPLIANCE Contract Dates: 2017-2020 CASC has been providing NPDES-related services to the City since 2007. Currently CASC assists the City maintain compliance with the Riverside County Santa Margarita Region MS4 Permit by providing the following services: • Water Quality Management Plan (WQMP), and Erosion and Sediment Control plan checking for municipal and private projects • Commercial and industrial facility, construction, and post —construction inspections • Illegal discharge/ connection survey • Municipal Separate Storm Sewer System (MS4) outlet survey • Serving as the designated contact to the Regional Water Quality Control Board • Other services as identified and authorized In 2020, the coronavirus pandemic required the development of safety protocols for inspections and other in -person services. Upon state -mandated orders, CASC promptly worked with the City on protocols which resulted in no effect to services and schedules. Recently, CASC completed phase one of the City's Catch Basin Device Analysis Project to assist the City comply with the Statewide Water Quality Control Plans for Trash. The goal of the project was to provide the City an opportunity to generate Water Quality Credits by installing inlet filters that would remove pollutants in addition to the mandated trash. The project included updating, verifying and identifying the locational accuracy of 107 storm drain inlets. Watershed and subwatershed boundaries were delineated based on contours provided by the City, dictating an identification number for the inlets. To assist the City determine the best fitting trash insert device, an ArcGIS tool was used for field crews to collect a variety of information on the stormwater inlets, junction boxes, manholes and pipes, such as pipe diameter, box height, box width, pipe material, pipe shape, pipe type, structure identification, pipe length and culvert length. 28 _ CITY OF PALM SPRINGS ui-C NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM t.nRnierng vnd lots .kinN ON -CALL CONSULTING SERVICES; RFP #10-21 CITY OF HESPERIA NPDES COMPLIANCE PROGRAM MANAGEMENT Contract Dates: 2019-2021 The City of Hesperia was in need of assistance with the Phase 11 Small MS4 Permit (Small MS4 Permit). Because of CASCs previous experience in providing similar assistance to agencies covered under the Small MS4 Permit, CASC was able to seamlessly support Hesperia staff by providing cost-effective guidance through compliance assessments and recommendations. CASC conducted an NPDES Program Compliance Assessment consisting of interviewing staff, reviewing existing documentation and training records, and determining the completion status of each required element ofthe Small MS4 Permit. CASC conducted various field inspections, provided guidance on outfall monitoring and prioritization, prepared training presentations for City staff to enhance the understanding of the Small MS4 Permit program provisions, and provided Immediate response to inquires and requests. CASC is also in the process of reviewing and updating the City's Illicit Connection/Illegal Discharge Program Manual, and is developing a flowchart for internal processes. CASC provided the City with separate cost estimates for each of the 29 tasks determined by the City. CASC was able to provide the City with cost efficiencies by providing recommendations to revise tasks due to unforeseen City needs, and was able to provide contracted services under budget and complete tasks ahead of the two-year schedule. RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT NPDES TRAINING SERVICES Contract Dates 2004-2021 CASC has been a training consultant to the Riverside County Municipa Stormwater Management Program continuously since 2004, developin training materials for all three watersheds covered under the county's three MS4 permits. In 2020, due to the coronavirus pandemic, adjustments to th, delivery of the training modules to Permittees and Co-permittees were made from in-person/in-classroom formats to online instructions. Client-specifi modifications were made within schedule and within budget. CASC has developed course content, conducted training sessions, and conducted attendee post -training assessments of the program's effectiveness. Courses are primarily directed at MS4 staff; however, classes such as those.covering Water Quality Management Plans (WQMP) have been open to and attended by professionals in private practice. Courses have covered IC/ID identification and control; construction, commercial/industrial, and municipal inspections; transportation project Low Impact Development; and WQMP review. The project budget was established on a time and expense not -to -exceed cost basis. A project such as this requires a collaborative approach with the client, and CASC worked with the District to develop the scope of the training, including the audience and level of expertise required. Tasks were set up to address the unique training needs for each watershed, with optional tasks for additional classes that might be identified later. Separate tasks were used to budget for developing new or updated courses. This approach gave the District a clear picture of what each class would initially cost to produce and deliver, and provided flexibility to pursue new ideas and approaches. 29 CITY OF PALM SPRINGS C* NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM meermp and Con Uttng ON -CALL CONSULTING SERVICES; RFP #10-21 SECTION D. LOCAL EXPERTISE DEMONSTRATED ON THE TEAM D.1 LOCAL BUSINESS CASC has maintained a physical business address in the City of Palm Desert for several years and we qualify as a Local Business (Coachella Valley) as defined in the RFP. We have requested the preference in Attachment A and included copies of our relevant business licenses in the attachments. D.2 LOCAL EXPERTISE OF TEAM MEMBERS The following CASC team members proposed for this project have local expertise as defined in the RFP: CASC Team Member Melanie Sotelo OtherNPIDES Experience Direct NPIDES with Proposed Project Role i Experience with Coachella Valley City of Palm Co-Permittees Springs JIncluding Riverside County TLMAI Key Team Members Program Manager ✓ ✓ Joyce Goode Assistant Program Manager ✓ ✓ Jeff Endicott Sr. Engineering Director ✓ ✓ Roberto Morales Sr. Engineer/Lead Inspector ✓ Vol Claudia Steiding Sr. Environmental Analyst ✓ ✓ Michael Gentile Steve Stump Technical Advisor Support Staff Technical Specialist ✓ ✓ ✓ ✓ Chris Ogaz Sr. Engineer/Lead Inspector ✓ ✓ Chris Sidor Drone Pllot ✓ ✓ Dan Secrist Lead Inspector ✓ ✓ Ed Gerlach Landscape Architect (RLA) ✓ ✓ Joe Rosales Sr. Environmental Analyst/Lead Inspector ✓ Dianne Laurila Sr. Environmental Analyst ✓ ✓ Shanna Delgado Environmental Scientist/Inspector ✓ ✓ Aryana Moore Environmental Analyst/Inspector ✓ ✓ Louis Flores Environmental Analyst/Inspector ✓ ✓ Hannah Everett Project Coordinator/Inspector ✓ Robin Tapia Project Coordinator/Clerical ✓ ✓ 30 CITY OF PALM SPRINGS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM Engineering and C.Atultms ON -CALL CONSULTING SERVICES; RFP #10-21 ATTACHMENTS )NOT IN PAGE COUNT) ATTACHMENT "A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope #1)* REQUESTS FOR PROPOSALS (RFP) # 10-21 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON -CALL CONSULTING SERVICES SIGNATURE AUTHORIZATION NAME OF COMPANY(PROPOSER): CASC Engineering and Consulting, Inc. BUSINESS ADDRESS: 1470 E. Cooley Drive, Colton, CA 92324 TELEPHONE: (855) 383-0101 CELL PHONE (909) 835-7145 FAX (760) 722-4264 CONTACTPERSON Rick Sidor, President EMAIL ADDRESS rsidorcDcascinc.com A. I hereby certify that I have the authority to submit this Proposal 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 proposal. Richard J. Sidor, President PRINTED NAM AND TITLE 5/10/2021 SIGNATURE AND DATE The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: If successful, the contract language should refer to melmy company as: An individual; A partnership, Partners' na A company; ✓ A corporation If a corporation, organized in the state of: California My tax identification number is: 33-0684667 Please check below IF your firm qualifies as a Local Business as defined in the RFP: ✓ 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 RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non -responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s) # none islare hereby acknowledged. No addenda were issued for this RFP. N N o° CD, O 'y� E m p4� x ,g Z' w =a co"yp c g �E L LU i Cl UIr w LL uo0) Z W e �¢ m OC �o '`J 0 {..Z m m a Z Z _ C Z 3U UU y Z Z opt—_ d OWN U LL mG W U N # U U a-O a, Z 0 Z z o m O O o as n mL Z I U Q m K K Q W Z z v w K e K } U M O W} w Z fQ Z W Z M? Q w Z 0 0 W Z Z w UU Z w U v m U con as w m U e U rotrui \) % FQj , Z j� § �\{}I\\§RE*\\\rRE §]2■/{�21]%() § a QKw8 } $ § q ))a-m2 ®�®k7 , ®2�;,; . § k § ${7; sli/§ % ■ B ) §§ Ofwai\�7]{}\§ J!\•giƒa:■"B! © \ ma j i * ■;%B•■{�|l,�f-( )7 §) �E �_.E7, !$!mi©;!■'!!\§ E §� /£*,±122 � § 2 �®2■m°I,2&.%I § m \FJaSa!§,2 af gm ; 000CLL._y0 zyo S2 no'a 3 m s�°c o m r m 0 D 3�3�� O m Y N� ❑olm 3 "g o tnp 3 o mg�Fm Ib a c mCL m mm ` v m n° l ma`Q O� Z m I'm � m a o C� 3 o ti 2 3 CLa:� c,'t�1 m m m = A ATTACHMENT"D" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope #1)* CITY OF PALM SPRINGS, CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. NAME OF CONSULTANT/VENDOR: CASC Engineering and Consulting, Inc. NAME and TITLE of Authorized Representative: (Print) Michelle E. Furlong, Secretary/Treasurer Signature and Date of Authorized Representative: � (Sign) �� �.i/if'�LVYIGt (Date) 04/30/21 ATTACHMENT "E" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope #1)* CITY OF PALM SPRINGS PUBLIC INTEGRITY DISCLOSURE (INSTRUCTIONS FOR APPLICANTS) Who Must File? Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions. Why Must I File? The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney. Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following: (1) the ownerlinvestor and the official have done business together during the year prior to the application; (2) the official has earned income from the owner/investor during the year prior to the filing of the application; (3) the ownerlinvestor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application, or (4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the ownerlinvestor'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? A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.). Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers trustees, etc, of the second entity must be discloses. B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager or City Attorney. What if I Have Questions? 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. pPIM de Op 4iy c PUBLIC INTEGRITY DISCLOSURE v c N APPLICANT DISCLOSURE FORM g41FOIIH 1. Name of Entity CASC Engineering and Consulting, Inc. 2. Address of Entity (Principle Place of Business) 1470 E. Cooley Drive, Colton, CA 92324 3. Local or California Address (if different than #2) 4. State where Entity is Registered with Secretary of State California If other than California, is the Entity also registered in California? F1 Yes n 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: ll any response is not a natural person, please Identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Rick Sidor �] Officer 0 Director ❑ Member ❑ Manager [name] ❑ General Partner ❑ Limited Partner [gOther President Michelle E. Furlong _ [10fficer ❑Director []Member ❑Manager [name] ❑ General Partner ❑ Limited Partner ❑ Other ❑ Officer ❑ Director ❑ Member ❑ Manager [name] ❑ General Partner ❑ Limited Partner ❑ Other Page 22 of 24 Rev 5/1/20 555"5 1810,329OW9 2 7. Owners/Investors with a 50/. beneficial interest in the Applicant Entity or a related entity EXAMPLE JANE DOE 509/6, ABC COMPANY, Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] A. 89 Rick Sidor [name of owner/investor] [percentage of beneficial interest in entity and name of entity] B. Chris Cummins 11 [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 04/30/21 Michelle E. Furlong, Secretary/Treasurer Page 23 of 24 Rev. 5/1/20 55575.18165329001592 EXHIBIT "D" SCHEDULE OF COMPENSATION ATTACHMENT"C" *THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPERATE ELECTRONIC FILE #2 "Cost Proposal", NOT with Electronic File #1, Technical/Work Proposal*) REQUEST FOR PROPOSAL (RFP #10-21) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON -CALL CONSULTING SERVICES COST PROPOSAL NAME OF FIRM SUBMITTING THIS COST PROPOSAL: CASC Engineering and Consulting, Inc Cost Proposal *FOLLOW THE PROPOSAL SUBMISSION INSTRUCTIONS FOR THE COST PROPOSAL IN A SEPERATE ELECTRONIC FILE #2 2021 • List the current 2-046 hourly rates for all classifications of personnel who may work on providing the City with NPDES program consulting services as defined in the Scope of Services and tasks identified. • List any reimbursable expenses the City may incur. • List any additional costs, such as drive time, that the City may incur in conjunction with the performance services. • The City shall include a provision in the final agreement with the selected firm(s) for annual CPI adjustments of the hourly rates after the first year of contract execution. Annual cost -of -living adjustments, if any, shall be based on the Consumer Price Index (CPI) for All Urban Consumers, for Los Angeles -Riverside -Orange County, CA. NOTE: This page MUST be manually signed. Certified by' ASC np ,49ring and Consulting, Inc. Firm e Signature o Aut rized Person tic 4 e,e �idef Printed Name Title 5 ,r Dat CITY OF PALM SPRINGS 4SC e*NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES` PROGRAM ON -CALL CONSULTING SERVICES Engineering and Cut d1h g RFP No. 03-16 COST PROPOSAL Services are proposed to be provided on a time and material basis with emphasis on coordinating activities, such as development inspections to reduce site travel times while increasing the number of inspections completed per business day. Emphasis on coordination of activities will aid in minimizing cost and maximizing efficiency. Drive time will be billed from CASC's local office (Palm Desert) to location(s) of work performed on behalf of the City. The table below provides an hourly rate for services proposed for this Project. CASC's assigned team member's categories are shown on the resumes included in the proposal. RATE SCHEDULE CASC TEAM CLASSIFICATION', Sr. Engineering Director HOURLY RATE $226 Technical Specialist/Advisor $185 Program Manager $175 Sr. Engineer/Lead Inspector/Sr Env Analyst $140 Assistant Program Manager $130 Landscape Architect (RLA)/Drone Pilot $130 Inspector/Environmental Analyst/Scientist $105 Project Coordinator/ Clerical $80 REIMBURSABLE EXPENSES The following expenses will be billed at cost plus 15% unless otherwise noted: • Commercial Delivery Services: Including Express Mail, Federal Express, UPS and independent courier ser- vices. • In -House Pick -Up and Delivery Services: When provided by the firm, these services will be billed at $50.00 per hour plus $0.66 per mile round trip, with noadditional markup. • Travel Expenses: Includes travel expenses incidental to performance of the work. Vehicle mileage will be billed at a rate of $0.66 per mile with no additional markup. Travel time for professional and administrative staff will be billed per the hourly fee rate schedule with no additional markup. • Outside Services: Includes fees paid to sub -consultants, consultants, analytical laboratories, and other pro- viders of services required for execution of the project. • Permits, Applications, and Fees: Includes fees for Notices of Intent (NOI), Notices of Termination (NOT), ap- plication fees, submittal fees, permit fees, and other fees required as part of the project and not paid directly by Client. • Prevailing Wage: Projects and/or portions thereof designated by Client to be subject to Prevailing Wage shall be billed at the regular staff rate or the Prevailing Wage rate, whichever is higher. The Prevailing Wage rate shall be (2.3) X (Total Hourly Rate), where the Total Hourly Rate is from the Wage Rate Determination issued by California's Director of Industrial Relations for the locality and employee classification at the time the work is performed. EXHIBIT "E" SCHEDULE OF PERFORMANCE Consultant shall provide services in a timely manner that may be defined by the City's NPDES/MS4 permit, consideration of the specific project schedule, the City's Council Meeting deadlines imposed by resource agencies, or as agreed upon between the two parties. END OF EXHIBIT "E" page 2 of 5 9993 Client#: 1250938 305CASCENG DATE (MMIDONYYY) ACORD. CERTIFICATE OF LIABILITY INSURANCE 12/12/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. --IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NRME Mary Faber _ PHONE 714 941-2900 �,N„ 9T7-297-1101 McGriff Insurance Services 130Theory Ste200 EDDnese: MFaber®McGriff.com Irvine, CA 92617 INSURER(S) AFFORDING COVERAGE NAM# 714 941-2800 INSURER A: Transportation Insurance Company 120494 INSURED CASC Engineering and Consulting Inc 1470 E Cooley Drive Colton, CA 92324 RFV151nN NILMRPR, GVVtHAlitS a.cn nrrvn,�n..,.,..�... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR LTA TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY ADDLSUon INSR WYD POLICY NUMBER POLK:Y E:F POLIMY EXP YAVDD/YYY MMNOMYY W� EACH OCCURRENCE 5 DMAAOE TO&ENT PREMISESbabbi 5 CLAIMSJAADE Fj OCCUR MED EXP (Any one Parker) $ PERSONAL a ADV INJURY 5 GENERAL AGGREGATE 3 GENL AGGREGATE LIMIT APPLIES PER, PRODUCTS - COMPUOP AGO 5 �j PRO' JECT LOC POLICYPRO'11 5 OTHER'. COMBINED SINGLE LIMIT AUTOMOBILE LIABL" Fa.- n BODILY INJURY (Par N ) 5 ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS RED EDPaacuden A ALTOS ONLYili-MADE BODILY INJURY (Par accadad) 5 pnOPEPTY DAMAGE UMBRELLA LIAB EACH OCCURRENCE 5EXCESS LAS AGGREGATE 5 X PER OTN- ATAIUTE ES S _ DED RETENTIONS B WORKERS COMPENSATION AND EMPLOYERS'LABILITY ANY PROPRIETORIPARTNEiVEXECUTIVE� OFF"EWMEMBER EXCLUDED? V MIA 7011705080 2/31 /202212/31/2 E.L. EACH ACCIDENT 510W000 E1.DISEASE -EA EMPLOYEE $1000000 (Mandatory In NH) II tlaecrlbeands DESCRIPTION OF OPERATIONS Endow - E1.DISEASE-POLICYLMIT $1DW000 — DESCRIPTION OF OPERATIONS I LOCATIONS I VEHKI LES (ACORD 101. Additional Remarks Schedule, may be attached Ir more apace Is required) This certificate is for the Workers Compensation renewal only effective 12/31/2022 to 12/31/2023. Please retain previously issued certificate for general liability, automobile liability and excess liability for the term of 2/01/2022 to 2101/2023. The City of Palm Springs, Its officials, employees and agents are named additional insured as respects General Liability and Automobile Liability, and this insurance is primary and noncontributory over any (See Attached Descriptions) City of Palm Springs Att: City Manager 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 • ,v vv- - yv SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE UEC20LL' THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN JC ACCORDANCE WITH THE POLICY PROVISIONS, City Hall AUTHORQED REPRESENTATIVE Reception Desk _....... .....-...non nneenownnM en dnHaa ea.uerved ACORD 25 (201 r/03) 1 of 2 The ACORD name and logo are registered marks of ACORD 981 #S31174739/M31174683 MJFAB l.nenOF: TLOUBSO sVOI.AJI.tnls k 8 Ju 3 ACORD,., CERTIFICATE OF LIABILITY INSURANCE DATE01/31/2023/31/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE��£L9 KEM( THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUI INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: tithe certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL 11WREIMpr6Vbl6ns or be endorsed. H SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer any rights to the certificate holder In lieu of such endorsement(s). k PRODUCER EACT Mary Faber McGriff Insurance Services E Es:714941-2800 xa: 877-297-1101 130 Theory Ste 200 . ' o ESS: MFaber@megrltf.eom Irvine, CA 92617 IssuREa AFFORDING COVERAGE NAIes 714 941-2800 i INSURER A: Continental Casualty Company 20443 INSURED INSURER e: Continental Insurance Company 35289 CASC Engineering and Consulting Inc C: Trenaportatlon Insurance Company 20494 1470 E Cooley Drive : Lexington Insurance Company 19437 Colton, CA 92324.3933 ....... —u COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THEUTEERMS, INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AEXCLUSIONS AND CONDITIONS OF SUCH POUC ES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L� TYPE OF INSURANCE IANSR li SUB POLICVNUMBER EFF °IP WITA X COMMERCIAL GENE UjABUJTY 6076584085 2101/2023 02/01/202 EACCHOCCURRENCE jRjA�LL CLAIMSaAADE 4 OCCUR PREMISES Eat k BI/PDDed:5,000 MEDEXP( one person PERSONAL a ADV INJURY $1 000 000 GENL AGGREGATE LIMIT APPLES PER F'OLICVO JJEECTT DOC GENERAL AGGREGATE s2,000,000 PRODUCTS-COMP/OP AGG s2000000 s OTHER: C AUTOMOBILE LIABILITY 6076584099 2/011202302/01/20 COS SINGIEUMIT(Ii OKM 1,000000 ODDLY INJURY(Pr peci f X'; ANY AUTO I OVMED SCHEDULED _ AUTOS ONLY AUTOS HIRED NON -OWNED X', AUTOS ONLY X AUTOS ONLY BODILY INJURY (Pw acudrp s PROPERTY DAMAGE we, scdtlent) B X UMBRELLA LIAR X OCCUR 6076584104 210112023 02/01/20 EACH OCCURRENCE AGGREGATE K$2 EXCESS LIAR CLAIMS -MADE DED X RETENr10N$1g000 CWORXERS COMPENSATION ANDEMPLOYERS'LIABLITY ANY PROPRIETOR/PARTNERIEXECUTNE��� OFFICERAUEMBER EXCLUDED? T NIA (Mandatory In NH) 7011705080 2/31/202212/131/202X PER OTH- --1ATUTEER - E.L EACH ACCIDENT E.LDISEASE-EAEMPLOVEE f n yea describe wrier DESCRIPTION OF OPERATIONS bob. 031565597 2/01/2023 E.L. DISEASE - POLICY LIMB $1,000 OLIO D Prof. Liab/ E&O 02I0112024 $2,000,000 EaClaim/Aggr Pollution $76,000 Ded Per Claim Claims -made DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may lK attached It more space is required) Certificate is subject to policy limits, conditions and exclusions. The City of Palm Springs, its officials, employees and agents are named additional insured as respects General Liability and Automobile Liability, and this insurance is primary and noncontributory over any insurance of the additional insureds as required by written contract; Waiver of subrogation applies asrespects Work Compensation in favor of the City of Palm Springs, its (See Attached Descriptions) City of Palm Springs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Att: City Manager ACCORDANCE WITH THE POLICY PROVISIONS. 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 AUTHORRED REPRESENTATNE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 Of 2 The ACORD name and logo are registered marks of ACORD DESCRIPTIONS (Continued from Page 1) elected officials, officers, employees agents, and volunteers as required by written contract per the endorsements attached. Should any policy be cancelled before the expiration date, McGriff Insurance Services will mail 30 (thirty) days written notice to the certificate holders which require such action per written contract or agreement, except 10 days notice of cancellation for non-payment of premium. SAGITTA 25.3 (2016/03) 2 of 2 ac11 sAA11AI 11 snelaa CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors -with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: 1. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily Injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. It. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. 111. Subject always to the terms and Conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: 6076584085 Page 1 of 2 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 02/01/2023 Insured Name: CASC ENGINEERING AND CONSULTING INC Copyright CNA All Rights Reserved. Includes copydghted material of Insurance Services office, Inc., with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Page 2 of 2 CONTINENTAL CASUALTY COMPANY Insured Name: CASC ENGINEERING AND CONSULTING INC Policy No: 6076584085 Endorsement No: Effective Date: 02/01/2023 Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission. CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILTY COVERAGE A. Who Is An Insured The following is added to SECTION II, Paragraph A. 1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A. 1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: 111 Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings SECTION II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2. In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day. C. Fellow Employee Form No: SCA 23 500 D 10 11 Policy No: 60765a4099 r Endorsement Effective Date: Policy Effective Date: 02/011Y 02/01121 Endorsement No: Policy Page: 1 of Underwriting Company: Continental Insurance Co Copyright CNA All Rights Reserved. Includes copyrighted material of the This page has been left blank intentionally. CHA CASC Engineering and Consulting Inc Architects, Engineers and Surveyors General Liability Extension Endorsement With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED • PRIMARY AND NONCONTRIBUTORY TO ADDITIONAL INSURED's INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED— EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual, then his or her spouse is an Insured; b. A partnership or joint venture, then its partners, members and their spouses are Insureds; c. A limited liability company, then its members and managers are Insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: CNA74858XX (1-15) Policy No: 6076584085 Page 4 of 15 Endorsement No: Continental Casualty Effective Date: 02/01/23 Insured Name: CASC ENGINEERING AND CONSULTING INC This page has been left blank intentionally. Business Auto Policy Policy Endorsement It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED. 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA71527XX (10-2012) Policy No: 6076584099 Endorsement Effective Date: 02/01/2023 Endorsement Expiration Date: Policy Effective Date: 02/01/2023 Endorsement No: Page: 1 of 1 Policy Page: Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Copyright CNA All Rights Reserved. This page has been left blank intentionally. This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is Blanket Waiver of Subrogation Percentage Charge%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B (11-1997) Policy No: P Policy 7011705080 Endorsement Effective Date: 12-31 32 Effective Date: 12-31-22 Endorsement No: ; Page: f o7 1 Policy Page: x of y Underwriting Company. Transportation Insurance Company T Copyright CNA All Rights Reserved. i A S1 fjjrV3 page 2 of 13 Client#: 1250938 305CASCENG DDN ACORD. CERTIFICATE OF LIABILITY INSURANCE D01/31TE 202yYV) 01/31/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, censin policies may require an endorsement. A statement on this certificate does not confer anv rights to the certificate holder in lieu of such andoreement(s). McGriff Insurance Services 130 Theory Ste 200 Irvine, CA 92617 714 941-2800 CASC Engineering and Consulting Inc 1470 E Cooley Drive Colton, CA 92324-3933 INSURERS) AFFORDING COVERAGE NAIC a INSURER A. Continental Casualty Company 20M INSURER B: Continental kneurance Company 3521119 INSURER C: TreMPOrtalon IMMraRCe Company 20M INSURER D: Lexington Insurance Company 1%37 INSURER E COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TLTL pR TYPE OF INSURANCE DDL UBRI POLICY NUMBER POLICY EFF MWDO/YYY POLICY EXP MMmaYYY LeAlrS A X COMMERCIAL GENERAL LImury 16076584085 MOM= 02(01 $1 OKOOO CUIM&MADE J OCCUR pEpAAACMMHHpDO�EECTCTURqRENCE PREMISESOEa�aauFOrtarma 55M000 X MED EXP (An ens erem) &15 000 BVPD Ded:5,000 PERSONAL&ADVINJURY $1000000 GENL AGGREGATE LIMIT APPLIES PER: PRO - POLICY AIJECT LOC GENERAL AGGREGATE E2000000 PRODUCTS - COMP/OP AGO 52000000 $ OTHER: C AUTOMOBILELIABX.ITY W76504099 Dwoi=23 owifmowCOMBINED SINGLE LMrrfEappatisro 1,000000 E X ANY AUTO BODILY INJURY (Par peon) X OWNED SCHEDULED AUTOS ONLY AUTOS HIRTQ40NLY X NON -OWNED AUTOS ONLY q BODILY WJURV (Par amBw, PROPERTY DAMAGE Pm acbd S S S 6076584104 01/2023 02101/2024 EACH OCCURRENCE B L X UMBRELLAUAB X OCCUR SMIX11,000 E2 OOD 000 EXCESS UAB CLAIMS -MADE _ _ _ 70117050BD N/A AGGREGATE _ 2/31/2022 12/31/2 X PER OIN- ' EL. EACH ACCIDENT DED I X I RETENTION $10000 S C WORKERS COMPENSATION AND EMPLOYER' LIABILITY ANY PROPRIETOWPARTNERIEXECUTWE �Y/N OFFcERrMEMBER EXCLUDED? "J 81000000 (Mandatary In NMI EL. DISEASE EAEMPLOYEEs1000000 d yes ca under dwdb DESCRIPTION OF OPERATIONS below _ _ _ E.L. DISEASE POLICYUMIT 51000000 D Prof. Llah✓ E&O 031565597 01/2023 02/01/2024 $2,000,000 EaC1aInVAggr Pollution E75,D00 Ded Per Claim Claims -made DESCRIPTION OF OPERATIONS / LOCATIONS / VEHIC LES (ACORD 101. AW10onal remarks Schedule, may be atlachM If more apes is required) Certificate Is subject to policy limits, conditions and exclusions. Proposal for: ON -CALL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM CONSULTING SERVICES The City of Palm Springs, its officials, employees and agents are named additional insured as respects General Liability and Automobile Liability, and this insurance is primary and noncontributory over any insurance of self-insurance the City may have as respects OrrCall National Pollutant Discharge Elimination (See Attached Descriptions) City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD W( #S31504315/M31504261 MJFAB 6 page 3 of 13 DESCRIPTIONS (Continued from Page 1) System (NPDES) Program Consulting Services; Waiver of subrogation applies as respects Work Compensation in favor of the City of Palm Springs, its elected officials. officers, employees agents, and volunteers as required by written contract per the endorsements attached. Should any policy be cancelled before the expiration date, McGriff Insurance Services will mail 30 (thirty) days written notice to the certificate holders which require such action per written contract or agreement, except 10 days notice of cancellation for non-payment of premium. SAGITTA 25.3 (2016/03) 2 of 2 #531504315/M31504261 pt page 4 of 13 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily Injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily Injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide e such additional insured with: A. coverage broader than required by the written contract; or e s B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: 60761;84n8s Page 1 of 2 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 02/01/2023 Insured Name: rAsr ENGINEERING AND CONSNLTINC INC. CopDn9tt CNA All Rghs Reserved. Includes copyrighted material of InsuranceSwmcw Office, Inc.. With its oenninion. 309 page 5 of 13 CHA Primary and Noncontributory Insurance CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. Vt. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under thisendorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily Injury or property damage; or 2. the offense that caused the personal and advertising Injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 6076584085 Page 2 of 2 Endorsement No: CONTINENTAL CA-4TTALTY COMPANY Effective Date: 02/01/2023 Insured Name: CASC ENGINEERING AND CONSTTLTING INC 0opydght CNA All Rights Reserved. Indud% copyrighted mateial of Insurance SeNcw office. Inc., with its permission. 310 >. 1, page 6 of 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM 7��LI7L9�'lrTal`1�;7�T3� A. Who Is An Insured The following is added to SECTION II, Paragraph A. 1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A. 1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily Injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bell Bonds and Loss of Earnings SECTION 11, Paragraphs A.2.a.12) and A.2.a.(4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2. In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day. C. Fellow Employee Form No: SCA 23 500 D 10 11 Policy No: 6076584099 Endorsement Effective Date: Policy Effective Date. 02101/2) 02/01/21 Endorsem Policy Page: 1 of 5 underwriting Company: _ '."'` 9 Copyright CNA All Rights Reserved. Includes copyrighted material of the 311 Insurance services Office, Inc., used with its permission. page 7 of 13 This page has been left blank intentionally. 312 owe page 8 of 13 CASC Engineering and Consulting Inc CNAArchitects, Engineers and Surveyors General Liability Extension Endorsement With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily Injury, property damage or personal and advertising Injury caused by: a. the Named Insured's ads or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily Injury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED- PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insureds own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED —EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual, then his or her spouse is an Insured; b. A partnership or joint venture, then its partners, members and their spouses are Insureds; c. A limited liability company, then its members and managers are Insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: CNA74858XX (1-15) Policy No: 6076584085 Page 4 of 15 Endorsement No: Continental Casualty Effective Date: 02/01/23 Insured Name: CASC ENGINEERING AND CONSULTING INC 313 CopYripht CNA All Rights Reserved. Includes copyrghted material of Insurance Services Office, Inc.. with its ps ifsion. N page 9 of 13 This page has been left blank intentionally. 314 page 10 of 13 L�. Business Auto Policy Policy Endorsement JIi It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE k,kne of Additional Insured Person Or Organization ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED. 1. In conformance with paragraph A,1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident' for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged Tsih endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No. CNA71527XX (10-2012) Policy No: 6076584099 Endorsement Effective Date: 0210112023 Endorsement Expiration Data: Policy Effective Date: 02/01/2023 Endorsement No: Page: 1 of 1 Policy Page: Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 o Copyright CNA All Rights Reserved. 31S page 11 of 13 This page has been left blank intentionally. 316 page 12 of 13 C This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We. will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we. agree. that is a percentage of the total standard premium for California exposure. The amount is Blanket Waiver of Subrogation Percentage Charge%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-e (11-1997) Policy No: P Policy 7011705080 Endorsement Effective Date: 15-31-- Effective Date: 12-31-22 1116 Endorsement No:: Page: 1 of 1 Policy Page: x of y Underwriting Company: Transportation Insurance Comparry ' .. ' Copyright CNA All Rights Reserved. 317 a page 13 of 13 This page has been left blank intentionally. 318 page 1 of 13 02/0212023 McGriff Insurance Services PO Box 819 Wilson NC 27894-0819 5400 H City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 306 RECEIVED page 2 of 13 FEB 13 2023 A0/2 Client#: 1250938 f 305CASCENG ACORD, CERTIFICATE OF Lg'A'61Lftiti'M1J' RANCE DATE(MMIDD/YYYY) 01/31/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer anv rights to the certificate holder in lieu of such endorsement(s). PRODUCER McGriff Insurance Services 130 Theory Ste 200 Irvine, CA 92617 714 941-2800 CASC Engineering and Consulting Inc 1470 E Cooley Drive Colton, CA 92324-3933 Ear): 714 941-2800 INSURErNS) AFFORDING C INSURER A : Continental Casualty Company INSURERS: Continental Insurance Compan' INSURER C: Transportation Insurance, Comf INSURER D : Lexington Imurance Company COVFRAGFS CERTIFICATE NUMBER: REVISION NUMBER: 101 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. RR TYPE OF IMBUMNCE (S WYO UBflIIDOLS� POLICY NUMBER MMIDDIM IM OI YYY LMrrs A X COMMERCIALGENEIRI�A LIABILITY 6076584ON 01/2023 02/01/2024 EAACMHHOECCURppREpE f1 0000 00 CLAIMS -MADE a OCCUR N�NCE BREMISE Ea Roocu ce f OOO X $15 000 BI/PD Ded:5,000 MED ExP (Anyone ereen) $1000000 PERSONAL &ADV INJU BY GEN'L AGGREGATE LIMIT APPLIES PER: POLICYF7XJECT F]LOC f 2 OOD OOO GENERAL AGGREGATE PRODUCTS. come DP AGO 32000000 f OTHER: C AUTOMOBILELPLBLITY 60765840pg /2= 02/01M2 COMBINED SINGLE LMIT 1 000,000 X S ANY AUTO BODILY INJURY (Per Person) OWNED SCHEDULED ONLY AUTOS HIRED NON-0WNED AUTOS ONLY X AUTOS ONLY BODILY INJURY (Per darlG aad PROPERTY DAMAGE PeracdOeM X ItAUTOS f f B X UMBRELLA UAB X OCCUR W76WI04 /2023 02/01/2024 EACH OCCURRENCE S 000 ow s2000000 EXCESS UAS CWMSAIADE iAGGREGATE DED X I RETIENTIONliII00W S C WORK ER& COMPENSATION AND EMPLOYERS' LLIABILITYANY Pr10PRIETOWPARTNERIE%ECUTIVEYIN OFFICERTIEMBER EXCLUDED? Y (Maltlatory In NH) MIA 7011705080 Z/31/2022 12/31 X PEP OTH- E.L. EACH ACC f1 000000 E.L. DISEASE - EA EMPLOYEE S1 OOO Hys daacrlbaurMr DESCRIPTION OF OPERATIONS beam, E.L. DISEASE - POLICY LMIT J31 000 000 D Prof. Liab/ E&O 031565597 01/2023.02/Ot $2,000,000 EaCia4lVAggr Pollution $76,000 Ded Per Claim Claims -made I DESCRIPTION OF OPERATIONS LOCATIONS / VEHICLES (ACORD 101. AJdldonal Remarks Schedule, maybe anachad If mom spew Is mqulre'l) Certificate is subject to policy limits, conditions and exclusions. The City of Palm Springs, its officials, employees and agents are named additional Insured as respects General Liability and Automobile Liability, and this insurance is primary and noncontributory over any Insurance of the additional insureds as required by written Contract; Waiver of subrogation applies asrespeets Work Compensation in favor of the City of Palm Springs, its (See Attached Descriptions) City of Palm Springs Aft: City Manager 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD 320 #S315G4316JM31504261 MJFAB page 3 of 13 DESCRIPTIONS (Continued from Page 1) elected officials, officers. employees agents, and volunteers as required by written contract per the endorsements attached. Should any policy be cancelled before the expiration date. McGriff Insurance Services will mail 301thirty) days written notice to the certificate holders which require such action per written contract or agreement, except 10 days notice of cancellation for non-payment of premium. SAGITTA 25.3 (2016/03) 2 of 2 #S315043166IM31504261 3i' page 4 of 13 CNA Blanket Additional Insured - Owners, Lessees or Contractors -with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily Injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily Injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily Injury, property damage or personal and advertising Injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide to such additional insured with: A. coverage broader than required by the written contract; or e g B. a higher limit of insurance than required by the written contract. aIV. The insurance granted by this endorsement to the additional insured does not apply to bodily Injury, property damage, or personal and advertising Injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage = part: CNA75079XX (10-16) Policy No: 6 0 76 5 A 4 0 A 5 Page 1 of 2 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 02/01/2023 Insured Name: CASs ENGINEERING AND MNSULTINr INC. Copynght CNA All RI¢its Reserved. Indudm copyrighted material ai Durance Services OMA . Inc.. withits permieslm. 322 Vri race of 13 CNA Primary and Noncontributory Insurance CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and noncontributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. M. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and noncontributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily Injury or property damage; or 2. the offense that caused the personal and advertising Injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX(10-16) Policy No: 6076s8408s Page 2 of 2 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 02/01/2023 Insured Name: CASC ENGINEERING AND CONSDLTINC; INC Copyright CNA All Rghm Reserved. Includes copynghted material of Insurance SenAces Office. Inc., win ire permission. 323 page 6 of 13 K_L THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILTY COVERAGE A. Who Is An Insured The following is added to SECTION II, Paragraph A. 1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings SECTION II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2. In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day. C. Fellow Employee Form No: SCA 23 500 D 10 11 Policy No: (470SlG099 Endorsement Effective Date: Policy Effective Date: QV01123`-'�: 02/01/21 Endorsemgalt)t Policy Page: I of5 Underwriting Company Cpt6Bdf7D1�d1 FJlpyragaero ° Copyright CNA All Rights Reserved. Includes copyrighted material of the 324 Insurance Services Office, Inc., used with its permission. page 7 of 13 This page has been left blank intentionally. 325 . page 8 of 13 CASC Engineering and Consulting Inc CNAArchitects, Engineers and Surveyors General Liability Extension Endorsement With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury. property damage or personal and advertising Injury caused by: a. the Named Insured's ads or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily Injury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED- PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDIT IONAL INSURED -EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual, then his or her spouse is an Insured; b. A partnership or joint venture, then its partners, members and their spouses are Insureds; c. A limited liability company, then its members and managers are Insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES, Coverage A - Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: CNA74858XX (1-15) Policy No: 6076584085 Page 4 of 15 Endorsement No: Continental Casualty Effective Date: 02/01/23 Insured Name: CASC ENGINEERING AND CONSULTING INC 326 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Orrice, Inc., with its permission. page 9 of 13 This page has been left blank intentionally. 327 page 10 of 13 Business Auto Policy Pf)licy Enrforset7eent ADDITIONAL INSURED - PRIMARY AND NON CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE - Hof Additional insured Person Or Organization ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED. 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA71527XX (10-2012) Policy No: 6076584099 Endorsement Effective Date: 02/01/2023 Endorsement Expiration Date: Policy Effective Date: 02/01 /2023 Endorsement No: Page: 1 of 1 Policy Page: Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Copyright CNA All Rights Reserved. INVA . page 12 of 13 011521119 am This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Ramvery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we. agree that is a percentage of the total standard premium for California exposure. The amount is Blanket Waiver of Subrogation Percentage Charge%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B (11-1997) Policy No: P Policy 701170 Endorsement Effective Date: 12-31-22 Effective Date: 12-31-22 Endorsement No: ; Page: 1 of 1 Policy Page: x of y Underwriting Company: Transportation Insurance Company 'Y '"r-'- Copyright CNA All Rights Reserved. 3W