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HomeMy WebLinkAbout25Q152 - Albert A. Webb AssociatesCONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Professional Services Agreement Albert A. Webb Associates Brian Knoll, PE, Chief Operations Officer brian.knoll@webbassociates.com On-Call Wastewater Engineering Design Services NTE $5,000,000 3 years (with 2 one year extension options) On file Brian Knoll, brian.knoll@webbassociates.com Bruce Davis, Bruce.davis@webbassociates.com Engineering Services Joel Montalvo / Juan Segoviano X1096 May 28, 2025 Item 1J 25Q152 Yes Yes Yes Department - No Agreement and Insurance are attached. N/A 06/02/2025 Vonda Teed Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 1 of 18 CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT 25Q152 ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this 1st day of July, 2025, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as “City”) and ALBERT A. WEBB ASSOCIATES, (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” Wastewater Engineering Design Services for a variety of future projects, (hereinafter the “Project”). B.Consultant has submitted to City a proposal to provide As-Needed, “On-Call” Wastewater Engineering Design Services for a variety of future projects to City pursuant to the terms of this Agreement. C.Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D.City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 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 acknowledges that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant is a provider of professional services and that Consultant is experienced in performing the Work contemplated herein and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by 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”); (5) Fee Schedule; and (5) the Task Order (as defined herein) (collectively referred to as the “Contract Documents”). The City’s Request Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 2 of 18 for Proposals and the Consultant’s Proposal, which are attached as Exhibits “B” and “C” respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant’s Proposal. All provisions of the Scope of Services, 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: (1st) the terms of this Agreement; (2nd) the provisions of the Task Order; (3rd) Scope of Services (Exhibit “A”), as may be amended from time to time; (4th) the provisions of the City’s Request for Qualifications (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 affirms that Consultant (a) has investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 3 of 18 1.8 Performance of Services. City Manager or Director of Engineering/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 the Director of Engineering/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 Director of Engineering/City Engineer or the City Manager as provided in this Section 2.1. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the fee schedule set forth in Exhibit “D”. The total amount of Compensation for the duration of the term of this agreement, as defined in Section 3.4, shall not exceed $5,000,000. 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 (Fee Schedule) 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 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 4 of 18 risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation, therefore. It is expressly agreed that the maximum contract amount of this Agreement is undefined and is subject to the number and type of projects requiring the Consultant’s Services throughout the duration of the term of 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. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 5 of 18 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, 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 Majeure. 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 commence on July 1, 2025 and continue in full force and effect for three (3) years. At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional one (1) year terms. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Brian Knoll, PE, Chief Operations Officer. 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 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 6 of 18 Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, 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 ventures 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. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 7 of 18 C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subconsultants, or agents, Consultant shall indemnify City for all such financial obligations. 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 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 8 of 18 for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) acknowledge 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 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 9 of 18 damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non- owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: 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 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 10 of 18 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. 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. I. 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 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 11 of 18 in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 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 reasonable attorney fees (collectively “Claims”), Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 12 of 18 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 applicable federal, state, or local law or ordinance or to the extent arising out of, pertaining to, or relating to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole or active 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 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 13 of 18 result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subconsultants shall provide for assignment to City of any documents or materials prepared by them, and in the event, Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be 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 may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 14 of 18 termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. 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.B, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided herein. 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 15 of 18 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. 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 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 16 of 18 City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. 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 To Consultant: Albert A. Webb Associates Attention: Brian Knoll, PE, Chief Operations Officer 3788 McCray Street Riverside, CA 92506 Telephone: (951) 686-1070 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 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 17 of 18 amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 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. 10.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “E” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 18 of 18 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND ALBERT A. WEBB ASSOCIATES IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. ALBERT A. WEBB ASSOCIATES: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: ATTEST: Date: : CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: 05/28/2025 Item No. 1J APPROVED AS TO FORM: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – up to $150,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 6/11/2025 6/11/2025 6/11/2025 EXHIBIT “A” SCOPE OF SERVICES Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E SCOPE OF SERVICES Background: This work will be provided on an on-call as-needed basis, and no amount of work is guaranteed. The contract value is based on an estimate only and not reflective of the actual amount of work that may or may not be performed. The City will issue Task Orders to the Consultant to provide the requested services associated with each project, as the need occurs for such services. Work will be performed on either a lump sum or cost-plus fixed fee basis as defined in each task order. All services shall be performed in compliance with industry and professional standards and all applicable federal, state, and local laws, ordinances and regulations including Americans with Disabilities Act (ADA), Greenbook, Regional Water Quality Control Board (RWQCB), US EPA, and the rules and ordinances of the County of Riverside and the City of Palm Springs. Scope: It will be the responsibility of the Consultant to determine the necessary staffing level required to perform the scope of service as may be required for a project when assigned. The City will not provide dedicated workspace or office space, city staff or city resources, printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. The City may assign projects at its sole discretion. Responsibilities may include, but are not limited to, the following: A. Improving wastewater infrastructure, such as pipelines and manholes. B. Treatment process optimization and upgrade of facilities. C. Assess the impacts of emerging contaminants in source waters on water and wastewater treatment plant compliance and public health. D. Preparation of Contract Documents for bidding purposes including final plans, specifications, cost estimates, constructability reviews to determine contract duration, and necessary addenda. E. Construction support services, including review and approval of shop drawings, respond to Request for Information, periodic progress meetings, and field consultation as necessary. Provide specialty construction engineering observations as requested. F. Environmental clearance for CEQA/NEPA. G. Other duties as requested by the City Engineer. Work Allocation: The Consultant shall perform no less than fifty-one percent (51%) of the total work effort under the tasks requested. Any exceptions to this requirement must be submitted in writing to the City for approval, with detailed justification. The City, at its sole discretion, may approve or deny any such exception. The Consultant shall maintain accurate records of work performed and shall provide such records to the City upon request. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Schedule: Work will commence on issuance of individual task orders and the task orders will define the schedule for the work. Compensation: Work will be authorized under individual task orders and will be compensated on either a lump sum or cost-plus fixed fee basis utilizing the hourly rates, approved overhead and fee/profit included in the contract. Contract pricing in each task order shall include all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City. There is no specific amount of work guaranteed as this is an on-call contract. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E EXHIBIT “B” CITY’S REQUEST FOR PROPOSALS Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E COVER PAGE CITY OF PALM SPRINGS, CA ENGINEERING SERVICES DEPARTMENT REQUEST FOR QUALIFICATIONS WEDS-RFQ 2025 ON CALL WASTEWATER ENGINEERING DESIGN SERVICES ISSUED: MARCH 24, 2025 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E TABLE OF CONTENTS SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS ................................................ 1 1.1 Request for Qualifications .................................................................................................................. 1 1.2 Background ........................................................................................................................................ 1 1.3 Funding .............................................................................................................................................. 1 1.4 Term ................................................................................................................................................... 2 1.5 Schedule ............................................................................................................................................ 2 1.6 RFQ Documents Location .................................................................................................................. 2 1.7 Evaluation of Qualifications and Award of Contract ........................................................................... 2 SECTION 2 – INSTRUCTIONS TO RESPONDERS ................................................................... 3 2.1 Obtaining RFQ Documents and Addenda:................................................................................... 3 2.2 Responder’s Minimum Requirements – evaluated on a pass/fail basis: ..................................... 3 2.3 Submission of Request for Qualifications: ................................................................................... 3 2.4 Protest Procedures. ..................................................................................................................... 3 SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT ............................................ 5 3.1 Request for Clarifications/Questions: .......................................................................................... 5 3.2 Responders Ethical Behavior: ..................................................................................................... 5 3.3 Request for qualifications to Remain Open: ................................................................................ 5 3.4 Right to Accept or Reject Request for qualifications: ................................................................... 5 3.5 Responsibility of Responder: ....................................................................................................... 5 3.6 Insurance: .................................................................................................................................... 5 3.7 Public Record: ............................................................................................................................. 5 3.8 Cost Related to Request for Qualifications Preparation: ............................................................. 6 3.9 Compliance with Law: .................................................................................................................. 6 3.10 Licenses, Permits, Fees and Assessments: ................................................................................ 6 3.11 Investigations: .............................................................................................................................. 6 3.12 Non-Collusion: ............................................................................................................................. 6 3.13 Signed Request for Qualifications and Exceptions: ..................................................................... 7 3.14 Award of Contract: ....................................................................................................................... 7 3.15 Form of Agreement: ..................................................................................................................... 7 SECTION 4 – SCOPE OF WORK ................................................................................................ 9 4.1 Background: ................................................................................................................................. 9 4.2 Scope: .......................................................................................................................................... 9 4.3 Work Allocation ............................................................................................................................ 9 4.4 Schedule: ................................................................................................................................... 10 4.5 Compensation: ........................................................................................................................... 10 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E SECTION 5 – REQUEST FOR QUALIFICATIONS FORMAT AND ORGANIZATION .............. 11 5.1 Request for Qualifications Requirements: ................................................................................. 11 5.2 Electronic Submittal Package Format: ....................................................................................... 11 5.2 Submission of RFQ .................................................................................................................... 13 SECTION 6 – REQUEST FOR QUALIFICATIONS EVALUATION ........................................... 14 6.1 Evaluation of Request for Qualifications: ................................................................................... 14 6.2 Selection Process and Award of Contract: ................................................................................. 14 SECTION 7 – REQUIRED FORMS TO SUBMIT ....................................................................... 15 ATTACHMENT “A” SIGNATURE AUTHORIZATION .............................................................................. 16 ATTACHMENT “B” LOCAL PREFERENCE – ........................................................................................ 17 ATTACHMENT “C” NON-COLLUSION AFFIDAVIT ............................................................................... 18 ATTACHMENT “D” CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION ......... 19 ATTACHMENT “E” PUBLIC INTEGRITY DISCLOSURE ....................................................................... 21 ATTACHMENT “F” REFERENCES ........................................................................................................ 25 ATTACHMENT “G” EXECUTIVE ORDER N-6-22 CERTIFICATION ...................................................... 27 ATTACHMENT “H” FEE SCHEDULE ..................................................................................................... 28 SECTION 8 – SAMPLE AGREEMENT ...................................................................................... 30 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 1 SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS 1.1 Request for Qualifications The City of Palm Springs is requesting statements of qualifications from qualified professional firms to provide the City with On-Call Wastewater Engineering Design Services and related services as may be requested by the City for a variety of City projects as may be assigned. The objective of this solicitation is to hire one or more on-call firms to provide such services to the City. The City may assign projects at its sole discretion. The City, at its sole discretion, may select only one firm, or more than one firm, to provide the requested services. The City is soliciting proposals from experienced firms to provide on-call Wastewater Engineering Design Services for capital projects at the WWTP over the next five years. Successful firms must have a proven ability to deliver "turn-key" services to municipal clients. The City plans to award on-call contracts for Wastewater Engineering Design Services, initially for a three- year period. These contracts may be extended twice, each extension lasting one year, subject to the City Manager's approval and the agreement of the selected firm or firms, potentially resulting in a total contract duration of up to five years. It is important to note that the City retains complete discretion over project assignments, and selection for an on-call contract does not guarantee any specific volume or frequency of work. 1.2 Background The City of Palm Springs, a charter city in eastern Riverside County, California, with a population exceeding 48,000, owns and operates its own wastewater treatment plant (WWTP) and sewer collection system. The Palm Springs WWTP provides secondary treatment for an average of 5.9 million gallons per day (MGD) of wastewater and septage. Following this treatment, approximately 25% of the resulting secondary effluent is directed to one of six unlined evaporation/percolation ponds. The remaining majority is conveyed via a dedicated treated effluent pipe to the Desert Water Agency’s (DWA) Wastewater Reclamation Plant (WRP) for tertiary treatment. The volume of secondary effluent sent to DWA fluctuates seasonally, influenced by recycled water demand, with the lowest amount, approximately 2 MGD, being sent during the winter months. The WWTP is operated by Veolia Water West Operating Services Inc. The City of Palm Springs and Veolia Water West Operating Services, Inc. conjunctively plan and coordinate facility capital improvement projects. The facility operates under the regulation of California Regional Water Quality Control Board (CRWQCB) Colorado River Basin Waste Discharge Requirement Order (WRD) R7-2024-0009. Details about facility processes, operations, and wastewater characteristics are found in the order which is included as Appendix A. In 2020, the City updated the Capital Repair and Rehabilitation Plan (CRRP), creating a long-term financial strategy to prioritize and fund necessary upgrades for future regulatory compliance. The plan also conducted an alternatives analysis, developing conceptual designs and cost estimates for improved liquid treatment to meet stricter nitrogen and total dissolved solids limits. Additionally, they analyzed solids handling to reduce odor and dust, and explored biogas utilization options, including potential food waste integration, to generate revenue and minimize greenhouse gas emissions. Various portions of the (CRRP) have either been completed or are in different stages of development. The selected firm(s) will need to continue implementation of the plan or deliver new tasks. The plan will be shared with the selected firms. 1.3 Funding The resulting contract will be an on-call contract and the estimated not to exceed value of the contract will be $5M over the full term of the contract or approximately $1M annually. Note that projects with Federal or State Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 2 grant funds may be excluded from this contract pursuant to the applicable terms and conditions of the grant requirements. 1.4 Term The Responder shall guarantee that all contents of their submittal shall be valid for a period of 120 calendar days from the due date of submittals. The term of this contract will be for five years. 1.5 Schedule The following is the schedule for this procurement: Activity Date Request for Qualifications issued March 24, 2025 Request for clarifications form Responders due April 15, 2025, 12:00 pm PDT Request for Qualifications due April 22, 2025, 3:00 pm PDT Interviews if requested by the City TBD Contract awarded by City Council May 28 2025 1.6 RFQ Documents Location https://pbsystem.planetbids.com/portal/47688/portal-home (See WEDS - RFQ 2025.) 1.7 Evaluation of Qualifications and Award of Contract This solicitation has been developed in the Request for Qualifications (RFQ) format for the acquisition of Professional Services on the basis of demonstrated competence and qualifications for the type of services required consistent with the provisions of CA Government Code 4525/4526 and Municipal Code 7.04.050. Accordingly, firms should take note that multiple factors as identified in the RFQ will be considered by the Evaluation Committee. Price is evaluated as part of the evaluation criteria. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council. The selected firm will be required to comply with all insurance and license requirements of the City. END SECTION Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 3 SECTION 2 – INSTRUCTIONS TO RESPONDERS 2.1 Obtaining RFQ Documents and Addenda: RFQ Documents can be found at: https://pbsystem.planetbids.com/portal/47688/portal-home Responders will need to log in and locate this RFQ for all related documents. It is the Responder’s responsibility to check the PlanetBids site regularly to stay current on the documents that are available as this is the primary communication site for this RFQ. 2.2 Responder’s Minimum Requirements – evaluated on a pass/fail basis: A. Experience: The Responder must have at least 15 years’ experience providing civil engineering services for public works projects and a minimum of 25 years providing civil engineering services (inclusive of public/private CE work) as a business. Responders shall outline this experience in Section A of the request for qualifications. B. Related Projects: The Responder must list three (3) projects completed within the last five (5) years’ showing civil engineering related work for a public agency. The firms’ contract price for these projects must be equal to or greater than $150,000 each (design/support costs, not total construction costs). Responders shall outline this experience in Section A of the request for qualifications. C. 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”. Responders may obtain the license after award but must do so promptly as the license will be routed with the contract for final signature. 2.3 Submission of Request for Qualifications: Requests for Qualifications will be electronically received through the Planet Bids electronic platform as provided in this RFQ until the time specified in the schedule. The receiving time date stamp in the electronic PlanetBids system will be the governing time for acceptability of Request for Qualifications. Paper Request for Qualifications, or Request for Qualifications sent by any other means will not be accepted. Failure to register as a Responder to this RFQ process per the instructions in the Request for Qualifications (under “Obtaining RFQ Documents”) may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a Request for Qualifications as being non- responsive or negatively impact the evaluation of a Request for Qualifications. Request for Qualifications files shall be clearly labeled per the instructions provided and submitted electronically. 2.4 Protest Procedures. This section sets forth the protest remedies available with respect to the RFQ process. Each Responder by submitting its RFQ, expressly recognizes the limitation on its rights to protest contained herein, and expressly waives all other rights and remedies. Each Responder agrees that the decisions on any protest, as provided herein, will be final and binding on the protestant. All protests and related statements described in this section shall be submitted for filing to the following email address: Juan.Segoviano@Palmspringsca.gov. A. If any attempts to resolve respondent concerns during the request for clarifications/question and answer period were unsuccessful, protests regarding the RFQ requirements shall be filed only after the Q&A period ends, but no later than five calendar days after the final addendum is issued. Responders may protest the RFQ requirements on the grounds that: 1. A material provision in the RFQ notice is ambiguous to a point that the responder cannot respond to the solicitation, or 2. The RFQ restricts fair and open competition, Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 4 3. Any aspect of the RFQ requirements described herein violates applicable Local, State or Federal law. 4. Protests regarding the RFQ requirements shall completely and succinctly state the grounds for protest and shall include all factual and legal documentation in sufficient detail to establish the merits of the protest. Evidentiary statements, if any, shall be submitted under penalty of perjury. The protestant shall have the burden of proving its protest by preponderance of the evidence. The outcome of the RFQ requirements protest shall be decided on the basis of the written submissions by the Engineering Services Department in conjunction with the City’s Legal Department, whose decision shall be final and binding on the protestant. The City will issue a written decision regarding any protests to the respondent or to each participating respondent. 5. Notwithstanding the existence of a protest, the City may continue the procurement process. The failure of a respondent to file a basis for a protest regarding the RFQ requirements within the applicable period shall preclude consideration of that ground in any future protest related to RFQ requirements. 6. This is the only time a prospective consultant can file a protest over RFQ requirements. 7. The City may issue addenda or extend the RFQ due date to address the issues raised in a requirement related protest. B. Protests Regarding Selection of the Most Highly Qualified Team 1. The City will only consider protest by respondents that submitted RFQs. 2. Respondents may protest the selection of the Most Highly Qualified firm only on the grounds that the City did not comply with RFQ process and procedures. 3. Any protests regarding the City’s decision of Selection of the Most Highly Qualified firm shall be filed within seven calendar days after the selection or recommendation of intent to award of the Most Highly Qualified firm. The City will not accept protests filed after this time period. 4. The City will not entertain protests of RFQ requirements during this stage in the process. 5. The protestant shall file a detailed written statement on the grounds, legal authority, and facts, including all documents and evidentiary statements in support of the protest. Evidentiary statements, if any, shall be submitted under penalty of perjury. The protestant shall have the burden of proving its protests by a preponderance of the evidence. Failure to file a protest within the applicable period shall constitute a waiver of the right to protest the selection of the Most Highly Qualified firm. 6. The City shall issue a written decision regarding the protest within 30 calendar days after the filing of the detailed statement of protest. The decision shall be final and binding on the protestant. 7. The City reserves the right to request information and/or documentation from the selected Most Highly Qualified firm to respond to issues raised in a protest. C. Under no circumstances shall the City be held liable for payment of the protestant’s costs or attorneys’ fees. The City shall not be liable for any damages to the protestant filing the protest or to any participant in the protest, on any basis, express or implied. END SECTION Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 5 SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT 3.1 Request for Clarifications/Questions: A. Questions are to be submitted through PlanetBids vendor portal at the following link: https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the Wastewater RFQ. B. Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFQ. The deadline for all questions is as outlined in the schedule. 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. 3.2 Responders Ethical Behavior: Responders, their representatives, agents, or anyone else acting on their behalf are specifically directed not to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFQ other than as directed below. Contact with anyone other than as directed below will be cause for rejection of a request for qualifications. 3.3 Request for qualifications to Remain Open: The Responder shall guarantee that all contents of their request for qualifications shall be valid for a period of 120 calendar days from the due date of request for qualifications. 3.4 Right to Accept or Reject Request for qualifications: The City of Palm Springs reserves the right to waive any informality or technical defect in a request for qualifications and to accept or reject, in whole or in part, any or all request for qualifications and to cancel all or part of this RFQ and seek new request for qualifications, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City. 3.5 Responsibility of Responder: All firms responding to this RFQ 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 RFQ without an authorized signature, falsified any information in the request for qualifications package, etc.), the request for qualifications shall be rejected. 3.6 Insurance: Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFQ. The successful Responder will be required to comply with these provisions. It is recommended that Responders have their insurance provider review the insurance provisions BEFORE they submit their Request for Qualifications. 3.7 Public Record: A. All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 7921 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 7922 during the negotiation process, may be made public after the City’s negotiations are completed, and Staff has agendized the recommendation to the City Council for the award of a contract to a specific firm, but before final action is taken by the City Council to award the contract. B. Although the California Public Records Act (“CPRA”) recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a Request for Qualifications is a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” Proprietary,” or any other similar designation, the Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 6 City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction. C. If a submitting party contends that a portion of the Request for Qualifications 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 Request for Qualifications 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 Request for Qualifications or other information or documents submitted to the City as part of this RFQ process. The City may not recognize Request for Qualifications where all the information, via a blanket statement, is submitted as proprietary information or a trade secret. Such Request for Qualifications may be found non- responsive. 3.8 Cost Related to Request for Qualifications Preparation: The City will NOT be responsible for any costs incurred by any firm responding to this RFQ in the preparation of their Request for Qualifications or participation in any presentation if requested, or any other aspects of the entire RFQ process. 3.9 Compliance with Law: Responder warrants that all services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. 3.10 Licenses, Permits, Fees and Assessments: Responder represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this RFQ. Responder represents and warrants to City that Responder shall, at its sole cost and expense, keep in effect at all times during the term of the Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Responder to perform the Work and Services under the Agreement if so awarded. Responder shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the Responder’s performance of the Work and Services required under the Agreement if so awarded. Responder shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. 3.11 Investigations: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFQ 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 Request for Qualifications if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. 3.12 Non-Collusion: The undersigned, by submission of this procurement form, hereby declares that this Request for Qualifications is made without collusion with any other business making any other Request for Qualifications, or which otherwise would make a Request for Qualifications. Responder must execute an Affidavit of Non-Collusion provided as Attachment “B” in the RFQ and include it with their Request for Qualifications. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 7 3.13 Signed Request for Qualifications and Exceptions: Submission of a signed Request for Qualifications will be interpreted to mean that the firm responding to this RFQ has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Qualifications, and any attached sample agreement. Exceptions to any of the language in either the RFQ documents or attached sample agreement, including the insurance requirements, must be requested under the request for clarifications/questions process by the deadline for questions. Any requested changes to the contract will be considered at that time and if changes are allowed, they will be sent out through an Addendum to all Responders. Exceptions to the City’s RFQ document or standard boilerplate language, insurance requirements, terms, or conditions, etc. may only be considered during the early stage of the solicitation process; and shall not be included in the submitted Request for Qualifications. The City makes no guarantee that any exceptions will be approved but will consider any requests put forward in the request for clarification/question process. 3.14 Award of Contract: It is the City’s intent to award a contract to the firm or firms that can provide all of the scope of work tasks identified in the RFQ document. However, the City reserves the right to award multiple contracts, 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. 3.15 Form of Agreement: A. The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Professional Services Agreement (see Section 8). Please note that the exhibits are intentionally not complete in the attached sample standard document. These exhibits will be negotiated with the selected firm and will appear in the final Professional Services Agreement executed between the parties. B. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Responder refuses or fails to execute the Agreement, or negotiations are not successful, or the Agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Responder, and so on. C. We specifically draw your attention to the language in the sections of the sample contractual agreement attached entitled “Conflict of Interest” and “Covenants Against Discrimination” and recommend all firms carefully consider these contractual requirements prior to submitting a request for qualifications in response to this RFQ. Firms that submit a request for qualifications in response to this RFQ shall certify the following: D. Conflict of Interest. Responder acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Responder enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Responder warrants that Responder has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. E. Covenant Against Discrimination. In connection with its performance under this Agreement, Responder shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Responder shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Responder certifies that its actions Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 8 and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Responder activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Responder is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. END SECTION Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 9 SECTION 4 – SCOPE OF WORK 4.1 Background: The City utilizes qualified professionals to provide On-Call Wastewater Services for various projects ranging from, improvement to treatment process, upgrades to existing facilities and planning and cost estimating for existing and future projects. The City recognizes that the key to a successful Engineering Services Department is a good design and support team. The purpose of this contract is to retain consultants possessing the skills and experience the City needs to deliver on-call wastewater engineering services. This work will be provided on an on-call as-needed basis, and no amount of work is guaranteed. The contract value is based on an estimate only and not reflective of the actual amount of work that may or may not be performed. The City will issue Task Orders to the Consultant to provide the requested services associated with each project, as the need occurs for such services. Work will be performed on either a lump sum or cost- plus fixed fee basis as defined in each task order. All proposals must be made on the basis of the requirements contained herein. Individual tasks may require supervision, consultants, materials, equipment and supplies necessary to complete any services required. All services shall be performed in compliance with industry and professional standards and all applicable federal, state, and local laws, ordinances and regulations including Americans with Disabilities Act (ADA), Greenbook, Regional Water Quality Control Board (RWQCB), US EPA, and the rules and ordinances of the County of Riverside and the City of Palm Springs. 4.2 Scope: It will be the responsibility of the successful firm(s) to determine the necessary staffing level required to perform the scope of service as may be required for a project when assigned. The City will not provide dedicated workspace or office space, city staff or city resources, printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. The City may assign projects at its sole discretion. Responsibilities may include, but are not limited to, the following: A. Improving wastewater infrastructure, such as pipelines and manholes. B. Treatment process optimization and upgrade of facilities. C. Assess the impacts of emerging contaminants in source waters on water and wastewater treatment plant compliance and public health. D. Preparation of Contract Documents for bidding purposes including final plans, specifications, cost estimates, constructability reviews to determine contract duration, and necessary addenda. E. Construction support services, including review and approval of shop drawings, respond to Request for Information, periodic progress meetings, and field consultation as necessary. Provide specialty construction engineering observations as requested. F. Environmental clearance for CEQA/NEPA. G. Other duties as requested by the City Engineer. 4.3 Work Allocation The selected firm shall perform no less than fifty-one percent (51%) of the total work effort under the tasks requested. Any exceptions to this requirement must be submitted in writing to the City for approval, with detailed justification. The City, at its sole discretion, may approve or deny any such exception. The Consultant shall maintain accurate records of work performed and shall provide such records to the City upon request. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 10 4.4 Schedule: Work will commence on issuance of individual task orders and the task orders will define the schedule for the work. 4.5 Compensation: Work will be authorized under individual task orders and will be compensated on either a lump sum or cost- plus fixed fee basis utilizing the hourly rates, approved overhead and fee/profit included in the contract. Contract pricing in each task order shall include all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City. There is no specific amount of work guaranteed as this is an on-call contract. END SECTION Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 11 SECTION 5 – REQUEST FOR QUALIFICATIONS FORMAT AND ORGANIZATION 5.1 Request for Qualifications Requirements: The firm’s Request for Qualifications should describe the methodology to be used to accomplish the project objectives. The Request for Qualifications should also describe the work which shall be necessary in order to satisfactorily complete the described requirements. 5.2 Electronic Submittal Package Format: Firms are requested to format their Request for Qualifications so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 below. The Request for Qualifications must be in an 8½ X 11 format, minimum 11pt font size, minimum ¾” margins, and may be no more than a total of 20 electronic pages, including cover letters, organization charts, and appendices. NOTE: Front and back Covers, dividers, attachments (including resumes) and Addenda acknowledgment do NOT count toward the limit (everything else does). Responders must provide the information identified below. All such information shall be presented in a format that directly corresponds to the numbering scheme identified here. The electronic submittal package shall be clearly marked as per the instructions above and shall include the Sections A, B, C, D and E below: Section A. Firm/subcontractors Qualifications and Experience including references. A.1 Please provide a description of the services that your company has provided in other cities or public entities, how long you have been in operation, and any unique features of the services you offer. Please also include how you meet the minimum requirements that will be scored on a pass- fail basis. A.2 Indicate the name of any sub-contractor firms or contractors that will be utilized to make up your team. Describe each subcontractor’s qualifications, background, and specific expertise that they bring to the project. A.3 The selected Consultant shall demonstrate familiarity of providing services for civil engineering related projects and has a clear understanding of all applicable and current edition at the time of assigned project - federal, state, and local laws, ordinances and regulations including Americans with Disabilities Act (ADA), Greenbook, Caltrans, California Manual on Uniform Traffic Control Devices (MUTCD), California Regional Water Quality Control Boards (RWQCB), and the rules and ordinances of the County of Riverside and the City of Palm Springs. A.4 Provide information and references requested in Section 2.2B – Related Projects. A.5 In addition to the form, in this section of your proposal please provide any additional information that would explain in more detail the work undertaken with the references provided and any other material information you would like the City to know about your work for that reference that is relevant to the work described in this RFQ. Section B. Staff/Teams qualifications and experience including References. B.1 The Responders to a description of how they plan to staff the various projects. B.2 Identify availability of resources to respond to the needs of the City under an on-call arrangement as outlined in the scope of work. B.3 List the name, years of experience, years with company, and summarize qualifications/experience of each key staff/team member. B.4 Provide an organization chart. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 12 B.5 Provide information of related projects the key staff have worked on that would make them well suited for this contract. B.6 The respondent should list any organizations they plan to partner with to implement the scope of work. Section C. Demonstrated understanding of the overall project and requested scope of work. C.1 Proposed Approach for Implementing the Scope of Work. Please describe how you would approach the Scope of Work for the City of Palm Springs. This would include how you would address or enhance the tasks in the Scope of Work and how you would partner with the City to implement the service. C.2 Discuss your team’s experience with state and federally funded projects and the procedural requirements of managing projects to comply with state and federal regulations. C.3 Include a discussion on your approach to coordination efforts with City Staff, Caltrans, CVAG, RWQCB, local agencies, utility companies, other regulatory, or permitting agencies involved with the projects. C.4 Discuss how your team will identify project problems, issues or conflicts that need to be resolved and the general approach to resolving them and how your team has handled unforeseen problems on projects in the past, including any innovative or advanced techniques your team has developed. C.5 Discuss your team’s approach to project controls to track project progress and expenditures, maintain critical contract documents, administer, and monitor contracts and maintain critical project information. C.6 Anything else the City should consider as part of this process. Responders should provide any insights or advice they feel may assist the City in implementing the Scope of Work. Section D. Financial Responsibility D.1 Please provide a statement explaining the financial health of your company that demonstrates the ability to contract for the work described in this RFQ. Section E. Forms (Attachments): - Include the following completed forms with your RFQ A. Completed Signature Authorization and Addenda Acknowledgment B. If applicable, your specific request for Local Preference and a copy of a valid business license from a jurisdiction in the Coachella Valley. C. Completed Affidavit of Non-Collusion. D. Completed No Conflict of Interest and Non-Discrimination Form E. Completed Public Integrity Business Disclosure Form F. Complete the Reference Form G. Complete Executive Order N-6-22 Certification H. Fee Schedule Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 13 Section F. Fee Schedule Provide a Fee Schedule on the form provided (Attachment H) that establishes specific fixed hourly rates, for each class of employee engaged directly in the work. Such rates of pay include the Respondents estimated costs and net fee (profit). Federal regulations require that profit be separately negotiated from contract costs. The specific rates of compensation are to include an hourly breakdown, direct salary costs, fringe benefits, indirect costs, and net fee. Other direct costs may be included, such as travel and equipment rentals, if not already captured in the indirect cost rate. Rates used shall be auditable and reflect actual supportable costs. 5.2 Submission of RFQ One electronic file shall be uploaded to the PlanetBids vendor portal at the following link: https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the Wastewater RFQ. All submissions must be time and date stamped by the system as being received by the deadline. Late submissions will be rejected. Request for Qualifications not meeting the above criteria may be found to be non- responsive. END SECTION Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 14 SECTION 6 – REQUEST FOR QUALIFICATIONS EVALUATION 6.1 Evaluation of Request for Qualifications: This solicitation has been developed in the RFQ most qualified firm format. Accordingly, firms should take note that multiple factors as identified in the RFQ will be considered by the Evaluation Committee to determine which Request for Qualifications best meets the requirements set forth in the RFQ document. An Evaluation Committee, using the following evaluation criteria for this RFQ, will evaluate all responsive Request for Qualifications to this RFQ. Firms are requested to submit their Request for Qualifications so that they correspond to and are identified with the following specific evaluation criteria (100 total points possible): Criteria Points Minimum Requirements: Required Experience Pass/Fail Firm’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ, including References 20 Staff / Team’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ 15 Demonstrated Understanding Overall project and Scope of Work: Capability of developing innovative or advanced techniques. Demonstrated Technical ability. Familiarity with state and federal provisions. 50 Local Status (5 local / 0 not local) 5 Financial Responsibility 5 Fees/Costs 5 Total* 100 Prior City work - If your firm has prior experience working with the City do not assume this prior work is known to all members of the evaluation committee. All firms are evaluated on the information contained in their Request for Qualifications, information obtained from references (including the city and past performance if applicable), and presentations if requested. All Request for Qualifications should be prepared as if the evaluation committee members have no knowledge of the firm, their qualifications, or past projects. *Interviews – The City reserves the right to interview top ranking responders. If interviews are required, the responders invited to interview will be notified in advance and provided a format and time for the interviews. An additional 25 points will be used to score the interview based on the same criteria listed in the RFQ. The 25 points will be prorated in the same proportion as the Request for Qualifications scoring listed in the table above. 6.2 Selection Process and Award of Contract: Selection will be made by totaling the points for the Request for Qualifications and interviews if required. Since this is on-call work and therefore no cost proposal can be obtained at this time, the Responder(s) with the highest number of points will be recommended for award assuming the rate schedule submitted represents fair and reasonable rates to perform future task ordered work. If the fee schedule is not reasonable, the process may continue with the next highest ranked Responder. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council or City Manager depending on value. The selected firm will be required to comply with all insurance and license requirements of the City. END SECTION Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E EXHIBIT “C” CONSULTANT’S PROPOSAL Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E webbassociates.com Proposal to Provide ON CALL WASTEWATER ENGINEERING DESIGN SERVICES April 22, 2025 WEDS-RFQ 2025 951.686.10703788 McCray Street Riverside, CA 92506 Prepared for: City of Palm Springs Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Table of Contents Cover Letter ..............................................................................2 A. Firm/Subcontractors Qualifications and Experience .........3 B. Staff/Teams Qualifications and Experience ........................7 C. Demonstrated Understanding of Overall Project and Scope of Work ........................................................................................16 D. Financial Responsibility .....................................................19 E. Forms (Attachments) ..........................................................20 F. Fee Schedule ......................................................................31 G. Resumes ............................................................................35 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 2CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES April 22, 2025 City of Palm Springs Attn: Juan Segoviano Engineering Services Department P.O. Box 2740 Palm Springs, CA 92263 RE: QUALIFICATIONS FOR WEDS-RFQ 2025 ON CALL WASTEWATER ENGINEERING DESIGN SERVICES Dear Mr. Segoviano, Keeping wastewater systems compliant and operational in Palm Springs means navigating a complex web of regulations without missing a beat. Albert A. Webb Associates leverages our deep mastery of ADA, Greenbook, Caltrans, MUTCD, RWQCB, and local Palm Springs and Riverside County ordinances to ensure your projects move through review cycles swiftly and without costly rework. Key Highlights of Our Proposal: Regulatory Mastery for Zero-Delay Deliverables We embed the latest federal, state, and local standards into every plan set - so you avoid back and forth with reviewers and keep construction on schedule. On-Call Agility to Keep Your Systems Flowing From emergency pipeline repairs to CEQA support, our team maintains defined staffing levels and rapid mobilization protocols so that critical wastewater services are restored or optimized without delay. Local Roots, Holistic Delivery With decades of service in Riverside County and an integrated civil environmental construction support model, we understand Palm Springs’ unique permitting pathways, terrain challenges, and stakeholder landscape—ensuring seamless project delivery under one coordinated umbrella. Enclosed is our complete Request for Qualifications response. We have addressed all scope elements and evaluation criteria, and provided the required attachments. We look forward to discussing how Albert A. Webb Associates can deliver on call wastewater engineering design services that exceed the City’s expectations. Please feel free to contact me at brian.knoll@webbassociates.com or 951.686.1070 with any questions. Sincerely, Brian Knoll, PE Chief Operations Officer brian.knoll@webbassociates.com 951.686.1070 3788 McCray Street, Riverside, CA 92506 | P:951.686.1070 | F:951.788.1256 | www.webbassociates.com COVER LETTER Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 3CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES A. FIRM/SUBCONTRACTORS QUALIFICATIONS AND EXPERIENCE WEBB OVERVIEW Albert A. Webb Associates (WEBB) has been a trusted provider of civil engineering services to public sector clients across California since 1945. Our longevity reflects a foundation of financial stability and adaptability through decades of evolving economic landscapes. As a mid-sized consulting firm with offices in Riverside and Murrieta, WEBB is strategically positioned to serve the diverse needs of our clients effectively. We offer comprehensive in-house professional services, bringing decades of experience to public and private sector clients throughout Inland Southern California. Our team specializes in addressing the unique challenges faced by cities, water and special districts, counties, regional agencies, and industry partners. From project development and planning to design, entitlement, funding assistance, permitting, construction management, and inspection, our services span the entire project lifecycle. WEBB’s enduring legacy, financial strength, and dedicated team of experts make us the preferred partner for public sector entities in California. We are committed to delivering excellence, ensuring the success of every project, and fostering lasting professional partnerships. WEBB brings eighty years of experience delivering civil engineering and public works projects across California. We maintain a current City of Palm Springs business license, ensuring immediate compliance with the RFQ’s minimum requirements. Corporate Headquarters 190+40+ 3788 McCray Street Riverside, CA 92506 951.686.1070 Number of Associates Licensed Professionals Engineering & Planning Excellence Since 1945 WEBB offers the following services: Construction Management & Inspection Environmental Services Land Development Engineering Land Development Planning & Entitlement Land Survey & Mapping Landscape Architecture Traffic & Transportation Water Resources Learn more by visiting webbassociates.com/services Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 4CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES SUB-CONSULTANTS EXPERIENCE PROVIDING CIVIL ENGINEERING SERVICES Knowledge, experience, and responsiveness are key elements of a dedicated team, and are needed to meet and exceed the goals and expectations for any project. WEBB’s team of professionals will deliver these key elements to your projects. WEBB’s long history of experience with civil engineering for wastewater facilities and associated capital improvement projects is combined with the individual expertise brought to the company by those who have come to WEBB with their own project and knowledge base. In every project, we actively monitor and integrate the latest editions of all applicable laws and ordinances, including those governing the County of Riverside and the City of Palm Springs. Our rigorous internal compliance reviews and regular training sessions ensure that our methodologies remain current and effective. This commitment to regulatory excellence not only demonstrates our familiarity with the required standards but also guarantees that our project designs and implementations uphold the highest levels of safety, accessibility, and environmental stewardship. AQUA Engineering Wastewater Engineering 800.637.0787 Relationship with WEBB: 17 Years AQUA is a civil engineering firm specializing in municipal engineering, water and wastewater treatment design, water resources, and environmental services. AQUA is headquartered in Bountiful, Utah with a new location in Denver, Colorado, and has provided quality services to clients throughout the west. As one of the region’s leading civil engineering firms, they are qualified, responsive, and highly experienced in the design, operation, and maintenance of water and wastewater treatment facilities. Kleinfelder Structural Engineering and Geotechnical Engineering 951.801.3681 Relationship with WEBB: 15 Years Kleinfelder will provide structural engineering and geotechnical services for the WEBB Team. Kleinfelder’s structural engineering services are delivered by a multi-disciplinary team of experts to various public agencies and private companies. During the past 25 years, their experienced structural engineers have gradually adapted to changing technology, codes, and standards. Kleinfelder’s structural design is fully integrated with technology using the most recent software developments such as BIM (Building Information Modeling), SAP 2000, Larsa 4D Bridge Plus, and others. Kleinfelder’s geotechnical engineering services are founded on responsive personal attention and delivery of technical excellence. SKM Engineering Electrical Engineering 801.677.0011 Relationship with WEBB: 17 Years SKM Engineering (SKM) will provide electrical engineering services for the City’s projects. SKM is a premier electrical engineering firm specializing in SCADA (supervisory control and data acquisition), telemetry, and electrical and control design. They employ a staff of highly trained electrical engineers with extensive experience in electrical design, instrumentation and controls, and PLC and HMI programming and design services. Their focus on wastewater systems provide clients with extensive process knowledge and understanding of supportive facilities (i.e. life stations). Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 5CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES RELEVANT PROJECT EXPERIENCE The firm was responsible for all aspects of the project, including preliminary engineering, environmental documentation and compliance, survey and mapping, final facility design, bidding, construction management, inspection, and NPDES permitting. The upgrades to the City’s existing facility included the design of new headworks screening units, the addition of an activated sludge extended aeration basin, an MBR treatment system, an upgraded UV disinfection system, sludge dewatering screw presses, flow monitoring and sampling, electrical and controls upgrades, and all appurtenant process and yard piping. Imperial Wastewater Treatment Plant Expansion (2.4 MGD) City of Imperial-Public Works Client Contact: Christopher Kemp, Chief Wastewater Operator City of Imperial - Public Works 420 South Imperial Avenue Imperial, CA 92251 760.457.5772 / ckemp@cityofimperial.org Date Performed: 2018 - 2022 Team Members: Brian Knoll, Justin Logan, PE, Shane Bloomfield, PE, Mark Jeppsen, PE Design Fee: $2 million, Construction Cost: $21 million Change Order Percentage: 1.5% Lift Station 80-03 is undergoing an upgrade aimed at enhancing storage capacity, reliability, and overall functionality. The existing components, aside from the main concrete structure, have exhausted their useful lifespan. The revitalization initiative involves the installation of increased storage capacity, state-of-the-art pumps, advanced odor control, a modern electrical building, and enhancements to the site access driveway. Furthermore, the project addresses critical aspects such as emergency standby electrical power, automation, redundancy, SCADA control, flow equalization, capacity optimization, and operational efficiency. The WEBB Team created a technical memorandum, which evaluates three distinct lift station alternatives. These alternatives encompass the integration of a new 12-FT diameter wet well, the establishment of a new dry pit/wet well system, and the rehabilitation of the existing dry pit/wet well configuration. Lift Station 80-03 Coachella Valley Water District Client Contact: Armando Rodriguez, PE Engineering Manager Coachella Valley Water District 75-525 Hovley Lane East Palm Desert, CA 92211 760.398.2661 / arodriguez@cvwd.org Date Performed: 2022 - Ongoing Team Members: Shane Bloomfield, Brad Sackett, Stephanie Standerfer, Kleinfelder Fee: $584,000 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 6CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES WWTP Expansion and Upgrade: The existing wastewater treatment plant (WWTP) required expansion and upgrades to accommodate increasing demands. At the time of the project, the plant was treating over 75% of its permitted capacity, necessitating the initiation of the expansion process. Additionally, updated requirements in the Regional Water Quality Control Board’s Basin Plan mandated that the City begin reducing TDS discharged from the plant. WEBB conducted a comprehensive feasibility study to identify the optimal approach for expanding and upgrading the facility. The recommended WWTP upgrades included additional headworks screening, flow equalization, grit removal, fine screens, membrane bioreactor (MBR) technology, reverse osmosis, biosolids dewatering, and drying systems to enhance plant performance and regulatory compliance. Brine Line - Final Design: Brine disposal was a critical component of this project and essential for compliance with the Basin Plan. A feasibility study determined that connecting to the Inland Empire Brine Line (IEBL) was the most viable option due to its cost efficiency and operational reliability. The final design included a 12-inch brine pipeline extending approximately 23 miles from the City’s wastewater treatment plant (WWTP) to the City of San Bernardino’s WWTP on Waterman Avenue. Albert A. Webb Associates (WEBB) also led the complex permitting process, working closely with Riverside County, San Bernardino County, the City of Redlands, the City of Loma Linda, and the City of San Bernardino. Beaumont Treatment Plant Expansion (6 MGD), Salt Mitigation, and Recycled Water City of Beaumont Client Contact: Thaxton Van Belle, General Manager Utilities City of Beaumont 550 East 6th Street Beaumont, CA 92223 951.572.3195 / tvanbelle@beaumontca.gov Date Performed: 2016-2021 Team Members: Brian Knoll, PE, Justin Logan, PE, Shane Bloomfield, PE, Mark Jeppsen, PE, Eric Ng, PE, SE Autumn DeWoody Design Fee: $6 million, Construction Cost: $90 million Change Order Percentage: 2% Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 7CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES B. STAFF/TEAMS QUALIFICATIONS AND EXPERIENCE Collaborative Partnerships WEBB has built a team of trusted and highly experienced partners to deliver comprehensive services for wastewater treatment projects, including AQUA Engineering, Kleinfelder, and SKM Engineering. These partnerships bring together some of the leading experts in wastewater process design, structural engineering, and electrical/SCADA systems, providing the City with seamless, multidisciplinary solutions. AQUA Engineering, a firm known for its expertise in wastewater treatment facility design, has collaborated with WEBB on multiple California projects, delivering process optimization, facility design, and construction support. Led by Justin Logan, PE, and Boris Petkovic, PE, AQUA offers deep technical knowledge and hands-on experience in water and wastewater engineering across the western U.S. Kleinfelder brings over 25 years of structural and geotechnical engineering experience, with services tailored to wastewater treatment infrastructure. Having partnered with WEBB for more than 50 years, Kleinfelder’s multi- disciplinary team, led by Eric Ng, PE, SE, and Christina Nishimoto, PE, SE, has a proven track record of integrating the latest technologies like BIM and SAP 2000 into structural designs to ensure durability and compliance with current codes and standards. Eric Noel, PE, GE and Joel Metcalf, PG, CEG, bring over 30 years experience each in geotechnical engineering services tailored to wastewater treatment and infrastructure projects. SKM Engineering rounds out the team by providing specialized electrical and SCADA expertise. With Mark Jeppsen, PE, as Principal Engineer, SKM offers extensive experience in control system design, PLC programming, and HMI integration, ensuring reliable, secure, and efficient facility operations. SKM’s deep understanding of wastewater systems and telemetry ensures seamless electrical integration and real-time system monitoring for optimized plant performance. Together, WEBB and these key partners offer comprehensive, reliable solutions to meet the City’s unique needs for projects of any size. A Decade of Engineering Excellence and a Vision for Sustainable Water Management Our collaborative spirit with partners like AQUA Engineering, SKM, and Kleinfelder has been instrumental in pushing the boundaries of traditional wastewater management projects. Over the past decade, we have embarked on several pioneering projects together, including upgrade/expansion projects at the City of Beaumont, WRCRWA, and City of Imperial, setting new benchmarks in the industry and paving the way for our future endeavors. The Combination of Expertise These partnerships are more than an engineering achievement; it results in nearly two decades of trust and teamwork among the four partners. Our roles in this are expansive, from conducting comprehensive field investigations to managing the intricate design and construction stages. Each firm’s involvement leverages unique strengths, ensuring the project’s execution is as innovative as its design. A Future-Focused Collaboration As we look to the future, we are committed to leading the industry in technically excellent, client-focused wastewater treatment design and implementation. Our methodical approach reflects our commitment to precision and innovative solutions that address both current needs and future challenges. Safety WEBB takes pride in programming safety into the facilities we design right from the beginning, with zero tolerance for compromise. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 8CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Safety is a part of each associate’s job at WEBB. WEBB requires that each associate actively participate in and adhere to the safety program. WEBB will make every workplace safe by detecting and correcting unsafe working conditions and work practices because associate safety is a top priority. Our manual contains instructive safety rules and procedures for associates to enhance safety performance on their jobs. It covers many fundamentals of accident prevention and is continually reviewed and revised to ensure best practices are maintained. Project Team WEBB has assembled a highly skilled team to provide on-call wastewater engineering design services to the City that has been consistently working together since 2007. The core of our team is made up of experienced professionals from WEBB, AQUA Engineering, Kleinfelder, and SKM, Inc. Each company brings a unique skill set that when combined together, has created a project team with high level experience, rapid response times, attention to customer service, and innovative cost-effective solutions. Our combined resume includes projects such as: • City of Beaumont Wastewater Treatment Plant Expansion and Salt Mitigation Project • WRCRWA Expansion (14 MGD) • City of Corona WRF #1 Centrifuge and Digester lid replacement and Sludge Storage (6 MGD) • WRCRWA Aeration Upgrade Project (8 MGD) • City of Imperial WWTP (2.5 MGD) • Heber PUD Plant Expansion (1.2 MGD) • City of Riverside Water Quality Control Plant 52 MGD Upgrade/Expansion (site piping, drainage, and grading) • Coachella Valley Water District WRP 10 Headworks Condition Assessment • WRCRWA Digester #3 All of our recent wastewater treatment plant projects have been managed by the same project manager on this team, Brian Knoll, PE. Brian takes the responsibility of coordinating all aspects of the team, maintaining close communication with the owner, and ensuring successful delivery of each project. In addition to consistent project management, our design leads and critical project staff have all worked together on these projects. Justin Logan, PE, is our wastewater process lead, Eric Ng, PE, SE, is our structural lead, Eric Noel, PE, GE and Joel Metcalf, PE, CEG are our geotechnical leads, Mark Jeppsen, PE, is our electrical lead, and Shane Bloomfield, PE, is our expert on site piping, drainage, and grading for treatment plant sites. Our Project Managers Shane Bloomfield, PE, Elizabeth Xiong, PE, and Eric Hays, PE, can be assigned based on their area of expertise as needed. WEBB’s Environmental Services Team, led by Stephanie Standerfer, will also be available to provide support. We utilize our extensive experience, cohesive project team, and cost effectiveness to deliver quality projects to our clients. We encourage the City to contact our references to discuss our past performance. The best indicator of our future performance is our track record. WEBB Team Qualifications The WEBB team offers a comprehensive blend of experience, technical expertise, and operational needs. Led by Brian Knoll, PE, Principal in Charge, our team has successfully delivered planning, design, and construction services for numerous water and wastewater projects across Southern California. Brian’s extensive experience includes managing the expansion and upgrades of large-scale facilities such as the City of Riverside Water Quality Control Plant (26 MGD), the Beaumont Wastewater Treatment Plant Expansion (6 MGD), and the Western Riverside County Regional Wastewater Authority (WRCRWA) 14 MGD Expansion. Our highly qualified team includes multiple Project Managers, each bringing specialized expertise to ensure the successful delivery of future projects under this On-Call contract. Project Managers Shane Bloomfield, PE, Elizabeth Xiong, PE, and Eric Hays, PE have extensive experience in wastewater treatment plant design, site grading, and infrastructure projects. This diversity in leadership ensures that the City will always have access to the right technical expertise, tailored to the specific needs of each project. The WEBB team has a well-established Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 9CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES collaboration with trusted partners such as AQUA Engineering for wastewater process design and Kleinfelder for structural engineering. This multidisciplinary approach allows us to provide seamless project management and innovative solutions that optimize facility performance and ensure compliance with evolving regulations. WEBB’s Qualifications Wastewater Related Projects WEBB has been providing planning, design, and construction support services for wastewater process facilities projects to agencies throughout Inland Southern California for 80 years. A few significant projects completed by WEBB within the last ten years include the Temecula Plant Expansion for EMWD (with CH2M Hill), the Beaumont Wastewater Treatment Plant Expansion and Salt Mitigation Project, WRCRWA Aeration Upgrade, WRCRWA 14 MGD Expansion, Corona Sludge Storage Project, City of Riverside Water Quality Control Plant 52 MGD Upgrade/Expansion (with CDM and B&V), the 2.5 MGD Membrane Bioreactor Wastewater Treatment Plant for City of Imperial, the 2 MGD Wastewater Treatment Plant for Heber public utilities, and the 1 MGD wastewater Treatment Plant for the City of Imperial. WEBB’s Strengths • Long-standing financially stable civil engineering firm since 1945, primarily serving the Inland Southern California • Extensive experience in civil engineering, planning, design, and construction • Professionally licensed in the State of California • Local Inland Southern California references on recent and current projects of similar scope Available Resources • WEBB’s Water Resources Department is comprised of 30 full-time associates with registered engineers specializing in water, non-potable water, wastewater, and stormwater that are ready to assist the City • Multiple disciplinary firm of over 180 associates capable of providing most services in-house and utilizing our bench of trusted subconsultants to supplement additional project needs • Support services in-house to provide project managers support include survey and mapping, traffic and transportation, planning, environmental, landscape architecture and construction management and inspection • AQUA and SKM have over 75 full time associates with registered engineers in CA • Kleinfelder, Inc. has been providing structural design for our wastewater treatment projects for over a decade Key Personnel • Assigned Principal in Charge, Brian Knoll, PE, specializes in the planning, design, construction oversight, and commissioning of wastewater treatment plant projects • Highly qualified discipline leads will be assigned to each project to ensure proper expertise is available • Sub-consultants Justin Logan, PE, of AQUA Engineering is our wastewater process lead, Eric Ng, PE, SE, and Christina Nishimoto, PE, SE of Kleinfelder are our structural leads, Eric Noel, PE, GE and Joel Metcalf, PE, CEG of Kleinfelder are our geotechnical leads, and Mark Jeppsen, PE, of SKM is our electrical lead • Key personnel will be available as proposed for the duration of the project • Project team who has worked together for over 16 years on similar projects • Recent and current projects of similar scope for wastewater treatment projects • Superior quality work, integrity, and long- standing client relationships Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 10CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES PRINCIPAL IN CHARGE Brian Knoll, PE Chief Operations Officer C65690 Brad Sackett, PE Senior Engneer C 65862 Jeff Hart, PE Deputy Director C 70910 Joseph Caldwell, PE, CPESC, CPSWQ, QSD, QSP, CFM Water Resources Practice Leader C 67239 TECHNICAL ADVISORS/ QA/QC WEBB Justin Logan, PE Principal C 73749 Boris Petkovic, PE Senior Engineer C 7439057-2202 (Utah) WASTEWATER PROCESS DESIGN LEAD AQUA CIVIL DESIGN WEBB Shane Bloomfield, PE Senior Engineer C 77435 Elizabeth Xiong, PE Senior Engineer C 94706 Eric Hays, PE Senior Engineer C 77435 ORGANIZATIONAL CHART Full resumes for all key personnel can be found in Section G of this proposal. ENVIRONMENTAL SERVICES WEBB Stephanie Standerfer Vice President Cheryl DeGano Practice Area Leader Autumn DeWoody Senior Environmental Analyst - Water Resources Planning Eliza Laws Air Quality Practice Leader Eric Ng, PE, SE Principal-in-Charge C 43701 SE 3583 Christina Nishimoto, PE, SE Senior Engineer C 73208 SE 6084 STRUCTURAL ENGINEERING KLEINFELDER ELECTRICAL/SCADA SKM ENGINEERING Mark Jeppsen, PE, EE Principal Engineer C 5338864-2202 (Utah) EE 18267 (CA) Ryan Pack, PE SCADA Integration / Quality Control Engineer C 5339734-2202 (Utah) Carolee Hale Electrical Designer GEOTECHNICAL KLEINFELDER Eric Noel, PE, GE Lead Geotechnical Partner C 53513 GE 2506 Joel Metcalf, PG, CEG Lead Geologist GE 5714 CEG 1829 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 11CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Jeff Hart, PE Deputy Director, Water Resources Years of Experience: 25 Years Years with the Company: 2 Years Jeff Hart, Deputy Director of the Water Resources Department at WEBB, leverages his 25 years of public works experience to oversee water resources projects, assign project managers, and ensure high standards are met. He has managed over $800 million in Capital Improvement Projects, working with both public and private sector clients in roles such as City Engineer and Public Works Director. Jeff has led numerous infrastructure projects across Southern California and Nevada, including a $100 million wastewater treatment plant upgrade in Beaumont. His extensive experience spans planning, entitlement, development, and budgeting, ensuring efficient and timely project completion. Joseph Caldwell, PE, CPESC, CPSWQ, QSD, QSP, CFM Practice Area Leader, Water Resources Years of Experience: 23 Years Years with the Company: 23 Years Joseph Caldwell, PE, CPESC, CPSWQ, QSD, QSP, CFM, leads WEBB’s Water Resources Department and specializes in master drainage plans, backbone drainage infrastructure, and water quality systems for flood control projects. A certified expert in erosion, sediment control, and stormwater quality, Joseph is highly skilled in hydrology and hydraulics. His experience includes designing regional flood control basins, levees, and hydrologic modeling of the San Jacinto River, with strong relationships across local agencies to expedite project approvals. Brian Knoll, PE Chief Operations Officer Years of Experience: 24 Years Years with the Company: 24 Years Brian Knoll, PE, is WEBB’s Chief Operations Officer. Brian has been responsible for the design and direction of capital improvement projects throughout southern California. Brian’s expertise lies in planning, design, and construction oversight of water and wastewater facilities. Brian has been involved in numerous large multi-discipline water and wastewater projects including the City of Riverside’s 26 MGD expansion of their water quality control plant, the City of Beaumont’s advanced water treatment facility and brine line, the 14 MGD expansion of the Western Riverside Wastewater Treatment Plant, and the 6 MGD expansion of the Calipatria Water Treatment Plant. He has worked extensively with the City of Imperial, Western Municipal Water District, Golden State Water Company, the City of Corona, Crestline Lake Arrowhead Water Agency, Eastern Municipal Water District, the City of Riverside, and WRCRWA. Brian has also worked closely with other engineering partners such as CDM Smith, Black & Veatch, and CH2M Hill. His macro style in water resources leadership coupled with a practical approach, enhances Brian’s standing within the firm and the industry. Eric Hays, PE Senior Engineer Years of Experience: 23 Years Years with the Company: 13 Years Eric Hays, PE, is a Senior Engineer at WEBB’s Water Resources Department with extensive experience in hydrology, hydraulics, and drainage design. He has prepared preliminary design reports, alternative analysis studies, and designs for flood control and storm drain systems across various project types. Additionally, Eric has a strong background in civil site development and public projects, including site grading, street improvements, sewer plans, bike trails, and water quality management. His expertise also covers survey, construction staking, observation, and support. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 12CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Shane Bloomfield, PE Senior Engineer Years of Experience: 23 Years Years with the Company: 23 Years Shane Bloomfield, PE, is a Senior Engineer with WEBB’s Water Resources Department. Shane specializes in designing public works projects consisting of major pumping plants, groundwater pumping wells, sewer collection system design, wet well rehabilitation, water distribution system design, wastewater treatment plant design, and hydraulic system modeling using various computer models. He has engineering design responsibilities for several projects for public works agency clients, including the City of Ontario, the City of Riverside, Jurupa Community Services District, Eastern Municipal Water District, and Crestline-Lake Arrowhead Water Agency. Elizabeth Xiong, PE Senior Engineer Years of Experience: 8 Years Years with the Company: 8 Years As a Senior Engineer in WEBB’s Water Resources Department, Elizabeth has successfully assisted in project designs ranging from the preliminary stages of a project through the construction phase. Elizabeth has worked on public works projects involving wastewater and water systems, water reclamation, and water and wastewater treatment. Her experience also includes projects involving water distribution and sewer collection systems for tract development, and flood control and water resources. Her responsibilities have included water and sewer pipeline alignment design, hydraulic analysis, pipe thickness design, sewer lift station design, deep well design, utility coordination, local agency permitting, construction document review, and coordinating with outside consultants. Brad Sackett, PE Senior Engineer Years of Experience: 42 Years Years with the Company: 25 Years Brad Sackett, PE, is a Senior Engineer and Project Manager with WEBB’s Water Resources Department. Brad specializes in assisting major public agencies with a wide variety of water resource projects. Clients seek his expertise with pumping facilities, water pipeline design, gravity sewer main design, water and sewer system master plans, hydraulic modeling analysis, and sewer resource plans for Specific Plan Environmental Impact Reports, among other projects. Brad has been instrumental in assisting clients with in-house projects, while representing these agencies with their constituents as an on-site consultant. Throughout Brad’s career, he has been intricately involved in the design, management, and construction support of projects for such clients as Eastern Municipal Water District, Western Municipal Water District, and the cities of Riverside and St. Helena, to name a few. Stephanie Standerfer Vice President Years of Experience: 25 Years Years with the Company: 17 Years Stephanie Standerfer is the Vice President and Director of WEBB’s Environmental Services Department, specializing in CEQA matters for various public and private projects. With extensive experience managing CEQA documents, she excels in navigating compliance challenges, particularly in Inland Southern California. As a contract staff member for the Western Riverside County Regional Conservation Authority, she processed and reviewed the Multiple Species Habitat Conservation Plan and developed training for local agencies. Clients seek her guidance on CEQA and MSHCP strategies, where she adeptly manages diverse teams on both public and private projects while fostering strong relationships with regulatory agencies. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 13CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Justin Logan, PE Vice President - AQUA Engineering Years of Experience: 25 Years Years with the Company: 23 Years Mr. Logan is a Vice President and Principal at AQUA Engineering. Justin leads AQUA’s efforts in water and wastewater treatment. He focuses on treatment facility planning, design and construction projects, with emphasis on providing clients effective and affordable solutions to their individual challenges. Justin has worked on more than 50 treatment facilities, developing his extensive experience with a variety of processes and equipment. His responsibilities include project master planning, facility evaluations, process development, design layout, plant configuration, design efficiency and construction drawing development of water and wastewater treatment facilities Boris Petkovic, PE Principal - AQUA Engineering Years of Experience: 16 Years Years with the Company: 8 years Mr. Petkovic has over 16 years of experience in water resources and wastewater engineering with a focus on wastewater treatment facility design. Boris has established a reputation for his extensive expertise in designing headworks, clarification/sedimentation facilities, biological reactors, tertiary treatment processes, disinfection facilities and biosolids stabilization and handling facilities. Boris has a background in modeling wastewater systems, including mass balance and hydraulic profile modeling and calculations. He also has completed several storm water, culinary water, and wastewater master plans and studies. Cheryl DeGano Environmental Services Practice Area Leader Years of Experience: 39 Years Years with the Company: 24 Years Cheryl DeGano manages the preparation and approval of environmental documents. She has extensive experience in all aspects of these projects, including road improvement and infrastructure projects and is skilled in the analysis of construction noise. Cheryl is known for her strong communication and analytical skills, as well as her collaborative approach to developing solutions for complex projects. Eliza Laws Air Quality Practice Leader Years of Experience: 19 Years Years with the Company: 19 Years Eliza Laws is an Air Quality Practice Leader and manages processing of environmental documents. She has extensive experience with CEQA document preparation for infrastructure projects that include regulatory waters, endangered species, and construction-related noise. With strong communication skills and a collaborative approach, Eliza effectively handles these complex projects and maintains excellent client relationships. Autumnn DeWoody Senior Environmental Analyst - Water Resources Planning Years of Experience: 17 Years Years with the Company: 11 Years Autumn DeWoody is a Senior Environmental Analyst at WEBB’s Environmental Services Department, specializing in planning documents for water, wastewater, and drainage clients. She provides jurisdictional delineations, regulatory permitting, mitigation solutions, grant research, and application services, and supports CEQA practitioners on biology, hydrology, and water quality. Certified as a Level 1 Water Audit Validator and a former CPSWQ, Autumn has been WEBB’s primary expert on Water Supply Assessments and Urban Water Management Plans since 2015. She also leads Municipal Service Review and Sphere of Influence updates for LAFCOs. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 14CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Eric Noel, PE, GE Lead Geotechnical Engineer- Kleinfelder Years of Experience: 34 Years Years with the Company: 34 Years Mr. Noel has 34 years of project management and technical experience for various government and private industry clients, including hospitals, parking structures, large industrial complexes, pavements, storage tanks, bridges, commercial and residential developments, and pipelines. He performs and oversees analyses of shallow and deep foundations, compressible and expansive soils, surcharge fills, slope stability studies, deep excavations and shoring, and liquefaction potential. Responsibilities include project management, preparation of proposals, coordination of field and laboratory work, engineering analyses and report preparation for investigations. In addition, Mr. Noel has supervised field staff for geotechnical observation and testing projects, environmental sampling projects, and materials special inspection projects. Joel Metcalf, PG, CEG Lead Geologist - Kleinfelder Years of Experience: 36 Years Years with the Company: 6 Years Mr. Metcalf has 36 years of experience executing engineering geology investigations for commercial clients and government agencies. He has a wide range of geo-engineering experience on projects for powerlines, pipelines, dams, tunnels, roads, and mines. Mr. Metcalf specializes in terrain analysis and geomorphology studies using aerial imagery and LiDAR and has performed field mapping to delineate landforms and geo-hazards, including faults, landslides, debris flows, wetlands, glacial till, surficial deposits, and bedrock, to understand the impact of these features and processes on the built environment. Mr. Metcalf is experienced in borehole drilling including rock core drilling, borehole geophysics, and the installation of borehole instrumentation including vibrating wire piezometers, inclinometers, and extensometers. Eric Ng, PE, SE Principal - Kleinfelder Years of Experience: 38 Years Years with the Company: 31 Years Mr. Ng has over 38 years of professional experience in structural engineering and a design background encompassing structures constructed with construction materials such as reinforced concrete, reinforced masonry, structural steel, aluminum, and wood. His project experience involves retrofit or new design of numerous reservoirs (concrete and steel), potable water and wastewater pump stations, dam outlet towers, industrial tilt up and masonry buildings, hospitals, schools, fire stations, water, and wastewater treatment plants, and residential buildings. Christina Nishimoto, PE, SE Project Manager - Kleinfelder Years of Experience: 18 Years Years with the Company: 18 Years Ms. Nishimoto has 18 years of experience in structural engineering specializing in water/wastewater structure design and construction support services. Experience includes working with steel, concrete, masonry, and timber structures and applicable governing codes. She is proficient in design and analysis of water storage tanks, flow control facilities, pump stations, retaining walls, and vaults as well as managing multidisciplinary teams overseeing the preparation of reports, design drawings, and cost estimates. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 15CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Mark Jeppsen, PE Principal Engineer - SKM Engineering Years of Experience: 25 Years Years with the Company: 25 Years Mr. Jeppsen is an electrical, instrumentation and controls engineer with 21 years of experience in power design, controls engineering, process and instrumentation design, industrial network design, construction oversight, radio and telemetry systems, SCADA system design and integration and PLC and HMI design and integration. He has designed and integrated multiple potable water, secondary water, water treatment, wastewater collection and wastewater treatment systems. Design tasks include facility power, motor power and control, SCADA systems, instrumentation selection and control, process and instrumentation diagrams, communications networks and systems, control loop diagrams and descriptions. Integration tasks include control and PLC panel design and construction, PLC, OIT and HMI programming and commissioning, radio system integration and testing, instrument calibration, automated reporting systems and operator training and documentation. Carolee Hale, EE Electrical Designer - SKM Engineering Years of Experience: 7 Years Years with the Company: 7 Years Ms. Hale is an electrical designer with SKM. She has successfully overseen the design process for multiple projects primarily for the water and wastewater industry. She has worked with electrical utilities such as Southern California Edison (SCE) and Rocky Mountain Power (RMP) to establish new service for new facilities. She has been in charge of the development of electrical, instrumentation and process control specifications. She has developed control panel drawings for motor controllers, programmable logic controllers and network cabinets. Ms. Hale plays a key role at SKM in project management and CAD coordination for various projects. She participates in client coordination meetings to insure that what is delivered is in the best interest of the client. She works closely with process, mechanical, civil and other electrical engineers to coordinate the electrical, instrumentation and controls design. She oversees the CAD designers in their implementation of the design drawings for each project. During construction, she has helped respond to RFI’s, review submittals and oversee the implementation of record drawings. Ryan Pack, PE Principal- SKM Engineering Years of Experience: 24 Years Years with the Company: 24 Years Mr. Pack has experience with many components of SCADA and controls. He has worked with controls as simple as relay logic and PID loop controllers thru complex radio controlled SCADA systems. He has worked with many different programmable logic controllers and Operator interfaces including Allen Bradley, Control Microsystems, GE, Koyo, Modicon, Siemens, and others. He has utilized many software packages for human machine interface including Allen Bradley, GE Proficy (Intellution), Wonderware, and National Instruments Lookout. He has designed and installed new systems, replaced old systems, and expanded existing control systems. Mr. Pack has worked with many communications systems including radio, fiberoptics, ethernet, serial, and proprietary communications systems such as controlnet and profibus. He has conducted numerous path studies, for both licensed and non-licensed radio communications systems. He has designed and installed radio telemetry systems with over 50 remote sites. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 16CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES C. DEMONSTRATED UNDERSTANDING OF OVERALL PROJECT AND SCOPE OF WORK Our team is made up of experts who cover all aspects of work anticipated under this on-call contract. We have designed complete advanced water reclamation facilities utilizing the same treatment processes employed by the City. Webb also designs water, sewer, and recycled water infrastructure throughout the service areas. WEBB has extensive experience, including multiple projects improving and rehabilitating wastewater infrastructure. WEBB is uniquely positioned to better assist the City with Environmental support in-house. Our partner, AQUA Engineering, is a recognized expert in the field of wastewater treatment planning and design with hundreds of projects successfully completed throughout the western United States. AQUA was a pioneer in implementing MBR treatment at wastewater treatment plants and has also designed more advanced treatment systems for salt reduction utilizing RO systems. SKM, Inc. is our electrical and controls group. Their expertise resides in designing the power and instrumentation for treatment facilities as well as programming and implementing complete SCADA systems. SKM is sought after for its expertise in understanding how treatment facilities operate and being able to successfully integrate all aspects together. They are the preferred integrator for Neuros Blowers. Kleinfelder, Inc., is our structural engineer for all of our treatment plant projects. Kleinfelder’s team provides high-level expertise in designing water-bearing structures that not only meet code requirements but are also constructible. We often also utilize Kleinfelder’s geotechnical investigation and engineering team for our plant projects due to their quality of work and expertise in understanding the unique requirements of treatment plant structures. This team has been consistently working together to deliver treatment plant and wastewater infrastructure projects since 2007 and has successfully delivered projects such as: • City of Beaumont Advanced Water Reclamation Facility Upgrade/Expansion Project, which included a complete replacement of the biological treatment with new aeration basins and adding MBR followed by RO treatment and new UV disinfection. Also included were new sludge thickening and dewatering facilities. Brine from the desalter is discharged in a new 23 mile pipeline. This was a $100 million project delivered from conceptual planning to commissioning by this same team. • WRCRWA Water Reclamation Facility Upgrade/Expansion Project, which included the addition of new headworks screening, primary clarifiers, EQ basin, second bioreactor, secondary clarifier, tertiary filters, and new chlorine contact basin. On the solids side, existing aerobic digesters were converted to anaerobic, and sludge thickening, dewatering, and solids drying were added. Odor scrubbers were added to treat foul air from the primary clarifiers, EQ basin, headworks, and dryer. This was a $75 million project delivered from conceptual planning to commissioning by this same team. • Moulton Niguel Water District Salinity Management System is currently in design and includes adding UF and RO treatment to the District’s Regional WRF. This project will reduce TDS in the recycled water to basin plan and end user requirements. This project is being delivered as a Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 17CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES progressive design build with W.M. Lyles Construction with a budget of $40 million. • City of Corona and WRCRWA have several smaller projects being completed by our team, including centrifuge replacement, MCC and switchgear replacements, odor control, aeration upgrades, blower replacements, recycled water pumping improvements, digester cleaning/ repairs, SCADA upgrades, permitting tasks, and construction management. The strength of our team is applying our expertise in all aspects of treatment plant planning, design, and commissioning to develop innovative solutions. We always seek input from the operations team to inform our design because we understand that their input is crucial to a successful project. We need to understand how they operate the plant, and they need to understand how our designs are intended to operate. Collaboration is critical and a step that we never skip. Critical steps in our project delivery include: • Project kickoff meeting to clearly establish project objectives, timelines and expectations • Regular check-ins to follow up on action items • Design workshops at critical milestones (10%, 30%, 60%, 90%) where our design team presents our work to the City’s operations, maintenance, and engineering staff - Following the workshops, the City will review our deliverables before holding a follow-up workshop to review and discuss the City’s comments. • Internal QA/QC is performed continuously throughout the project by senior reviewers and constructability reviews are conducted at the 30% and 60% milestones to help minimize costly field change orders • Our design team remains involved in providing engineering services during construction to ensure continuity through project closeout WEBB has successfully managed State and Federally funded projects such as the Clean Water State Revolving Fund (CWSRF) and the Environmental Protection Agency (EPA). We have managed a variety of projects funded by the CWSRF, including wastewater treatment plant upgrades, stormwater management systems, and septic to sewer conversions. Our team is adept at navigating State funding mechanisms, which ensures that projects meet eligibility criteria and maximize the benefits of available funding. WEBB has successfully managed federally funded projects such as various grant programs through the Environmental Protection Agency (EPA). These projects often involve complex environmental assessments and compliance with stringent federal guidelines. Our projects have ranged from small community initiatives to large-scale infrastructure improvements, all aimed at enhancing environmental quality and public health. WEBB ensures projects are properly authorized with a clearly defined scope of work and that sufficient funds are available to accomplish the work. WEBB’s vast experience in advancing projects from authorization to closeout ensures proper use of available funding by managing obligations and ensuring costs are billed promptly and accurately. We maintain meticulous records to demonstrate compliance with state and federal requirements, as audits may occur from either or both levels of government. We ensure projects are closed promptly to avoid any lingering obligations or compliance issues. This involves finalizing all project documentation and ensuring all costs are accounted for. Our team’s expertise in navigating these procedural requirements ensures that projects are completed efficiently and fully comply with all relevant regulations. The key to a successful project is to start working with City Staff early to align project goals and address any concerns. Effective communication throughout the project ensures that the project stays on task, on time, and on budget. WEBB recognizes that many projects require strict coordination with Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 18CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES other agencies and stakeholders. Identifying these critical issues early on is paramount to a timely project delivery. WEBB’s extensive experience completing projects throughout Southern California has required us to be familiar with and efficient in coordinating with local, state, and federal agencies. This experience has allowed us to successfully permit projects through the RWQCB, USACE, CDFW, and Caltrans, to name a few. The tracking of project issues and management of risks is facilitated through a tracking log available to the District and the project team. With issues being raised through email, phone calls, and meetings throughout the duration of the project, having a centralized document ensures project impacts are identified, logged, assigned, analyzed, acted upon, and addressed as part of the design process. To ensure project success, WEBB employs a structured, proactive management approach emphasizing schedule adherence, cost control, and transparent communication. Our project manager will serve as the single point of contact to streamline coordination with City Staff, while our principal in charge will provide executive oversight and resource allocation to keep the project moving efficiently. We implement real-time project tracking, regular progress meetings, and an issue resolution framework to anticipate and mitigate potential risks before they impact cost or schedule. QUALITY MANAGEMENT PLAN (QMP) The quality control for this project will be embedded in every stage of the project development. Our QA/QC Program is designed to enhance the cooperation and synergy between the disciplines in- house, our design teams, sub-consultants, and the City. Our entire staff is part of the QA/QC Program and each plays a significant role in its implementation. As an underlying principle of our QA/QC Program, WEBB will utilize senior level staff to review the work product and utilize their experience and knowledge to each aspect of the project. Our quality assurance begins with developing a close and continuous line of communication between the design team and the City. Our experience indicates good communication is a critical element to project success. Under our project protocol, we keep an organized directory of all project-related communication, meeting minutes and action items, documents, images, data, and plan sets, which allows us to respond quickly to requests. We will seek the input of operations and engineering staff throughout the project development to ensure the project meets the needs of the City. The proposed project schedule and work plan, developed by the project manager, will be evaluated by our internal peer review team. We recognize a comprehensive, realistic project schedule is critical to the decision-making process for the City. This schedule will include all interim milestones, reviews, third party reviews, and deliverables for the project. As part of the preliminary design and evaluation of project alternatives, the key project team members will meet and discuss the challenges of each of the proposed alternatives. By bringing these disciplines together early in the project, we can recommend the best project alternative and develop a list of critical design issues that need to be addressed as detailed design is implemented. A key aspect of our Quality Control Program is the location of existing utilities. These must be confirmed in order to select the most cost-effective alignment. Our in-house utility coordination will acquire the alignments of the existing utilities from the utility companies and combine them for the initial conflict control maps. Our engineers will then walk each of the proposed alternatives and Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 19CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES compare the mapped utilities to the site conditions to confirm the correlation between the mapping and the actual locations of bus stops, vaults, valves, catch basins, manholes, and overhead utilities. Potholing of utility crossings will be done to confirm x and y coordinates at each utility crossing so an accurate plan and profile can be designed. After the preliminary design has been developed, the project will receive a comprehensive internal peer review prior to submittal and coordination with the City. This peer review will be utilized to ensure the preliminary design is clear, concise, comprehensive, and most importantly, meets the objectives of the City. D. FINANCIAL RESPONSIBILITY WEBB is a financially secure California corporation that demonstrates long-term stability and a strong foundation for growth. Our sound financial management practices ensure we have the resources to execute projects of all sizes and complexities confidently. We maintain healthy liquidity reserves, providing security and the ability to navigate unforeseen challenges without disrupting project timelines or deliverables. As a privately held company, WEBB is not owned or controlled by any other organization and has no financial interest in other entities. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 20CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES E. FORMS (ATTACHMENTS) 16 ATTACHMENT “A” SIGNATURE AUTHORIZATION NAME OF COMPANY(RESPONDER): BUSINESS ADDRESS: TELEPHONE: CELL PHONE CONTACT PERSON EMAIL ADDRESS A. I hereby certify that I have the authority to submit this Request for qualifications to the City of Palm Springs for the above-listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my Request for qualifications. PRINTED NAME AND TITLE SIGNATURE AND DATE B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: ____ An individual; ____ A partnership, Partners’ names: __________________________ ____ A company. ____ A corporation If a corporation, organized in the state of: ___ 2. My tax identification number is: ___________ Please check below IF your firm qualifies as a Local Business as defined in the RFQ: A Local Business (licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFQ is required by including the acknowledgment with your request for qualifications. Failure to acknowledge the Addenda issued may result in your request for qualifications being deemed non- responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s) # is/are hereby acknowledged. Albert A. Webb Associates 3788 McCray Street, Riverside, CA 92506 951.686.1070Brian Knoll, PE Brian Knoll, PE - Chief Operations Officer 951.830.3389 brian.knoll@webbassociates.com April 22, 2025 X CA 951723730 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 21CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES 17 ATTACHMENT “B” LOCAL PREFERENCE – NOTE – Having a local office and/or valid business license from a jurisdiction in the Coachella Valley is not a requirement to submit an RFQ. If none, please state so on this page. WEBB does not have a local office in the Coachella Valley, however, we do hold multiple business licenses including City of Cathedral City, Desert Hot Springs, La Quinta, Palm Desert, and Palm Springs. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 22CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES 18 ATTACHMENT “C” NON-COLLUSION AFFIDAVIT The undersigned, deposes and says that he or she is of , the party making the foregoing Request for qualifications. That the Request for qualifications is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Request for qualifications is genuine and not collusive or sham; that the Responder has not directly or indirectly induced or solicited any other Responder to put in a false or sham Responder, and has not directly or indirectly colluded, conspired, connived, or agreed with any Responder or anyone else to put in a sham Request for qualifications, or that anyone shall refrain from Responding; that the Responder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the future Cost Proposal price of the Responder or any other Responder, or to fix any overhead, profit, or cost element of the future Cost Proposal price, or of that of any other Responder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Request for qualifications are true; and, further, that the Responder has not, directly or indirectly, submitted his or her Request for qualifications or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, or any other member or agent thereof to effectuate a collusive or sham Request for qualifications. Signature: Title: Date: Chief Operations Officer April 22, 2025 Chief Operations Officer Albert A. Webb Associates Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 23CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES 19 ATTACHMENT “D” CONFLICT OF INTEREST AND NON- DISCRIMINATION CERTIFICATION Conflict of Interest. Responder acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Responder enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Responder warrants that Responder has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Covenant Against Discrimination. In connection with its performance under the Agreement, Responder shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Responder certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Responder activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. NAME OF RESPONDER: NAME and TITLE of Authorized Representative: (Print) Signature and Date of Authorized Representative: (Sign) (Date) _______________ Albert A. Webb Associates Brian Knoll, PE - Chief Operations Officer April 22, 2025 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 24CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES 21 ATTACHMENT “E” PUBLIC INTEGRITY DISCLOSURE Who Must File? Applicants that are NOT a natural person or group of natural people that will be identified on the application and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions. Why Must I File? The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney. Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following: the owner/investor and the official have done business together during the year prior tothe application; the official has earned income from the owner/investor during the year prior to the filing ofthe application; the owner/investor has given the official gifts worth fifty dollars ($50) or more during theyear prior to the filing of the application; or the official might reasonably be anticipated to gain or lose money or a thing of value, basedupon the owner/investor’s interest in the applicant entity, in relation to the application’soutcome. When Must I File? You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed. What Must I Disclose? The names of all natural persons who are 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 entitythat is not a natural person serves the applicant entity (e.g., as a member of an applicantLLC), then all officers, directors, members, managers, trustees, etc., of the second entitymust be disclosed). The names of persons owning an interest with a value of two thousand dollars ($2,000) ormore who have a material financial relationship with an elected or appointed City officialwho will vote on the applicant’s application, or with the City Manager or City Attorney. Penalties: Falsification of information or failure to report information required to be reported may subject you to administrative action by the City. There are some additional supplementary instructions with an example following the form should you need further clarification. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 25CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES 22 PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity 2.Address of Entity (Principal Place of Business) 3. Local or California Address (if different than #2) 4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? � Yes � No 5.Type of Entity � Corporation � Limited Liability Company � Partnership � Trust � Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity � Officer � Director � Member � Manager [name]� General Partner � Limited Partner �Other � Officer � Director � Member � Manager [name]� General Partner � Limited Partner � Other � Officer � Director � Member � Manager [name] � General Partner � Limited Partner � Other Albert A. Webb Associates 3788 McCray Street, Riverside, CA 92506 X California X Matthew Webb - CEO/ President X X Scott Webb - Secretary Sandra Webb - Board Member Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 26CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES 22 PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity2.Address of Entity (Principal Place of Business)3. Local or California Address (if different than #2)4. State where Entity is Registered with Secretary of StateIf other than California, is the Entity also registered in California? � Yes � No 5.Type of Entity� Corporation � Limited Liability Company � Partnership � Trust � Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity � Officer � Director � Member � Manager [name]� General Partner � Limited Partner �Other � Officer � Director � Member � Manager [name]� General Partner � Limited Partner � Other � Officer � Director � Member � Manager [name] � General Partner � Limited Partner � Other X Steve Webb - Board Member X Todd Smith - Chief Financial Officer Bob Sepe X Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 27CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES 23 7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE JANE DOE [name of owner/investor] 50%, ABC COMPANY, Inc. [percentage of beneficial interest in entity and name of entity] A. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] B. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] D. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] E. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT Signature of Disclosing Party, Printed Name, Title Date Matthew Webb Scott Webb Sandra Webb 38.44% 38.44% 11.54% April 22, 2025 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 28CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES 24 PUBLIC INTEGRITY DISCLOSURE Business Disclosure Supplementary Instructions In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided. If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any. Ultimately, the City’s disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity). As an example, Applicant is Acme Brothers, Inc., a California corporation, whose officers are John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each. The full business entity disclosure in this example would resemble the following: 1. Acme Brothers, Inc., a California corporation a. Officers: John Doe, Jill Doe, and Jay Doe b. Ownership: c. 50% Acme Brothers, LLC, a California limited liability company d. 25% John Doe e. 25% Jill Doe 2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation 3. Acme Brothers 2, Inc., a California corporation a. Officers: George Doe, Bill Doe, and Jane Doe b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company 4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe b. Ownership: i. 50% Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 29CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES 25 ATTACHMENT “F” REFERENCES Reference 1 Organization name: Contact and title: Address: Phone number: Email Address: Effective date of contract: Value of Contract: Description of products/services provided: Reference 2 Organization name: Contact and title: Address: Phone number: Email Address: Effective date of contract: Value of Contract: Description of products/services provided: Reference 3 Organization name: Contact and title: Address: Phone number: Email Address: Effective date of contract: Value of Contract: Description of products/services provided: Western Municipal Water District Tony Pollak Deputy Director of Sytem Operations 951.789.5114 tpollak@wmwd.com 16451 El Sobrante Road Riverside, CA 92503 2012-2017 WRCWA WWTP Expansion - 14 MGD City of Palm Springs P. Joel Montalvo, MPA, PE City Engineer 760.322.8339 Joel.Montalvo@palmspringsca.gov 3200 East Tahquitz Canyon Way Palm Springs, CA 92262-6959 10/2019 - Current Professional Civil Engineering Services and Traffic Engineering Ser- vices City of Beaumont Thaxton Van Belle Director of Water Reclamation 951.572.3195 tvanbelle@beaumontca.gov 550 East 6th Street Beaumont, CA 92223 Beaumont Treatment Plant Expansion (6 MGD), Salt Mitigation, and Recycled Water 2016-2019 $3,600,000 $5,000,000 $6,000,000 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 30CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES 27 ATTACHMENT “G” EXECUTIVE ORDER N-6-22 CERTIFICATION Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect. Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals. The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California. Signature: _______________________________________________ Printed Name: _________________________________________ Title: __________________________________________________ Firm Name: _____________________________________________ Date: _______________________________________________ Albert A. Webb Associates Brian Knoll Chief Operations Officer April 22, 2025 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 31CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES F. FEE SCHEDULE Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 32CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES 29 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1.Generally Accepted Accounting Principles (GAAP) 2.Terms and conditions of the contract 3.Title 23 United States Code Section 112 -Letting of Contracts 4.48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5.23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration of Engineering and Design Related Service 6.48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name:_______________________________Title*:________________________ ____________________________________ Signature: _______________________ Date of Certification {mm/dd/yyyy):_____________ Phone Number: _______________________ Email: ___________________________ Address: ______________________________________________________________________ *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. Brian Knoll Chief Operations Officer April 22, 2025 3788 McCray Street, Riverside, CA 92506 951.686.1070 brian.knoll@webbassociates.com Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 33CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES RATE 120% PERCENTAGE 30% (average) CLASSIFICATION/TITLE UNBURDENDED HOURLY RATE FULLY BURDENED HOURLY RATE (Rate + OH + Fee) Principal Engineer $99.00 $235.00 Project Engineer III $71.00 $215.00 Project Engineer II $51.00 $195.00 Project Engineer I $39.00 $170.00 CAD Designer/Manager $66.00 $160.00 CAD Designer III $47.00 $150.00 CAD Designer II $36.00 $140.00 Administrative/Project Coordinator $36.00 $100.00 Principal Engineer $99.00 $235.00 Electrical Engineer III $61.00 $215.00 Electrical Engineer II $46.00 $195.00 Electrical Engineer I $37.00 $170.00 CAD Designer/Manager $66.00 $160.00 CAD Designer III $47.00 $150.00 CAD Designer II $36.00 $140.00 Administrative/Project Coordinator $36.00 $100.00 Fee Percentage * fee percentage applied to the cost of work ATTACHMENT “H” FEE SCHEDULE 28 OVERHEAD AND FEE Audited Overhead Rate * must be supportable under an audit Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 34CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES 29 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1.Generally Accepted Accounting Principles (GAAP) 2.Terms and conditions of the contract 3.Title 23 United States Code Section 112 -Letting of Contracts 4.48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5.23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration of Engineering and Design Related Service 6.48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name:_______________________________Title*:________________________ ____________________________________ Signature: _______________________ Date of Certification {mm/dd/yyyy):_____________ Phone Number: _______________________ Email: ___________________________ Address: ______________________________________________________________________ *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. Borislav Petkovic Principal 04/22/2025 (801) 299-1327 boris.petkovic@aquaeng.com 533 West 2600 South, Suite 275, Bountiful, Utah 84010 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 35CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES 147.11% Sr. Program Mgr. / Sr. Principal Structural Engineer Principal Professional / Sr. Structural Engineer Sr. CADD Designer $109.25 Sr. Professional / Project Engineer II $53.33 $53.84 $79.80 STRUCTURAL: GEOTECHNICAL: Principal Professional Sr. Principal Professional 12% $220.89 $147.62 $302.40 $149.03 $193.34$69.85 $98.43 $272.45 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 36CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES 29 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1.Generally Accepted Accounting Principles (GAAP) 2.Terms and conditions of the contract 3.Title 23 United States Code Section 112 -Letting of Contracts 4.48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5.23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration of Engineering and Design Related Service 6.48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name:_______________________________Title*:________________________ ____________________________________ Signature: _______________________ Date of Certification {mm/dd/yyyy):_____________ Phone Number: _______________________ Email: ___________________________ Address: ______________________________________________________________________ *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. 04/22/2025 Kleinfelder, 770 First Avenue, Suite 400, San Diego, CA 92101 John Moossazadeh, PE Senior Vice President jmoossazadeh@kleinfelder.com 619.831.4624 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 37CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES G. RESUMES Brian Knoll, PE Chief Operations Officer Brian Knoll, PE, is WEBB’s Chief Operations Officer. Brian has designed and directed capital improvement projects throughout southern California. Brian’s expertise lies in planning, design, and construction oversight of water and wastewater facilities. Brian has been involved in numerous large multi-discipline water and wastewater projects, including the City of Riverside’s 26 MGD expansion of their water quality control plant, the City of Beaumont’s advanced water treatment facility and brine line, the 14 MGD expansion of the Western Riverside Wastewater Treatment Plant, and the 6 MGD expansion of the Calipatria Water Treatment Plant. He has worked extensively with the City of Imperial, Western Municipal Water District, Golden State Water Company, the City of Corona, Crestline Lake Arrowhead Water Agency, Eastern Municipal Water District, the City of Riverside, and WRCRWA. Brian has also worked closely with other engineering partners such as CDM Smith, Black & Veatch, and CH2M REGISTRATIONS Civil Engineer C 65690 (CA) Civil Engineer C 42407 (AZ) EDUCATION MS, Civil Engineering Brigham Young University BS, Civil Engineering Brigham Young University AFFILIATIONS American Water Works Association American Society of Civil Engineers Water Environment Federation Inland County Water Association Imperial Wastewater Treatment Plant Expansion (1.0 MGD) - The purpose of this project was to provide additional wastewater treatment capacity for the City and upgrade the City’s disinfection system. Responsible for all aspects of the project including preliminary engineering, environmental documentation and compliance, survey and mapping, final facility design, bidding, construction management, inspection, and NPDES permitting. The upgrades to the City’s existing facility included the design of new headworks screening units, addition of an activated sludge extended aeration basin, reinforced concrete secondary clarifiers, blower building and blower units, upgraded UV disinfection system, sludge drying beds and sludge staging area, flow monitoring and sampling, electrical and controls upgrades, and all appurtenant process and yard piping. WRCWRA Wastewater Treatment Plant - The expansion project included evaluating alternatives to provide additional flow and biological capacity while reducing the overall cost of treatment. WEBB’s design includes primary, secondary, and tertiary treatment along with disinfection and solids handling. WRF-1 Centrifuge Replacement Expansion Phase 1 - The purpose of this project was to improve biosolids dewatering performance at Corona’s WRF #1. This is accomplished by replacing one of the existing belt presses with a new centrifuge. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 38CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Shane Bloomfield, PE Senior Engineer Shane Bloomfield, PE, is a Senior Engineer with WEBB’s Water Resources Department. Shane specializes in designing public works projects consisting of major pumping plants, groundwater pumping wells, sewer collection system design, wet well rehabilitation, water distribution system design, wastewater treatment plant design, and hydraulic system modeling using various computer models. He has engineering design responsibilities for several projects for public works agency clients, including the City of Ontario, the City of Riverside, Jurupa Community Services District, Eastern Municipal Water District, and Crestline-Lake Arrowhead Water Agency.REGISTRATIONS Civil Engineer C 77435 (CA) EDUCATION BS, Geology/Hydrology Brigham Young University MS, Environmental Science & Engineering Colorado School of Mines AFFILIATIONS National Groundwater Association WWTP Expansion and Salt Mitigation Project - The existing WWTP needs to be expanded and upgraded because The WWTP is currently treating over 75% of its permitted capacity. Beaumont WWTP Expansion/Upgrade Preliminary Design - Prepared the project feasibility study, which analyzed two different options. The first was the Beaumont option which expands and upgrades treatment at the City’s WWTP. The second option was to consolidate treatment with YVWD and deliver all wastewater flow there. For each option, detailed cost estimates were developed taking into account capital cost and O&M costs. Imperial Wastewater Treatment Plant Expansion (1.0 MGD) - The purpose of this project was to provide additional wastewater treatment capacity for the City and upgrade the City’s disinfection system. Responsible for all aspects of the project including preliminary engineering, environmental documentation and compliance, survey and mapping, final facility design, bidding, construction management, inspection, and NPDES permitting. The upgrades to the City’s existing facility included the design of new headworks screening units, addition of an activated sludge extended aeration basin, reinforced concrete secondary clarifiers, blower building and blower units, upgraded UV disinfection system, sludge drying beds and sludge staging area, flow monitoring and sampling, electrical and controls upgrades, and all appurtenant process and yard piping. Sun City Palm Desert Water Main Replacements Phases 1, 2, 2A, and 3, Coachella Valley Water District – Shane served as the Project Manager for the waterline replacement projects within the Sun City Palm Desert Community. The combined phases of the project total approximately 62,000 LF of pipeline replacement ranging from 8-inch diameter to 18- inch diameter ductile iron pipeline. Shane oversaw preparation of the design plans, specifications, construction cost estimates, preparation of the DDW waiver request, fire hydrant replacement plans and coordination Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 39CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Shane Bloomfield, PE Senior Engineer Claypool Lift Station and Force Main, City of Imperial - Shane served as a Project Engineer for the replacement of the Claypool Lift Station and new associated force main. The City was experiencing reduced pumping capabilities in a damaged portion of force main that required the replacement of an existing pump station and the installation of a new force main. The project included the removal of the existing pump station, installation of two new pumps with controls, and the installation of 3,100-LF of 8-inch diameter PVC force main. Lakeside Lift Station, Jurupa Community Services District - Shane served as a Project manager for the recommissioning of the Lakeside Lift Station. The Lakeside Lift Station and force main was decommissioned by the District when the Indian Hills Wastewater Reclamation Plant “Plant 2” was abandoned. The lift station had an 8-inch diameter overflow connection within its wet well structure. Wastewater within the wet well surcharged and flowed into the overflow connection which outlet into a 12-inch diameter gravity main on Limonite Avenue, also known as the “Plant 2 Overflow Line”. Final evaluation indicated re-commissioning the station was feasible and cost effective. The design project consisted of preparing plans and specifications to re-commission the sewer lift station by removing the existing mechanical and electrical equipment and replace it with new equipment, including a new electrical service and vactor truck turnout. Firehouse Sewer Lift Station, Olivenhain Municipal Water District - Shane served as Project Engineer for the District’s project. The existing Firehouse Lift Station was constructed as a below grade packaged lift station within a steel enclosure. The enclosure was failing and also represented a safety hazard for operators due to the small exit. The existing control building was also in disrepair with a leaking roof. This project included the construction of a new dry pit, with improved access, new 750 GPM pumping units, new control building, bridge crane for pump removal, and miscellaneous site improvements. Our work also included preparation of a sewer bypass plan to allow uninterrupted service during construction. WWTP Expansion and Salt Mitigation Project - The existing WWTP needs to be expanded and upgraded because The WWTP is currently treating over 75% of its permitted capacity. Beaumont WWTP Expansion/Upgrade Preliminary Design - Prepared the project feasibility study, which analyzed two different options. The first was the Beaumont option which expands and upgrades treatment at the City’s WWTP. The second option was to consolidate treatment with YVWD and deliver all wastewater flow there. For each option, detailed cost estimates were developed taking into account capital cost and O&M costs. City of Riverside WQCP Expansion, Camp Dresser & McKee - The scope of work included survey, mapping, existing utility identification, utility master plan, site grading, yard piping, demolition, drainage improvements, and landscaping. Temecula WRF Expansion, Eastern Municipal Water District - Responsible for all aspects of the civil design including site layouts, grading, yard piping, and utility relocations for the 5 MGD expansion of the plant. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 40CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Elizabeth Xiong, PE Senior Engineer As a Senior Engineer in WEBB’s Water Resources Department, Elizabeth has successfully assisted in project designs ranging from the preliminary stages of a project through the construction phase. Elizabeth has worked on public works projects involving wastewater and water systems, water reclamation, and water and wastewater treatment. Her experience also includes projects involving water distribution and sewer collection systems for tract development, and flood control and water resources. Her responsibilities have included water and sewer pipeline alignment design, hydraulic analysis, pipe thickness design, sewer lift station design, deep well design, utility coordination, local agency permitting, construction document review, and coordinating with outside consultants. REGISTRATIONSCivil Engineer C 94706 (CA) EDUCATIONBS, Environmental Engineering University of California, San Diego MS, Environmental Engineering and Water Resource Engineering University of California, Los Angeles Belle Terre Tank Waterline, Regent Properties - Elizabeth served as Design Engineer for the WEBB Team. WEBB provided planning, environmental, engineering, mapping, and entitlement services related to the Belle Terre Specific Plan. WEBB revised the specific plan to bring into compliance with additional park acreage requirements, and to ensure consistency with implementing tentative tract map for development of 372 residential lots while being mindful of the various site constraints. WEBB prepared an Addendum to the EIR with supporting biological resource assessment, preliminary hydrology analysis, preliminary water quality management plan, and traffic impact analysis to analyze the proposed project and provided engineering, mapping, and entitlement services to process the tract map. Constraints to the site included conservation habitat land to be conveyed to the Riverside Conservation Authority, the need for wildlife crossing, and power pole removals within conservation areas. WEBB provided both project management and support services to ensure all issues were resolved in a timely manner keeping project on track. Goetz Road Tank Grading and Site Civil Work, Eastern Municipal Water District – Elizabeth served as Design Engineer for the WEBB Team. The WEBB Team is currently providing civil design for the tank project and design engineer for the transmission pipeline project. The project consists of the construction of a 8MG concrete reservoir and a 5,400-LF 30-inch diameter transmission pipeline to connect an existing 24-inch diameter transmission pipeline to the future Goetz Road Tank site, located in the City of Menifee. The pipeline will be constructed along Thornton Avenue, half of which is improved and the remaining alignment is reserved within a tract development. Careful planning and special details are required for the successful implementation of the pipeline with minimal service interruptions, including additional coordination with the City of Menifee and the City of Perris. Challenges for this project include keeping the elevation of the pipeline below the future Goetz Road Tank inlet/outlet Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 41CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Elizabeth Xiong, PE Senior Engineer due to the higher elevations at the intersection of Goetz Road and Thornton Avenue than the tank pad. The WEBB Team is coordinating with the District and other consultants on potholing, CEQA compliance, geotechnical investigation and corrosion report/design services. IVDA 24-inch Diameter Transmission Main, City of San Bernardino Municipal Water Department (SBMWD) - Elizabeth served as the Project Engineer for the WEBB Team that provided preliminary design engineering, alignment option evaluation, final design plans, and specifications for SBMWD’s project consisting of approximately 14,000 LF of 24-inch diameter Ductile Iron Pipe (DIP) to connect Point “A” and Point “B” of the Intermediate Zone Inland Valley Development Agency (IVDA) and includes an 18-inch diameter pipeline crossing the Twin Creek freeway bridge at 9th Avenue. Tri-Palms Country Club Water Main Replacement Phase 1, Coachella Valley Water District - Elizabeth served as Project Engineer on the WEBB Team providing engineering design services for the Tri-Palms Country Club (TPCC) Water Main Replacement – Phase 1 Project. The project replaced approximately 3,500 LF of aged and undersized asbestos cement domestic water pipelines (ACP) and all appurtenances. The project also relocated the services connections from the back of lot to the front of property in the Phase 1 area within the master-planned community of TPCC, located in the County of Riverside. These waterlines are within residential mobile home communities. The streets are improved local streets. The traffic is anticipated low and moderate. The existing water main and service/meters are located in alleys along the back of the lots. The existing fire hydrants are in front of the street for fire truck access. Additional Experience: • North Shore Water Main Replacement, Coachella Valley Water District (District) • FY 20/21 Design Engineering Services - Sewer Replacement Services, Jurupa Community Services District • 2018 Waterline Replacement Design Services, Santa Ana Water Company • Larson Street Waterline Replacement, City of Lake Elsinore Public Works • 70th Avenue Water Main Replacment, Coachella Valley Water District • Jurupa Road Grade Separation Water and Sewer Relocation Design, Jurupa Community Services District • Design Report Review, Eastern Municipal Water District - Instrumental in the review of EMWD’s Design Reports and has prepared several Design Reports for submittal to EMWD. • Conducted over 80 Fire Flow Tests and Hydraulic Modeling, Eastern Municipal Water District • Winchester Ridge Newport Tank Design, Eastern Municipal Water District • Royal Avenue Pipeline Bridge Crossing, Golden State Water Company • Temescal Irrigation Pipe Relocation, WKE, Inc. • Northern Feeder Pipeline, Jurupa Community Services District Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 42CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Eric Hays, PE Senior Engineer Eric Hays, PE, is a Senior Engineer with WEBB’s Water Resources Department. Eric has years of diverse engineering experience with deep knowledge in the fields of hydrology, hydraulics, and drainage design. His experience includes the preparation of preliminary design reports, alternative analysis studies, canal design plans for flood control infrastructure projects, and storm drain system designs for residential, commercial, industrial, and public agency projects. In addition to Eric’s extensive experience with drainage project design, he offers clients strong civil site development and public project background. His experience includes development of site grading plans, street improvements plans, sewer plans, bike trail plans, Water Quality Management Plans, Stormwater Pollution Prevention Plans, and railroad grade crossing improvement plans. His expertise also includes survey, construction staking, construction observation, and support. REGISTRATIONS Civil Engineer C 73614 (CA) EDUCATION BS, Civil Engineering California State Polytechnic University, Pomona AFFILIATIONS American Society of Civil Engineers University Wash Final Design, Riverside Flood Control & Water Conservation District - Eric served as project engineer for the project. The University Wash Storm Drain Project included the planning, analysis, and design of a large diameter master plan storm drain that connects existing upstream and downstream facilities together. This project was unique in that the 2,450 LF, 90-inch RCP required for this project had to be designed to maneuver its way through a developed industrial corridor of the City. Key to this project was the coordination with local businesses to ensure construction of the storm drain minimized impacts to business operations. Cole Avenue Storm Drain Improvements, City of Riverside - Public Works Department - The Cole Avenue Storm Drain Improvements between Lurin Avenue and Krameria Avenue conveyed runoff from the surrounding residential developments and discharged to a new outlet structure eliminating continual nuisance drainage problems as well as eliminating flooding problems associated with the intersection flooding that occurs during most storm events. The project watershed is developed residential home sites. There were no storm drain systems except along Lurin Avenue. The watershed area was subject to surface runoff within street right-of-way. The area was also subject to nuisance runoff associated with landscape irrigation on a frequent basis. WEBB designed 2,500-FT of storm drain improvements that reduced nuisance flows in the tract and in the roadside channel on the south side of Lurin Avenue to meet the future needs of the area. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 43CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Bradley A. Sackett, PE Senior Engineer Brad Sackett, PE, is a Senior Engineer and Project Manager with WEBB’s Water Resources Department. Brad specializes in assisting major public agencies with water resource projects. Clients seek his expertise with pumping facilities, water pipeline design, gravity sewer main design, water and sewer system master plans, hydraulic modeling analysis, and sewer resource plans for Specific Plan Environmental Impact Reports (EIRs), among other projects. Brad has assisted clients with in-house projects while representing these agencies with their constituents as an on-site consultant. Throughout Brad’s career, he has been intricately involved in the design, management, and construction support of projects for such clients as Eastern Municipal Water District (EMWD), Western Municipal Water District (WMWD), and the cities of Riverside and St. Helena, to name a few His detailed approach ensures that each project seamlessly integrates into master plan requirements from concept through construction. He specializes in operations takeover and system integration, focusing on cost-effective and efficient transitions. REGISTRATIONS Civil Engineer C 65862 (CA) EDUCATION BS, Chemical Engineering Massachusetts Institute of Technology AFFILIATIONS American Water Works Association Clay Street Lift Station Replacement, Jurupa Community Services District - The project included planning and design for replacement of the Clay Street Lift Station with the new Linares Lift Station and modifications to the Clay/Van Buren Lift Station in conjunction with two other major projects; the Regional Force Main replacement and the Clay Street/UPRR Grade Separation. The project included planning and phasing for the revised hydraulic conditions and construction phasing to match the other major projects. Recycled Water System, Jurupa Community Services District - Brad lead the planning and assisted with the preliminary design and final design of JCSD’s recycled water system, supporting Eastvale’s expanding service needs. This included designing a parallel purple pipe network to distribute recycled water, preparing a comprehensive system plan, and identifying key irrigation customers such as parks, schools, and medians. WEBB conducted feasibility studies with backbone hydraulic modeling, cost estimates, and a pricing analysis, which underpinned grant applications that successfully funded a portion of the system’s initial construction. Currently, WEBB is part of the design team, preparing construction documents for over 37,000-LF of pipeline and coordinating service connections, while John Robinson Consulting leads on-site conversions and permitting. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 44CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Bradley A. Sackett, PE Senior Engineer Beaumont Mesa Lift Station and Force Main Upgrade, City of Beaumont - Brad was the overall project manager for this project and specifically lead the force main design work. The City of Beaumont has seen increased development requiring additional capacity and redundancy at one of its critical sewer collection infrastructure facilities. WEBB, in conjunction with AQUA Engineering, planned and designed a major capacity upgrade from 2,100 GPM to 5,100 GPM and rehabilitation for the Beaumont Mesa Lift Station replacing all above grading piping, existing pumps, adding additional pumps, repairing and commissioning the existing odor control system, as well as adding an in-line grinder and a covered emergency storage basin to meet a one hour flow requirement. In addition, the project included the design of a second parallel force main (7,500-LF of 16-inch pipe) to convey the ultimate flows to the treatment facilities as well as the replacement of the terminus manhole. The construction cost for the lift station is $7.7 million and the construction cost for the force main is $3.3 million. Regional Lift Station Improvements, Jurupa Community Services District - The Regional Sewer Lift Station, commonly referred to as Plant 1, is the main pumping station for the eastern half of the Jurupa Community Services District sewer service area to pump wastewater to the City of Riverside Regional Water Quality Control Plant for treatment. The facility is a wet well dry pit design with an ultimate capacity of 4,500 GPM. The District has completed various improvements and modifications since Plant 1 and the associated Regional Force Main was originally constructed in the mid 1970’s. WEBB has been involved with nearly all aspects of planning, phasing, design, and construction of the facilities. The District has added 5 MG of emergency storage (equalization ponds and bypass pump station) which allows sewage to be bypassed for maintenance and repairs and inspection of the internal condition of the existing force main. Recent improvements included electrical and SCADA upgrades to improve reliability and site security, new wet well coating, and regional force main replacement. The Regional Force Main Replacement Project included approximately 3.5 miles of 24-inch diameter PVC pipeline through existing developed streets. Planned improvements included VFD and pump replacements to better match existing flow conditions and a final connection to the treatment plant. Golden and College Tank Design and Construction, Golden State Water Company - Brad served as Project Manager for the WEBB Team that provided final design of the projects, bidding support, and construction management and inspection for both reservoirs. For the College Reservoir, the existing 1.0-MG rectangular concrete reservoir is the highest reservoir in the Yorba Linda System and serves the College Pressure Zone. The 53-year-old rectangular concrete tank is at the end of its useful life and is to be replaced with a 0.7-MG steel tank that will serve the current operational and fire flow needs of the College Pressure Zone. The existing rectangular concrete tank will remain in service during construction of the two new steel tanks, and then be removed. The existing storage/chemical building is to remain. A 1,000-LF 12-inch diameter PVC overflow drain line will be constructed in the College Plant access road from the new reservoir to an existing storm drain catch basin located on the north side of Bastanchury Road near the access road drive approach. Landscaping will be done as the last phase of the project to screen the tank when the proposed trees mature. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 45CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Jeff Hart, PE Deputy Director, Water Resources REGISTRATIONS Civil Engineer C 70910 (CA) Civil Engineer C 19069 (NV) EDUCATION BS, General Civil Engineering California Polytechnic Institute, Pomona CERTIFICATIONS/TRAINING Qualified SWPPP Developer QSD Qualified SWPPP Practitioner QSP • Talavera Phase 2 Water Main Replacements • Highway 86 Water Transmission Main, Phase 3 and 4 • Perris 4th and 7th Street Lift Stations, Eastern Municipal Water District • Armstrong Booster Station Upgrade, Jurupa Community Services District • Mesa Lift Station and 16 “ Force Main Project, City of Beaumont • PLC Upgrade Project, 9 Lift Stations, City of Beaumont • Well 25, Rubidoux Community Services District • Water and Sewer Evaluation, Highland Fairview • 2021 Wastewater Master Plan, City of Beaumont • Backbone Feasibility Study, San Gorgonio Pass Water Agency As Deputy Director of the Water Resources Department at WEBB, Jeff Hart uses his 25 years of experience in public works to support the execution of all water resources projects. He is also responsible for assigning project managers to each project and ensuring all project obligations are met with the highest standard. Jeff has previously managed and implemented over $800M of Capital Improvement Projects. He has split his years of experience working with both public and private sector clients, serving as City Engineer, Public Works Director, and Floodplain Manager for the public sector, as well as Director of Engineering and Deputy Director of Water Resources for the private sector. Jeff is well versed, having acted as a representative across various committees, councils, boards, and commissions. Jeff has served as project manager, overseeing and implementing several infrastructure projects, including domestic water, wastewater, recycled water, drainage, transportation, and land development throughout Southern California and Nevada. As a Principal Engineer for the Coachella Valley Water District, he oversaw the initial Chromium-6 compliance study, which was ultimately heading to the largest public works construction project ever in the Coachella Valley ($400M) before a judgment invalidating the new MCL in 2017. Recent water resource projects include the implementation of a $100M wastewater treatment plant upgrade for the City of Beaumont, including the ability to produce recycled water via RO and the construction of a 22-mile brine line. Along with experience in regional infrastructure projects, Jeff has extensive knowledge and experience with planning, entitlement, development (residential, commercial, and industrial), capital improvement development, and budgeting. His extensive experience translates to an understanding of all the steps required to successfully complete a project efficiently and on schedule. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 46CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Joseph Caldwell, PE, CPESC, CPSWQ, QSD, QSP, CFM Water Resources Practice Leader Joseph Caldwell, PE, CPESC, CPSWQ, QSD, QSP, CFM, is the Practice Leader of WEBB’s Water Resources Department. As the Water Resource’s Practice Leader, Joseph is responsible for training, skill development, and the quality assurance/quality control program. He leads the QA/QC reviews for all submittals; he coordinates with project managers and engineers to ensure the appropriate reviews are completed as projects proceed to final design. Joseph focuses on developing master drainage plans, designing backbone drainage infrastructure, and designing water quality systems for flood control projects throughout the region. A Certified Professional in Erosion and Sediment Control and Storm Water Quality, Joseph specializes in water quality and environmental compliance and is an expert in hydrology and hydraulics. Joseph’s experience includes designing regional flood control basins, a flood control levee, master drainage plans, and several miles of backbone drainage infrastructure. He has also hydrologically and hydraulically modeled the San Jacinto River from Railroad Canyon to the existing Army Corps levee in the City of San Jacinto. Joseph’s extensive knowledge of local agencies’ design standards and procedures and effective working relationships with agency staff enable him to expedite projects through completion. REGISTRATIONS Civil Engineer C 67239 (CA) Civil Engineer C 030017 (NV) Civil Engineer C 76114 (AZ) Certified Professional in Erosion and Sediment Control CPESC 5311 Certified Professional in Stormwater Quality CPSWQ 544 EDUCATION MS, Civil Engineering Brigham Young University BS, Civil Engineering Brigham Young University CERTIFICATIONS Qualified SWPPP Developer QSD 00076 Qualified SWPPP Practitioner QSP 00076 Certified Floodplain Manager CFM AFFILIATIONS American Society of Civil Engineers American Public Works Association Floodplain Management Association San Jacinto River Stage 3 Master Drainage Plan, Riverside County Flood Control & Water Conservation District - Joseph served as Project Manager for the WEBB Team responsible for reviewing the current hydrological model, analyzing potential alternative models, and working with the District to decide the best option based on the current Master Drainage Plan. This project consisted of conceptual drawings for the Master Plan addressing all key elements such as floodplain management, flood control features, environmental preservation, development opportunities, effects on regional infrastructure, right-of-way requirements, and order of magnitude cost. WEBB worked directly with the District to prepare the planning study, coordinated with all stakeholders, and presented all findings to the Advisory Board with recommendations for the next steps (i.e., MSHCP compliance, CEQA strategy, land development constraints, and floodplain management). WEBB is currently working on the final MDP and EIR for the District. Heacock Channel Design Project, March Joint Powers Authority - Joseph was the Project Manager for Phase 3 of the Heacock Channel Design Project for the March Joint Powers Authority. The project included preparing final improvement plans, traffic control plans, and a hydrology and hydraulic report for approximately 3,600-LF of the channel. The project Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 47CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Joseph Caldwell, PE, CPESC, CPSWQ, QSD, QSP, CFM Water Resources Practice Leader extends from Lateral A of the Perris Valley Storm Drain north along Heacock Avenue to the southern end of an existing landfill. WEBB’s services also included project management and coordination throughout the project, including attendance at project design team meetings, quality control services, and all other improvement processing for necessary project approvals. Hemet MDP Line C, Stage 4, County of Riverside Flood Control and Water Conservation District - Joseph was the Project Manager for the Hemet MDP Line C, Stage 4 Project. The extension of the Hemet MDP Line C was critical to provide surface flooding relief and flood protection of a predominately developed portion of the City of Hemet. The extension of the Hemet MDP Line C was critical to provide surface flooding relief and flood protection of a predominately developed portion of the City of Hemet. This segment of the Master Plan Facility represents the middle one-third of the entire Line C System. A critical component of this project was implementing a master planned facility in a highly urbanized area constrained by multiple utilities. WEBB completed a Preliminary Design Report that outlined the most feasible alignment for this facility. WEBB is preparing final design plans and specifications for this backbone drainage facility. Wildwood Creek Basin, City of Yucaipa - Joseph was the Project Manager for designing a multi- purpose watershed basin in Wildwood Creek in the City of Yucaipa. WEBB provided engineering services that accommodated the critical needs of the City. The project is situated in the middle of a major watercourse, with a watershed tributary exceeding 4,000 acres, and the creek is designated on the FEMA Flood Insurance Rate Map. The City’s goal was to reduce the peak flow by utilizing a series of detention basins that would reduce peak flow rates downstream and the burden on downstream facilities. This reduction in peak flow rates was accomplished by removing sediment/debris load and attenuating peak flooding through the use of the proposed basins. In addition to such flood control benefits, the project provided certain environmental and water quality benefits. The flood control facilities were developed so that the construction preserves riparian vegetation, where possible, and implements other measures for environmental and water quality impacts. To accomplish this, WEBB reviewed the conceptual design and provided a more precise analysis of the level of flood control protection the basins will provide. WEBB also prepared detailed hydrologic, hydraulic, and sediment transport models to determine the peak runoff rates, flood volume, and debris load. North Indio Regional Flood Control Channel Project, Coachella Valley Water District (CVWD) - Joseph is the Technical Lead for the North Indio Regional Flood Control Channel Project, a key component of the CVWD flood protection mission in the Coachella Valley. The project will complete the link between existing flood control facilities in the north Indio area, providing increased flood protection for the region. The project comprises over three miles of concrete-lined trapezoidal and rectangular channels, including numerous culvert crossings of existing and future streets. WEBB has prepared the project’s hydraulic analysis, preliminary design, and environmental documentation. WEBB is currently preparing the final design plans, specifications, and estimates. WEBB is also responsible for preparing the CLOMR and providing public outreach and right-of-way acquisition services. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 48CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Stephanie Standerfer Vice President Stephanie Standerfer is a Vice President and Director of WEBB’s Environmental Services Department. Stephanie has over 25 years of experience as an environmental professional, specializing in the California Environmental Quality Act (CEQA) compliance for public and private clients. Stephanie’s expertise also mirrors CEQA’s dynamic and interdisciplinary aspects. Stephanie serves as the Principal in Charge of the Environmental Services Department, overseeing the management and progress of the Department’s workload and staff. Stephanie has spent her years working mainly within Inland Southern California, representing a broad spectrum of clients, including transportation agencies, healthcare, resource conservation districts, community college districts, local agency formation commissions, infrastructure districts, cities, counties, and private developers. Her varied project experience allows her to foresee and navigate challenges that arise during CEQA compliance. She regularly oversees and coordinates with large teams of environmental planners, engineers, and city and county staff. She actively assists her clients through the environmental compliance gauntlet. In addition to her CEQA experience, Stephanie also has unique habitat conservation experience. For eight years, Stephanie served as contract staff to the Western Riverside County Regional Conservation Authority (RCA), the agency responsible for implementing the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). In this role, she provided processing, review, and consultation on MSHCP implementation procedures and policies. Stephanie provided training and policy guidance documents to the RCA and all permittees, including all 17 cities in western Riverside County. In this capacity, she regularly interfaced with regulatory agencies working toward solutions to MSHCP compliance issues. Stephanie’s experience with the RCA has resulted in a solid, amicable working relationship with the regulatory agencies, allowing her to anticipate projects’ issues before they arise and advise clients accordingly. Stephanie also oversaw the preparation of conservation planning studies in the County of San Bernardino starting in 2013. Stephanie managed the successful completion of the San Bernardino County Regional Conservation Investment Strategy (RCIS), which is one of a few RCISs approved by the California Department of Fish and Wildlife. EDUCATION MS, Environmental Sciences Washington State University BS, Environmental Sciences University of California, Riverside AFFILIATIONS American Planning Association Association of Environmental Professionals, President, Inland Empire Chapter Vice Chair, Economic Development, Greater Riverside Chamber of Commerce Executive Board Chair, City of Riverside Cultural Heritage Board, (2003–2011) Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 49CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Cheryl DeGano Practice Area Leader Cheryl DeGano serves as a Practice Area Leader with WEBB’s Environmental Services Department. Cheryl manages the preparation and approval of environmental and planning documents for public and private sector clients. During her consulting career, Cheryl has been responsible for the preparation and processing of environmental and planning documents including environmental impact reports, environmental assessments, initial studies and mitigated negative declarations, mitigation monitoring and reporting programs (MMRPs), specific plans, development impact fee (“Nexus”) studies per California Government Code 66000 et seq., and development and entitlement applications. Cheryl has been responsible for all aspects of these projects including research, data collection and analysis, report writing, quality assurance/quality control review, preparation of distribution lists, direction of public noticing, project management, representation at public meetings and hearings, and agency and client coordination. Cheryl is also experienced in the analysis of construction noise using the Federal Highway Administration’s Roadway Construction Noise Model (RCNM). In addition to her environmental and planning background, Cheryl has assisted public agencies and private sector clients finance public facilities/services through the formation and administration of special finance districts and is well versed in socio- economic issues. EDUCATION BA, Biology University of California, Riverside AFFILIATIONS American Planning Association Association of Environmental Professionals AEP Co-Vice President of Programs 2019 AEP Inland Empire Chapter President 2013 • Grand Avenue Lakeland Village Sewer Extension, Elsinore Valley Municipal Water District • Ranspot & Peeler Waterline Replacement, Elsinore Valley Municipal Water District • CEQA for EVMWD District Building Improvements, Elsinore Valley Municipal Water District • CEQA and Regulatory Permits for Rice Canyon Reservoir, Elsinore Valley Municipal Water District • Irwin and Linda Vista Reservoirs and Transmission Mains, Golden State Water Company • Master Sewer and Water Plan, Jurupa Community Services District • Sky 2 Sewer Lift Station Conversion, Jurupa Community Services District • Northern Feeder Pipeline, Jurupa Community Services District • Recycled Water Expansion, Jurupa Community Services District • JCSD and RPU Intertie Pipeline - IS/MND, Jurupa Community Services District • Mission Inn Booster Pumping Station - CEQA Services, City of Riverside • Riverside Corona Feeder, EIR/EIS, Western Municipal Water District Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 50CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Eliza Laws Air Quality Practice Leader EDUCATION BS, Environmental Sciences University of California, Riverside AFFILIATIONS Association of Environmental Professionals • Madison Street from Avenue 50 to Avenue 52 Project, City of Indio • Jackson Storm Drain Evaluation, City of Indio • Goodman Commerce Center Air Quality Analysis, Health Risk Assessment, and Greenhouse Gas Analysis, City of Eastvale • Mira Loma Commerce Center Air Quality Analysis, Health Risk Assessment, and Greenhouse Gas Analysis, City of Mira Loma • Menifee Valley Minor Ranch, Air Quality Analysis and EIR, City of Menifee • Cable Ski-Wakeboard Park** – MND, City of Lake Elsinore • Ayala Drive Street and Traffic Signal Improvement Project** – IS/MND, City of Rialto • Snow Drop Road Street Improvements IS/MND, County of San Bernardino, Special Districts • Yucaipa Low Flow Water Crossings Environmental Permitting & Technical Studies, City of Yucaipa Eliza Laws is aSenior Project Manager and Air Quality Practice Leader with WEBB’s Environmental Services Department. Eliza assists public and private clients in the preparation and approval of environmental and planning documents. During her consulting career, Eliza successfully prepared or directed the preparation and processing of environmental documents under both the California Environmental Quality Act (CEQA) and National Environmental Quality Act (NEPA) for public and private clients. She has been responsible for all aspects of these projects including research, data collection and analysis, report writing, quality assurance/quality control review, preparation of distribution lists, direction of public noticing, project management, preparation of technical studies related to air quality, greenhouse gas (GHG) and health risk assessments, direction of technical studies, representation at public meetings and hearings, and agency and client coordination. Eliza also specializes in processing environmental documents through Caltrans District 8 in accordance with the Caltrans Local Assistance Procedures Manual and is knowledgeable of the policies and procedures required to obtain CEQA/NEPA approval. With strong communication and analytical skills as well as a proven ability to take over large projects with minimal disruption to clients, Eliza maintains excellent client relationships. She offers experience with high profile and controversial studies, as well as the ability to work effectively and collaboratively within the increasingly complex regulatory and environmental context of development in southern California - helping to provide clients with solutions, strategies, and feasible alternatives for complex projects. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 51CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Autumn DeWoody Senior Environmental Analyst EDUCATION MS, Environmental Sciences University of California, Riverside BS, Environmental Sciences University of California, Riverside CERTIFICATIONS Certified Level 1 Water Audit Validator (CA-NV AWWA) AFFILIATIONS Association of Environmental Professionals National Groundwater Association Autumn DeWoody is a Senior Environmental Analyst within WEBB’s Environmental Services Department. Autumn specializes in planning documents for water, wastewater, and drainage clients. In addition, Autumn offers private and public clients jurisdictional delineations and regulatory permitting services. Autumn also provides grant research and application services and supports WEBB’s CEQA practitioners on biology, hydrology, and water quality. Autumn is certified by the California-Nevada Section of the American Water Works Association as a Level 1 Water Audit Validator for the validation of potable water loss audits and a former Certified Professional in Storm Water Quality (CPSWQ). Since 2015, under the tutelage of Mr. Sam I. Gershon, RCE, she has become WEBB’s primary expert on Water Supply Assessments, Written Verifications of Sufficient Water Supply, and Urban Water Management Plans. Autumn has also spearheaded WEBB’s Municipal Service Review and Sphere of Influence updates services for Local Agency Formation Commissions (LAFCOs), taking advantage of WEBB’s unique relationship with Webb Municipal Finance, LLC. Using her strong analytical skills, she is familiar with the intricacies of complex water supply portfolios and the technical components of planning for future water services. She appreciates the importance of timely client communication to collect pertinent data that is sufficiently detailed and accurate to provide a thorough reflection of the project. This data collection, communication, and collaboration early in the project has proven to keep projects on schedule and budget. • Water Supply Assessment and Written Verification for Center Park Specific Plan, City of Ontario Municipal Utilities Company • Water Supply Assessment and Written Verification for Grand Park SPA, City of Ontario Municipal Utilities Company • Nova at Parkside Written Verification, City of Ontario • Ontario West Water Supply Assessment, City of Ontario • Rich-Haven Specific Plan Water Demand Study, City of Ontario • Water Supply Assessment for Colony Commerce Center, City of Ontario • Water Supply Assessment for West Ontario Commerce Center, City of Ontario • Water Supply Assessments and Written Verifications for the City of Ontario: Center Park Specific Plan, Grand Park Specific Plan Amendment, The Avenue Specific Plan Amendment, Euclid Mixed Use Project, West Haven, Parkside, Subarea 29, and Rich Haven Specific Plan Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 52CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Justin R. Logan, PE | Principal Project Experience Phone: 801.694.4604 | Email: justin.logan@aquaeng.com As Vice President and Principal, Mr. Logan leads our firm’s water and wastewater treatment initiatives. He specializes in the comprehensive planning, design, and construction of treatment facilities. Justin’s approach centers on delivering effective and affordable solutions tailored to each client’s unique challenges. Having contributed to over 50 treatment facilities, he brings extensive experience with diverse processes and equipment. His responsibilities encompass project master planning, facility evaluations, process development, design layout, plant configuration, design efficiency, and the development of construction drawings for both water and wastewater treatment facilities. City of Beaumont Water Reclamation Facility Upgrade - Beaumont, CA Principal/Project Manager | Existing plant modification and expansion from extended aeration to a 6.0 mgd membrane bioreactor (MBR) plant followed by reverse osmosis to meet salt reduction requirements. The upgrade includes headworks, secondary treatment, tertiary treatment, solids handling and drying. City of Imperial Wastewater Treatment Plant Upgrade - Imperial, CA Principal/Project Manager | Conversion of existing plant form extended aeration to a 2.4 mgd membrane bioreactor (MBR) plant capable of producing recycled water. Western Riverside County Regional Water Authority - Corona, CA Principal/Project Manager | Plant evaluation, design, and construction services for a complete plant upgrade from 8 mgd to 14 mgd, including all aspects of the treatment plant. Western Riverside County Regional Water Authority - Corona, CA Principal/Project Manager | Aeration upgrade adding diffusers and blowers to existing process to improve efficiency and restore capacity of oxidation ditch. City of Corona Dewatering Upgrade - Corona, CA Principal/Project Manager | Modification of existing dewatering belt press facility to include a single centrifuge capable of dewatering for the plant and also capable of adding another centrifuge in the future. Las Gallinas Valley Sanitary District Secondary Treatment Upgrade - San Rafael, CA Principal/Project Manager | Planning, Design and Construction Management work for the upgrade of the secondary treatment processes from trickling filter to activated sludge, including equalization basin addition and recycled water facility expansion. Las Gallinas Valley Sanitary District Recycled Water Facility - San Rafael, CA Principal/Project Manager | Design and construction services for the addition of the Recycled Water facility to the existing treatment plant. This 1.4 mgd facility, capable to 5.4 mgd, utilizes pressure membranes and UV treatment. City of Imperial Headworks Upgrade - Imperial, CA Principal/Project Manager | Replacement of existing headworks facility along with various other plant improvements. Puako Preliminary Engineering Report - Puako, HI Principal/Project Manager | Preliminary feasibility of treatment & sewer collection options for the Community of Puako with the preparation of a Preliminary Engineering Report. Fort Shafter Flats Pump Station Conversion - Honolulu, HI Principal/Project Manager | Planning and complete design for the conversion of the existing pump station to a 2 mgd membrane facility to produce recycled water. City of Rexburg Water Reclamation Facility Solids Handling Project - Rexburg, ID Principal/Project Manager | Expansion of solids handling process by converting to anaerobic digestion and pasteurization to produce Class A biosolids and provide for solids storage. INNOVATIVE ENGINEERING SOLUTIONS aquaeng.com Education Registration Work Experience Affiliations Expertise BS Civil & Environmental Engineering, Brigham Young University, 1998 MS Civil & Environmental Engineering, Brigham Young University, 1999 Professional Engineer: Utah, Nevada, Arizona, California, New Mexico, Hawaii, Idaho, Colorado WEF WEAU WEFTA ASCE Wastewater Treatment Pump Stations Water Storage Flood Control & Drainage Mechanical Installations 27 Years - - - - - Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 53CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Rexburg City Wastewater Treatment Plant - Rexburg, ID Principal/Project Manager | Expansion and upgrade utilizing a fixed film process followed by existing oxidation ditches to bring the plant to capacity of 4.8 mgd, adding ultraviolet disinfection, and belt press facility. Tooele City Water Reclamation Facility, Phase 1B Upgrade - Tooele, UT Design and construction which added UV disinfection, digestion, and solar drying to the facility. Expansion and upgrade utilizing an MBR process to bring the plant to a capacity of 2 mgd. Elko Secondary Treatment Upgrade - Elko, NV Facility planning, design, and construction of a 4 mgd plant. West Wendover Wastewater Treatment Plant - West Wendover, NV Facility planning and design of upgrade to MBR system and improvements to the headworks facility, including new screening and washing equipment, HVAC, and utility water system. Taos Wastewater Treatment Plant Expansion and Upgrade - Town of Taos, NM Utilized an MBR process design to bring the plant to a capacity of 2 mgd and provide recycled water quality effluent. Imperial County Wastewater Treatment Plant - Imperial, CA 5 mgd Zenon hollow fiber membrane system, expandable to 15 mgd. Fine screening, process tanks and biological treatment system, UV disinfection facility, RIB’s, and standby power. Springville City Wastewater Treatment Plant - Springville, UT Expansion and upgrade utilizing STM Aerotor process to bring the plant to a capacity of 6 mgd. Heber Wastewater Treatment Plant - Heber, CA 1.2 mgd activated sludge treatment plant facility expansion. Inscription Canyon Ranch Wastewater Treatment Plant - Prescott, AZ 0.5 mgd Kubota flat plate MBR with fine screening, process tanks and biological treatment systems, UV disinfection facility, lab, operations building, and standby power. Tooele City Wastewater Treatment Plant - Tooele, UT Expansion to bring the plant from 2 mgd to 4mgd in two phases. San Felipe Pueblo Wastewater Treatment Plant - San Felipe, NM 300,000 gpd Kubota flat plate MBR expandable to 600,000 gpd, includes offices, a small lab, biosolids dewatering, and a pump station to deliver treated water. Jerome City Wastewater Treatment Plant - Jerome, ID Expansion utilizing an MBR process. Several phases to bring plant capacity to 4.5 mgd. The Cliffs Wastewater Treatment Plant - Boise, ID Facility with 300,000 gpd Kubota MBR System expandable to 600,000 gpd including fine screening, process tanks, and biological treatment systems, UV disinfection facility, RIBs, and standby power. Edgewood Wastewater Treatment Plant - Edgewood, NM Facility design & construction of a 150,000 gpd Kubota MBR System. Moroni City Wastewater Treatment Plant - Moroni, UT Kubota MBR process for a 1 mgd plant that is primarily turkey processing waste. Paako Wastewater Treatment Plant - Albuquerque, NM Facility design & construction of a 0.26 mgd Kubota Flat Plate MBR Facility, included design of an influent screening system, back-up power system, and the associated telemetry control system. Taos Wastewater Treatment Plant - Taos, NM Design and construction of new headworks facility and septage receiving station. Oakley Water Reclamation Facility - Oakley, UT Design and construction of a Zenon ZeeWeed 250,000 GPD facility. Hyrum Water Reclamation Facility - Hyrum City, UT Facility planning, design, and construction upgrading this existing oxidation ditch facility to a 2 mgd MBR facility using Kubota membranes. Justin R. Logan, PE | Principal INNOVATIVE ENGINEERING SOLUTIONS aquaeng.com Project Experience (continued) Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 54CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Boris Petkovic, P.E. | Principal Project Experience Phone: 801.683.3734 | Email: boris.petkovic@aquaeng.com Mr. Petkovic has nearly a decade of experience in water resources and wastewater engineering with a focus on wastewater treatment facility design. Boris has established a reputation for his extensive expertise in designing headworks, clarification/sedimentation facilities, biological reactors, tertiary treatment processes, disinfection facilities and biosolids stabilization and handling facilities. Boris has a background in modeling wastewater systems, including mass balance and hydraulic profile modeling and calculations. He also has completed several storm water, culinary water, and wastewater master plans and studies. Wastewater Treatment City of Imperial Wastewater Treatment Plant Upgrade City of Beaumont, CA Project engineer/manager for the upgrade of the existing wastewater treatment plant. Specific duties included preliminary process evaluation and facility planning, final process modeling (BioWIN), design of secondary treatment BNR process, MBR facilities and a new dewatering facility with two screw presses. City of Beaumont Waste Water Treatment Plant – Salt Mitigation Upgrade City of Beaumont, CA Project engineer for the salt mitigation upgrade of the existing wastewater treatment plant. Upgrade included hydraulic capacity increase and process modifications. Specific duties included preliminary process evaluation and final process modelling (BioWIN), design of secondary treatment BNR process, MBR, and RO systems for TDS removal as well as upgrades to existing dewatering facility including installation of two new centrifuges and solids load-out structure. Western Riverside County Regional Wastewater Authority (WRCRWA), Riverside CA, Plant Expansion Project Project engineer for the facility expansion. Specific duties included design of a new bioreactor basin, tertiary filtration system, dewatering facility with three centrifuges, sludge solar drying facility, and existing digester modifications (conversion from aerobic to anaerobic digesters) Western Riverside County Regional Wastewater Authority, Riverside CA, Expansion Study Developed a study for a 5 MGD plant expansion. The study involved evaluation of process modifications, different solids stabilization and handling processes as well as an evaluation of overall plant energy consumption. City of Corona Wastewater Treatment Plant Sludge Holding Project, Corona, CA Plant modifications which included conversion of an existing chlorine contact basin to a sludge holding tank. Installation of primary and Waste Activated Sludge (WAS) screens, odor control, and associated pumping in a very complex site. Western Riverside County Regional Wastewater Authority, Riverside CA, Aeration Upgrade Conversion of existing Ox. Ditches to staged aeration. The work included process design, selection of the fine bubble aeration equipment, aeration blowers, and the design of blower building and aeration piping. Elwood Town Corporation UT, Wastewater Treatment Plant Construction Project Construction of a new wastewater treatment plant. The project included construction of a new concrete tank for a sequencing batch reactor, construction of a new headworks/blower building, and the construction of a new disinfection building. Also, the project includes construction of several earthen basins, an effluent winter storage pond, and an irrigation pump station for the reclaimed effluent. Brigham City UT, Wastewater Treatment Plant (WWTP) Upgrade Project engineer with specific duties that included design of a new secondary clarifier with a scum pump station, addition of a new UV disinfection system and UV building, and an addition of a new solids dewatering building with new dewatering screw presses. The project also included modifications to the existing WAS/RAS pump station and modification of existing headworks building. Water Reclamation Facility White Rock Water Resource Recovery Facility Improvements, Los Alamos, NM Project engineer/manager for plant improvement project. Specific duties included project management Education Registration Work Experience Affiliations B.S. Civil & Environmental Engineering, University of Utah, 2005 M.S. Civil & Environmental Engineering, University of Utah, 2008 Professional Engineer: Utah WEAU WEF 20 Years INNOVATIVE ENGINEERING SOLUTIONS aquaeng.com Expertise Wastewater Treatment Biosolids Treatment and Disposal Wastewater Reuse Process and Hydraulic Modeling Detailed Mechanical Design Planning & Design Condition Assessments - - - - - - - Certifications BioWin Plant Model Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 55CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Boris Petkovic, P.E. | Principal INNOVATIVE ENGINEERING SOLUTIONS aquaeng.com Project Experience (continued) and coordination with a multidisciplinary team and design of secondary process facilities including an Oxidation Ditch, secondary clarification, tertiary filtration, UV disinfection, and dewatering facilities (screw presses) Salt Lake City Water Reclamation Facility – Influent Screens Replacement/Rehabilitation Project, Salt Lake City, UT Project engineer/manager for the replacement of influent screens at a 66.0 MGD peak flow facility. Specific duties included condition assessment, hydraulic evaluation and selection of new screening equipment, and overall rehabilitation of the screening facility. Duties also included managing of construction engineering services. City of Moab Water Reclamation Facility, City of Moab, UT Project engineer for the construction of a new 2.0 MGD Water Reclamation Facility. Specific duties included design of a Sequencing Batch Reactor treatment facility, intermediate pump station, headworks facilities (screenings and grit removal), bio-solids holding and dewatering facilities with two screw presses, and UV disinfection facility. City of Rexburg Water Reclamation Facility Solids Handling Project, Rexburg, ID Expansion of solids handling process by converting to anaerobic digestion and pasteurization to produce Class A biosolids and provide for solids storage. Fort Shafter Flats Pump Station, Honolulu HI, Water Reclamation Facility Construction Project Construction of a new Membrane Bio Reactor (MBR) water reclamation facility at the Fort Shafter Army Base. The project includes modification of a seventy- year-old pump station to anoxic basins, construction of new aeration basins, construction of a new MBR basin, new headworks and solids handling equipment. City of Provo Water Reclamation Facility UT, UV Disinfection, Digester Mixing, and Headworks Modification Project Existing WRF upgrade project. The project includes modification of the existing headworks building, construction of a new UV disinfection building, and installation of new digester mixing equipment. City of Elko Water Reclamation Facility Upgrade, City of Elko, NV Analyzed potential biological treatment process alternatives, selection of the biological treatment process, and final design. The final design included the construction of a new IFAS process basin and modification o f several e xisting hydraulic a nd process structures (secondary c larifiers, hydraulic control structures, etc.) Tooele City UT, Water Reclamation Facility Upgrade, Phase 1B Project engineer for the upgrade of the existing facility including new circular concrete sludge holding tank with fine bubble diffuser mixing, modifications of the existing solids handling building, design of a new UV disinfection system and building (existing chlorine contact basin retrofit), and the design of a new solids dewatering building with two screw presses and a sludge solar drying facility. West Wendover NV, Water Reclamation Facility Phase II Upgrade Construction of a new influent lift station, addition of a new grit trap, construction of a new MBR facility with UV disinfection and modifications of the existing aeration basins. The project also included the expansion of the dewatering facility and the construction of a new building to house tertiary filters for the treatment of the stored effluent. City of Page AZ, Water Reclamation Facility Upgrade Evaluated existing facility process and hydraulic capacity and designed required modifications to allow de-nitrification in the existing oxidation ditches in order to produce Class A effluent. Spanish Fork City Water Reclamation Facility UT, Anaerobic Digester Tank Addition Addition of an anaerobic digestion tank and modifications of the existing digester control room. The project included the design of a new concrete tank, mixing system (Linear Motion Mixer), modification of the sludge recirculation pumping and piping, addition of a new heat exchanger and boiler, as well as modification of the existing anaerobic digestion tank (addition of Linear Motion mixer). City of Provo Water Reclamation Facility UT, Solids Handling Building Expansion Project engineer for the upgrade of the existing dewatering facility. The project included solids dewatering building expansion, addition of a new centrifuge, screw conveyor, sludge feed pump, mixing system for the sludge holding tank, and modifications of the existing solids hopper. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 56CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES BS Electrical Engineering University of Utah, 2002 skmeng.com Project Role Project Experience Work Experience Specialties Education Registration Certification Electrical & Controls Engineer 23 Years -Electrical Engineering -Control and SCADA Systems Design & Integration -Network and Communications Design and Integration -Water & Wastewater Facilities Process Control and Optimization -Project Management -Construction Management Utah Professional Engineer: Ignition Gold Certification save time - save energy - save money Mark P. Jeppsen, P.E. - Principal (801) 683-3760 - mark.jeppsen@skmeng.com Mr. Jeppsen is an electrical, instrumentation and controls engineer with 26 years of experience in power design, controls engineering, process and instrumentation design, industrial network design, construction oversight, radio and telemetry systems, SCADA system design and integration and PLC and HMI design and integration. He has designed and integrated multiple potable water, secondary water, water treatment, wastewater collection and wastewater treatment systems. Design tasks include facility power, motor power and control, SCADA systems, instrumentation selection and control, process and instrumentation diagrams, communications networks and systems, control loop diagrams and descriptions. Integration tasks include control and PLC panel design and construction, PLC, OIT and HMI programming and commissioning, radio system integration and testing, instrument calibration, automated reporting systems and operator training and documentation. 2009 - 2021: Jurupa Community Services District (JCSD), Jurupa, CA – Electrical and Controls Engineer Mark has worked with JCSD on various projects over the years including the Regional Lift Station and various other lift stations. He has also was the lead electrical engineer on Wells 13, 27 & 28 as well as the JCSD-RCSD Booster Pump Station. Mark has worked closely with the District’s controls engineer and O&M staff to develop designs drawings that are tailored to the District’s standards. 2009 - Present: Western Riverside County Regional Wastewater Authority (WRCRWA), Eastvale, CA – Electrical and Controls Engineer In 2009 Mark led the electrical and control design for an aeration upgrade at the WRCRWA plant. This included a new blower building with associated controls for the existing oxidation ditches. In 2012 Mark was the lead electrical engineer for a complete plant expansion at WRCRWA which also included new network, PLC, and HMI systems. Since the completion of the expansion, Mark has provided services for several projects and has provided on-call support for the facility. 2006 – Present: Salt Lake City, UT – Electrical and Controls Engineer SKM has been providing services to Salt Lake City for their various water and wastewater facilities since 2006. Mark is currently overseeing the implementation of a complete control system upgrade at the 50 MGD Water Reclamation Facility which includes control panel upgrades, PLC replacements and new HMI screens. SKM has designed a new WAS thickening facility and is currently designing a new Headworks facility. Mark is the lead engineer and project manager for electrical and controls upgrades at the 20 MGD Big Cottonwood Water Treatment Plant that will be completed in 2018. 2004 – Present: Central Weber Sewer Improvement District, UT – Electrical and Controls Engineer SKM has been working for Central Weber Sewer Improvement District (CWSID) since 2004 by providing electrical designs, controls upgrades and system maintenance. Mark has managed upgrades at the plant as they have come, including upgrades for the influent pump building, utility water pump building and PLC & HMI upgrades. In 2006 design began for a complete 60 MGD plant expansion and SKM was an integral part of the design and integration team. Construction for this project began in 2008 and was completed in 2012. 2004 – Present: Sandy City, UT – Electrical and Controls Engineer SKM provided the complete and operational SCADA System for Sandy City’s Water System that was completed in 2005. Since then, SKM has provided incremental additions, improvements and maintenance including a new storm water system. The system consists of nearly 40 remote sites that consist of tanks, boosters and wells. In 2016 SKM provided an HMI system upgrade for the water and storm water systems. 2003 – Present: Park City, UT – Electrical and Controls Engineer SKM began working for Park City by providing the system integration for an iron, arsenic and manganese removal process at the Spiro Water Treatment Plant in 2003. In 2012, SKM provided the complete and operational SCADA System for the Quinn’s Junction Water Treatment Plant, a microfiltration membrane process. This included PLC & HMI programming, custom reports and historical data gathering and startup and commissioning. In 2016 SKM upgraded Park City’s complete SCADA system which included their two water treatment plants and approximately 70 remote boosters, tanks, metering stations, PRV stations and well houses. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 57CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Mark P. Jeppsen, P.E. - Principal Project Experience (continued) Other Project Experience 2003 – Present: City of Tooele, UT – Electrical and Controls Engineer Mark began working for the City of Tooele by providing electrical and controls maintenance at the City’s Water Reclamation Facility. In 2011 Mark was the lead electrical engineer for the design, construction and integration of a plant expansion at the Water Reclamation Facility. In 2015 SKM began providing electrical and controls services for the City’s culinary water system. 2002 – Present: City of Payson, UT – Electrical and Controls Engineer The Payson Wastewater Treatment Plant was upgraded in 2002. Mark successfully implemented the electrical design for the project, oversaw the construction, and integrated the control system. A new fiber optic network was successfully installed and improved the operation and reliability of the SCADA system. 1999 – Present: Springville City, UT – Electrical and Controls Engineer Mark successfully designed and implemented the electrical and controls for two plant expansions at the Springville Wastewater Treatment Plant. The first expansion was in 1999 and the second in 2009. The expansions consisted of a new electrical service, new SCADA system and PLC replacements. SKM has been providing integration and maintenance services to the City since 1999. 1999 – Present: Spanish Fork City, UT – Electrical and Controls Engineer In 1999 SKM began working for Spanish Fork City by upgrading the electrical and controls system for their primary pump station at the Wastewater Treatment Plant. In 2004, the plant was expanded and Mark was the lead electrical and controls engineer for the project. He successfully implemented the electrical design for the project, oversaw the construction, and integrated the control system. A new fiber optic network was successfully installed and improved the operation and reliability of the SCADA system. 1998 – Present: West Wendover, NV – Electrical and Controls Engineer Since 1998 SKM has been providing services to the City of West Wendover for their water and wastewater systems. In 1999-2000 SKM performed a SCADA System replacement for both systems that incorporated new radios and equipment for their well field and pipeline located 20 miles from the City. In 2011-2012 SKM provided the design engineering and integration for a new MBR facility at the Water Reclamation Facility. Present: Beaumont City, CA. WWTP MBR and RO Expansion Present: Las Gallinas, CA. WWTP Expansion Present: City of Imperial, CA. WWTP MBR Facility Expansion Present: Central Davis Sewer District, Kaysville, UT. WAS Thickening Addition 2016: Ogden City, UT. Water System SCADA Upgrade 2016: Provo City, UT. WWTP UV Building Addition and Headworks Upgrade 2015: Ogden City, UT. WTP Microfiltration Upgrade 2015: Provo City, UT. WWTP Master Plan 2014: Imperial, CA. WTP Controls Upgrade 2013: City of Elko, NV. WWTP Upgrade 2013: Fort Shafter Flats, HI. WWTP MBR Facility 2011: Las Gallinas, CA. WWTP Microfiltration Addition 2011: Provo City, UT. WWTP Centrifuge Facility Upgrade 2011: Orem City, UT. WWTP Expansion 2010: Taos, NM: WWTP MBR Facility Expansion 2010: Moroni, NM: WWTP MBR Facility 2009: Brigham City, UT. WWTP Expansion 2008: Heber, CA. WWTP Expansion 2008: Inscription Canyon Ranch, AZ. WWTP MBR Plant 2008: Edgewood City, NM. WWTP MBR Facility 2007: Gallup, NM. WWTP Expansion 2006: Jerome City, ID. WWTP MBR Facility 2005: Hyrum City, UT. WWTP MBR Facility 2003: Oakley City, UT. WWTP MBR Facility Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 58CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES skmeng.com Project ExperienceWork Experience Education Registration 23 Years UT, ID, NV, WY, CO, HI, NM. NY, IA Professional Engineer: save time - save energy - save money Ryan Pack, P.E. - Principal (801) 683-3761 - ryan.pack@skmeng.com Mr. Pack has experience with many components of SCADA and controls. He has worked with controls as simple as relay logic and PID loop controllers thru complex radio controlled SCADA systems. He has worked with many different programmable logic controllers and Operator interfaces including Allen Bradley, Control Microsystems, GE, Koyo, Modicon, Siemens, and others. He has utilized many software packages for human machine interface including Allen Bradley, GE Proficy (Intellution), Wonderware, and National Instruments Lookout. He has designed and installed new systems, replaced old systems, and expanded existing control systems. Mr. Pack has worked with many communications systems including radio, fiberoptics, ethernet, serial, and proprietary communications systems such as controlnet and profibus. He has conducted numerous path studies, for both licensed and non-licensed radio communications systems. He has designed and installed radio telemetry systems with over 50 remote sites. Big D Construction, Oakley Water Tank – Principal/Project Manager Driggs 1MG Tank – Principal Extreme Excavation and Landscaping Inc, Middle Valley Tank – Elevate Health Sciences, Elevate Health EQ Tank Design – Black Dolphin Consulting, LLC, Elko 5th Street Tank and Pump Station – Highlands Ranch Well and Tank – Project Manager Lost Creek Project, Summit County, UT – Electrical/Controls Engineer Mr. Pack worked on this project in all aspects from the shallow wells to the treatment facility. Ryan designed Mountain Regional Water’s SCADA system, and has continued working on the system since original installation. He oversaw the programming and startup of the existing Lost Creek Canyon control system, and is extremely familiar with its layout, configuration, and applications. Ryan also worked on the design for the motor controls, power distribution, lighting, and instrumentation for this system. Mountain Regional Water SCADA, Summit County, UT – Controls Engineer SKM designed a new SCADA system for the district that included all of the water distribution, raw water collection, and treatment. He worked with the water district to designed a new SCADA system that included all of the water distribution, raw water collection, and treatment. He worked with the water district to meet their monitoring, reporting, and control needs. Ryan coordinated the installation with their staff, and programmed much of the system. This included reporting, monitoring, alarming, and full control of the system. He continues to maintain the system with SKM’s staff of service personnel. Idaho Falls Water SCADA, Idaho Falls, ID – Controls Engineer SKM designed a backup power generation system for the water department, as well as the control interface between the Generator and the SCADA system. Mr. Pack is currently maintaining their water system SCADA and controls, and is under contract to perform programming on their upcoming additions. Santaquin SCADA, Santaquin, UT – Controls Engineer SKM designed a new SCADA system for the city that included all of the water distribution, wastewater collection, and wastewater treatment facility. Mr. Pack worked with the city to meet their monitoring and control needs, and provide a system that would work for them. He coordinated the installation with local trades, and aided in the programming of the system. This included reporting, monitoring, alarming, and full system control. Summit Park Boosters, Summit County, UT – Electrical/Controls Engineer SKM worked on the electrical and controls design for the two pump stations, and flow control station required for this project. Mr. Pack designed the motor controls, instrumentation, and controls required to operate the facilities as required by Mountain Regional Water. Bountiful City Water, Bountiful, UT – Electrical/Controls Engineer SKM has worked on numerous projects for the City of Bountiful. Mr. Pack has designed numerous motor control and distribution systems for wells and boosters for the city. He has worked with the department head to incorporate complete system control from the motor control enclosure for each of these sites. MBA Weber State University, 2005 BS Electrical Engineering University of Utah, 2002 Specialties Electrical and Controls Design Construction Oversight Control Systems Telemetry and SCADA Systems Design Control Testing Programming Startup and Maintenance Contracts - - - - - - - - - - Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 59CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Ryan Pack, P.E. - Principal Project Experience (continued) Davis and Weber Counties Canal SCADA, Weber County, UT – Controls Engineer SKM is currently working on installation of a new SCADA monitoring system for the canal company. This includes the monitoring of all canal discharge flows, as well as monitoring of the primary canal flow. Ryan designed the radio network, control system, and aided the district in coordinating installation of required hardware. East Zion SCADA, East Zion SSD, UT. Electrical/Controls Engineer. Ryan Designed the Electrical, Controls, and SCADA system for this community’s water system. This included phase conversion for the booster pumps, tank level monitoring, well control and communications between the sites. Ryan designed all of the motor controls and instrumentation for this project. East Zion SCADA, East Zion SSD, UT – Electrical/Controls Engineer Ryan Designed the Electrical, Controls, and SCADA system for this community’s water system. This included phase conversion for the booster pumps, tank level monitoring, well control and communications between the sites. Ryan designed all of the motor controls and instrumentation for this project. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 60CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Master of Engineering, Electrical Engineering, University of Utah, 1990 Bachelor of Science, Mechanical Engineering, Brigham Young University, 1981 skmeng.com Project Experience Work Experience Education 35 Years save time - save energy - save money Carolee Hale - Electrical Designer (801) 683-3743 - carolee.hale@skmeng.com Ms. Hale has seven years of experience as an electrical designer with SKM. She has successfully overseen the design process for multiple projects primarily for the water and wastewater industry. She has worked with electrical utilities such as Southern California Edison (SCE) and Rocky Mountain Power (RMP) to establish new service for new facilities. She has been in charge of the development of electrical, instrumentation and process control specifications. She has developed control panel drawings for motor controllers, programmable logic controllers and network cabinets. Ms. Hale plays a key role at SKM in project management and CAD coordination for various projects. She participates in client coordination meetings to insure that what is delivered is in the best interest of the client. She works closely with process, mechanical, civil and other electrical engineers to coordinate the electrical, instrumentation and controls design. She oversees the CAD designers in their implementation of the design drawings for each project. During construction, she has helped respond to RFI’s, review submittals and oversee the implementation of record drawings. Her previous work experience was in the computer and pharmaceutical industries with data management, process documentation, and implementation. County of Los Alamos Wastewater Treatment Upgrades – Electrical Designer Imperial Wastewater Treatment Plant Upgrade – Electrical Designer | Electrical & Instrumentation Design, Project Management & Construction Management Design and coordinate drafting tasks in preparation for project milestones; provide engineering specifications; utility power liaison; construction management responsibilities including submittal reviews, clarification preparation, and documentation for record set. Central Weber Sewer Improvement District Upgrades – Electrical Designer Generate PLC submittal and loop drawings and provide project coordination. Chino Basin Well II-12 Equipping – Electrical Designer Coordinate electrical & instrumentation design with client requirements including security interface and engineering specifications. Jurupa Community Services District Lift Station Modifications – Electrical Design & Construction Management Electrical & instrumentation design and drafting coordination for project milestones; utility power liaison; construction management responsibilities including submittal reviews. Salt Lake City Water Recovery Facility Atmospheric Monitoring – Electrical Designer Electrical & instrumentation design for gas detection system upgrade. Conduit Schedule and Development to include appropriate sensor placement for area classification as well as gas specific detection. Specialties -Electrical -Instrumentation Design -Construction Management Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 61CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Registrations Registered Civil Engineer C 43701 Registered Structural Engineer SE 3583 Education MS, Structural Engineering BS, Civil Engineering Affiliations American Society of Engineers (ASCE) Work Experience: Kleinfelder 1994-Current Eric Ng, PE, SE Principal Kleinfelder Mr. Ng has over 38 years of professional experience in structural engineering and a design background encompassing structures constructed with construction materials such as reinforced concrete, reinforced masonry, structural steel, aluminum, and wood. His project experience involves retrofit or new design of numerous reservoirs (concrete and steel), potable water and wastewater pump stations, dam outlet towers, industrial tilt up and masonry buildings, hospitals, schools, fire stations, water, and wastewater treatment plants, and residential buildings. Wastewater Treatment Plant Expansion and Salt Mitigation Project, City of Beaumont - Eric served as Structural Principal Engineer for the City’s project which consists of two major components: Wastewater Treatment Plant (WWTP) Expansion and Upgrade - Final Design (Structural) - The existing WWTP needs to be expanded and upgraded. The WWTP is currently treating over 75% of its permitted capacity and therefore must begin the expansion process. Per the new Regional Water Quality Control Board’s updated Basin Plan, the City must begin reducing TDS being discharged from the plant. The City completed a feasibility study to identify the best way to expand and upgrade the plant. The Plant will be converted to an MBR process followed by RO for TDS reduction. The Plant will also add screening, EQ, sludge dewatering, and drying. Brine Line - Final Design (Structural) - Brine disposal is an integral part of this project and was a key driver in the selection of this project. Without a safe, reliable, and cost effective way to dispose of the brine, this project cannot move forward and compliance with the Basin Plan would be impossible. The brine pipeline connecting to the Inland Empire Brine Line (IEBL) was determined to be the best option during the feasibility study, due to cost and certainty of operation. The brine line has been sized at 12- inches and will be approximately 23-miles long. The pipeline begins at the City’s WWTP and ends near the City of San Bernardino’s WWTP on Waterman Avenue. WRCWRA Wastewater Treatment Plant, Western Riverside County Regional Wastewater Authority - Eric served as Structural Principal Engineer for the WEBB Team that designed the 14 MGD plant expansion. The expansion project included evaluating alternatives to provide additional flow and biological capacity while reducing the overall cost of treatment. WEBB’s design includes primary, secondary, and tertiary treatment along with disinfection and solids handling. Working with the member agencies, cost effective alternatives are being selected and Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 62CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES refined to make this project affordable to build while reducing the cost of treatment. The project also includes chemical storage and pumping. NORTH CITY WATER RECLAMATION PLANT EXPANSION AND INFLUENT CONVEYANCE, City of San Diego Public Utilities Department, San Diego, CA - The North City Water Reclamation Plant (NCWRP Expansion) is part of the City of San Diego’s Pure Water program to increase the current capacity of 30 MGD to 52 MGD through a $140M upgrade of the facility. This expansion enhanced the treatment plant’s capacity producing 52 MGD of recycled water. Eric Ng serves as Project Manager. Nuevo Tank Condition Assessment and Rehabilitation (As-Needed Engineering Design Services, 2015-2017), Eastern Municipal Water District - Eric provided a visual condition assessment and the rehabilitation design of a new roof for an existing 50 foot diameter by 32 foot tall steel tank. Kleinfelder also provided construction support services. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 63CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES Registrations Registered Civil Engineer C 73208 Registered Structural Engineer SE 6084 Education MS, Structural Engineering, University of California, San Diego BS, Structural Engineering, University of California, San Diego Affiliations Structural Engineers Association of San Diego (SEAOSD) American Society of Engineers (ASCE) Work Experience: Kleinfelder 2006-Current Christina Nishimoto, PE, SE Project Manager Kleinfelder Christina Nishimoto has 18 years of professional experience including working with steel, concrete, masonry, and timber structures and is knowledgeable in the design considerations of all four materials and their respective governing codes. Her design phase work has included attending meetings, coordinating with other professional trades, structural analysis, and detailing. Wastewater Treatment Plant Expansion and Salt Mitigation Project, City of Beaumont - Christina serves as Structural Project Engineer for the City’s project which consists of two major components: Wastewater Treatment Plant (WWTP) Expansion and Upgrade - Final Design (Structural) - The existing WWTP needs to be expanded and upgraded. The WWTP is currently treating over 75% of its permitted capacity and therefore must begin the expansion process. Per the new Regional Water Quality Control Board’s updated Basin Plan, the City must begin reducing TDS being discharged from the plant. The City completed a feasibility study to identify the best way to expand and upgrade the plant. The Plant will be converted to an MBR process followed by RO for TDS reduction. The Plant will also add screening, EQ, sludge dewatering, and drying. Brine Line - Final Design (Structural) - Brine disposal is an integral part of this project and was a key driver in the selection of this project. Without a safe, reliable, and cost effective way to dispose of the brine, this project cannot move forward and compliance with the Basin Plan would be impossible. The brine pipeline connecting to the Inland Empire Brine Line (IEBL) was determined to be the best option during the feasibility study, due to cost and certainty of operation. The brine line has been sized at 12-inches and will be approximately 23-miles long. The pipeline begins at the City’s WWTP and ends near the City of San Bernardino’s WWTP on Waterman Avenue. WRCWRA Wastewater Treatment Plant, Western Riverside County Regional Wastewater Authority - Christina served as Structural Project Engineer for the WEBB Team that designed the 14 MGD plant expansion. The expansion project included evaluating alternatives to provide additional flow and biological capacity while reducing the overall cost of treatment. WEBB’s design includes primary, secondary, and tertiary treatment along with disinfection and solids handling. Working with the member agencies, cost effective alternatives are Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 64CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES being selected and refined to make this project affordable to build while reducing the cost of treatment. The project also includes chemical storage and pumping. Miramar Clearwell Improvements, City of San Diego Public Utilities Department - Christina served as Project Engineer providing the design of two new rectangular hopper bottom reservoirs, totaling 58.3 MG. The structural system is a two-way reinforced concrete roof with drop panels supported seismically by perimeter concrete shearwalls. Christina also designed a 5 MG chlorine contact chamber of similar structural system and assisted in managing the work of a number of subconsultants, including the water disinfection process, architectural, civil, landscaping, and environmental permitting. Additional Experience: Plant 150, East Valley Water District - Christina served as Project Engineer providing foundation calculations, drawings, and specifications for Plant 150, a centralized water treatment plant. The scope of work included a ring foundation for two 500,000 gallon steel tanks for surface water, concrete foundations for an operations building, chemical building, and multiple ion exchange tanks. Point Loma Sedimentation Basin Rehabilitation, City of San Diego - Christina served as Project Engineer on the Point Loma Wastewater Treatment Plant project that consists of 12 existing sedimentation basins constructed as several different projects starting in 1962 through 1996. The result of the varying projects is non-uniformity within the 12 basins. Christina provided support on structural engineering services provided by KLF|SWE which included site evaluation, design and drafting, and construction administration during the construction process. Additionally, Christina provided the design of a pipe support rack. Pump Stations 1 and 2, City of San Diego Metropolitan Wastewater Department - Christina provided structural calculations and construction support for this design -build project. KLF/SWE’s scope of work included the design of a two -story concrete masonry building at Pump Station 2 as a sub -consultant to Carollo Engineers. The first floor of the building is an electrical room and the second floor is used for storage. The structural system of the building consists of long span trusses for the roof framing, comp osite floor, and a mat foundation. Twin Oaks Central Basin, Central Basin Municipal Water District - Christina served as Project Engineer providing design calculations for the 50 MGD design/build water treatment plant. The design included pump stations, arc flow treatment barriers, two 14 MGD reservoirs, and an ozone treatment facility and filter basin. Pala Casino Wastewater Treatment Plant, Pala Band of Mission Indians - Christina served as Project Engineer providing the design calculations for this project, which provided the Pala Band of Mission Indians a new wastewater treatment plant and upgrades to the existing lift station. Phase I Expansion, Riverside Regional Water Quality Control Plant - Christina served as the Project Engineer and provided construction support services for the Phase I expansion. KLF/SWE’s scope of work included design consulting services for this project. The expansion scope was to replace 20 MGD of existing conventional activated sludge capacity with 26 MGD of membrane bioreactor capacity. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 65CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES RESUME Kleinfelder | 1 Eric Noel, PE, GE Lead Geotechnical Engineer Mr. Noel has 34 years of project management and technical experience for various government and private industry clients, including hospitals, parking structures, large industrial complexes, pavements, storage tanks, bridges, commercial and residential developments, and pipelines. He performs and oversees analyses of shallow and deep foundations, compressible and expansive soils, surcharge fills, slope stability studies, deep excavations and shoring, and liquefaction potential. Responsibilities include project management, preparation of proposals, coordination of field and laboratory work, engineering analyses and report preparation for investigations. In addition, Mr. Noel has supervised field staff for geotechnical observation and testing projects, environmental sampling projects, and materials special inspection projects.. Selected Project Experience On-Call Geotechnical Engineering Services, Eastern Municipal Water District (EMWD), Perris, CA. 02/2011 – Present. As Project Manager, Mr. Noel is responsible for assembling the appropriate team for each project, reviewing the scope of services and fee estimate and engaging appropriate quality assurance and quality control (QA/QC) personnel. Services include geotechnical and geologic investigations and construction observation and testing for new water reservoirs, underground wet utilities, and expansion of existing treatment facilities. By providing responsive, innovative problem solving and the appropriate technical approach, Kleinfelder has been providing on-call services to EMWD for a decade. Under the current on-call contract, Kleinfelder has worked on the following projects: Temecula Valley Recycled Water Pipeline. 01/2017 – 06/2018. Mr. Noel served as the Lead Geotechnical Engineer for this project. Kleinfelder provided geotechnical engineering services for the planned pipeline project which involved construction of approximately 16,000 feet (3 miles) of 36-inch diameter pipeline for recycled water distribution in the City of Temecula. Our scope of work included review of previous work performed for the project, additional geotechnical investigation in the areas of the two tunnel crossings, and pumping testing to evaluate aquifer characteristics for dewatering. Three deliverables were prepared for the project: 1) Geotechnical Data Report summarizing the results of our additional geotechnical investigation and aquifer pumping tests, 2) Engineer-of-Record letter accepting or modifying the recommendations presented in the previous consultant’s Geotechnical Report, and 3) preparation of a Geotechnical Baseline Report for the trenchless portions of the project. Phase III Solar Renewable Energy Initiative. 12/2017 – 05/2019. Kleinfelder provided geotechnical engineering services for proposed solar power generating facilities planned at five sites. Four of the sites are proposed expansions of existing solar facilities at existing EMWD Regional Water Reclamation facilities. Our geotechnical investigation includes field exploration, laboratory testing, engineering analysis, and report preparation for each facility, including conclusions and recommendations for the design and construction of the proposed solar arrays. Sky Canyon Sewer Alignment 1A & 1B. 11/2017 – 06/2019. Mr. Noel served as Project Manager and Lead Geotechnical Engineer during the design and construction phases of this project. Kleinfelder performed geotechnical engineering services for various alignments of the planned Sky Canyon Sewer project in Murrieta for construction of approximately 6,670 feet of 36-inch-diameter sewer pipeline. Several alignments were considered during the design phase of the project. Scope of work includes review of previous work performed for the project and geotechnical investigations of the proposed alignment, with the findings of our investigation presented in geotechnical design reports. Kleinfelder performed a rippability study along the alignment to evaluate the potential for shallow bedrock, which would be more difficult to excavate during construction. This information, when provided to the contractor will reduce the risk of contractor changed condition claims during the pipeline excavation. Kleinfelder was also retained by EMWD to perform testing and inspection services during the construction phase of the project. Indian Street Pipeline Replacement. 11/2017 – 09/2018, 12/2021 – 06/2022. Mr. Noel served as Project Manager and Lead Geotechnical Engineer during the design and construction phases of this project. Kleinfelder performed geotechnical engineering services for the project, which involved construction of approximately 1,600 feet of 12-inch diameter water pipeline. Our scope of work included review of previous Years of Experience 34 years Education MS, Geotechnical Engineering, California State University, Long Beach BS, Civil Engineering, California State Polytechnic University, Pomona Registrations Professional Engineer (PE), No. 53513, CA Professional Geologist (PG), No. 2506, CA Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 66CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES RESUME Kleinfelder | 2 work performed for the project and a geotechnical investigation of the proposed alignment, with the findings of our investigation presented in a geotechnical design report. Kleinfelder was also retained by EMWD to perform testing and inspection services during the construction phase of the project. Pettit Potable Water Storage Tank Expansion and Transmission Pipeline, EMWD, Moreno Valley, CA. 03/2016 – 01/2018. Mr. Noel served as Lead Geotechnical Engineer for this contract. Geotechnical engineering services were provided for the preliminary design of a new potable water reservoir for EMWD. The project expands the tank site from 2.0 million gallons (MG) to a total of up to 8.1 MG of storage (2015 Water Facilities Master Plan Update). In addition, approximately 3,500 linear feet of transmission pipeline is being designed to connect the proposed storage tank(s) to the proposed Cactus II Feeder. The final report was issued in 2016; however, Kleinfelder’s design process was completed in 2018. Various On-Calls including As-Needed Professional Engineering Design Services, As-Needed Geotechnical and Materials Testing Services, City of Ontario/Ontario Municipal Utilities Company, Ontario, CA. 08/2014 – Present. Mr. Noel provided Principal Engineering oversight and technical review for projects, including water pipeline design, sewer design, parking structures with a subterranean level, an administration building, and a fire station. The analysis and recommendations included allowable foundation pressures, liquefaction settlement, static settlement analysis, and recommendations for lateral pressures for deep excavations. As-Needed Geotechnical Engineering, Metropolitan Water District of Southern California (MWD). 03/2016 – Present. Kleinfelder is currently performing as-needed geotechnical engineering for MWD. Mr. Noel has served as Kleinfelder’s Lead Geotechnical Engineer for key projects, including the following: Eagle Lift and Eagle West Siphons Seismic Improvements Rapid Evaluation Study, Riverside County, CA. 05/2022 – 11/2024. Mr. Noel served as Kleinfelder’s Lead Geotechnical Engineer for the project. The Eagle Mountain Pumping Plant and Eagle Lift and Eagle West siphons are part of MWD’s Colorado River Aqueduct (CRA) which distributes water from the Colorado River to southern California. The Eagle Lift and Eagle West siphons are located in seismically active southern California and are subject to periodic ground shaking from nearby and distant earthquake events. Ground shaking events could result in localized slope deformation which could affect the structures. The siphons are critical components of the CRA and failure of the siphons could result in loss of water supply to the CRA and southern California. Kleinfelder was retained by MWD to conduct a rapid evaluation study for the siphons to assess the condition of the pipes, the seismic stability of the siphons, and identify what actions should be taken to increase the reliability of the dual barrels of the Eagle Lift and Eagle West siphons. An assessment of risks pertaining to ground shaking, permanent ground deformation, landslide potential, and fault rupture potential was performed, including slope stability and dynamic displacement analyses. A Rapid Evaluation Study Report was prepared presenting the results of our observations and preliminary analyses, our conclusions regarding potential pipe/joint deficiencies, and preliminary recommendations for future work to fill data gaps and mitigate identified risks. Black Metal Mountain Communications Site Access Road and Power Upgrades, San Bernardino County, CA. 01/2022 – 03/2023. Mr. Noel served as Kleinfelder’s Lead Geotechnical Engineer for the project. The Black Metal Mountains Communications Site cell tower is located at the top of a narrow ridge in the Whipple Mountains southwest of the Colorado River. The main 1.4-mile-long access road to the cell tower is unpaved, very steep and narrow, and in poor condition. A 2.4 kilovolt (kV) overhead powerline and powerline road are also located on the flank of a secondary ridge. Project upgrades are needed to provide more accessible and reliable infrastructure with adequate power capacity. Upgrades include access road widening, retaining walls, cut slopes up to 85 feet high, vertical cuts supported by rock bolts, a reinforced concrete box culvert, and new poles with pier foundations the overhead alignment. Kleinfelder conducted a geotechnical investigation to evaluate surface and subsurface conditions and to provide design and construction recommendations for the upgrades. The investigation included review of available background and geologic information; site reconnaissance visits with MWD; geologic mapping, rock mass discontinuity surveys, seismic refraction surveys, and rock coring and hollow-stem auger borings; and engineering analysis for seismic design parameters, rock mass characterization, and analysis of rock slopes. Recommendations were presented for fill and cut slopes, rock bolts, retaining walls, culverts, and pole foundations. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 67CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES RESUME Kleinfelder | 1 Joel Metcalf, PG, CEG Lead Geologist Mr. Metcalf has 36 years of experience executing engineering geology investigations for commercial clients and government agencies. He has a wide range of geo-engineering experience on projects for powerlines, pipelines, dams, tunnels, roads, and mines. Mr. Metcalf specializes in terrain analysis and geomorphology studies using aerial imagery and LiDAR and has performed field mapping to delineate landforms and geo-hazardards including faults, landslides, debris flows, wetlands, glacial till, surficial deposits, and bedrock to understand the impact of these features and processes on the built environment. Mr. Metcalf is experienced in borehole drilling including rock core drilling, borehole geophysics, and the installation of borehole instrumentation including vibrating wire piezometers, inclinometers, and extensometers. Selected Project Experience Southern California Edison, West of Devers 220kV Transmission Project, Riverside and San Bernardino Counties, CA. 08/2019 – 03/2022. Mr. Metcalf was Senior Engineering Geologist during construction of a 40-mile segment (part of 60-mile total alignment) of 220 kV transmission line that extends from Redlands in San Bernardino County to North Palm Springs in Riverside County. The alignment traverses distinct physiographic regions dominated by faulting, landslides, and liquefaction hazards as it crosses the Redlands badlands, foothills of the San Bernardino Mountains,San Gorgonio Pass, the Whitewater and San Gorgonio Rivers, and the Coachella Valley. Mr. Metcalf performed engineering analysis for changes in design and geologic conditions and was responsible for geologic mapping of cut slopes and evaluation of geologic conditions encountered during construction. Southern California Edison, Cajon Pass Landslide Investigation, San Bernardino County, CA. 06/2023 – Present. Mr. Metcalf is Principal Geologist on an investigation of four 500kV transmission towers impacted by a large bedrock landslide at the site of the active Glen Helen fault in the Cajon Pass area of the San Bernardino Mountains. The investigation involves field mapping, LiDAR and high-resolution ortho-photo aerial survey, sonic drilling, and installation of in-place, remote-operation inclinometers. Southern California Edison, Goleta-Santa Clara Substation Landslide Investigation, Ventura County, CA. 06/2023 – 11/2024. Mr. Metcalf was Principal Geologist on an investigation and remediation of a recent, composite landslide affecting a substation facility and adjacent transmission towers. Mr. Metcalf conducted field mapping of the landslide morphology to estimate the slide depth and mechanism of failure, and worked with the geotechnical engineer to design a remediation solution to stabilze the slope and minimize disruption to substation operations. Mr. Metcalf conducted field oversight of the grading as part of the remediation field team. LACDPW, Santa Anita Dam Access Road Rockfall Stabilization, Monrovia, CA. 07/2021 – 05/2024. The LACDPW Geotechnical and Materials Engineering Division tasked Kleinfelder to assess the effects of a February 2019 rockslide which undermined part of the access road to Santa Anita Dam. Kleinfelder investigated the problem, designed a solution, and oversaw the stabilization of the slope and damaged road. Mr. Metcalf was part of the field Quality Control Team monitoring the installation of 60-foot-long rock anchors, steel-wire mesh, slope drains, and a grade beam to restore the function of the access road. Southern California Edison, Fault Hazard Investigation of Transmission Tower Sites, Los Angeles, San Bernardino, and Kern Counties, CA. 02/2020 – 12/2024. Mr. Metcalf was the Senior Engineering Geologist on fault trench investigations at three transmission structure sites identified as having a high fault rupture risk. He conducted aerial photograph and LiDAR analyses of geomorphology to identify fault-related landforms and optimize trench locations. He conducted geologic field mapping and excavated and logged a total of 515 feet of fault trench at three separate sites. He used photogrammetric software to create ortho-rectified photo-realistic mosaics of fault trench walls for use as base maps during logging to assist in identification of fault features and to provide a detailed, permanent photographic record of trench conditions during logging. Mr. Metcalf managed optically stimulated luminescence (OSL) age-dating by Cal State Long Beach and GPS-survey to establish fault rupture locations relative to transmission structures, age of faulting, fault slip-rate, and estimate potential future fault slip per earthquake event. Kleinfelder currently assisting with mitigation design for select structures. Years of Experience 36 years Education MA, Geological Science, Univ. of California, Santa Barbara BA, Geological Science, Univ. of California, Santa Barbara Registrations Professional Geologist (PG), No. 5741, CA Certified Engineering Geologist (CEG), No. 1829, CA Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 68CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES RESUME Kleinfelder | 2 Iida Group Holdings, Fault Hazard Investigation for Hotel Development, San Diego, CA. 08/2023 – 011/2023. Principal engineering geologist on a fault trenching study of the active Rose Canyon fault in downtown San Diego. Trenching was performed in unstable ground using trench shoring to safely support the trench during logging of a 20-foot-deep excavation. Photogrammetry was used to create a composite, shoring-free image of the trench to clearly represent stratigraphic relations which allowed Mr. Metcalf to demonstrate age relations of sedimentary units and absence of fault offsets, allowing development to proceed. Department of Defense, Fault Hazard Investigation of Military Facilities, Eastern CA. 03/2020. Senior engineering geologist on a fault trenching study in a designated Alquist-Priolo fault zone. The South Flightline Area at the Naval Air Weapons Station China Lake are crossed by several active faults of the Little Lake Fault Zone. Proposed improvements cover approximately 85 acres and include two hangers, an air traffic control tower, a fire-fighting facility, and runway aprons and taxiways. The field investigation consisted of excavation and geologic logging of eight fault trenches, surface geophysics, age-dating of soil samples by infra-red stimulated luminescence (IRSL), and mapping of surface ground cracks formed during the 2019 Ridgecrest earthquake. Led one of two teams logging over 6,300 feet of trench up to 15- feet-deep to identify specific fault locations within a proposed multi-building development. LADWP, Eagle Rock Dam Geotechnical Investigation and Instrumentation Installation, Los Angeles County, CA. 10/2020 – 02/2022. Mr. Metcalf was the Senior Engineering Geologist on an exploration of the dam embankment, foundation, right abutment, and groundwater conditions, and investigation of the location of the Eagle Rock fault. He drilled mud-rotary core holes through the dam embankment, foundation, and adjacent fault zone; and conducted core drilling, logging, core photography, down-hole geophysical logging (caliper, acoustic televiewer, duel induction, e-log, natural gamma, P-S suspension), and installed multi-point vibrating-wire piezometers in the embankment and a borehole time-domain reflectometry cable across the fault. Work was performed in accordance with DSOD requirements and drilling pressures were monitored to prevent to ensure no hydro-fracturing of the embankment. MWD, As-Needed Geotechnical Engineering Services, Black Metal Mountain Communications Site Access Road Rehabilitation, San Bernardino County, CA. 11/2022 – 04/2024. Mr. Metcalf served as the Senior Engineering Geologist for a geotechnical investigation to evaluate geologic conditions and geologic hazards and provide geotechnical analysis and recommendations for proposed power pole foundations and access road improvements. MWD is seeking to upgrade infrastructure at the Black Metal Mountain Communications Site to provide more accessible and reliable infrastructure with adequate power capacity for future growth. Proposed infrastructure improvements include upgrading the existing 2.4 kV distribution power line, the power line access road, and the main access road. Mr. Metcalf led a field team conducting geologic mapping, scanline surveys, core drilling, and surface geophysical surveys to determine geotechnical conditions for power poles, fill slopes, cut slopes up to 50-feet-high, retaining walls and/or soil nails, and a 75-foot-long culvert. Southern Nevada Water Authority, Apex Tunnel, Las Vegas, NV. 06/2008 – 01/2009. Mr. Metcalf served as Senior Engineering Geologist on a geotechnical study for a proposed 9,200-foot-long water tunnel through carbonate rocks in a structurally complex terrain. Managed field operations, including drilling using multiple rigs (both track-mounted and helicopter-serviced), core logging, and surface and borehole geophysics (seismic refraction, optical and acoustic televiewer, natural gamma). Conducted geologic mapping including aerial photo analysis to define the distribution of desert landforms and tectonic geomorphology of faults. Interpreted drilling, mapping, and geophysics results and made recommendations to the client on alternative tunnel routes. Prepared geologic cross sections and co-authored the geotechnical data report. The Apex Tunnel study was part of a larger$1.6M Kleinfelder study for a proposed 48-mile-long pipeline as part of the Clark, Lincoln and White Pine Counties Groundwater Development Project for the Southern Nevada Water Authority. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E EXHIBIT “D” FEE SCHEDULE Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 29 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1.Generally Accepted Accounting Principles (GAAP) 2.Terms and conditions of the contract 3.Title 23 United States Code Section 112 -Letting of Contracts 4.48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5.23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration of Engineering and Design Related Service 6.48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name:_______________________________Title*:________________________ ____________________________________ Signature: _______________________ Date of Certification {mm/dd/yyyy):_____________ Phone Number: _______________________ Email: ___________________________ Address: ______________________________________________________________________ *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. Brian Knoll Chief Operations Officer April 22, 2025 3788 McCray Street, Riverside, CA 92506 951.686.1070 brian.knoll@webbassociates.com Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 33 RATE 120% PERCENTAGE 30% (average) CLASSIFICATION/TITLE UNBURDENDED HOURLY RATE FULLY BURDENED HOURLY RATE (Rate + OH + Fee) Principal Engineer $99.00 $235.00 Project Engineer III $71.00 $215.00 Project Engineer II $51.00 $195.00 Project Engineer I $39.00 $170.00 CAD Designer/Manager $66.00 $160.00 CAD Designer III $47.00 $150.00 CAD Designer II $36.00 $140.00 Administrative/Project Coordinator $36.00 $100.00 Principal Engineer $99.00 $235.00 Electrical Engineer III $61.00 $215.00 Electrical Engineer II $46.00 $195.00 Electrical Engineer I $37.00 $170.00 CAD Designer/Manager $66.00 $160.00 CAD Designer III $47.00 $150.00 CAD Designer II $36.00 $140.00 Administrative/Project Coordinator $36.00 $100.00 Fee Percentage * fee percentage applied to the cost of work OVERHEAD AND FEE Audited Overhead Rate * must be supportable under an audit Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1.Generally Accepted Accounting Principles (GAAP) 2.Terms and conditions of the contract 3.Title 23 United States Code Section 112 -Letting of Contracts 4.48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5.23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration of Engineering and Design Related Service 6.48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name:_______________________________Title*:________________________ ____________________________________ Signature: _______________________ Date of Certification {mm/dd/yyyy):_____________ Phone Number: _______________________ Email: ___________________________ Address: ______________________________________________________________________ *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. Borislav Petkovic Principal 04/22/2025 (801) 299-1327 boris.petkovic@aquaeng.com 533 West 2600 South, Suite 275, Bountiful, Utah 84010 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 147.11% Sr. Program Mgr. / Sr. Principal Structural Engineer Principal Professional / Sr. Structural Engineer Sr. CADD Designer $109.25 Sr. Professional / Project Engineer II $53.33 $53.84 $79.80 STRUCTURAL: GEOTECHNICAL: Principal Professional Sr. Principal Professional 12% $220.89 $147.62 $302.40 $149.03 $193.34$69.85 $98.43 $272.45 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 29 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1.Generally Accepted Accounting Principles (GAAP) 2.Terms and conditions of the contract 3.Title 23 United States Code Section 112 -Letting of Contracts 4.48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5.23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration of Engineering and Design Related Service 6.48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name:_______________________________Title*:________________________ ____________________________________ Signature: _______________________ Date of Certification {mm/dd/yyyy):_____________ Phone Number: _______________________ Email: ___________________________ Address: ______________________________________________________________________ *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. 04/22/2025 Kleinfelder, 770 First Avenue, Suite 400, San Diego, CA 92101 John Moossazadeh, PE Senior Vice President jmoossazadeh@kleinfelder.com 619.831.4624 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E CITY COUNCIL STAFF REPORT DATE: MAY 28, 2025 CONSENT CALENDAR SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH ALBERT A. WEBB ASSOCIATES, A CALIFORNIA CORPORATION, CAROLLO ENGINEERS, A DELAWARE CORPORATION, AND TKE ENGINEERING, A CALIFORNIA CORPORATION, FOR ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES FROM: Scott C. Stiles, City Manager BY: Engineering Services Department SUMMARY: Approval of this item will allow the Engineering Services Department to enter into five- year professional services agreements to provide wastewater design services for a variety of projects at the Palm Springs Wastewater Treatment Plant and the City’s sewer collections system. A total of three firms have been selected to provide on-call services. RECOMMENDATION: 1) Approve Professional Services Agreement No. _____ with Albert A. Webb Associates, a California corporation, to provide “On-call” Wastewater Engineering Design Services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $5,000,000; 2) Approve Professional Services Agreement No. _____ with Carollo Engineers, Inc., a Delaware corporation, to provide “On-call” Wastewater Engineering Design Services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $5,000,000; 3) Approve Professional Services Agreement No. _____ with TKE Engineering, Inc., a California corporation, to provide “On-call” Wastewater Engineering Design Services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $5,000,000; and 4) Authorize the City Manager or designee to execute all necessary Agreements and execute all task orders that fall under the Agreement value. Item 1J - Page 1 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E City Council Staff Report May 28, 2025 -- Page 2 On-Call Wastewater Engineering Design Agreements BUSINESS PRINCIPAL DISCLOSURE: Copies of the Public Integrity Disclosure form for the awarded firms are included as Attachment A. BACKGROUND: The City of Palm Springs owns the Wastewater Treatment Plant (WWTP) located at 4375 E. Mesquite Avenue and the associated public sewer collection systems. The plant and the collection systems are operated by Veolia under contract by the City. The WWTP requires as-needed, “On-Call” Wastewater Engineering Design Services for a variety of future improvements, repairs, and maintenance projects. The full extent of required professional services is not known at the present time; however, generally the Department anticipates the need for wastewater design services for various budgeted projects. Currently, the City has two on-call wastewater design firms available to perform services for the WWTP’s various projects: • Carollo Engineers • Stantec Consulting Services These firms have provided services to the City for past projects since 2020; however, their existing contracts have the following term limits: an initial term of three years, with two one-year extensions upon approval of the City Manager and mutual consent of the above Consultants, for a total maximum term of five years. STAFF ANALYSIS: On March 24, 2025, the Request for Qualifications (RFQ) for "On-Call" Wastewater Engineering Design Services was publicly posted through the City’s online bid management system, PlanetBids™. Interested firms were invited to submit their qualifications by the deadline of April 22, 2025. At the close of the submission period, the City received a total of three (3) proposals as shown in Table 1 below: Table 1 No. Firm Location Status 1 Albert A. Webb Associates Riverside, CA Selected 2 Carollo Engineers, Inc. Costa Mesa, CA Selected 3 TKE Engineering, Inc. Riverside, CA Selected Following a review of the proposals by a selection committee, all firms were selected. Staff recommends that the City Council approve Professional Services Agreements with the selected firms to provide the requested services for the City. A copy of the Agreement is included as Attachment B. Item 1J - Page 2 I I Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E City Council Staff Report May 28, 2025 -- Page 3 On-Call Wastewater Engineering Design Agreements It is important to note that the agreements are not for a specific dollar amount, as the extent to which services may be needed is not currently known. The maximum contract amount reflects the on-call nature of the Agreement, in that there is no defined cost other than the consultant’s schedule of hourly rates and fees identified in Exhibit “D” of the agreements. This fact is reflected in Section 2.1 of the Agreement, which states: 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 Director of Engineering/City Engineer or the City Manager as provided in this Section 2.1. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the fee schedule set forth in Exhibit “D”. The total amount of Compensation for the duration of the term of this agreement, as defined in Section 3.4, shall not exceed $5,000,000. ENVIRONMENTAL ASSESSMENT: The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. ALIGNMENT WITH STRATEGIC PLANNING: This Project aligns with the City Council Broad Goal of Infrastructure and Facilities. FISCAL IMPACT: The proposed agreements provide services to the City as on-call agreements and have no specific contract sum. The scope of services required by these agreements will vary depending upon the number and type of projects assigned to the various firms. The Item 1J - Page 3 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E City Council Staff Report May 28, 2025 -- Page 4 On-Call Wastewater Engineering Design Agreements annual level of on-call services required by these agreements is unknown and may significantly increase or decrease from year to year. Expenditures for individual “Task Orders” approved for specific assignments associated with capital projects will be encumbered from funding previously budgeted and appropriated for that capital project. Where possible, staff will seek grant, state, or federal funding for capital projects. REVIEWED BY: City Engineer: Joel Montalvo Deputy City Manager: Flinn Fagg City Manager: Teresa Gallavan for Scott Stiles ATTACHMENTS: A. Public Integrity Disclosure Forms B. Sample Agreement Item 1J - Page 4 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Attachment A Item 1J - Page 5 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 22 PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity 2. Address of Entity (Principal Place of Business) 3. Local or California Address (if different than #2) 4. State where Entity is Registered with Secretary of State 5. Type of Entity 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity Officer Manager [name]General Limited Partner Carollo Engineers Item 1J - Page 6 Carollo Engineers, Inc. 2795 Mitchell Drive, Walnut Creek, California 94598 3150 Bristol Street, Suite 500, Costa Mesa, CA 92626 Delaware If other than California, is the Entity also registered in California? [gl Yes □ No Ix Corporation □ Limited Liability Company □ Partnership □ Trust □ Other (please specify) Xl □ Director □ Member □ □ Partner □ Limited Partner □Other Balakrishnan Narayanan, CEO/President; Ash Wason, Chief Financial Officer/Treasurer; Kristi Powers, General Counsel/Secretary □ Officer □ Director □ Member □ Manager [name] □ General Partner □ Limited Partner □ Other -- □ Officer □ Director □ Member □ Manager [name] □ General Partner □ □ Other -- Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 23 7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE JANE DOE [name of owner/investor] 50%, ABC COMPANY, Inc. [percentage of beneficial interest in entity and name of entity] A. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] B. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] D. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] E. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT Signature of Disclosing Party, Printed Name, Title Date 5.2% Carollo Engineers, Inc. Balakrishnan Narayanan 4/22/25 Item 1J - Page 7 Douglas Lanning, PE, Senior Vice President Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 22 PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity 2. Address of Entity (Principal Place of Business) 3. Local or California Address (if different than #2) 4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? Yes No 5. Type of Entity Corporation Limited Liability Company Partnership Trust Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity Officer Director Member Manager [name] General Partner Limited Partner Other Officer Director Member Manager [name] General Partner Limited Partner Other Officer Director Member Manager [name] General Partner Limited Partner Other TKE Engineering, Inc. 2305 Chicago Avenue, Riverside, CA 92507 California MichaelThornton TerryRenner StevenLedbetter TKE Engineering Item 1J - Page 8 V ✓ ✓ -- ✓ -- Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 23 7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE JANE DOE [name of owner/investor] 50%, ABC COMPANY, Inc. [percentage of beneficial interest in entity and name of entity] A. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] B. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] D. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] E. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT Signature of Disclosing Party, Printed Name, Title Date 4/21/2025Steven Ledbetter, Vice President Michael Thornton 70% TKE Engineering, Inc. Terry Renner 20% TKE Engineering, Inc. Steven Ledbetter 10% TKE Engineering, Inc. Item 1J - Page 9 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 25CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES 22 PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity 2.Address of Entity (Principal Place of Business) 3. Local or California Address (if different than #2) 4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? � Yes � No 5.Type of Entity � Corporation � Limited Liability Company � Partnership � Trust � Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity � Officer � Director � Member � Manager [name]� General Partner � Limited Partner �Other � Officer � Director � Member � Manager [name]� General Partner � Limited Partner � Other � Officer � Director � Member � Manager [name] � General Partner � Limited Partner � Other Albert A. Webb Associates 3788 McCray Street, Riverside, CA 92506 X California X Matthew Webb - CEO/ President X X Scott Webb - Secretary Sandra Webb - Board Member ALber A. Webb Associates Item 1J - Page 10 A L B E R T A. WEBB ASSOCIATES Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 26CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES 22 PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM1. Name of Entity2.Address of Entity (Principal Place of Business)3. Local or California Address (if different than #2)4. State where Entity is Registered with Secretary of StateIf other than California, is the Entity also registered in California? � Yes � No5.Type of Entity� Corporation � Limited Liability Company � Partnership � Trust � Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity � Officer � Director � Member � Manager [name]� General Partner � Limited Partner �Other � Officer � Director � Member � Manager [name]� General Partner � Limited Partner � Other � Officer � Director � Member � Manager [name] � General Partner � Limited Partner � Other X Steve Webb - Board Member X Todd Smith - Chief Financial Officer Bob Sepe X Item 1J - Page 11 A L B E R T A. WEBB ASSOCIATES Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E 27CITY OF PALM SPRINGS ON-CALL WASTEWATER ENGINEERING DESIGN SERVICES 23 7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE JANE DOE [name of owner/investor] 50%, ABC COMPANY, Inc. [percentage of beneficial interest in entity and name of entity] A. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] B. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] D. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] E. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT Signature of Disclosing Party, Printed Name, Title Date Matthew Webb Scott Webb Sandra Webb 38.44% 38.44% 11.54% April 22, 2025 Item 1J - Page 12 1~/£<2 A L B E R T A. WEBB ASSOCIATES Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Attachment B Item 1J - Page 13 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 1 of 19 CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT ON-CALL WASTEWATER DESIGN SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this 1st day of December, 2024, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as “City”) and xxxxxxxxxxxxx , (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” Wastewater Design Services for a variety of future Wastewater engineering projects, (hereinafter the “Project”). B. Consultant has submitted to City a proposal to provide As-Needed, “On-Call” Design Engineering Services for a variety of future waste engineering projects to City pursuant to the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 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 acknowledges that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant is a provider of professional services and that Consultant is experienced in performing the Work contemplated herein and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by 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”); (5) Fee Schedule; and (5) the Item 1J - Page 14 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 2 of 19 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 attached as Exhibits “B” and “C” respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant’s Proposal. All provisions of the Scope of Services, 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: (1st) the terms of this Agreement; (2nd) the provisions of the Task Order; (3rd) Scope of Services (Exhibit “A”), as may be amended from time to time; (4th) the provisions of the City’s Request for Qualifications (Exhibit “B”); and (5th) the provisions of the Consultant’s Proposal. 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 affirms that Consultant (a) has investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good Item 1J - Page 15 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 3 of 19 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. 1.8 Performance of Services. City Manager or Director of Engineering/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 the Director of Engineering/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 Director of Engineering/City Engineer or the City Manager as provided in this Section 2.1. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the fee schedule set forth in Exhibit “D”. The total amount of Compensation for the duration of the term of this agreement, as defined in Section 3.4, shall not exceed $5,000,000. 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 (Fee Schedule) 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 Item 1J - Page 16 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 4 of 19 all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation, therefore. It is expressly agreed that the maximum contract amount of this Agreement is undefined and is subject to the number and type of projects requiring the Consultant’s Services throughout the duration of the term of 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 Item 1J - Page 17 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 5 of 19 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, 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 Majeure. 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 commence on December 1, 2024 and continue in full force and effect for three (3) years. At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional one (1) year terms. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: xxxxxxxxxxxxx. 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 Item 1J - Page 18 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 6 of 19 City Manager of City and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, 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 ventures or a member of any joint enterprise with Consultant. B. Consultant shall not incur or have the power to incur any debt, obligation, or Item 1J - Page 19 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 7 of 19 liability against City, or bind City in any manner. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subconsultants, or agents, Consultant shall indemnify City for all such financial obligations. 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 Item 1J - Page 20 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 8 of 19 agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) acknowledge 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 Item 1J - Page 21 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 9 of 19 insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non- owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: 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. Item 1J - Page 22 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 10 of 19 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. 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. I. 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. Item 1J - Page 23 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 11 of 19 5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 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, Item 1J - Page 24 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 12 of 19 orders, penalties, and expenses including legal costs and reasonable 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 applicable federal, state, or local law or ordinance or to the extent arising out of, pertaining to, or relating to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole or active 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 Item 1J - Page 25 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 13 of 19 Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subconsultants shall provide for assignment to City of any documents or materials prepared by them, and in the event, Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be 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 may be determined by the City. Upon receipt of the notice of termination, Consultant shall Item 1J - Page 26 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 14 of 19 immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. 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.B, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided herein. 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. Item 1J - Page 27 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 15 of 19 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. 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 Item 1J - Page 28 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 16 of 19 City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. 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 To Consultant: xxxxxxxxxxxxxxxxxxxxxxx 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. 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in Item 1J - Page 29 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 17 of 19 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. 10.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “E” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. Item 1J - Page 30 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 18 of 19 [SIGNATURES ON FOLLOWING PAGE] Item 1J - Page 31 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Page 19 of 19 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND [***INSERT NAME***] IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONSULTANT: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: : Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: 11/21/2024 Item No. 1MM APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $150,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Item 1J - Page 32 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 8/28/2024 License # 0757776 (951) 779-8558 (951) 231-2572 25674 Albert A. Webb Associates 3788 McCray Street Riverside, CA 92506 19437 A 1,000,000 X P-630-8W805292-TIL-24 9/1/2024 9/1/2025 300,000 $0 Deductible 5,000 1,000,000 2,000,000 2,000,000 1,000,000A X BA-9T94622A-24-43-G 9/1/2024 9/1/2025 A X UB-4J648178-24-43-G 9/1/2024 9/1/2025 1,000,000 Y 1,000,000 1,000,000 B Professional Liab.031711122 9/1/2024 Ded $150k/EaClaim 1M 2,000,000 The City of Palm Springs, its officials, employees, and agents are Additional Insured's with regard to the General Liability policy per the attached endorsement form CGD379 02/19, CGT100 02/19 (pg. 16), Primary & Non-Contributory wording included. Additional Insured applies with regard to the Auto Liability policy per the attached endorsement form CAT353 02/15. Primary & Non-Contributory applies with regard to the Auto Liability policy per the attached endorsement form CAT474 02/16. Waiver of Subrogation applies with regard to the Workers' Compensation policy per the attached endorsement form WC990376(A). Should the policies be cancelled before the expiration date, Hub International Insurance Services Inc. (Hub), independent of any rights which may be afforded within the policies to the certificate holder named below, will provide to such certificate holder notice of such cancellation within thirty (30) days of the SEE ATTACHED ACORD 101 City of Palm Springs Dept of Public Works and Engineering 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 ALBEAWE-01 SGONZALEZ HUB International Insurance Services Inc. PO Box 5345 Riverside, CA 92517 Kristie Koehrer cal.cpu@hubinternational.com Travelers Property Casualty Company of America Lexington Insurance Company X 9/1/2025 X X X X X X X Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. HUB International Insurance Services Inc. ALBEAWE-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance License # 0757776 0 SEE P 1 Albert A. Webb Associates 3788 McCray Street Riverside, CA 92506 SEE PAGE 1 SGONZALEZ 1 Description of Operations/Locations/Vehicles: cancellation date, except in the event the cancellation is due to non-payment of premium, in which case Hub will provide to such certificate holder notice of such cancellation within ten (10) days of the cancellation date. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE – This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A.Non-Owned Watercraft – 75 Feet Long Or Less H.Blanket Additional Insured – Governmental Entities – Permits Or Authorizations Relating ToB.Who Is An Insured – Unnamed Subsidiaries PremisesC.Who Is An Insured – Retired Partners, Members, I.Blanket Additional Insured – GovernmentalDirectors And Employees Entities – Permits Or Authorizations Relating ToD.Who Is An Insured – Employees And Volunteer OperationsWorkers – Bodily Injury To Co-Employees, Co- J.Incidental Medical MalpracticeVolunteer Workers And Retired Partners, Members, Directors And Employees K.Medical Payments – Increased Limit E.Who Is An Insured – Newly Acquired Or Formed L.Amendment Of Excess Insurance Condition – Limited Liability Companies Profess ional Liability F.Blanket Additional Insured – Controlling Interest M.Blanket Waiver Of Subrogation – When Required By Written Contract Or AgreementG.Blanket Additional Insured – Mortgagees, Assignees, Successors Or Receivers N.Contractual Liability – Railroads PROVISIONS uses or is responsible for the use of a watercraft that you do not own that is:A. NON-OWNED WATERCRAFT – 75 FEET (1)75 feet long or less; andLONG OR LESS (2)Not being used to carry any person1.The following replaces Paragraph (2)of or property for a charge;Exclusion g.,Aircraft, Auto Or Watercraft, in Paragraph 2.of SECTION I –B. WHO IS AN INSURED – UNNAMED COVERAGES – COVERAGE A – BODILY SUBSIDIARIES INJURY AND PROPERTY DAMAGE The following is added to SECTION II – WHO ISLIABILITY:AN INSURED: (2)A watercraft you do not own that is:Any of your subsidiaries, other than a partnership(a)75 feet long or less; and or joint venture, that is not shown as a Named (b)Not being used to carry any person Insured in the Declarations is a Named Insured or property for a charge;if: 2.The following replaces Paragraph 2.e.of a.You are the sole owner of, or maintain an SECTION II – WHO IS AN INSURED:ownership interest of more than 50% in, such subsidiary on the first day of the policye.Any person or organization that, with period; andyour express or implied consent, either CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 1 of 6 Includes co py righted material of Insurance Services Office, Inc. with its permission. Albert A. Webb Associates Policy Number: P-630-8W805292-TIL-24 Policy Period: 09/01/2024 to 09/01/2025 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E COMMERCIAL GENERAL LIABILITY Unless you are in the business or occupationb.Such subsidiary is not an insured under of providing professional health caresimilar other insurance. services, Paragraphs (1)(a),(b),(c)and (d)No such subsidiary is an insured for "bodily above do not apply to "bodily injury" arisinginjury" or "property damage" that occurred, or out of providing or failing to provide first aid"personal and advertising injury" caused by an or "Good Samaritan services" by any of youroffense committed:retired partners, members, directors or a.Before you maintained an ownership interest "employees", other than a doctor. Any such of more than 50% in such subsidiary; or retired partners, members, directors or "employees" providing or failing to provideb.After the date, if any, during the policy period first aid or "Good Samaritan services" duringthat you no longer maintain an ownership their work hours for you will be deemed to beinterest of more than 50% in such subsidiary.acting within the scope of their employmentFor purposes of Paragraph 1.of Section II – Who by you or performing duties related to theIs An Insured, each such subsidiary will be conduct of your business.deemed to be designated in the Declarations as:(2)"Personal injury": a.A limited liability company;(a)To you, to your current or retired b.An organization other than a partnership,partners or members (if you are ajoint venture or limited liability company; or partnership or joint venture), to your current or retired members (if you are ac.A trust; limited liability company), to your otheras indicated in its name or the documents that current or retired directors orgovern its structure."employees" while in the course of his or her employment or performing dutiesC. WHO IS AN INSURED – RETIRED PARTNERS, related to the conduct of your business,MEMBERS, DIRECTORS AND EMPLOYEES or to your other "volunteer workers"The following is added to Paragraph 2.of while performing duties related to theSECTION II – WHO IS AN INSURED:conduct of your business; Any person who is your retired partner, member,(b)To the spouse, child, parent, brother or director or "employee" that is performing services sister of that current or retired partner, for you under your direct supervision, but only for member, director, "employee" or "volunteer worker" as a consequence ofacts within the scope of their employment by you Paragraph (2)(a)above;or while performing duties related to the conduct of your business. However, no such retired (c)For which there is any obligation to partner, member, director or "employee" is an share damages with or repay someone else who must pay damages because ofinsured for: the injury described in Paragraph (2)(a) (1)"Bodily injury":or (b)above; or (a)To you, to your current partners or (d)Arising out of his or her providing ormembers (if you are a partnership or failing to provide professional health carejoint venture), to your current members services.(if you are a limited liability company) or (3)"Property damage" to property:to your current directors; (a)Owned, occupied or used by; or(b)To the spouse, child, parent, brother or sister of that current partner, member or (b)Rented to, in the care, custody or controldirector as a consequence of Paragraph of, or over which physical control is(1)(a)above;being exercised for any purpose by; (c)For which there is any obligation to you, any of your retired partners, membersshare damages with or repay someone or directors, your current or retiredelse who must pay damages because of "employees" or "volunteer workers", anythe injury described in Paragraph (1)(a) current partner or member (if you are aor(b)above; or partnership or joint venture), or any current(d)Arising out of his or her providing or member (if you are a limited liabilityfailing to provide professional health care company) or current director.services. Page 2 of 6 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E COMMERCIAL GENERAL LIABILITY D. WHO IS AN INSURED – EMPLOYEES AND organization will be deemed to be VOLUNTEER WORKERS – BODILY INJURY designated in the Declarations as: TO CO-EMPLOYEES, CO-VOLUNTEER a.A limited liability company;WORKERS AND RETIRED PARTNERS, b.An organization other than a partnership,MEMBERS, DIRECTORS AND EMPLOYEES joint venture or limited liability company;The following is added to Paragraph 2.a.(1)of orSECTION II – WHO IS AN INSURED: c.A trust;Paragraphs (1)(a),(b)and (c)above do not as indicated in its name or the documentsapply to "bodily injury" to a current or retired co-that govern its structure."employee" while in the course of the co- "employee's" employment by you or performing F. BLANKET ADDITIONAL INSURED – duties related to the conduct of your business, or CONTROLLING INTEREST to "bodily injury" to your other "volunteer 1.The following is added to SECTION II –workers" or retired partners, members or WHO IS AN INSURED:directors while performing duties related to the Any person or organization that has financialconduct of your business.control of you is an insured with respect toE. WHO IS AN INSURED – NEWLY ACQUIRED liability for "bodily injury", "property damage"OR FORMED LIMITED LIABILITY COM PANIES or "personal and advertising injury" that The following replaces Paragraph 3.of arises out of: SECTION II – WHO IS AN INSURED:a.Such financial control; or 3.Any organization you newly acquire or form,b.Such person's or organization'sother than a partnership or joint venture, and ownership, maintenance or use ofof which you are the sole owner or in which premises leased to or occupied by you.you maintain an ownership interest of more The insurance provided to such person orthan 50%, will qualify as a Named Insured if organization does not apply to structuralthere is no other similar insurance available alterations, new construction or demolitionto that organization. However:operations performed by or on behalf of sucha.Coverage under this provision is person or organization.afforded only: 2.The following is added to Paragraph 4.of(1)Until the 180th day after you acquire SECTION II – WHO IS AN INSURED:or form the organization or the end This paragraph does not apply to anyof the policy period, whichever is premises owner, manager or lessor that hasearlier, if you do not report such financial control of you.organization in writing to us within 180 days after you acquire or form it;G. BLANKET ADDITIONAL INSURED – or MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS(2)Until the end of the policy period, when that date is later than 180 days The following is added to SECTION II – WHO ISafter you acquire or form such AN INSURED:organization, if you report such Any person or organization that is a mortgagee,organization in writing to us within assignee, successor or receiver and that you180 days after you acquire or form it; have agreed in a written contract or agreementb.Coverage A does not apply to "bodily to include as an additional insured on thisinjury" or "property damage" that Coverage Part is an insured, but only withoccurred before you ac quired or formed respect to its liability as mortgagee, assignee,the organization; and successor or receiver for "bodily injury", "property c.Coverage B does not apply to "personal damage" or "personal and advertising injury" and advertising injury" arising out of an that: offense committed before you acquired a.Is "bodily injury" or "property damage" thator formed the organization.occurs, or is "personal and advertising injury" For the purposes of Paragraph 1.of Section caused by an offense that is committed, II – Who Is An Insured, each such CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or openings, sidewalk vaults, elevators, street agreement; and banners or decorations. b.Arises out of the ownership, maintenance or I. BLANKET ADDITIONAL INSURED – use of the premises for which that GOVERNMENTAL ENTITIES – PERMITS mortgagee, assignee, successor or receiver OR AUTHORIZATIONS RELATING TO is required under that contract or agreement OPERATIONS to be included as an additional insured on The following is added to SECTION II – WHO ISthis Coverage Part.AN INSURED: The insurance provided to such mortgagee,Any governmental entity that has issued a permitassignee, successor or receiver is subject to the or authorization with respect to operationsfollowing provisions:performed by you or on your behalf and that you a.The limits of insurance provided to such are required by any ordinance, law, building code mortgagee, assignee, successor or receiver or written contract or agreement to include as an will be the minimum limits that you agreed to additional insured on this Coverage Part is an provide in the written contract or agreement, insured, but only with respect to liability for or the limits shown in the Declarations, "bodily injury", "property damage" or "personal whichever are less. and advertising injury" arising out of such operations.b.The insurance provided to such person or organization does not apply to:The insurance provided to such governmental entity does not apply to:(1)Any "bodily injury" or "property damage" that occurs, or any "personal and a.Any "bodily injury", "property damage" oradvertising injury" caused by an offense "personal and advertising injury" arising outthat is committed, after such contract or of operations performed for theagreement is no longer in effect; or governmental entity; or (2)Any "bodily injury", "property damage" or b.Any "bodily injury" or "property damage""personal and advertising injury" arising included in the "products-completedout of any structural alterations, new operations hazard".construction or demolition operations J. INCIDENTAL MEDICAL MALPRACTICEperformed by or on behalf of such 1.The following replaces Paragraph b.of themortgagee, assignee, successor or definition of "occurrence" in thereceiver. DEFINITIONS Section:H. BLANKET ADDITIONAL INSURED – b.An act or omission committed inGOVERNMENTAL ENTITIES – PERMITS OR providing or failing to provide "incidentalAUTHORIZATIONSRELATING TO PREMISES medical services", first aid or "GoodThe following is added to SECTION II – WHO IS Samaritan services" to a person, unlessAN INSURED:you are in the business or occupation of providing professional health careAny governmental entity that has issued a permit services.or authorization with respect to premises owned or occupied by, or rented or loaned to, you and 2.The following replaces the last paragraph of that you are required by any ordinance, law,Paragraph 2.a.(1)of SECTION II – WHO IS building code or written contract or agreement to AN INSURED: include as an additional insured on this Unless you are in the business or occupationCoverage Part is an insured, but only with of providing professional health carerespect to liability for "bodily injury", "property services, Paragraphs (1)(a),(b),(c)and (d)damage" or "personal and advertising injury"above do not apply to "bodily injury" arisingarising out of the existence, ownership, use,out of providing or failing to provide: maintenance, repair, construction, erection or (a)"Incidental medical services" by any ofremoval of any of the following for which that your "employees" who is a nurse,governmental entity has issued such permit or nurse assistant, emergency medicalauthorization: advertising signs, awnings,technician, paramedic, athletic trainer,canopies, cellar entrances, coal holes,audiologist, dietician, nutritionist,driveways, manholes, marquees, hoist away Page 4 of 6 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D3 79 02 19 Includes co py righted material of Insurance Services Office, Inc. with its permission. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E COMMERCIAL GENERAL LIABILITY that is available to any of your "employees"occupational therapist or occupational for "bodily injury" that arises out of providingtherapy assistant, physical therapist or or failing to provide "incidental medicalspeech-language pathologist; or services" to any person to the extent not(b)First aid or "Good Samaritan services"subject to Paragraph 2.a.(1)of Section II –by any of your "employees" or "volunteer Who Is An Insured.workers", other than an employed or volunteer doctor. Any such "employees"K. MEDICAL PAYMENTS – INCREASED LIMIT or "volunteer workers" providing or failing The following replaces Paragraph 7.ofto provide first aid or "Good Samaritan SECTION III – LIMITS OF INSURANCE:services" during their work hours for you 7.Subject to Paragraph 5.above, the Medicalwill be deemed to be acting within the scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business.because of "bodily injury" sustained by any one person, and will be the higher of:3.The following replaces the last sentence of Paragraph 5.of SECTION III – LIMITS OF a.$10,000; orINSURANCE: b.The amount shown in the Declarations ofFor the purposes of determining the this Coverage Part for Medical Expenseapplicable Each Occurrence Limit, all related Limit.acts or omissions committed in providing or failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION – PROFESSIONAL LIABILITYservices" to any one person will be deemed The following is added to Paragraph 4.b.,to be one "occurrence".Excess Insurance, of SECTION IV –4.The following exclusion is added to COMMERCIAL GENERAL LIABILITYParagraph2.,Exclusions, of SECTION I –CONDITIONS: COVERAGES – COVERAGE A – BODILY This insurance is excess over any of the otherINJURY AND PROPERTY DAMAGE insurance, whether primary, excess, contingentLIABILITY:or on any other basis, that is ProfessionalSale Of Pharmaceuticals Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION –pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACTknowledge or consent of the insured.OR AGREEMENT5.The following is added to the DEFINITIONS The following is added to Paragraph 8.,TransferSection: Of Rights Of Recovery Against Others To Us,"Incidental medical services" means:of SECTION IV – COMMERCIAL GENERAL a.Medical, surgical, dental, laboratory, x-LIABILITY CONDITIONS: ray or nursing service or treatment,If the insured has agreed in a written contract oradvice or instruction, or the related agreement to waive that insured's right offurnishing of food or beverages; or recovery against any person or organization, we b.The furnishing or dispensing of drugs or waive our right of recovery against such personmedical, dental, or surgical supplies or or organization, but only for payments we makeappliances.because of: 6.The following is added to Paragraph 4.b.,a."Bodily injury" or "property damage" thatExcess Insurance, of SECTION IV –occurs; orCOMMERCIAL GENERAL LIABILITY b."Personal and advertising injury" caused byCONDITIONS: an offense that is committed;This insurance is excess over any valid and subsequent to the signing of that contract orcollectible other insurance, whether primary, excess, contingent or on any other basis,agreement. CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E COMMERCIAL GENERAL LIABILITY N. CONTRACTUAL LIABILITY– RAILROADS 1.The following replaces Paragraph c.of the definition of "insured contract" in the DEFINITIONS Section: c.Any easement or license agreement; 2.Paragraph f.(1)of the definition of "insured contract" in the DEFINITIONS Section is deleted. Page 6 of 6 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E COMMERCIAL GENERAL LIABILITY 4. Other Insurance (ii)That is insurance for "premises damage";If valid and collectible other insurance is available to (iii)If the loss arises out of thethe insured for a loss we cover under Coverages A maintenance or use of aircraft,or B of this Coverage Part, our obligations are "autos" or watercraft to the extentlimited as described in Paragraphs a.and b.below. not subject to any exclusion in thisAs used anywhere in this Coverage Part, other Coverage Part that applies toinsurance means insurance, or the funding of aircraft, "autos" or watercraft;losses, that is provided by, through or on behalf of: (iv)That is insurance available to a(i)Another insurance company;premises owner, manager or (ii)Us or any of our affiliated insurance companies,lessor that qualifies as an insured except when the Non cumulation of Each under Paragraph 4.of Section II – Occurrence Limit provision of Paragraph 5.of Who Is An Insured, except when Section III – Limits Of Insurance or the Non Paragraph d.below applies; or cumulation of Personal and Advertising Injury (v)That is insurance available to anLimit provision of Paragraph 4.of Section III –equipment lessor that qualifies asLimits of Insurance applies because the an insured under Paragraph 5.ofAmendment – Non Cumulation Of Each Section II – Who Is An Insured,Occurrence Limit Of Liability And Non except when Paragraph d.belowCumulation Of Personal And Advertising Injury applies.Limit endorsement is included in this policy; (b)Any of the other insurance, whether(iii)Any risk retention group; or primary, excess, contingent or on any (iv)Any self-insurance method or program, in other basis, that is available to the which case the insured will be deemed to be insured when the insured is an the provider of other insurance.additional insured, or is any other insured that does not qualify as aOther insurance does not include umbrella named insured, under such otherinsurance, or excess insurance, that was bought insurance.specifically to apply in excess of the Limits of (2)When this insurance is excess, we willInsurance shown in the Declarations of this have no duty under Coverages A or B toCoverage Part. defend the insured against any "suit" if anyAs used anywhere in this Coverage Part, other other insurer has a duty to defend theinsurer means a provider of other insurance. As insured against that "suit". If no otherused in Paragraph c.below, insurer means a insurer defends, we will undertake to do so,provider of insurance.but we will be entitled to the insured's rights against all those other insurers.a. Primary Insurance (3)When this insurance is excess over otherThis insurance is primary except when insurance, we will pay only our share of theParagraphb.below applies. If this insurance is amount of the loss, if any, that exceeds theprimary, our obligations are not affected unless sumof:any of the other insurance is also primary. (a)The total amount that all such otherThen, we will share with all that other insurance insurance would pay for the loss in theby the method described in Paragraph c.below, absence of this insurance; andexcept when Paragraph d.below applies. (b)The total of all deductible and self-b. Excess Insurance insured amounts under all that other (1)This insurance is excess over:insurance. (4)We will share the remaining loss, if any,(a)Any of the other insurance, whether with any other insurance that is notprimary, excess, contingent or on any described in this Excess Insuranceother basis: provision and was not bought specifically to(i)That is Fire, Extended Coverage,apply in excess of the Limits of InsuranceBuilder's Risk, Installation Risk or shown in the Declarations of this Coveragesimilar coverage for "your work";Part. CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page15 of21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Albert A. Webb Associates Policy Number: P-630-8W805292-TIL-24 Policy Period: 09/01/2024 to 09/01/2025 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a.The statements in the Declarations are accurate and complete;If all of the other insurance permits contribution by equal shares, we will follow this method also.b.Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c.We have issued this policy in reliance uponlimit of insurance or none of the loss remains,your representations.whichever comes first.The unintentional omission of, or unintentional errorIf any of the other insurance does not permit in, any information provided by you which we reliedcontribution by equal shares, we will contribute upon in issuing this policy will not prejudice yourby limits. Under this method, each insurer's rights under this insurance. However, this provisionshare is based on the ratio of its applicable limit does not affect our right to collect additionalof insurance to the total applicable limits of premium or to exercise our rights of cancellation orinsurance of all insurers.nonrenewalin accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, andagreement that the insurance afforded to an any rights or duties specifically assigned in thisinsured under this Coverage Part must apply on Coverage Part to the first Named Insured, thisa primary basis, or a primary and non-insurance applies:contributory basis, this insurance is primary to a.As if each Named Insured were the onlyother insurance that is available to such insured Named Insured; andwhich covers such insured as a named insured, b.Separately to each insured against whom claimand we will not share with that other insurance, is made or "suit" is brought.provided that: 8. Transfer Of Rights Of Recovery Against Others(1)The "bodily injury" or "property damage" for To Uswhich coverage is sought occurs; and If the insured has rights to recover all or part of any(2)The "personal and advertising injury" for payment we have made under this Coverage Part,which coverage is sought is caused by an those rights are transferred to us. The insured mustoffense that is committed;do nothing after loss to impair them. At our request,subsequent to the signing of that contract or the insured will bring "suit" or transfer those rightsagreement by you.to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a.We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we willPart in accordance with our rules and rates.mail or deliver to the first Named Insured shown in b.Premium shown in this Coverage Part as the Declarations written notice of the nonrenewaladvance premium is a deposit premium only. At not less than 30 days before the expiration date.the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficientthe earned premium for that period and send proof of notice.notice to the first Named Insured. The due date SECTION V – DEFINITIONSfor audit and retrospective premiums is the date shown as the due date on the bill. If the sum of 1."Advertisement" means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured.supporters. For the purposes of this definition: c.The first Named Insured must keep records of a.Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request.b.Regarding websites, only that part of a website 6. Representations that is about your goods, products or services for the purposes of attracting customers orBy accepting this policy, you agree: supporters is considered an advertisement. Page16 of21 ú 2017 The Travelers Indemnity Company. All rights reserved.CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Albert A. Webb Associates Policy Number: BA-9T94622A-24-43-G Policy Term: 09/01/2024 to 09/01/2025 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED – PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2.The following is added to Paragraph B.5.,Other Insurance of SECTION IV – BUSINESS AUTO1.The following is added to Paragraph A.1.c., Who CONDITIONS:Is An Insured, of SECTION Il – COVERED AUTOS LIABILITY COVERAGE:Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization, that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requiresthat person's or organization's liability for the this insurance to be primary and non-contributory.conduct of another "insured". CA T4 74 02 16 ú 2016 The Travelers Indemnity Company. All rights reserved.Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Albert A. Webb Associates Policy Number: BA-9T94622A-24-43-G Policy Term: 09/01/2024 to 09/01/2025 Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ONE TOWER SQUARE HARTFORD CT 06183 ENDORSEMENT WC 99 03 76 ( A) - 003 POLICY NUMBER: UB-4J648178-24-43-G ST ASSIGN: Page 1 of 1 DATE OF ISSUE: 09-1-23 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT –CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be mium. 2.00 % of the California workers' compensation pre- Schedule Job Description Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. ARCHITECTURAL SERVICES This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Policy No. Endorsement No. Premium Insurance Company Countersigned by 09/01/2024-09/01/2025 Albert A. Webb Associates UB-4J648178-24-43-G Docusign Envelope ID: 487A0B23-904F-48E9-BAD1-15100CF21B7E