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HomeMy WebLinkAbout25Q161 - Engineering Resources of Southern CaliforniaCONTRACT 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 Engineering Resources of Southern California, Inc. Craig Brudin, Project Manager cbrudin@erscinc.com On-Call Construction Management and Inspection Services NTE $3,000,000 3 years (with 2 one year extension options) On file John M. Brudin, matt@erscinc.com Moe Ahmadi, mahmadi@erscinc.com Engineering Services Joel Montalvo / Anthony Acosta X8740 May 28, 2025 Item 1J 25Q161 Yes Yes Yes Department - No Agreement and Insurance are attached. N/A 06/04/2025 Vonda Teed Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Page 1 of 18 CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT 25Q161 ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION 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 ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., (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” Construction Management and Inspection Services for a variety of future projects, (hereinafter the “Project”). B.Consultant has submitted to City a proposal to provide As-Needed, “On-Call” Construction Management and Inspection 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 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Page 2 of 18 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 (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 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Page 3 of 18 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 $3,000,000. 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 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Page 4 of 18 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 performance caused by any condition beyond the reasonable control and without the fault or negligence Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Page 5 of 18 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 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: Craig Brudin, Director of Operations – Project Manager. 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 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Page 6 of 18 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 liability against City, or bind City in any manner. Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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: 54BA7017-A3BD-4977-8100-F12FF7276936 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: 54BA7017-A3BD-4977-8100-F12FF7276936 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: 54BA7017-A3BD-4977-8100-F12FF7276936 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: 54BA7017-A3BD-4977-8100-F12FF7276936 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: 54BA7017-A3BD-4977-8100-F12FF7276936 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: 54BA7017-A3BD-4977-8100-F12FF7276936 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: 54BA7017-A3BD-4977-8100-F12FF7276936 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: 54BA7017-A3BD-4977-8100-F12FF7276936 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: 54BA7017-A3BD-4977-8100-F12FF7276936 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: Engineering Resources of Southern California, Inc. Attention: Craig Brudin, Director of Operations - Project Manager 77-564 Country Club Dr., Ste. G-128 Palm Desert, CA 92211 Telephone: (909) 890-1255 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: 54BA7017-A3BD-4977-8100-F12FF7276936 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: 54BA7017-A3BD-4977-8100-F12FF7276936 Page 18 of 18 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: : Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: 05/28/2025 Item No. 1H APPROVED AS TO FORM: ATTEST: 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: 54BA7017-A3BD-4977-8100-F12FF7276936 6/4/2025 6/4/2025 6/10/2025 EXHIBIT “A” SCOPE OF SERVICES Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 does not reflect 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 needed. 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 but not limited to: • Americans with Disabilities Act (ADA) • California Public Works Construction Standards (Greenbook) • California Manual on Uniform Traffic Control Devices (MUTCD) • Caltrans Standard Plans and Specifications • Caltrans Local Assistance Procedures Manual (LAPM) • National Pollutant Discharge Elimination System (NPDES) regulations • All applicable 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 services as may be required for a project when assigned. The City will not provide dedicated workspace, office space, staff, printing/copying services, or clerical assistance for 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. Pre-Construction Phase Services: 1. Perform value engineering and constructability review of project plans and specifications. 2. Review engineer’s estimate and approved budget for the project. 3. Prepare and maintain a master project schedule based on anticipated completion of design and construction phases, integrating all reviews and approvals as may be required by City and other regulatory agencies. 4. Develop public outreach materials (in dual language, English/Spanish) and a neighborhood affairs strategy to advise affected property owners, businesses, and the general public, regarding the project. Develop and provide website and toll free phone number for public inquiries and complaints; assign a neighborhood liaison to track complaints. B. Construction Management Services: 1. Arrange and conduct Pre-Construction meeting, inviting general contractor and project stakeholders. Prepare minutes of Pre-Construction meeting for distribution to all attendees. 2. Provide and maintain sufficient field personnel to administer and manage construction contract. Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 3. Review construction schedule, including activity sequences and duration, schedule of submittals and delivery schedule of long lead materials and equipment. Review contractor’s update and revisions as may be required to reflect actual progress of work. 4. Schedule and conduct weekly progress meetings to discuss contract issues, procedures, progress, problems, change orders, submittals, request for information (RFIs), deficiencies and schedules. Prepare minutes of progress meetings for distribution to all attendees. 5. Process contractor’s submittals for project architect’s/design consultant’s review and approval. 6. Process and track RFIs, submittals, shop drawings, proposed change orders and revisions. 7. Review and evaluate proposed change orders. Review estimates for reasonableness and cost effectiveness and render recommendations to City. 8. Maintain cost accounting records on authorized work performed under contract unit costs and additional work performed based on actual costs of time (labor) and materials (T&M). 9. Develop a reasonable cost control system, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. Identify variances between actual and estimated costs and report such variances to City at regular intervals. 10. Assist City in coordinating services of other consultants (geotechnical, NPDES, materials testing, deputy inspection, special laboratory testing, etc.) that may be hired or selected for the project. 11. Coordinate with project architect/design consultant contractor’s requests for interpretation or clarification of meaning and intent of project plans and specifications. 12. Establish and implement job safety procedures in compliance with CAL-OSHA requirements. Monitor contractor’s compliance with established safety program, respond to deficiencies and hazards, and investigate and report on accidents. 13. Track quantities of work completed for progress payment. Develop and implement procedures for review and processing of progress payment applications. Assist City with review and certification for payment. 14. Establish procedures and monitor contractor compliance with federal and state prevailing wage regulations and requirements. 15. Perform quality assurance reviews on a regular basis and recommend changes, as necessary. 16. Comply with federal and state grant funding requirements. 17. Prepare federal and state grant funding reimbursements. 18. Maintain a complete project filing system. Filing system shall be in accordance with Section 16.8 (Chapter 16) of the Caltrans LAPM, and any applicable filing system applicable for new building construction or building improvement projects. C. Inspection Services: 1. Perform daily field inspections of contractor’s work for compliance with plans, specifications, and regulations. 2. Review traffic control plans and ensure compliance with MUTCD and City standards. 3. Maintain daily inspection reports, including contractor activities, materials used, labor, equipment, and weather conditions. 4. Conduct field employee interviews to ensure compliance with labor laws and prevailing wages. 5. Provide accurate quantity tracking and progress measurements for payment applications. Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 6. Identify and address deficiencies or non-compliant work with contractors. 7. Verify materials for compliance with approved submittals and specifications. 8. Monitor adherence to stormwater pollution prevention plans (SWPPP). 9. Ensure compliance with soil compaction and materials testing requirements, coordinating with City’s Acceptance Testing (AT) and Independent Assurance Program (IAP). 10. Monitor contractor utility coordination to avoid conflicts and potential relocation delays. 11. Attend weekly progress meetings and prepare contractor workday reports. 12. Conduct final project walkthroughs, develop punch lists, and monitor completion of corrective actions. D. Post-Construction & Closeout Services: 1. Evaluate completion of work and recommend to City when work is ready for final inspection. 2. Conduct final inspection/walk through with City staff, maintenance/service personnel and project architect/design consultant. 3. Issue preliminary and final punch list, including schedule for punch list completion. Monitor and follow through with contractor until completion of all punch list items. 4. Secure and transmit required guarantees, certifications, affidavits, leases, easement deeds, operating & maintenance manuals, warranties and other documents as stipulated in contract documents. 5. Review and process contractor’s request for final payment and release of retention. 6. Deliver project files to the City. E. Additional Services as Required by the City: At the City’s sole discretion, as may be necessary to supplement existing staff, the selected firm(s) may provide encroachment permit coordination and inspections (including work associated with public and private utility companies and/or their contractors). For work provided on miscellaneous encroachment permit inspections (including work associated with public and private utility companies and/or their contractors), the selected firm(s) shall provide the following work: 1. Review plans, specifications, and other encroachment permit related documents. Become familiar with traffic control plans, construction schedules, construction sequences, and permit requirements from other agencies. 2. Photograph prior, during, and after construction. 3. Attend pre-construction meetings and present special concerns, if any. 4. Provide inspections to ensure encroachments are constructed according to permit requirements. 5. Direct and notify encroachment permittees about non-compliance and correct compliance problems as soon as they are discovered. 6. Maintain daily diaries showing site and weather conditions; traffic control measures taken by contractors; labor, equipment and materials used; quantity of work performed; and major incidents/safety violations. Daily diaries shall be submitted to City upon project completion. 7. Ensure that encroachment permittees do not install materials without approved material testing certifications. Any failed tests shall be reported and direct encroachment permittees to take correction measures to achieve compliance. 8. Coordinate and ensure access to adjacent businesses/residents is maintained during encroachment permittee work. Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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: 54BA7017-A3BD-4977-8100-F12FF7276936 EXHIBIT “B” CITY’S REQUEST FOR PROPOSALS Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 CITY OF PALM SPRINGS, CA ENGINEERING SERVICES DEPARTMENT REQUEST FOR QUALIFICATIONS CM&I RFQ 2025 ON-CALL CONSTRUCTION MANAGEMENT & INSPECTION SERVICES ISSUED: MARCH 24, 2025 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 TABLE OF CONTENTS SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS PAGE NUMBER 1.1 Request for Request for Qualifications 3 1.2 Funding 3 1.3 Term 3 1.4 Schedule 4 1.5 RFQ Documents Location 4 1.6 Evaluation of Qualifications and Award of Contract 4 SECTION 2 – INSTRUCTIONS TO RESPONDERS 2.1 Obtaining RFQ Documents and Addenda 5 2.2 Responder’s Minimum Requirements 5 2.3 Submission of Request for Qualifications 5 2.4 Protest Procedures 5 SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT 3.1 Request for Clarifications/Questions 7 3.2 Responders Ethical Behavior 7 3.3 Request for Qualifications to Remain Open 7 3.4 Right to Accept or Reject Request for Qualifications 7 3.5 Responsibility of Responder 7 3.6 Insurance 7 3.7 Public Record 7 3.8 Cost Related to Request for Qualifications Preparation: 8 3.9 Compliance with Law 8 3.10 Licenses, Permits, Fees and Assessments 8 3.11 Investigations 8 3.12 Non-Collusion 9 3.13 Signed Request for Qualifications and Exceptions 9 3.14 Award of Contract 9 3.15 Form of Agreement 9 SECTION 4 – SCOPE OF WORK 4.1 Background 11 4.2 Scope 11 4.3 Schedule 14 4.4 Compensation 14 SECTION 5 – REQUEST FOR QUALIFICATIONS FORMAT AND ORGANIZATION 5.1 Request for Qualifications Requirements 15 5.2 Electronic Submittal Package Format 15 5.3 Submission of Request for Qualifications 17 SECTION 6 – REQUEST FOR QUALIFICATIONS EVALUATION 6.1 Evaluation of Request for Qualifications 18 6.2 Selection Process and Award of Contract 18 SECTION 7– ATTACHMENTS TO INCLUDE WITH RFQ SUBMITTAL PACKAGE 19 SECTION 8 – SAMPLE AGREEMENT 32 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 3 SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS 1.1 Request for Request for Qualifications The City of Palm Springs is a Charter City in eastern Riverside County, CA with a population of over 48,000. The City is seeking proposals from qualified professional firms to provide On-Call Construction Management & Inspection Services. The selected firm(s) shall be required to demonstrate successful experience and capacity to provide on-call “turn-key” Construction Management & Inspection Services to similar municipal governmental agencies. The Engineering Services Department is currently employed with a staff that includes a Senior Public Works Inspector and two Public Works Inspectors. Given the volume of large public works capital projects in planning, design, and scheduled for construction to be delivered by the Department, the City entered into several agreements with four firms for on-call Construction Management & Inspection Services to assist City staff in 2020. These agreements expire on June 30, 2025, requiring the City’s solicitation of new on-call agreements. In anticipation of future public works capital projects, and as a result of increasing development occurring within the City of Palm Springs, it is the City’s intention to have available, at its request, contractual “on-call” agreements for public works inspection services to provide necessary “turn- key” construction management services for various City Projects, and additional optional services, to provide staff support for encroachment permit/utility construction, and construction inspection of on-site and off-site improvements associated with private land development projects within the City. With regard to the anticipated City Projects, the selected firm(s) will be required to demonstrate adequate experience providing similar full-service “turn-key” construction management services for the following types of projects: • Building & Facility improvements • Electrical & Lighting improvements • Landscaping improvements • Sewer improvements • Storm Drainage improvements • Street improvements • Traffic Signal improvements • New Building & Facility construction projects • Inspection and Compliance with Standards for private residential developments, subdivisions, commercial shopping centers, and hotels, etc. The City may assign projects at its sole discretion. There is no promise or guarantee of work, made or implied, by the City and all work that may be assigned is subject to approval and funding of each project. 1.2 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 grant funds may be excluded from this contract pursuant to the applicable terms and conditions of the grant requirements. 1.3 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. Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 4 1.4 Schedule The following is the schedule for this procurement. Activity Due/Time Request for Qualifications issued March 24, 2025 Request for Clarifications from Responders due April 15, 2025, 12:00 pm PST Request for Qualifications due April 22, 2025, 12:00 pm PST Interviews if desired by City TBD Contract awarded by City Council on May 28, 2025 1.5 RFQ Documents Location https://pbsystem.planetbids.com/portal/47688/portal-home (See CM&I RFQ 2025.) 1.6 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: 54BA7017-A3BD-4977-8100-F12FF7276936 5 SECTION 2 – INSTRUCTIONS TO RESPONDERS 2.1 Obtaining RFQ Documents and Addenda: RFQ documents can be found on PlanetBids 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 construction management and inspection services for public works projects and a minimum of 25 years providing construction management and inspection services (inclusive of public/private 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 construction management and inspection related work for a public agency. The firms’ contract price for these projects must be equal to or greater than $150,000 each (management/inspection 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: Anthony.Acosta@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, 3. Any aspect of the RFQ requirements described herein violates applicable Local, State or Federal law. Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 6 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: 54BA7017-A3BD-4977-8100-F12FF7276936 7 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 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. Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 8 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 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. Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 9 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. 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, 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. Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 10 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 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: 54BA7017-A3BD-4977-8100-F12FF7276936 11 SECTION 4 – SCOPE OF WORK 4.1 Background: The City utilizes qualified professionals to provide licensed On-Call Construction Management and Inspection Services for various public works and private development projects, including but not limited to roadways, bridges, utilities, drainage, traffic signals, and facilities. The City recognizes that the key to successful project delivery is effective contract administration, field inspection, and project oversight. The purpose of this contract is to engage Consultant(s) with the necessary expertise and experience to assist the City with On-Call Construction Management and Inspection 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 does not reflect 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 needed. 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 but not limited to:  Americans with Disabilities Act (ADA)  California Public Works Construction Standards (Greenbook)  California Manual on Uniform Traffic Control Devices (MUTCD)  Caltrans Standard Plans and Specifications  Caltrans Local Assistance Procedures Manual (LAPM)  National Pollutant Discharge Elimination System (NPDES) regulations  All applicable 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 services as may be required for a project when assigned. The City will not provide dedicated workspace, office space, staff, printing/copying services, or clerical assistance for 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. Pre-Construction Phase Services: 1. Perform value engineering and constructability review of project plans and specifications. 2. Review engineer’s estimate and approved budget for the project. 3. Prepare and maintain a master project schedule based on anticipated completion of design and construction phases, integrating all reviews and approvals as may be required by City and other regulatory agencies. 4. Develop public outreach materials (in dual language, English/Spanish) and a neighborhood affairs strategy to advise affected property owners, businesses, and the general public, regarding the project. Develop and provide website and toll free phone number for public inquiries and complaints; assign a neighborhood liaison to track complaints. Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 12 B. Construction Management Services: 1. Arrange and conduct Pre-Construction meeting, inviting general contractor and project stakeholders. Prepare minutes of Pre-Construction meeting for distribution to all attendees. 2. Provide and maintain sufficient field personnel to administer and manage construction contract. 3. Review construction schedule, including activity sequences and duration, schedule of submittals and delivery schedule of long lead materials and equipment. Review contractor’s update and revisions as may be required to reflect actual progress of work. 4. Schedule and conduct weekly progress meetings to discuss contract issues, procedures, progress, problems, change orders, submittals, request for information (RFIs), deficiencies and schedules. Prepare minutes of progress meetings for distribution to all attendees. 5. Process contractor’s submittals for project architect’s/design consultant’s review and approval. 6. Process and track RFIs, submittals, shop drawings, proposed change orders and revisions. 7. Review and evaluate proposed change orders. Review estimates for reasonableness and cost effectiveness and render recommendations to City. 8. Maintain cost accounting records on authorized work performed under contract unit costs and additional work performed based on actual costs of time (labor) and materials (T&M). 9. Develop a reasonable cost control system, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. Identify variances between actual and estimated costs and report such variances to City at regular intervals. 10. Assist City in coordinating services of other consultants (geotechnical, NPDES, materials testing, deputy inspection, special laboratory testing, etc.) that may be hired or selected for the project. 11. Coordinate with project architect/design consultant contractor’s requests for interpretation or clarification of meaning and intent of project plans and specifications. 12. Establish and implement job safety procedures in compliance with CAL-OSHA requirements. Monitor contractor’s compliance with established safety program, respond to deficiencies and hazards, and investigate and report on accidents. 13. Track quantities of work completed for progress payment. Develop and implement procedures for review and processing of progress payment applications. Assist City with review and certification for payment. 14. Establish procedures and monitor contractor compliance with federal and state prevailing wage regulations and requirements. 15. Perform quality assurance reviews on a regular basis and recommend changes, as necessary. 16. Comply with federal and state grant funding requirements. 17. Prepare federal and state grant funding reimbursements. 18. Maintain a complete project filing system. Filing system shall be in accordance with Section 16.8 (Chapter 16) of the Caltrans LAPM, and any applicable filing system applicable for new building construction or building improvement projects. C. Inspection Services: 1. Perform daily field inspections of contractor’s work for compliance with plans, specifications, and regulations. 2. Review traffic control plans and ensure compliance with MUTCD and City standards. 3. Maintain daily inspection reports, including contractor activities, materials used, labor, equipment, and weather conditions. 4. Conduct field employee interviews to ensure compliance with labor laws and prevailing wages. Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 13 5. Provide accurate quantity tracking and progress measurements for payment applications. 6. Identify and address deficiencies or non-compliant work with contractors. 7. Verify materials for compliance with approved submittals and specifications. 8. Monitor adherence to stormwater pollution prevention plans (SWPPP). 9. Ensure compliance with soil compaction and materials testing requirements, coordinating with City’s Acceptance Testing (AT) and Independent Assurance Program (IAP). 10. Monitor contractor utility coordination to avoid conflicts and potential relocation delays. 11. Attend weekly progress meetings and prepare contractor workday reports. 12. Conduct final project walkthroughs, develop punch lists, and monitor completion of corrective actions. D. Post-Construction & Closeout Services: 1. Evaluate completion of work and recommend to City when work is ready for final inspection. 2. Conduct final inspection/walk through with City staff, maintenance/service personnel and project architect/design consultant. 3. Issue preliminary and final punch list, including schedule for punch list completion. Monitor and follow through with contractor until completion of all punch list items. 4. Secure and transmit required guarantees, certifications, affidavits, leases, easement deeds, operating & maintenance manuals, warranties and other documents as stipulated in contract documents. 5. Review and process contractor’s request for final payment and release of retention. 6. Deliver project files to City. E. Additional Services as Required by the City: At the City’s sole discretion, as may be necessary to supplement existing staff, the selected firm(s) may provide encroachment permit coordination and inspections (including work associated with public and private utility companies and/or their contractors). For work provided on miscellaneous encroachment permit inspections (including work associated with public and private utility companies and/or their contractors), the selected firm(s) shall provide the following work: 1. Review plans, specifications, and other encroachment permit related documents. Become familiar with traffic control plans, construction schedules, construction sequences, and permit requirements from other agencies. 2. Photograph prior, during, and after construction. 3. Attend pre-construction meetings and present special concerns, if any. 4. Provide inspections to ensure encroachments are constructed according to permit requirements. 5. Direct and notify encroachment permittees about non-compliance and correct compliance problems as soon as they are discovered. 6. Maintain daily diaries showing site and weather conditions; traffic control measures taken by contractors; labor, equipment and materials used; quantity of work performed; and major incidents/safety violations. Daily diaries shall be submitted to City upon project completion. 7. Ensure that encroachment permittees do not install materials without approved material testing certifications. Any failed tests shall be reported and direct encroachment permittees to take correction measures to achieve compliance. 8. Coordinate and ensure access to adjacent businesses/residents is maintained during encroachment permittee work. 9. Inspect and verify traffic signal installation, including poles, mast arms, signal heads, pedestrian push buttons, detection systems, cabinets, controllers, etc. Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 14 4.3 Schedule: Work will commence on issuance of individual task orders and the task orders will define the schedule for the work. 4.4 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: 54BA7017-A3BD-4977-8100-F12FF7276936 15 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 Provide a description of the construction management and inspection services your company has provided for other municipalities or public entities. Include years of operation and any unique features of your services. Explain how your firm meets the minimum requirements that will be scored on a pass-fail basis A.2 Identify any subcontractor firms or consultants that will be part of your team. Describe each subcontractor’s qualifications, background, and specific expertise related to construction management and inspection services A.3 The selected consultant must demonstrate familiarity with construction management and inspection of public works infrastructure projects, including roads, bridges, utilities, and municipal facilities. Demonstrate knowledge of applicable codes, manuals, and regulations, such as the California Public Works Construction Standards (Greenbook), Caltrans Standards, California Building Code, Manual on Uniform Traffic Control Devices (MUTCD), etc. 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. 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. Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 16 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, 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 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. Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 17 5.3 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 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: 54BA7017-A3BD-4977-8100-F12FF7276936 18 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: 54BA7017-A3BD-4977-8100-F12FF7276936 EXHIBIT “C” CONSULTANT’S PROPOSAL Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Proposal to Provide On-Call Construction Management & Inspection Services Submitted: April 22, 2025 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Table of Contents 1 2 8 10 17 19 Cover Letter Section A: Firm Qualifications & Experience Section B: Team Qualifications & Experience Section C: Project Understanding & Scope of Work Section D: Financial Responsibility Section E: Attachments Resumes Forms Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Local Office:77-564 Country Club Dr., Suite 128Palm Desert, CA 92211(909) 890-1255, info@erscinc.com Evaluation Period Contact:Craig Brudin, QSPProject Manager(909) 890-1255 x102cbrudin@erscinc.com 1861 W. Redlands Blvd. | Redlands, CA 92373(909) 890-1255 | info@erscinc.com | www.erscinc.com RE: Proposal to Provide On-Call Construction Management & Inspection Services Dear Mr. Acosta and Members of the Selection Committee, Engineering Resources of Southern California (ERSC) is pleased to have the opportunity to submit our proposal to the City of Palm Springs (City) as a qualified, experienced consultant to provide On-Call Construction Management and Inspection Services (Project). Based on our review of the RFP and years of experience providing construction management and inspection services to local agencies, we thoroughly understand the City’s requirements and unique setting. Understanding As the City prepares to continue its tradition as an exemplary municipality, City staff are assembling a qualified team to assist on an as-needed basis, including seeking the assistance of consulting construction management professionals. Our team is intimately familiar with the City, local stakeholders, the local environment, and the planning, design, construction, operation, and maintenance of municipal facilities and infrastructure. Our proposal highlights our expertise in the above, our knowledge of local procedures, and the challenges in delivering outstanding service to the City’s staff, constituents, and stakeholders. ERSC’s Experience ERSC has a proven record of delivering construction management and inspection services to Southern California’s regional water agencies, municipalities, and special Districts. Since 1996, ERSC has provided Professional Engineering and Construction services to local public agencies such as the Cities of Palm Springs, Palm Desert, La Quinta, Banning, Beaumont, Big Horn Desert View Water Agency, 29 Palms Water District, Eastern Municipal Water District, Elsinore Valley Municipal Water District, and many others. As such, our team is ready and able to assist Palm Springs Staff in any capacity immediately. ERSC’s Benefits ERSC understands that the City wants to select the firm that best fits its goals. In selecting ERSC, the City will benefit from the following: •Familiarity – Our team has served the City of Palm Springs continually since 2001. ERSC has the unique privilege of providing both on-call plan check and engineering design services to the City. •Experience – ERSC’s role in identical inspection responsibilities throughout numerous local communities. Our Project Manager and Inspectors have completed hundreds of projects for Southern California Cities and agencies. •Distinction – Testimonials from our fully satisfied clients highlight our commitment to providing all services professionally and effectively. •Conflicts of Interest – ERSC only serves public agencies. No conflicts of interest related to ERSC representing a private entity will arise. •Proximity – As a local vendor, ERSC’s nearest office is just minutes away in the City of Palm Desert. Our proposed team also has access to ERSC’s 40 engineering and construction professionals located nearby in our Redlands and Temecula offices. Some of our team is local to the City. •Risk Management – ERSC’s processes have been developed to minimize risk to the City. To be consistent with these efforts, ERSC maintains professional liability coverage of $5MM/$5MM, far exceeding the industry standard of $2MM/$2MM. We look forward to continuing our work with the City and thank you for the opportunity to submit a proposal. If you have any questions or require additional information, please contact Craig Brudin at cbrudin@erscinc.com or (909) 890-1255. This proposal is valid for a term of 180 days from the date of submittal. Respectfully submitted, John M. Brudin, PE Craig Brudin, QSP President Director of Operations – Project Manager April 22, 2025 City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Anthony Acosta 1 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Section A: Firm Qualifications and Experience 2 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 <Section Title>Section A: Firm Qualifications and Experience Executive Summary Engineering Resources of Southern California, Inc. (ERSC) was formed in 1996 with the asset purchase of NBS/Lowry, Inc. Since formation, ERSC has been committed to serving Special Districts, Regional Agencies, and Municipalities in Southern California’s public sector. Our team provides a comprehensive set of professional services and solutions for the life of any potential project. ERSC Reliability Our 28-year service record is a testimony to the quality of services we provide. Many of our clients continue to seek our services, and have done so since our first year of business. ERSC has also developed significant financial resources and organizational efficiencies that allow us to consistently exceed client expectations. Professional & General Liability $5.0m Per Occurrence; $5.0m Aggregate Automobile $1.0m Combined Single Limit Worker’s Comp Maintained as Required by Law ERSC Insurance Coverage LevelsVital Information CA Corporation 29 Years in Business 40 Employees FEIN: 33-0718153 CA DIR: 1000017460 Project Contact Craig Brudin, QSP Project Manager Phone: (909) 890-1255Fax: (909) 890-0995 cbrudin@erscinc.com Corporate Officers John M. Brudin, PE - President Moe Ahmadi, PE - Vice President Trent Brudin, PE - Secretary Craig Brudin - Treasurer Our Locations San Bernardino County (Headquarters) 1861 W. Redlands Blvd. Redlands, CA 92373 Southwest Riverside County 41593 Winchester Rd., Ste. 200 Temecula, CA 92590 Coachella Valley 77-564 Country Club Dr. Palm Desert, CA 92211 R P T ERSC in the City of Palm Springs ERSC has been providing professional services to the City of Palm Springs since 2001. In that time ERSC has performed over 2,150 individual plan checking related reviews in the City and numerous design and survey tasks. Some of our team members have served the City in supporting roles for over 20 years, essentially a career with the City learning its guidelines and requirements. With the length of ERSC’s local tenure, our team has gained knowledge specific to performing this type of work in the City. ERSC Professionals The strength behind ERSC is our qualified and experienced engineers, designers, construction observation personnel, and administrative support staff. We excel at matching the exceptional skills, technical abilities, character, and attitude of our team members to the needs of our clients. ERSC staff works daily to create client partnerships and transform projects from the broadest level of general scope to final planning, design, implementation, and construction resolution. Many ERSC professionals have experience as municipal and public agency employees and can approach your project with first-hand knowledge of agency culture and how any agency envisions the planning and processing of a well-executed project. Litigation ERSC has not filed any claims or had any claims filed against the firm in the last 5 years and is not involved in any pending litigation that may affect its ability to provide its proposed solution or ongoing support of its services. Nor has it been disciplined in the last five (5) years as a Consultant by any government body or professional association. Safety Ensuring project safety is paramount and overriding. In 29 years of business, ERSC has not suffered a workplace injury, and we intend to hold contractors to the same standards by adhering to contractor and City injury and illness prevention programs where appropriate and applicable Cal/OSHA standards, rules, regulations, and orders. ERSC in Construction Management and Inspection Our staff have been performing both On-Call and Project Specific CM and Inspection Services for public agencies since our founding. Our team is particularly structured to assist public agencies in administrating their own CIP projects and supporting developer-funded Infrastructure to be accepted by public agencies. Our firm and project team currently support the City of Banning, Eastern Municipal Water District, West Valley Water District, and the City of Loma Linda in identical assignments. 3 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 <Section Title>Section A: Firm Qualifications and Experience Client References Jarb Thaipejr, Public Works Director, City Engineer; (909) 799-4400; jthaipejr@lomalinda-ca.gov 25541 Barton Road, Loma Linda, CA 92354 12374 Michigan Street, Grand Terrace, CA 92313-5602 Don Hough, General Manager; (909) 825-4128; dhough@rhwco.com CITY OF LOMA LINDA RIVERSIDE HIGHLAND WATER COMPANY Vincent Giron, Engineer Manager; 909-820-2525; vgiron@rialtoca.gov 150 S. Palm Avenue, Rialto, CA 92376 99 E. Ramsey Street, Banning, CA 92220 CITY OF RIALTO Nate Smith, PE, Deputy Director - Public Works/City Engineer; (951) 922-3182; nsmith@banningca.gov Perry Gerdes, Water/Wastewater Superintendent; (951) 922-3140; pgerdes@banningca.gov CITY OF BANNING In support of on-going commercial development and to eliminate the various problem areas throughout the City, the City of Palm Springs has commissioned the design of the three major flood control projects across the City. Located along Sunrise Way Line 6A and Line 8 will result in the elimination of “down and under drains” and support commercial development between Via Escuela and Vista Chino Drive and Andreas Road and the Baristo Channel, respectively. Similarly, Laterals 20C and 20CA result in the elimination of “down and under drains” and support residential development along El Cielo and Baristo Road. Services provided include review and modification of master plan hydrology, design surveys, utility coordination, geotechnical engineering, alignment selection and analysis, hydraulic modeling and the development of plans, specifications and estimates. Following completion of the project’s design, ERSC provided Construction management services to the City during the construction phase of the project. MDP LINES 6A AND 8, LATERALS 20C AND 20A, CITY OF PALM SPRINGS, CAProject Term: 2006-11 | Contract Value: $718,500 Michael Lytar, Associate Civil Engineer, PE(760) 902-4861 Mike.Lytar@PalmSpringsca.gov On-Call Inspection Services | Project Term: 2018 - Ongoing | Contract Value (to date): $3,045,000 ERSC provides plan check and inspection services of CIP and development projects in the City of Banning. The scope of construction inspection services includes oversight of street, sewer, water, grading, and storm drain projects and their related activities. Since 2018 ERSC has completed over 430 individual assignments in the City. This is inclusive of the 4,000 unit Atwell development, for which ERSC has reviewed all grading and improvement plans as well as all supporting special studies related to the project. Currently ERSC staffs 4 full-time inspectors supporting the City’s activities. ERSC Inspectors have overseen the following in the City of Banning: •In-Tract water, sewer, storm drain and street improvements for the following:○TM38398-5 PA5○TM37389-3 PA10○TM37365 PA4○TM37474 PA3○TM37298-3 PA1B○TM37298 PA2A○TM37298-2 PA1A○TM37390 PA8A, 8B, PA24 Park ○TM37390-2 PA7○TM37390-1 PA6, PA22 Park, PA23Open Space, PA25 Open Space○TM 37389-2 PA11○TM37389-2 PA11○TM37389-1 PA 1-5○TM37289-3○TM37298-1 •Offsite Improvements related to the following:○TM37298-1 Apex Street at Wilson Street○Highland Home Road at Wilson Street○Highland Home Road at Meadowline Way○TM37389-1 Offsite 18”-12” Water and 12” Sewer○Highland Home Road Retention / BMP Basins and Energy Dissipators CITY OF BANNING, CA Nate Smith, PE, Deputy Director of Public Works/City Engineer951-922-3182 Perry Gerdes, Water/Wastewater Superintendent (951) 922-3140 Experience 4 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 <Section Title>Section A: Firm Qualifications and Experience ○ TM37389-1 Offsite 18” Water in Highland Home Road & 8” Non-Potable Water○ TM37388 Offsite 8” Non-Potable Water and 8” Sewer • CIP Oversight for the following:○ Foothill West Zone 18” Transmission Line ○ Mountain North Water 18” Transmission Line○ 24” Non-potable Pipeline NP-1 discharge pipeline○ 16” Non-Potable Pipeline Segments B & D Meadowline Way Interconnect & Pressure Reduction Facility | Project Term: 2021-22 | Contract Value (to date): $121,000 ERSC’s team provided inspection services during the construction of a system interconnect and pressure reduction station in the City of Banning. The interconnect facility was constructed to connect Beaumont Cherry Valley Water District (BCVWD) and the City of Banning water systems. Both Non-Potable and Domestic systems were connected to allow supplemental supply from BCVWD to serve the City of Banning’s rapidly growing Awell development if needed. Additionally, a pressure reduction station was constructed to allow additional domestic supply to be moved from the north mountain zone to the foothill west zone as needed. Both the interconnect and pressure reduction facilities were housed within a purpose-built building for the project. Highland Home Traffic Signal Improvements | Project Term: 2023 | Contract Value (to date): $50,000 ERSC’s team provided inspection services during the construction of new Traffic Signals and related improvements in the City of Banning. Highland Home Road located at the southwestern entry to Tripointe Homes’ Atwell project is a new arterial street supporting the new residents of the residential development. A traffic signal was necessary at the intersection at Wilson Street, a major arterial. ERSC inspectors provided inspection throughout the construction of the Traffic Signal and its related improvments including widening of Wilson, ADA/Pedestrian Improvements, Signing and Striping, and landscape improvements. Foothill West 3.76 Million-Gallon Reservoir | Project Term: 2021-23 | Contract Value (to date): $300,000 ERSC’s team provided inspection services during the construction of a new 3.76 Million-Gallon reservoir in the City of Banning’s Foothill West pressure zone. The welded steel reservoir facility was constructed to serve the rapidly growing City of Banning and it’s Atwell community. The 4,800 homes planned would require extra storage in the foothill west zone for both domestic and fire-suppression purposes. The facility was unique in that the rafters for the reservoir were designed and constructed on the tank’s exterior roof. ERSC inspectors observed all phases of the facility’s construction including grading, welding, coating inspections, SCADA, and electrical component installation. Wilson Street Sewer Lift Station | Project Term: 2022-23 | Contract Value (to date): $50,000 ERSC’s team provided inspection services during the construction of the Wilson Street Sewer Lift Station in the City of Banning. The lift station collects wastewater from the entire 4,800 unit Atwell development for pumping and discharge into the City’s gravity system. 15” trunk sewer feeds the lift station’s grinder facility which discharges to the adjacent 28’ deep wet well with triple redundant pumps. Pumps feed the 12” sewer force main that conveys wastewater 5,000LF to the Gravity system. ERSC inspectors observed construction of the entire facility including enclosure building, wet well, pumps, back up generator, site improvements, and electrical components. 5 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 <Section Title>Section A: Firm Qualifications and Experience SR 134 Arterial ImprovementsThe City of Burbank contracted ERSC to supervise work and provide coordination between the Contractor, the City, other agencies, consultants, utility companies, the public, adjacent property owners and other stakeholders for the installation of various traffic signal equipment and appurtenances as well as coordination with Burbank Water and Power for overhead wiring considerations, signing and striping, ramp, sidewalk construction and related ITS equipment. Bid Schedule 1462 Construction Services ERSC provided full time inspection and construction management services during the construction phases of the project. This project was funded by Los Angeles County Proposition C and Local Transportation funds. The project will reconstruct 6 traffic signals (cabinet, poles, conduit, pull boxes, boxes, and wiring), remove and replace poles at 8 traffic signals, and install LED lighting and loop detector conduit at 29 traffic signal. CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES, CITY OF BURBANK, CAProject Term: 2019 - 2022 | Contract Value (to date): $470,000 Vikki DavtianPrincipal Engineer-Traffic(818) 238-3922VDavtian@burbankca.gov Jarb ThaipejrPublic Works Director, City Engineer(909) 799-4400jthaipejr@lomalinda-ca.gov ERSC’s team provided inspection services during the construction of a new 1.6 million-gallon reservoir in the City of Loma Linda. The new reservoir is to provide additional supply to the City’s 1A, 2, and 2A pressure zones in the event that the existing reservoirs are taken offline for repairs or maintenance. The reservoir is of welded steel construction with extensive site improvements necessary. The site’s unique topography allows the reservoir to be hidden but requires extensive grading with 10,000 CY of material moved. ERSC inspectors were present for observation of the tank construction and also access road improvements, various site improvements, storm drain improvements, SCADA, and electrical component installation as well as coordination of geotechnical and coating inspections. ERSC also provided design services during the PS&E phase of the project. CONSTRUCTION MANAGEMENT & INSPECTION SERVICES, 1.6MG WELDED STEEL RESERVOIR, CITY OF LOMA LINDA, CAProject Term: 2023 - Ongoing | Contract Value (to date): $515,000 Chakemco Street ImprovementsERSC was contracted by the City of South Gate to provide construction management and inspection services for the project designed to improve Chakemco Street by adding sidewalks, curbs, gutters, ADA ramps, drive approaches, landscaping, irrigation, new street pavement, striping, lighting, and miscellaneous additions to improve the overall pedestrian mobility and safety. South Gate Park Infrastructure Improvements (Area 5 Picnic Area), Project No. 488-PRKThe project included conversion of an existing Roller Hockey rink into a group picnic area. The park improvements were located near the northwest corner of South Gate Park, near the intersection of Southern Avenue and Hildreth Avenue, at the roller court facility. Work included construction/installation of concrete fatwork, decomposed granite paving, seat wall, tree planters, landscaping, picnic structures, and park furniture. Citywide Sidewalk Improvement, Phase Ill City Project No. S27-STThe project removed and replaced sidewalk, curb, gutter, driveway approaches, and ADA ramps. Approximately 23,000 square feet of sidewalk, 500 feet of curb and gutter, and 1,300 feet of curb were removed and replaced. The project was a HUD Activity and therefore included strict adherence to federal reporting. The project also required special attention to communication with afected residents and the public due to the removal of driveway approaches, ADA ramps, and sidewalk. ADA Sidewalk Improvements at Hollydale Park, City Project No. 535-PRKThe project included earthwork and grading, construction of a decomposed granite walking trail, concrete sidewalk, and concrete ADA ramps. The work was completed in Hollydale Park near Century Blvd. This project was a HUD Activity and therefore included strict adherence to federal reporting. Citywide Sidewalk Improvements, Phase IV City Project No. 542-STThe project removed and reconstructed sidewalk, curb, gutter, driveway approaches, and ADA ramps. Arturo Cervantes, PE, Asst. City Manager/Director of Public Works(323) 563-9567acervantes@sogate.org CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES, CITY OF SOUTH GATE, CAProject Term: 2015-22 | Contract Value: $325,556 6 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 <Section Title>Section A: Firm Qualifications and Experience Soboba Sports ComplexSoboba Band of Luiseño Indians retained ERSC to provide Design and Construction Management services in preparation of grading and drainage improvement plans for a new sports park upon the reservation. Upon completion, the project includes construction of a proposed building, restrooms, removal and replacement of an existing playground, 8 row bleacher and parking lot expansion. The new parking lot would include new paved spaces to accommodate additional traffic expected from the park’s expansion. Horseshoe Property Commercial/Retail DevelopmentSoboba Band of Luiseño Indians retained ERSC to provide site development plans for the construction of a new retail/commercial mixed-use development on the northwesterly corner of Lake Park Drive and Soboba Road. Design of the mass grading plans and development of the associated hydrology and hydraulics study focused on protection of the existing 24-inch outlet and reconstruction of existing basin and inlet facilities. Soboba Fire Station Project ERSC provided the design and preparation of PS&E for all on-site utilities including sewer, water, and storm drain. Upon completion of the design, ERSC provided Owner’s Representative services for the construction of the Fire Station. Water improvements included the design and construction of an 8” PVC waterline. Sewer improvements included design and construction of an 8” VCP from extending from the fire station site to Lake Park Drive, connecting to the existing EMWD 10” sewer pipeline. As the Owner’s Representative, ERSC coordinated contractor and subcontractor construction activities, reviewed and processed billing, conducted troubleshooting as needed, conducted progress meetings with the contractors and Tribal staff, and prepared punch lists upon completion of the construction of the fire station project. OWNER’S REPRESENTATIVE AND CONSTRUCTION MANAGEMENT, SOBOBA BAND OF LUISEÑO INDIANS, SAN JACINTO, CAProject Term: 1996 - Ongoing | Contract Value (to date): $9M Kathie Brennan(951) 487-7445kbrennan@soboba-nsn.gov Under an on-call professional services agreement with the City of Highland, ERSC provides contract inspection services for the construction of public works and privately funded improvements, including street improvements, paving, sidewalk, curb, gutter, grading, and earthwork. Work also included site review for compliance with City standards and traffic control requirements. Representative projects are provided below: Lankershim Avenue Street Improvements Sterling Avenue Improvements Highland Basin Drainage Improvements 2012 Sidewalk and Handicap Ramp Repairs City Hall ADA Improvements Victoria Avenue Improvements at 5th Street 2012 Community Development Block Grant Project Bledsoe Creek Outlet Reconstruction Olive Street Improvements City-Wide Redevelopment Agency Sidewalks Article III Sidewalk - Palm Avenue Traffic Signals - Various City-Wide Sidewalk Projects Miscellaneous Sidewalk Repairs 5th Street Bike Lane, Signing and Striping Improvements Greenspot Road “S” Curve Realignment 2016-2021 PMP Project, Sectors B, C, D & E str 17005A Victoria Avenue Pavement Maintenance- Rehabilitation Project - str17002 Pavement Management Program - Sector D, Proj. str19001 West Highland Bikeways Project, str14001, and Pavement Rehab Sector E Pavement Rehabilitation CDBG Pavement Improvement Projects, ola16001 ola17001 Boulder Avenue Emergency Pavement Repair str18004 5th St-Greenspot Road Bikeway Improvements Tr. 18893 “Mediterra”, Greenspot Rd improvements Natural Parkland Trails Project ON-CALL CONSTRUCTION INSPECTION AND PLAN CHECK SERVICES, CITY OF HIGHLAND, CAProject Term: 2000 - Ongoing | Contract Value (to date): $4M Carlos Zamano, P.E., Assistant Public Works Director (909) 864-8732 czamano@cityofhighland.org 7 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Section B: Team Qualifications and Experience 8 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 <Section Title>Section B: Team Qualifications and Experience StaffingFirm ResourcesERSC is accustomed to the fluctuation in project demands in the discipline of construction management and inspection. As such, we understand that there is no standard approach to staffing a project when demands are expected to fluctuate. Our approach is flexible and allows for mutually beneficial results with consideration of the City’s immediate needs. ERSC has the ability to make any of our staff up to 100% available to the City. John “Matt” Brudin, PE - Principal in ChargeMatt will act as Principal in Charge during the assignment with the City of Palm Springs. Matt has over 40 years of Construction, Engineering, and Plan Review experience in municipal environments in the Inland Region. Mr. Brudin has a broad base of experience in various disciplines, including site development, streets and roads, grading and drainage, and flood control facilities. Matt currently leads the ERSC Plan Review team in the City of Palm Springs and is acutely familiar with the development environment in the City and local requirements. Craig Brudin, QSPMr. Brudin has been with the ERSC team since 2014, becoming a valuable member in the firm’s construction management, survey, and plan/map review services. Craig serves as a construction manager for ERSC’s projects in water resources, transportation, and flood control. He oversees project schedules, budgets, submittals, RFIs, and dispute resolution. He also manages ERSC’s inspection staff, coordinating assignments and their integration into client systems and teams. Reza Toorzani, PE - Project Manager/Construction ManagerMr. Toorzani joined the ERSC team in 2003 with rich and extensive experience. He has managed several site supervision teams and played a major role in completing projects according to program and within budget. In addition, Mr. Toorzani has practiced as an analyst, designer and site superintendent in the implementation of major civil infrastructure projects. Reza brings 45 years of experience in construction management experience with significant knowledge in structures and water/wastewater systems. Ben Booth, PE - Construction ManagerBen will serve as a Construction Manager during the course of the agreement with the City. Ben has served ERSC and similar agencies both directly and indirectly for 8 years, responsible for numerous similar efforts. He is well versed in municipal procedures and able to start immediately on this project. Ben is exceptionally experienced in Pavement, Transportation, and Traffic Construction efforts for local Cities. John M. Brudin, PE Principal in Charge Project Manager/Asst. CM, Stormwater Inspector Craig Brudin, QSP Subconsultants Tracy Meeks Sr. Construction Inspector Saul Lopez Sr. Construction Inspector Mark Alvarez Sr. Construction Inspector Breven Nescher Sr. Construction Inspector Don Isom Sr. Construction Inspector Garrett Scott Sr. Construction Inspector Randy Crowell Sr. Construction Inspector Chief Construction Inspector Cooly Smith Construction Manager - Trac, Transportation, Flood Control Ben Booth, PE Construction Manager - Wastewater, Flood Control, Structures, Facilities Reza Toorzani, PE Soils Testing/Geotechnical Inspection Aragon Geotechnical Cooly Smith – Chief Construction InspectorChief Inspector Cooly Smith will support the management of our team in the field. He spent a career with Rancho California Water District as Lead Construction Inspector, providing services to numerous projects throughout its service area. He will guide ERSC’s inspection team in the field, conduct daily scheduling for inspectors, interface high-level issues with contractors, and maintain contact between City dispatch and ERSC’s team. SubsconsultantAragon Geotechnical, Inc. (Geotechincal Engineering & Materials Testing): Aragon Geotechnical will serve as geotechnical engineer during the project providing material testing, inspection, and recommendations during the project. Aragon is a certified DBE and will assist in fulfilling the requirements of the funding sources while providing professional services for materials testing and geotechnical inspection. Staff Years of ExperienceYears with ERSCAvailability Construction ManagementConstruction InspectionSpecialty InspectionConstructability ReviewsContract Admin.Grading/Site ImprovementsPipelines (Water and Sewer)AC/Hot Mix/PCC PavementADA Curb Ramps/ImprovementsCurb/Gutter/SidewalkSigning/StripingTraffic Signal/Street LightingBridge/Roadway WideningStorm Drain/Flood ControlBlock/Retaining/MSE WallsTraffic Control/Haul RouteSource Inspection (FOB or Delivery)Environmental/MMRPCaltrans ExperienceLocal Assistance ProceduresHighway/Roadway/InterchangeNight & Weekend WorkStaged/Phased ConstructionFiber Optic CommunicationIrrigation/LandscapingSWPPP/Erosion ControlDocument ControlReza Toorzani, PE 45 26 Up to 100% X X X X X X X X X X X X X X X X X X X X X X X X X Randy Crowell 35 1 Up to 100% X X X X X X X X X X X X X X X X X X X Ben Booth, PE 8 5 Up to 100% X X X X X X X X X X X X X X X X X X X X X X X X X X Craig Brudin, QSP 12 10 Up to 100% X X X X X X X X X X X X X X X Cooly Smith 30 6 Up to 100% X X X X X X X X X X X X X X X X X X X X X X X X X Breven Nescher 25 2 Up to 100% X X X X X X X X X X X X X X X X Mark Alvarez 33 7 Up to 100% X X X X X X X X X X X X X X X X X X Tracy Meeks 25 2 Up to 100% X X X X X X X X X Saul Lopez 20 5 Up to 100% X X X X X X X X X X X X X X Garrett Scott 20 1 Up to 100% X X X X X X X X X X X X X X X X Don Isom 39 1 Up to 100% X X X X X X X X X X X X X X X X X X X Aragon Geotechnical 40 Up to 100%X X X X X X X X X X X X X X X X X 9 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Section C: Project Understanding and Scope of Work 10 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 <Section Title>Section C: Project Understanding and Scope of Work Project Understanding ERSC understands that the City requires detailed, competent construction management and inspection of work performed during various capital improvements, developer-funded improvements, permits, and maintenance projects to ensure safe, functional, and sustainable facilities that improve the quality of life for residents, businesses, and visitors. Our goal is to facilitate cost-effective and long-lasting projects in accordance with local, state, and federal regulations. While the City’s qualified staff regularly oversee the day-to- day operations of City systems, facilities, and infrastructure, contracting outside firms to supplement resources is often cost-effective. Construction Management and Inspection are ERSC’s specialties. If selected, ERSC will manage and inspect construction projects within the City, serving as the primary contact for construction management and inspection standards, policies, and practices. ERSC anticipates working alongside City staff to inspect CIP projects, development efforts, encroachment permits, grading, landscaping, traffic control, and more to ensure adherence to federal, state, and local standards, codes, ordinances, and regulations. Future ProjectsCapital Improvement Projects ERSC can provide skilled staff for both short- and long-term needs. Our team stands ready to support the City’s ambitious CIP projects — covering road construction, park improvements, drainage improvements, sewer improvements, and more — with proven expertise and experience across Southern California. Federally and State Funded Projects Funding sources typically vary when it comes to constructing improvements or infrastructure in today’s landscape. ERSC is well versed in navigating the challenges that state and federal funding sources can present. Caltrans plays a large part in administration and ERSC is intimately familiar with both LAPG and LAPM requirements. ERSC is currently providing services to projects that include funding from sources including: • Safe Routes to School • Community Development Block Grant (CDBG) • Highway Bridge Program (HBP) • TAP / ATP Federal Component • Local Partnership Program (LPP) • Highway Safety Improvement Program (HSIP) Developer Funded Improvements ERSC has a deep understanding of inspection of developer-funded improvements. Often, improvements related to residential, commercial, or industrial construction will be constructed by developer-chosen contractors not beholden to the City for schedule or cost. These are the times when it is imperative to have an experienced and diligent CM and inspection team monitoring that work to ensure safe completion per contract documents and City/Local standards. Work on these developer-funded projects would likely include on- and off-site improvements to streets, traffic signals, street lights, storm drain, sewer, signing and striping, and in certain cases, water system improvements. Local Agencies ERSC is a current contractor for CVAG and numerous local agencies to the Coachella Valley. Our staff will coordinate with the appropriate parties regarding work that may impact or border infrastructure belonging to local agencies or utilities. With our level of local involvement, we can leverage local relationships and contacts as needed as work requires. Desert Water Agency/Veolia Different agencies provide wet utility services throughout the City. While water service is largely provided by Desert Water Agency, the City owns its own sewer system that is operated by Veolia Water NA. ERSC is currently providing design services related to the planning, maintenance, expansion, and operation of water/sewer systems on behalf of Veolia. ERSC is familiar with Veolia staff and the system and can integrate the requirements of each during CM assignments in the City. Current ERSC assignments with Veolia in Southern CA include: • Well 3A Treatment Project • Sycamore and Baseline Trunk Sewer • Etiwanda Avenue Waterline Replacement • Sycamore Sewer Lift Station Construction Services • Riverside/Central Avenue Waterline Replacement • Riverside Avenue Sewer Relief Project • Acacia Trunk Sewer • North Riverside Avenue Waterline Replacement No Conflicts of Interest By corporate decision, ERSC has concentrated throughout its history on providing professional services to public agencies rather than private developers. This position has enabled our firm to avoid potential conflicts of interest in serving our public agency clients. In other words, ERSC will never have to abstain from providing inspection on a project due to conflicts of interest. Dedicated Public Works Inspection Staff ERSC maintains a separate CM and Inspection Group within our Firm. This means that our Inspectors are full time construction professionals dedicated to their craft and do not serve in other capacities at ERSC. We are often able to staff projects on short-notice and can assist in part time obligations as well. Project Approach At ERSC, our approach to construction inspection prioritizes safeguarding the City’s interests while minimizing the burden on its staff. Acting as an extension of the City’s team, we ensure that projects adhere strictly to contract requirements and current standards. 11 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 <Section Title>Section C: Project Understanding and Scope of Work Our inspectors are engaged directly in the field, emphasizing thorough inspection over remote oversight. This hands-on involvement supports project compliance and timely issue resolution and promotes productive collaboration with contractors. Contract Documents Our team’s solid knowledge of project documents ensures compliance with design, standards, environmental measures, and construction sequence. We proactively address potential issues early and review RFIs and submittals promptly to avoid delays. Safety Safety remains paramount, as evidenced by our impeccable safety record. We maintain rigorous standards by enforcing compliance with Injury and Illness Prevention Programs, trench and excavation protections, traffic control guidelines, confined space requirements, and Cal/OSHA regulations. To ensure ongoing transparency, we hold regular reviews with the City, attend all pre-construction and progress meetings, and provide detailed field reports documenting materials, labor, and daily progress. This diligent record-keeping helps ensure accurate payments and minimizes change orders. In the event that an issue arises outside of ERSC’s control, the City is protected. ERSC maintains Professional Liability Coverage for $5mm/$5mm, surpassing the industry standard of $2mm/$1mm. Schedule, Budget, and Tools ERSC commits to timely project completion through continuous budget and schedule monitoring and structured updates. The City will stay abreast of all project statuses with the added benefit of clear communication to eliminate surprises and resolve potential issues early. Our team employs several practices to ensure schedules are met: • Schedule Development: o Gantt and CPM charts to map tasks, timelines, and relationships. o Buffer periods for potential delays (i.e. Weather). o Weekly 2+ Week Look Ahead Schedules. • Progress Monitoring: o Site visits regularly for both Inspection and CM staff. o ERSC regularly implements tools like Primavera, Procore, or Microsoft Project to track schedules, budgets, and communication in real-time. • Material Coordination: o Monitoring procurement of long lead time materials. o Ensure submittals are reviewed timely, and RFIs responded to completely. • Addressing discrepancies between planned and actual work. • Attendance of project progress meetings. • Change Order Management: o Close coordination between CM and Inspector for processing pay requests. o Limit scope changes by reviewing and justifying all change orders. o Negotiate costs and assess their impact on the schedule before approval. • Detailed construction inspection reports that include work completed, materials used, equipment used, and labor onsite. Equipment Our inspectors are each equipped with a company issued vehicle or vehicle allowance, smart phone, Microsoft surface laptop, necessary safety equipment, as well as any tools or supplementary equipment specific to the project that may be necessary. With the electronics provided, ERSC’s inspection staff have full access to email and voice communication as well as access to ERSC’s network. Network access and management software always allows for full availability to electronic copies of contract documents in the field. Scope of WorkTypical Duties and Tasks ERSC regularly conducts construction management and inspection for a diverse range of improvement projects on behalf of local agencies. To showcase our thorough CM approach, we’ve outlined the tasks performed on any assignment and provided a list of typical inspection items for some commonly encountered projects. Construction Management ERSC’s CM team will perform management of project activities before, during, and in closeout of the project’s construction. Constructibility Review Conduct a thorough review of plans and specifications to identify inconsistencies, conflicts, and improvement opportunities. ERSC will review project documents, site conditions, material and equipment availability, workforce considerations, schedule, cost, coordination, and risk management. ERSC’s review will ensure the project is well-planned and can be executed efficiently, minimizing delays and cost overruns. Pre-Construction Meeting Lead discussions on key construction items and the Contractor’s schedule and methods. Facilitate action items for the project team, with the ERSC CM following up on each deadline. Submittal Tracking ERSC will manage, coordinate, and review contractor submittals, requesting a submittal schedule for review to identify critical path items and suggest corrections. ERSC will log and track all submittals. We will review the submittal schedule with City staff to prioritize key items and check each submittal for completeness, noting equipment substitutions. Complete submittals will be forwarded to City staff or the design team as needed, with feedback reviewed before returning to the Contractor. ERSC will discuss submittal status at weekly meetings, noting due or overdue items, and conduct pre-submittal meetings for long lead- time equipment when necessary. Document Management ERSC will log, track, and manage all submittals, ensuring timely reviews. We will review construction submittals and shop drawings and preliminarily review technical submittals before coordinating with the design engineer. We will adhere to specified turnaround 12 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 <Section Title>Section C: Project Understanding and Scope of Work times to prevent delays and avoid risks to the Owner. Progress Meetings ERSC will format agendas and conduct weekly construction progress meetings. The agenda will cover the Contractor’s 3-week rolling schedule, project schedule, monthly updates, submittal status, RFIs, design clarifications, approved COs, delays, potential claims, and construction problem resolutions. ERSC will prepare and distribute meeting minutes to all attendees by the next weekly meeting. Minutes will track each agenda item until resolved, noting responsible parties for action items. Public Outreach ERSC’s CM team will create a communication plan to keep the community informed through timely updates, public meetings, and a project hotline/website/social media site. ERSC will engage residents and businesses to discuss impacts, provide regular updates through various channels (websites, social media, press), and ensure safety and traffic information is accessible in Bilingual formats. ERSC will monitor public feedback to address concerns proactively and maintain community support. RFI Management ERSC will review contractor RFIs, coordinating responses with the City and Engineer without providing design revisions. ERSC will collaborate on any plan or specification changes and recommend options for conflict resolution. All RFIs will be logged in the City’s system, with change orders tracked by individual numbers and files to keep City staff informed and approve extra work in advance. Labor Tracking and Compliance Assist the City Labor Compliance Representative by verifying Contractors are current each month before approving pay applications. Create a file of all certified payroll for grant documentation. Assist with field coordination for the City’s Labor Compliance Officer to perform interviews. Change Order Request Review ERSC will review change order requests from the Contractor and recommend action to the City based on contract documents. ERSC will verify that the requested price and potential schedule impacts are fair, reasonable, and accurate. ERSC can negotiate with the Contractor on the Owner’s behalf. Progress Payments ERSC will review contractor progress estimates and recommend actions to the City. We will compare the Contractor’s monthly payment requests to the bid schedule and daily/weekly reports to ensure consistency with completed work. ERSC will verify and confirm the accuracy of quantities and dollar values and confirm the Contractor is current on certified payroll, as-built updates, and project schedule updates. ERSC will recommend the monthly progress payment amount to City staff and prepare the document for approval. Working Day Statements ERSC uses a statement of working days to track working days and remaining schedule. Our team uses a Caltrans template and will account for delays, weather, change orders, and Contractor downtime. Extra Work All extra work will be documented in observation reports, including manhours and equipment hours. The Construction Manager will review and assess Force Account extra work reports and potential claim reports, including costs, to determine if a change order is warranted. Schedule Management Review the Contractor’s CPM schedule to minimize resequencing of critical activities and discuss resource loading and activity durations. Ensure the schedule includes time for surveys, potholing, material submittals, long-lead items, and permits. Compare the baseline schedule to the 2/3-week lookahead and updated schedules to evaluate progress. Disputes and Claims ERSC will discuss extra work and claims with the City, track disputed items, and attempt to resolve them. We will provide documentation, review merit, develop a claims response, and review costs for City staff review. Project Closeout and Coordination ERSC will conduct a final walkthrough with the City, design team, and Contractor to develop a final punch list, including items from preliminary punch lists and uncompleted non-conforming work reports. The Inspector will maintain an ongoing punch list and prepare the final version, which will be reviewed by the CM team and the City. The Notice of Completion will not be issued until all punch list items are resolved. ERSC will provide the City with all field office files, including email correspondence and photographs. Warranties will be summarized for City staff, with start dates and durations documented. After all documents are submitted and work is complete, the notice of substantial completion will be issued, and the 11-month Warranty Inspection will be scheduled. Once all work is completed and the required paperwork is submitted, ERSC will process the final payment request, recommend that the City accept the project, and assist with filing the Notice of Completion. As-Built/Record Drawings ERSC will coordinate with the Engineer to ensure complete and accurate record drawings in CAD and PDF format. A comprehensive electronic notebook of project documentation and a final report, including suggestions for future projects and lessons learned, will be submitted to the City to close the project. Construction Inspection ERSC’s selected Inspector will perform observation and inspection during the entirety of the project. Inspection Reports ERSC’s Inspector will maintain detailed daily reports of work items. Inspection reports will include weather, traffic control measures, labor, equipment, materials, quantities, correspondence, and issues observed. The inspection reports will also integrate the daily project photos. Additionally, the reports will include any tickets from material delivery to ensure accurate cost accounting when payment is requested. The Inspector will monitor the Contractor’s daily labor force for compliance with state & federal labor laws. Safety Monitor site safety continuously during the project. Site safety, labor safety, and public safety are all considerations during construction project inspections. 13 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 <Section Title>Section C: Project Understanding and Scope of Work Meetings The Inspector will attend the Pre-Construction Meeting and meet bi-weekly with City staff and the Contractor to update the project status and schedule. Project Photos Prior to commencing construction, ERSC will take video and digital photos of the project site indicating the original status of the work sites. As part of the inspection, photographs will be taken to document the work areas prior to, during, and at the end of each work day. Quality Assurance Provide quality assurance in achieving conformance with the contract plans and specifications. The Inspector’s tablet will be equipped with a digital set of plans and specifications for easy access in the field. Traffic Control Field verification of traffic control procedures and consistency with approved Traffic Control Plan. Outside Agency Coordination Coordinate with local agencies, stakeholders, and private utilities to ensure progress of construction activities. Project Schedule Monitor project schedule to ensure work is completed promptly. Major project milestones will be continuously monitored, and the schedule will be monitored and modified as necessary to account for weather delays or other unforeseen circumstances. Measurements and Materials ERSC’s Inspector will document work completed by the Contractor and collect material delivery information. Measurements can include area, volume, weight, length, individual quantities, and other units depending on the construction item. Materials Testing Maintain regular communication with materials testing and other construction consultants. ERSC Inspectors will regularly coordinate any testing necessary at different project stages. Progress Payments ERSC’s Inspector will assist the construction manager with monthly pay estimates and utilize load tickets, testing results, and inspection reports to reconcile pay requests. Final Punchlist A full inspection will be conducted upon completion of work, and a punch list of deficiencies will be generated and distributed to the Contractor and City. As part of the punch list, ERSC’s Inspector will issue a schedule to complete the items included. ERSC will re- inspect the repair or re-work and provide recommendations for acceptance when full compliance is achieved. Record Drawings ERSC’s Inspector will maintain a set of record drawings that reflect conditions encountered and constructed in the field. These drawings will be submitted to the construction manager upon substantial project completion. Project Closeout Coordinate project closeout activities, including Notice of Completion, release of retention, warranty walk, delivering archived documents, and assisting with staff reports as needed. Representation Acting as a representative of the City, ERSC’s Inspector will receive and guide any site visitors, including representatives of other agencies or the public. Specific Duties and Tasks The following technical duties will be performed as needed on the different facilities under construction as project needs dictate: Paving and Street Improvements • Verify traffic control, closures, flagging, and layout per plans. • Check site layout and utility markings to avoid conflicts. • Oversee removal and disposal or recycling of materials as specified. • Inspect subgrade depth, alignment, and compaction. • Verify installation of geotextiles and base materials as required. • Ensure proper placement, compaction, and moisture of base material. • Confirm asphalt mix, temperature, and placement meet standards. • Inspect joint alignment, spreading, leveling, and compaction. • Check formwork, reinforcement, concrete mix, application, and curing. • Verify slopes and elevations for drainage on curbs, gutters, and sidewalks. • Ensure drainage elements are properly installed and free of debris. • Confirm utility adjustments align with new pavement levels. • Verify installation and visibility of traffic signs and pavement markings. • Conduct final inspection, address punch list items, and confirm smoothness. • Review as-built records, validate payment requests, and ensure ADA compliance. Traffic Signal Improvements • Verify Excavation Depth and Dimensions • Check if the excavation meets the specified depth and width in the plans, ensuring stability for the pole and mast arm. Inspect proper compaction and leveling of the foundation area. • Monitor concrete used, checking for the correct mix, temperature, and slump test results. • Verify proper curing methods are followed to prevent cracking or weakening of the foundation. • Ensure conduits are installed at the correct depth and spacing as per plans and specifications. • Confirm junction boxes are placed at appropriate locations for access to wiring and maintenance. • Verify conduit ends are sealed to prevent water and debris infiltration. • Schedule inspections and approval from utility providers for electrical connections. • Confirm availability and location of power sources for the traffic signal system. • Check for damage like dents, scratches, or corrosion on poles and mast arms before installation. • Ensure bolt patterns and sizes align with foundation anchor bolts. • Verify that signal heads, backplates, visors, and lenses are free from defects and meet visibility requirements. 14 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 <Section Title>Section C: Project Understanding and Scope of Work • Confirm pedestrian push buttons and tactile indicators are functional and installed at the correct height. • Confirm proper connections between conduits, junction boxes, and signal heads. • Check for color-coding and labeling of wires as per electrical standards. • Ensure proper installation of grounding rods and surge protection devices to prevent electrical faults. • Conduct megger tests to check insulation resistance and continuity tests for wiring connections. • Ensure signal heads are mounted at the correct height and clearances, as specified by the Manual on Uniform Traffic Control Devices or local standards. • Verify the correct placement of pedestrian signal heads for visibility and alignment with crosswalks. • Verify the cabinet is securely mounted on the foundation, leveled, and properly ventilated. • Check that all conduits entering the cabinet are sealed and labeled. • Confirm the traffic signal controller has the correct phasing, sequencing, and timing plans loaded. • Conduct functional tests to ensure proper response to input from sensors or manual overrides. • Verify the installation and functionality of backup batteries or generators to ensure uninterrupted signal operation during power outages. • Inspect signal operations under various scenarios, including peak hours, nighttime conditions, and adverse weather, to ensure proper functioning. • Confirm the accuracy of signal phasing, green times, red times, and clearance intervals. • Test loop detectors, video detection systems, or radar sensors to ensure they detect vehicles accurately. • Adjust sensitivity and alignment of sensors for optimal performance. • Verify communication with other traffic signals in the system for coordinated timing and data sharing. Landscape and Irrigation Work • Verify grading, soil compaction, and removal of debris per design. • Inspect soil amendments and ensure proper incorporation. • Confirm irrigation layout, trench depth, pipe sizing, and placement. • Verify backflow device, sprinkler heads, control valves, and controllers. • Conduct pressure testing and inspect wiring connections. • Confirm plant species, size, and planting techniques per plans. • Check root conditions, soil moisture, and irrigation post- planting. • Ensure proper spacing, grading, and drainage in planting areas. • Review installation of pathways, edging, retaining walls, and decorative elements for alignment and finish. • Test irrigation coverage, adjust sprinkler heads, and confirm controller settings. • Ensure environmental compliance and protection of existing vegetation. • Conduct final inspection, address punch list items, and document corrections. • Obtain as-built drawings and manuals for system turnover. Pipeline Projects (Water, Sewer, Storm Drain) • Verify materials delivered to the site are in conformance with approved submittals. • Verify traffic control is in full compliance with the contract documents. The Contractor will be required to provide traffic control in accordance with the contract documents prior to proceeding with construction. • Verify that all utilities marked by the various utility companies are in conformance with the construction drawings. • Verify all required trench protection is in conformance with the submitted trench protection plan. • Verify proper unloading, stringing, placement, storing, and installation of pipe. Pipe joints and pipe bedding will be checked for conformance with contract documents. The construction inspector will measure pipe flow line elevations at regular intervals to confirm that elevations are in accordance with tolerances specified in the contract documents. • Verify backfill and compaction procedures follow the contract documents. • Observe pipe testing to ensure all tests are within the tolerances specified in the contract documents. • Verify all improvements, including pavement, are restored to pre-existing conditions in conformance with the contract documents. • When all work has been completed, provide final inspection with client and prepare a deficiency list. Thereafter, provide inspection as required until all items on said list have been corrected. Civil Work • For below grade facilities, verify shoring is installed in accordance with the approved shoring plan and Cal/OSHA requirements. • Confirm shoring meets approved plan and Cal/OSHA standards for below-grade work. • Verify over-excavation and compaction per geotechnical recommendations; check that subgrades and grades align with construction drawings. • Check reinforcing steel size, spacing, and clearances for all reinforced concrete work. • Confirm piping and conduit size, material, and placement (horizontal and vertical). • Verify delivered materials (aggregate, pavement, concrete) meet approved submittals and perform concrete testing if needed. • Ensure existing facilities remain operational and accessible for City staff where specified. • Where specified, confirm existing facilities remain operational and City operations staff are provided adequate access to the facilities. Structural Work • Verify shoring for below-grade structures per approved plans and Cal/OSHA. • Check reinforcing steel size, spacing, lap splices, and clearances for all concrete structures. • Verify trim steel around openings and discontinuities. • Confirm location, size, and support of all embedded items. • Ensure electrical conduits are installed before concrete placement. • Independently verify form locations and elevations. • Check concrete forms for square, plumb, rebar cover, and 15 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 <Section Title>Section C: Project Understanding and Scope of Work cleanliness. • Verify delivered concrete against approved mix design. • Test concrete for slump and air entrainment; obtain cylinders for testing. • Ensure proper concrete placement and vibration. • Verify concrete finish for horizontal surfaces. • Check reinforcing steel for masonry structures. • Verify masonry block placement and mortaring. • Confirm wall reinforcing and embedded items before grouting. • Ensure masonry block cells are clean before grouting. • Verify delivered grout against approved mix design; obtain prisms for testing. • Ensure proper grout placement and vibration. • Verify roof framing installation per approved shop drawings. • Confirm field welding complies with contract documents and AWS requirements. • Check roof sheathing attachment to framing and walls. • Verify roofing installation per approved shop drawings and manufacturer requirements. Electrical Work • Verify electrical conduit size, material, and location (horizontal and vertical). • Verify all electrical conduits are installed prior to concrete placement, including concrete encasements. • Confirm conduit locations are properly coordinated with approved equipment shop drawings (e.g. conduit stub- ups are directly beneath motor control centers and other electrical panels, and conduit stub-ups are adjacent to equipment motor terminal boxes). • Verify proper installation of Plant and equipment grounding systems. • Verify installation of electrical conductors and cables, including conductor number, size, material, and termination points. • Witness contractor perform meggar testing of all conductors (confirms integrity of conductor insulation). • Witness Contractor perform continuity tests for all electrical circuits (i.e. ring-out wires to verify proper installation). • Verify proper installation of all instrumentation, including pressure switches and transmitters, level switches and transmitters, flow meters, etc. • Prior to installation, confirm locations for instrument readouts, lock-out-stops, local control stations, etc., with City Operations staff. • Perform “pre-startup” with Contractor and equipment suppliers to verify that all equipment and controls have been installed and are operating per contract documents. • Perform complete equipment performance testing on all equipment units. • Perform final startup and prepare corrective work list (i.e. punch list). • When all work has been completed, provide final inspection with the City and prepare a corrective work list. Thereafter, provide inspection as required until all items on said list have been corrected. Permit/Environmental Compliance • Our team will review Storm Water Pollution Prevention Plans (SWPPP) and Water Quality Management Programs (WQMP) and inspect the installation of their BMPs as required. • Ensure NPDES Compliance submittal and processing. • Review Contractor’s BMP plan before construction. • Inspect Contractor’s SMARTS system application. • Inspect BMP conditions daily as part of erosion control or SWPPP. • QSP to formally inspect and document in compliance. • Recommend solutions for deficient BMPs to Contractor. • QSP to conduct quarterly non-stormwater inspections. • Submit annual inspection results to SMARTS for permit compliance. • Complete permit closeout in SMARTS as needed. Materials and Laboratory Testing Aragon will offer laboratory testing as needed on any facilities requiring the services listed below: • Observation and compaction testing of earth fills and slopes • Observation and compaction testing of pipeline backfill • Compaction testing of trench and structure backfills • Inspection and evaluation of earth-retaining structures and excavations • Laboratory testing of soil and aggregate - maximum density/ optimum moisture content • Laboratory testing of pipe bedding material for project specification compliance • Lift thickness and compactive effort • Selection and approval of import material • Soil classification and density testing • Alternative foundation recommendation • Evaluate temporary restraining systems or shoring • Offer solutions for unstable conditions at excavation bases • Perform testing to meet project specifications to the requirements of: o ASTM E329, Standard Specifications for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction o ASTM C1077, Standard Practice for Laboratories Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Laboratory evaluation o ASTM D3740, Standard Practice for Minimum Requirement for Agencies Engaged in the Testing and/ or Inspection of Soil and Rock as Used in Engineering Design and Construction • Conduct laboratory tests performed during the construction phase including: o Expansion index o Atterberg limits o Grain size distribution, including sieve analyses and hydrometer analyses o Maximum dry density/optimum moisture o Soil corrosivity analysis o R value • Unit weight and moisture content • Bulk density and relative density of aggregates • Sand equivalent, (SE) testing performed on bedding materials to verify conformance with City standards. Typically, SE values for bedding materials must be 30 or greater • Portland cement concrete strength testing and mix designs • Hveem stability • Asphalt concrete testing and mix designs 16 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Section D: Financial Responsibility 17 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 <Section Title>Section D: Financial Responsibility Throughout years of service, ERSC has developed significant financial resources and organizational efficiencies. Development of proficiencies in these areas has allowed ERSC to continually deliver projects that routinely exceed client expectations. ERSC maintains a healthy balance sheet and is well capitalized with significant cash reserves. ERSC maintains no long term debt with credit lines available as needed. The firm is a locally held and locally headquartered California corporation. ERSC has no financial barriers that would impede our ability to deliver contracted services during this project. 18 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Section E: Attachments 19 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Similar Project Experience CSDP Storm Drain Line 3-5, City Of Colton, Colton, CA – Principal-in-Charge during the design of a regional drainage facility conveying 1,000cfs from a 2,045-acre area. The project included installation of 10,000 feet of 108 and 120-inch reinforced concrete pipe from Valley boulevard south to the Santa Ana River, as well as protection of sewer and water mains, MCI fiber optics cable, major petroleum products line and gas lines, and an existing aqueduct system. Approximately 1,700 feet of 108-inch RCP by boring and jacking methods were also installed. Final design included preparation of construction plans and specifications meeting San Bernardino County Flood Control District requirements, utility coordination and relocation, preparation of right-of-way documentation and coordination of construction permits from the State of California and the Southern Pacific Railroad. Section 29 Stormwater Basin, City of Palm Desert, Palm Desert, CA – Project Manager during design for the failed rock slope protection downstream of the existing spillway and collapsed slope that undermined a significant portion of the spillway crest. Work also included hydrology analysis of approximately 519 acres of drainage watershed, development of a unit hydrograph tributary to Mid-Valley Channel, flood routing through existing drainage channels and Section 29 Retention Basin, hydraulic analysis for design and reconstruction of the rock slope protection, spillway, forensic analysis to investigate the cause of failure, produce contract documents guiding the repair of the Section 29 Basin and an 18-inch basin inlet. Relocation of an existing 12-inch sewer line under the basin spillway. MDP Lines 6A and 8, Laterals 20C and 20A, City of Palm Springs, Palm Springs, CA – Principal-in-Charge during the design of the three major flood control projects commissioned by the City of Palm Springs. Line 6A and Line 8 along Sunrise Way resulted in the elimination of “down and under drains” and support commercial development between Via Escuela and Vista Chino Drive and Andreas Road and the Baristo Channel, respectively. Similarly, Laterals 20C and 20CA resulted in the elimination of “down and under drains” and support residential development along El Cielo and Baristo Road. Services provided include review and modification of master plan hydrology, design surveys, utility coordination, geotechnical engineering, alignment selection and analysis, hydraulic modeling and the development of plans, specifications and estimates. San Jacinto Area Master Drainage Plan Line “E-2”, City of San Jacinto, CA – Principal-in- Charge for the preparation of construction plans for MDP Lines E-2 and E-2A in the City of San Jacinto and Hemet. The project reach for MDP Line E-2 is over 7100 feet along State Street between Menlo Avenue and MDP Line E and over 250 feet for MDP Line E-2A along Esplanade Avenue. The size of the storm drain facilities are from 36-inch to 72- inch diameter. The scope of work included hydrology analysis to determine the 10-and 100-year storm runoff within the MDP facilities watershed. using CivilDesign software. The Hydraulic calculations for the proposed MDP facilities was performed utilizing Water Surface Profile Gradient (WSPG) program, latest version by CivilDesign. San Jacinto Area Master Drainage Plan Line “H”. City of San Jacinto, CA – Principal-in- Charge for the preparation of a feasibility study to evaluate alternative alignments for MDP Line H, H-2 and H-3 per the current City of San Jacinto MDP. The scope of work also included preparation of construction plans for the most cost-effective alignment of the above facilities. The project included evaluation of the existing drainage facilities at the intersection of Ramona Expressway and State Street; to mitigate drainage deficiencies as required. It also includes Rational Method Hydrology using CivilDesign software to determine the 10- and 100-year storm runoff. The Hydraulic calculations for the proposed MDP facilities was performed utilizing Water Surface Profile Gradient (WSPG) program, latest version by CivilDesign. Winchester Property Land Survey Mapping Services, Soboba Band of Luiseno Indians, San Jacinto, CA - Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. ERSC was contracted to provide professional surveying and mapping services related to the Tribe’s property at the Northeast and Southeast corners of the intersection of Winchester Road and Domenigoni Parkway. On-Call District Engineer, Lake Hemet Municipal Water District, Hemet, CA - As District Engineer for the Lake Hemet Municipal Water District, Mr. Brudin participated in the John M. Brudin, PE | President Over the past 25 years, Mr. Brudin has been involved in a number of complex planning, design and construction projects. His ability to effectively communicate with agency personnel and team members provides the vital link between client and consultant and ensures that the goals of each project are met. Mr. Brudin has a broad base of experience in various disciplines including water resources, site development, streets and roads, grading and drainage and flood control facilities. Mr. Brudin has served as a District Engineer for the Lake Hemet Municipal Water District, City Engineer for the City of Hemet, and as a Project Manager for “as-needed” professional engineering plan check services for several cities in the Orange, Riverside and San Bernardino County areas. Under these contracts, he has managed construction inspection/administration, development review, and plan check services for land development and capital projects, including grading, water, sewer, drainage, traffic signal and street improvement plans. CA, Civil Engineer No. C41836 QSD/QSP No. 00707 BS, Civil Engineering, Loyola Marymount University, Los Angeles, CA American Public Works Assc. Floodplain Management Assc. Water/Wastewater Engineering Flood Control Engineering Project Management Quality Control Education Affiliations Areas of Expertise 20 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 John M. Brudin, PE | President planning and design of water, wastewater and irrigation facilities throughout the District. Tasks included facilities planning such as hydraulic modeling and Master Plans, preparation of CEQA documents, right-of-way and boundary analysis, design reports and site assessment and layout. Final contract documents for pumping plants, storage facilities and transmission and distribution facilities. On-Call Plan Check, Inspection and Design Services, City of Beaumont – Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. ERSC reviews development projects, CIP projects, and WQMPs. Development plans range from 1-million sqft commercial complexes to multiple lot subdivisions. As an on-call design consultant, ERSC is responsible for paving projects, survey projects, and drainage projects. Most recently, ERSC completed the Highland Springs/1st Drainage project to mitigate erosion and sedimentation issue near a local golf course. On-Call Plan Check and Inspection Services, City of Banning – Principal in Charge responsible for oversight of ERSC’s team during plan check and inspection services of residential and development projects. Plan check services include review of maps, street, sewer, water, grading and storm drain projects, as well as review of construction drawings to assure compliance with City, State and Federal regulations. ERSC also provides conditions of approvals for City projects, as needed. On-Call Plan Check Services, City of Rialto – Principal in Charge responsible for oversight of civil engineering plan check services of various private and public development items, consisting of improvement plans and professional studies. Services also include review and verification of Right-of-Way document including but not limited to legal descriptions for easements, dedications, lot line adjustments and parcel mergers. On-Call Civil Engineering and Plan Check Services, City of Colton – Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. ERSC works closely with City staff in the review of grading, street improvements, hydrology studies, soils reports, WQMP, SWPPP, lot line adjustments, and parcel maps. ERSC also provides on-call engineering services, such as the design for the La Cadena and 8th Street Intersection Reconfiguration. On-Call Plan Check and Construction Inspection Services, City of Highland – Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. ERSC provides contract plan check and inspection services for the construction of public works and privately funded improvements, including site improvements, street improvements, paving, sidewalk, curb, gutter, grading, and earthwork. Work also included site review for compliance with City standards and traffic control requirements. ERSC also provides plan checking services for all parcel and tract maps, as well as hydrology review. Civil Engineering Plan Check Services, Hemet, California – Project Manager responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management during the plan check review of private development and CIP projects throughout the City. CIP/Development Construction Inspection Services, Eastern Municipal Water District, Riverside County, CA - Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Under an annual agreement with the Eastern Municipal Water District, ERSC provides construction services for various Capital Improvement Projects. These services include coordination of CIP projects awarded to contractors for compliance with plans and specifications; review of monthly pay estimates for compliance with specifications and provide monthly payment recommendations; monitor contractor’s progress to ensure project schedules are met; assist and advise District staff with post-construction activities; review, assess and manage claims submitted by contractors. 21 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Craig Brudin, QSP | Project Manager Education BS, Environmental Policy & Management BA, Business Managerial Studies Affiliations CASQA Areas of Expertise Erosion and Sediment Control Water Quality Improvement Plan Check Mr. Brudin has been with the ERSC team since 2014. Since joining, he has become a valuable member of ERSC’s project team in both survey related tasks and plan and map review services. While providing these services he has gained extensive working knowledge of the subdivision map act, local grading manuals, ordinances and design guidelines, the California Building Code, local wet utility design guidelines and the preparation and evaluation of erosion control plans. In various Cities, he is responsible for the review of maps, legal documents, mass and rough grading plans, residential precise grading plans, grading plans for residential development, commercial development projects, sewer improvement plans, and erosion control plans. CA, QSP No. 26269 CESSWI No. 4852 Similar Project Experience: On-Call Construction Inspection Services, Elsinore Valley Municipal Water District, Lake Elsinore, CA - Project Manager responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management. Under an On- Call agreement with Elsinore Valley Municipal Water District ERSC provides construction inspection services for developer funded and CIP projects through the District service area. ERSC inspectors are responsible for oversight of construction for various water system improvements including pipelines, reservoirs, lift stations, booster stations, service connections, and related infrastructure and improvements. Construction Management & Inspection Services for the Natural Parkland Trails Project, City of Highland, CA - Construction Manager responsible for contract administration, progress meetings, material/RFI submittals, correspondence, labor compliance, and progress payment review. ERSC was contracted to provide construction management and inspection services for a natural parkland trails project that included trailhead improvements, accessible parking and path of travel to the trailhead on Base Line, restoration of existing trails, drainage culvert improvements, and educational area improvements. The work included construction of stabilized earthen walkway trails, trail grading, excavation, removal of PCC and AC, construction of ADA parking improvements, vehicular maintenance access driveway and turnaround improvements, curb and gutter, sidewalk, retaining walls, drainage culvert improvements, education site furnishings, signing/striping, and trail guide ropes and signs. Construction Management and Inspection Services, 1.6MG Reservoir, City of Loma Linda, CA - Construction Manager responsible for contract administration, progress meetings, material/RFI submittals, correspondence, labor compliance, and progress payment review. ERSC’s team provided inspection services during the construction of a new 1.6 million-gallon reservoir in the City of Loma Linda. The new reservoir is to provide additional supply to the City’s 1A, 2, and 2A pressure zones in the event that the existing reservoirs are taken offline for repairs or maintenance. The reservoir is of welded steel construction with extensive site improvements necessary. The site’s unique topography allows the reservoir to be hidden but requires extensive grading with 20,000 CY of material moved. ERSC inspectors were present for observation of the tank construction and also access road improvements, various site improvements, storm drain improvements, SWPPP compliance, SCADA, and electrical component installation as well as coordination of geotechnical and coating inspections. ERSC also provided design services during the PS&E phase of the project. On-Call Construction Inspection Services, City of Banning, CA - Project Manager responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment. Since 2019 ERSC has completed over 430 individual assignments in the City. This is inclusive of the 4,000-unit Atwell development, for which ERSC has been in oversight all grading and improvement construction activities related to the project. ERSC’s team has been responsible for inspection of the following in the City of Banning: • Sewer, Water, Storm Drain, and Street Improvements: Tract #37365, Tract #37474, Tract #37298, Tract #37298-2, Tract #37298-3, Tract # 37298-1, and Highland Springs Avenue • Wilson Sewer Trunk Line Installation • Wilson Sewer Lift Staton Installation • Sunset Sewer Trunk Line • Well NP-1 Equipping and Enclosure • Non-Potable Water Improvement Segment D-1 • Foothill West Reservoir 3.76 Million Gallon • Irrigation Water Supply System Segment – B Phase 1 • Interconnect facility for Beaumont Cherry Valley & The City of Banning SWPPP Compliance Inspection for Soboba Economic Developement Corporation Commercial/Retail Project, San Jacinto, CA - Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. ERSC was contracted to provide weekly inspection, rain event inspection, quarterly report, annual report during the construction, and the notice of termination when the project site is fully stabilized and completed. The work followed 22 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Craig Brudin, QSP | Project Manager site improvements and civil design services completed by ERSC on the Horseshoe Property Gas Station Project located southwest of the intersection of Soboba Road and Lake Park Drive. ERSC also prepared the Storm Water Pollution Prevention Plans (SWPPP) documents in compliance with the Regional Water Quality Control Board (RWQCB) requirements. As a Data Entry Person (DEP) ERSC uploaded the SWPPP documents in the SMARTS System to obtain the Waste Discharge ID (WDID) number for the project prior to construction. CARB Consolidation Project, Riverside, CA – Project Manager and QSP inspector during the ground up construction of the California Air Resources Board testing facility in Riverside, CA. Craig was responsible for all inspections, reporting, recommendations, training, and annual report filing during the course of the project. Rio S.T.E.A.M Academy, Oxnard, CA – Project Manager and QSP Inspector during all phases of the construction of the Rio School District’s STEAM school in Oxnard, CA. Craig directed installation of all erosion controls for the 10-acre site including Fiber Roll, Inlet Protections, and Plate-only stabilized enter. Craig also directed the maintenance of controls throughout the project to ensure compliance with the state’s CGP and local requirements. Craig was also responsible for performing all QSP inspections for the project throughout all phases including weekly inspections and all rain event inspections. MSJC Sports Facilities Improvements, San Jacinto, CA – Project Manager and QSP Inspector during all phases of the Mount San Jacinto College’s Sports Facilities Improvements. The project included installation, maintenance, and removal of all structural BMPs for the project. Fiber Roll, Silt Fencing, Inlet Protection, and traditional Rock-Plate stabilized entrances were included. Soboba Horseshoe Development, San Jacinto, CA - Project Manager and QSP Inspector during all phases of the Soboba Band of Luiseno indians Horseshoe Development Improvements. The NPDES portion of the project included installation, maintenance, and removal of all structural BMPs for the project. Fiber Roll, Silt Fencing, Inlet Protection, and traditional Rock-Plate stabilized entrances were included. 30” Transmission Mainline Improvements on Highland Ave., West Valley Water District, Rialto, CA - Construction Manager responsible for contract administration, progress meetings, material/RFI submittals, correspondence, labor compliance, and progress payment review during this improvement project which involves the construction of a new waterline and associated appurtenances in Highland Avenue between Oakdale Avenue and Pepper Avenue in the City of Rialto. Construction includes installation of approximately 3,700lf of CML&C water line. The proximity to Interstate 210 will require interfacing with CalTrans and coordination with the agency’s procedures. Bloomington Business Park Lift Station and Forcemain, City of Rialto, CA - Project Manager responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment. ERSC’s team provided plan checking and construction inspection services during the permitting and construction of the sewer improvements for the Bloomington Business Park. The new industrial facility was required to construct sewer improvements including a new lift station, 6,000LF of gravity sewer, and 2,300LF of Sewer Force Main. ERSC inspectors were present to observe work during the construction of the lift station and associated sewer improvements. On-Call Construction Inspection Services, City of Chino Hills, CA - Project Manager responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment. ERSC offers comprehensive plan check and inspection services for CIP and development projects within the City of Chino Hills. The scope of construction inspection services encompasses the oversight of improvements related to streets, sewers, water systems, grading, and storm drains, along with their associated construction activities. Serenity Grove, Construction Inspection Services, City of Chino Hills, CA - Project Manager responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment. ERSC’s Inspection provided inspection services for the Serenity Grove single-family residential project in the City. This 50-unit subdivision includes extensive grading, erosion control, drainage, and retaining/MSE wall improvements. The project is further complicated by sensitive existing residential uses and environmental constraints on the project site. ERSC’s inspectors provide full-time oversight of the project from groundbreaking to final occupancy. The ERSC team is currently overseeing grading, erosion control, retaining/MSE wall construction, on/offsite water and sewer, drainage, traffic, and street improvements for the project. CMIS Ion Exchange Water Treatment Facility, Riverside Highland Water Company, Grand Terrace, CA - Construction Manager responsible for contract administration, progress meetings, material/RFI submittals, correspondence, labor compliance, and progress payment review. ERSC’s team provided construction management services during the construction of a potable water treatment facility and accompanying infrastructure. The facility is intended to treat water from a high producing local well site that is high in nitrate and PFAS concentration. The facility includes two 18” CMLC transmission pipelines, grading/site improvements, electrical, mechanical, and structural components related to the Ion Exchange treatment facility. The treatment system is housed in a new 4,000 sqft building with associated paving and drainage improvements at the RHWC’s corporate yard. ERSC’s team is in oversite of all construction activities related to the project. 23 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Reza Toorzani, PE | Construction Manager Education BS, Civil Engineering, Southern University and A&M College, Baton Rouge, LA MS, Civil Engineering, New Jersey Institute of Technology, Newark, NJ Affiliations American Concrete Institute Areas of Expertise Construction Management Structural Engineering Structural Analysis Material Analysis Mr. Toorzani joined the ERSC team in 2003, with more than 26 years of rich and extensive experience. He has gained particular skill in design, and a distinguished reputation for the overall supervision of large and complicated projects, insuring that the contracted works meets the required specifications. He has managed several site supervision teams and played a major role in completing projects according to program and within budget. In addition, Mr. Toorzani has practiced as an analyst, designer and site superintendent in the implementation of major civil infrastructure projects mainly in the United States and Iran. Since joining the ERSC team, Mr. Toorzani has focused his extensive experience and expertise on the design and peer review of various structures. His design experience includes large scale solar projects, walls and foundations, reinforced concrete box storm drains and substructures and block enclosures and small wood framed structures at pump station and large metal buildings. Has conducted peer review for conical wind turbine foundations in the City of Palm Springs, Con-Span bridge structures along the Cactus Valley Wash in the City of Hemet and reinforced concrete structures crossing the East Garden Grove/Wintersburg Channel in the City of Huntington Beach. CA, Civil Engineer No. C74906 DE, Civil Engineer No. C13235 Similar Project Experience: CMIS Ion Exchange Water Treatment Facility, Riverside Highland Water Company, Grand Terrace, CA - Construction Manager responsible for contract administration, progress meetings, material/RFI submittals, correspondence, labor compliance, and progress payment review. ERSC’s team provided construction management services during the construction of a potable water treatment facility and accompanying infrastructure. The facility is intended to treat water from a high producing local well site that is high in nitrate and PFAS concentration. The facility includes two 18” CMLC transmission pipelines, grading/site improvements, electrical, mechanical, and structural components related to the Ion Exchange treatment facility. The treatment system is housed in a new 4,000 sqft building with associated paving and drainage improvements at the RHWC’s corporate yard. ERSC’s team is in oversite of all construction activities related to the project. R2-3 Tank Rehabilitation Project, West Valley Water District, Rialto, CA - Construction Manager responsible for contract administration, progress meetings, material/RFI submittals, correspondence, labor compliance, and progress payment review. As a part of a development proposal in the area, the project’s proponent was required to rehabilitate and upsize a 4MG capacity tank that was constructed in 1991 on a 2.281 acres site shared with another Tank, 2-2. ERSC provided design for the rehabilitation of the tank’s structure, coating, floors, and site improvements including site and transmission piping. CM staff coordinated and inspected structural rehabilitation during all site and pipeline construction, internal support, rafter, and floor replacement, surface preparation and coating, coating mixing and application, curing, and overall project schedule, budget, safety, and conformance. Washwater Tank No.2 Rehabilitation, City of Poway, CA - Construction Manager responsible for contract administration, progress meetings, material/RFI submittals, correspondence, labor compliance, and progress payment review. ERSC’s team provided construction management and inspection services during the rehabilitation of the Washwater 2 tank at the City’s Wastewater Treatment Plant. The tank was originally constructed in 1995 and required coating and structural rehabilitation. CM staff coordinated and inspected structural rehabilitation during internal support, rafter, and floor replacement, surface preparation and coating, coating mixing and application, curing, and overall project schedule, budget, safety, and conformance. Palm Springs Master Drainage Plan Lines 6A and 8 and Laterals 20C and 20CA, Palm Springs, CA – Project Engineer and Construction Manager during the design and construction of the three major flood control projects across the City. Located along Sunrise Way Line 6A and Line 8 will result in the elimination of “down and under drains” and support commercial development between Via Escuela and Vista Chino Drive and Andreas Road and the Baristo Channel, respectively. Similarly, Laterals 20C and 20CA will result in the elimination of “down and under drains” and support residential development along El Cielo and Baristo Road. Mr. Toorzani provided review and modification of master plan hydrology, utility coordination, alignment selection and analysis, hydraulic modeling and the development of plans, specifications and estimates, and construction management. Soboba Fire Station Project, Soboba Band of Luiseno Indians, San Jacinto, CA - Construction Manager responsible for contract administration, progress meetings, material/RFI submittals, correspondence, labor compliance, and progress payment review. ERSC provided the design and preparation of PS&E for all on-site utilities including sewer, water, and storm drain. Upon completion of the design, ERSC provided Owner’s Representative services for the construction of the Fire Station. Water improvements included the design and construction of an 8” PVC waterline. Sewer improvements included design and construction of an 8” VCP from extending from the fire station site to Lake Park Drive, connecting to the existing EMWD 10” sewer pipeline. As the Owner’s Representative, ERSC coordinated contractor and subcontractor construction activities, reviewed and processed billing, conducted troubleshooting as needed, conducted progress meetings with the contractors and Tribal staff, and prepared punch lists upon completion of the construction of the fire station project. 24 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Similar Project Experience: PMP Sectors A, D and E Pavement Rehabilitation, City of Highland, CA - Construction Manager responsible for contract administration, progress meetings, material/RFI submittals, correspondence, labor compliance, and progress payment review. The project included pavement rehabilitation by pavement grinding, bump grind, pavement removal and replacement, crack sealing and repairs, asphalt pavement overlay, replacement of curb and gutter, and striping and markings of arterial, collector, and local streets throughout the City. Sectors B, C, D, and E Pavement Rehabilitation and Preventative Maintenance Projects, City of Highland, CA - Construction Manager responsible for contract administration, progress meetings, material/RFI submittals, correspondence, labor compliance, and progress payment review. The projects included pavement preventative maintenance by bump grind, crack seal, slurry seal, and scrub seal of collector and local streets throughout the City and maintenance of City parking lots. R2-3 Tank Rehabilitation Project, West Valley Water District, Rialto, CA - Assistant construction Manager responsible for contract administration, progress meetings, material/RFI submittals, correspondence, labor compliance, and progress payment review. As a part of a development proposal in the area, the project’s proponent was required to rehabilitate and upsize a 4MG capacity tank that was constructed in 1991 on a 2.281 acres site shared with another Tank, 2-2. ERSC provided design for the rehabilitation of the tank’s structure, coating, floors, and site improvements including site and transmission piping. CM staff coordinated and inspected structural rehabilitation during all site and pipeline construction, internal support, rafter, and floor replacement, surface preparation and coating, coating mixing and application, curing, and overall project schedule, budget, safety, and conformance. Construction Management & Inspection Services for the Natural Parkland Trails Project, City of Highland, CA - Construction Manager responsible for contract administration, progress meetings, material/RFI submittals, correspondence, labor compliance, and progress payment review. ERSC provided construction management and inspection for a natural parkland trails project that included trailhead improvements, accessible parking and path of travel to the trailhead on Base Line, restoration of existing trails, drainage culvert improvements, and educational area improvements. The work included construction of stabilized earthen walkway trails, trail grading, excavation, removal of PCC and AC, construction of ADA parking improvements, vehicular maintenance access driveway and turnaround improvements, curb and gutter, sidewalk, retaining walls, drainage culvert improvements, education site furnishings, signing/striping, and trail guide ropes and signs. Mr. Booth has a broad base of experience in various disciplines, such as transportation, site development, pavement rehabilitation, grading and drainage, and construction services. Mr. Booth graduated from Arizona State University and interned with notable companies such as Schuler Constructors, PACE, and HDR during his undergraduate studies. He worked for CASC Engineering, where he served as a survey chairman and design engineer. Mr. Booth recently served the City of Highland as a senior civil engineer, managing various capital improvement projects, overseeing the City’s engineering consultants, assisting with land development entitlements, and managing the Engineering plan check process. Projects recently undertaken by Mr. Booth involving the design and construction services include the following significant assignments. CA, Professional Engineer No.92625 BS, Civil Engineering, Arizona State University, Tempe, AZ Pavement Rehabilitation Services Active Transportation Services Drainage and Flood Control Land Development Services Education Areas of Expertise Ben Booth, PE | Construction Manager CMIS Ion Exchange Water Treatment Facility, Riverside Highland Water Company, Grand Terrace, CA - Assistant Construction Manager responsible for contract administration, progress meetings, material/RFI submittals, correspondence, labor compliance, and progress payment review. ERSC’s team provided construction management services during the construction of a potable water treatment facility and accompanying infrastructure. The facility is intended to treat water from a high producing local well site that is high in nitrate and PFAS concentration. The facility includes two 18” CMLC transmission pipelines, grading/site improvements, electrical, mechanical, and structural components related to the Ion Exchange treatment facility. The treatment system is housed in a new 4,000 sqft building with associated paving and drainage improvements at the RHWC’s corporate yard. ERSC’s team is in oversite of all construction activities related to the project. Overland Bridge at Murrieta Creek, Federal Highway Bridge Program Fund, Temecula, CA - As a partner to the CNS Engineers’ team, Ben served as Project Engineer during the design of a bridge structure over and across Murrieta Creek connecting Avenida Alvarado with Overland Drive at the intersection of Enterprise Circle to the east of the creek. The ERSC team was responsible for all ancillary improvements to the design of the bridge, including street improvements, drainage improvements, right of way legals/plats, channel hydraulic/hydrology analysis, and WQMP, all facilitated in-house by the ERSC team. The project required compliance with Caltrans LAPM requirements and federal funding requirements. ERSC is assisting CNS with obtaining permits from various agencies such as USACE Section 408, RCFC&WCD Encroachment Permit, CDFW Section 1602, and RWQCB Section 401 for improvements within the channel. Sector D Pavement Rehab Design and Construction Management Services, City of Highland, CA - Project Engineer and Assistant Construction Manager responsible for contract administration, progress meetings, material/RFI submittals, correspondence, labor compliance, and progress payment review. Work included pavement rehabilitation and ADA ramp and needed drainage repairs. Rehabilitation of the streets included overlay with removal and replacement or dig outs of severely distressed areas. Provision for removal and replacement of soft and/or wet areas where encountered was also included in the specifications and bid schedule. 25 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Mr. Smith has over 25 years of experience in the engineering and construction industry. He has worked in the water industry since 1990 starting in operations and maintenance and then transitioning to Supervising Engineering Inspector. He has extensive experience in inspecting and managing the construction of facilities in the area of water, sewer and recycled which includes pipelines, Sewer Lift Stations, Reservoirs, PRV Stations and Booster stations. He has agency maintenance and operations experience holding positions in meter service department. He has extensive inspection experience for land development and capital projects. Duties include preparing daily inspection reports, job site photos, coordinating materials testing services, and coordinating with local and state agencies. He assists in the development of District Standards and has planned and executed hundreds of system shut downs to upgrade, repair or replace overtaxed or failing water or sewer appurtenances. He has inspected and certified conformance of completed work including all backflow devices that are installed on new District and Developer projects. He is able to resolve field and operational issues related to the construction of infrastructure projects through a detailed knowledge of the systems operational requirements, construction contractors means and methods, and by developing and maintaining good working relations with contractors, agency staff and other local agencies. Municipal Inspection Water Infrastructure Caltrans Areas of Expertise Water Distribution D-3, State of CA DHS Water Treatment T-1, State of CA DHS Certified Backflow Tester, AWWA Coating Inspector Level 1, NACE NASSCO Cured in Place Pipe CIPP 911-0643 Concrete Field Testing Technician Grade 1, ACI Recycled Water Site Supervisor Certificate Education Similar Project Experience: On-Call Construction Inspection Services – City of Banning, CA Chief Inspector in management and oversight of construction activities for street, sewer, water, grading, and storm drain projects and their related improvements in the City of Banning. Since 2019 ERSC has completed over 430 individual assignments in the City. This is inclusive of the 4,000-unit Atwell development, for which ERSC has been in oversight all grading and improvement construction activities related to the project. Cooly was responsible for management of inspection personnel or inspection of the following in the City of Banning: • Sewer, Water, Storm Drain, and Street Improvements: Tract #37365, Tract #37474, Tract #37298, Tract #37298-2, Tract #37298-3, Tract # 37298-1, and Highland Springs Avenue • Wilson Sewer Trunk Line Installation • Wilson Sewer Lift Staton Installation • Sunset Sewer Trunk Line • Well NP-1 Equipping and Enclosure • Non-Potable Water Improvement Segment D-1 • Foothill West Reservoir 3.76 Million Gallon • Irrigation Water Supply System Segment – B Phase 1 • Interconnect facility for Beaumont Cherry Valley & The City of Banning Non-Potable Water Improvements - NP-1 Pump Line – City of Banning, CA Sr. Construction Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. Well NP-1 located near the City’s treatment plant is a production site for non-potable water to the City’s water system. The project included 5,000 LF of 24” DIP pipeline from the well site to connect to the City’s system. Construction of the pipeline required directional boring with casing beneath large storm drain infrastructure in Lincoln Street. ERSC inspectors were required to practice superior vigilance on the project due to faulty gaskets received from the manufacturer with potential for leaks. CA-91 Express Lanes Project – RCTC – Corona, CA Construction Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. During the project, Cooly was primarily responsible for sewer and water relocations, new installations, drainage improvements, and landscaping. Under his supervision, crews successfully completed 3 directional borings and casing installations for water and sewer pipelines under active and future highway lanes. CA-101 Slope Stabilization and Improvements – CalTrans – Camarillo, CA Construction Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. Cooly provided construction inspection services during slope improvements along CA-101 to mitigate rock fall potential and enhance highway safety. Vail Lake Native Vegetation Restoration – Rancho California Water District (RCWD) – Temecula, CA Site Inspector for this native vegetation restoration of wetland and non-wetland waters of the United States as a result of installation of 14,000 lineal feet of a 48-inch pipeline to comply with mitigation requirements pursuant to Section 404 of the Federal Clean Water Act and Section 1600 et seq. of the California Fish and Game Code. Duties included inspection, preparing daily reports, coordinate with materials testing consultant, job photos, quality assurance, coordinate with maintenance and operations departments. Vail Lake Transmission Main & Pump Station – Rancho California Water District (RCWD) – Temecula, CA Inspection supervisor for this installation of 14,000 lineal feet of 48-inch CML & C pipeline and construction of a booster station capable of pumping 80 cfm of raw water to the District Vail Lake facilities for a cost of approximately $6 million. Duties included oversight of inspection staff, review daily reports, manage materials testing consultant, Cooly Smith | Chief Inspector 26 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Cooly Smith | Chief Inspector review project submittals, RFI’s, correspondence, change orders, and monthly progress payments. Hillside Trail Sewer Relocation at Bear Creek – Murrieta, CA Supervising Construction Inspector responsible for a 300-foot relocation of sewer pipe and construction of two new manholes. Oversight of inspection activities, development of daily reports with photographic record detailing the workers, equipment, activities, and material incorporated. Provided utility coordination, coordination of materials testing, geotechnical, and other specialty inspection consultants. Reclamation Pond No. 5 Project – Rancho California Water District (RCWD) – Temecula, CA Supervising Construction Inspector for this $8 million Recycled Pond project. The project features include 1.5 million cubic yards of grading, construction of new pond number 5 and relining other ponds with new foundation and membrane, drainage structures, connection piping systems and controls, road construction, landscaping and irrigation. Duties include daily reports with photographic records, detailing the workers, equipment, activities and material incorporated into the project each day. Duties also include utility coordination, coordination of materials testing, geotechnical and other specialty inspection consultants. Hillside Trail Sewer Relocation at Bear Creek – Murrieta, CA Supervising Construction Inspector responsible for a 300-foot relocation of sewer pipe and construction of two new manholes. Oversight of inspection activities, development of daily reports with photographic record detailing the workers, equipment, activities, and material incorporated. Provided utility coordination, coordination of materials testing, geotechnical, and other specialty inspection consultants. District Headquarters and Senga Doherty Pump Station Solar Power Project – Rancho California Water District (RCWD) – Temecula, CA Inspection Supervisor responsible for installation of 1.0 MW and a 0.5MW Photovoltaic System. Oversight of inspection staff, reviewed daily reports, managed materials testing consultants, reviewed project submittals, RFIs, correspondence, change orders, and monthly progress payments. Soboba Casino Storage Reservoir – Soboba Band of Luiseno Indians – San Jacinto, CA Senior Construction Inspector during the construction of the Tribes 1MG welded steel reservoir. The tank was designed to provide adequate capacity to serve the additional demand that the newly constructed casino would place on the tribe’s water system. Cooly provided inspection during the entire project term including grading, ring pour, sand placement, welding, and performed coating inspections. Reclamation Pond No. 5 Project – Rancho California Water District (RCWD) – Temecula, CA Supervising Construction Inspector for this $8 million Recycled Pond project. The project features include 1.5 million cubic yards of grading, construction of new pond number 5 and relining other ponds with new foundation and membrane, drainage structures, connection piping systems and controls, road construction, landscaping and irrigation. Duties include daily reports with photographic records, detailing the workers, equipment, activities and material incorporated into the project each day. Duties also include utility coordination, coordination of materials testing, geotechnical and other specialty inspection consultants. 30” Transmission Mainline Improvements on Highland Ave. – West Valley Water District – Rialto, CA Supervising Construction Inspector during this improvement project which involves the construction of a new waterline and associated appurtenances in Highland Avenue between Oakdale Avenue and Pepper Avenue in the City of Rialto. Construction includes installation of approximately 3,700lf of CML&C water line. The proximity to Interstate 210 will require interfacing with CalTrans and coordination with the agency’s procedures. R2-3 Tank Rehabilitation Project, West Valley Water District, Rialto, CA - Chief Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. As a part of a development proposal in the area, the project’s proponent was required to rehabilitate and upsize a 4MG capacity tank that was constructed in 1991 on a 2.281 acres site shared with another Tank, 2-2. ERSC provided design for the rehabilitation of the tank’s structure, coating, floors, and site improvements including site and transmission piping. CM staff coordinated and inspected structural rehabilitation during all site and pipeline construction, internal support, rafter, and floor replacement, surface preparation and coating, coating mixing and application, curing, and overall project schedule, budget, safety, and conformance. Bloomington Business Park Lift Station and Forcemain, City of Rialto, CA - Chief Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. ERSC’s team provided plan checking and construction inspection services during the permitting and construction of the sewer improvements for the Bloomington Business Park. The new industrial facility was required to construct sewer improvements including a new lift station, 6,000LF of gravity sewer, and 2,300LF of Sewer Force Main. ERSC inspectors were present to observe work during the construction of the lift station and associated sewer improvements. Washwater Tank No.2 Rehabilitation, City of Poway, CA - Chief Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. ERSC’s team provided construction management and inspection services during the rehabilitation of the Washwater 2 tank at the City’s Wastewater Treatment Plant. The tank was originally constructed in 1995 and required coating and structural rehabilitation. CM staff coordinated and inspected structural rehabilitation during internal support, rafter, and floor replacement, surface preparation and coating, coating mixing and application, curing, and overall project schedule, budget, safety, and conformance. 27 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Cooly Smith | Chief Inspector On-Call Construction Inspection Services, City of Chino Hills, CA - Chief Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. ERSC offers comprehensive plan check and inspection services for CIP and development projects within the City of Chino Hills. The scope of construction inspection services encompasses the oversight of improvements related to streets, sewers, water systems, grading, and storm drains, along with their associated construction activities. Serenity Grove, Construction Inspection Services, City of Chino Hills, CA - Chief Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. ERSC’s Inspection provided inspection services for the Serenity Grove single-family residential project in the City. This 50-unit subdivision includes extensive grading, erosion control, drainage, and retaining/MSE wall improvements. The project is further complicated by sensitive existing residential uses and environmental constraints on the project site. ERSC’s inspectors provide full-time oversight of the project from groundbreaking to final occupancy. The ERSC team is currently overseeing grading, erosion control, retaining/MSE wall construction, on/offsite water and sewer, drainage, traffic, and street improvements for the project. Well NP-1 Site Development and Equipping, City of Banning, CA - Chief Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. Provided inspection services during the equipping and site development for the NP-1 Well Site - a non-potable well used as a production facility for the City’s new Recycled Water System. The 600’ well was equipped with a single 250HP motor capable of 1,000 GPM. The well, pump, and equipment were housed in a new CMU building with a retractable roof. The site was improved with electrical equipment, SCADA integration, site security fencing/lighting, asphalt access paving, and building apron. 28 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Breven joined ERSC bringing 25 years of experience in the construction industry. Since joining ERSC, Breven has been responsible for inspection of complex water resources CIP efforts. He has been responsible for oversight of large- scale pipeline projects, water storage improvements, site improvements, and general oversight of construction progress for public agency clients. Prior to joining ERSC, Breven supervised all aspects of public works projects and tract development, including supervision of subcontractors, scheduling individual scopes of work, inspections, plan comprehension, and job site safety in residential, commercial and public improvement/facilities projects. AS Degree in Computer Aided Drafting Cal/OSHA 10-hour Training AWS Welding D1.1 Cal/OSHA Confined Space Entry NAVI/PADI Dive Certified CPR Competent Person Similar Project Experience: Construction Management and Inspection Services - Santa Ana Avenue Transmission Main Project Phase 2, West Valley Water District - Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. The project includes the construction of a new 12-inch diameter DI transmission main for approximately 5,229 linear feet in Santa Ana Avenue that will replace aging lines and provide improved fire flow for the residences in the area. The new transmission main will replace the existing 4-inch water main serving this area and will be constructed within the street right of way. Construction Management and Inspection Services, 1.6MG Reservoir, City of Loma Linda, CA - Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. ERSC’s team provided inspection services during the construction of a new 1.6 million-gallon reservoir in the City of Loma Linda. The new reservoir is to provide additional supply to the City’s 1A, 2, and 2A pressure zones in the event that the existing reservoirs are taken offline for repairs or maintenance. The reservoir is of welded steel construction with extensive site improvements necessary. The site’s unique topography allows the reservoir to be hidden but requires extensive grading with 20,000 CY of material moved. ERSC inspectors were present for observation of the tank construction and also access road improvements, various site improvements, storm drain improvements, SWPPP compliance, SCADA, and electrical component installation as well as coordination of geotechnical and coating inspections. ERSC also provided design services during the PS&E phase of the project. Construction Management and Inspection Services, Beaumont Avenue Pipeline, City of Loma Linda, CA - Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. ERSC provided construction inspection services during the construction of a new domestic water line in the City of Loma Linda. A new 1.6 million-gallon reservoir being constructed in the City prompted construction of a new water line to convey the stored water to the system. The project included approximately 2,000 LF of 16” DIP pipeline from the reservoir site to connect to the City’s system. Construction of the pipeline out of the right-of-way was conducted along steep slopes from the reservoir site and pipe anchors were required due to the gradient. At the right-of-way, a line stop tie-in, 2 hot taps and an agricultural meter were installed to provide service to adjacent uses and connection to the system. Bloomington Business Park Lift Station and Forcemain, City of Rialto, CA - Chief Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. ERSC’s team provided plan checking and construction inspection services during the permitting and construction of the sewer improvements for the Bloomington Business Park. The new industrial facility was required to construct sewer improvements including a new lift station, 6,000LF of gravity sewer, and 2,300LF of Sewer Force Main. ERSC inspectors were present to observe work during the construction of the lift station and associated sewer improvements. On-Call Construction Inspection Services, City of Chino Hills, CA - Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. ERSC offers comprehensive plan check and inspection services for CIP and development projects within the City of Chino Hills. The scope of construction inspection services encompasses the oversight of improvements related to streets, sewers, water systems, grading, and storm drains, along with their associated construction activities. Serenity Grove, Construction Inspection Services, City of Chino Hills, CA - Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. ERSC’s Inspection provided inspection services for the Serenity Grove single-family residential project in the City. This 50-unit subdivision includes extensive grading, erosion control, drainage, and retaining/MSE wall improvements. The project is further complicated by sensitive existing residential uses and environmental constraints on the project site. ERSC’s inspectors provide full- time oversight of the project from groundbreaking to final occupancy. The ERSC team is currently overseeing grading, erosion control, retaining/MSE wall construction, on/ offsite water and sewer, drainage, traffic, and street improvements for the project. Breven Nescher| Sr. Construction Inspector Education Certifications 29 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Various Large Residential Tract Developments, Pardee Homes, Various Locations, CA - Superintendent in oversight of multiple tract housing developments throughout Southern California. Responsibilities included scheduling work, conducting inspections, supervising contractors, homeowner/inspector punch lists, warranty inspections, and adherence to applicable building plans, standards, and codes. Supervised construction of homes in the following communities: • Meridian (230 homes) • Aurora (200 homes) • Oakmont (135 homes) • Pinehurst (72 homes) • Tanglewood (82 homes) • Solaris (260 homes) • Karina (65 homes) Air Traffic Control Center Construction and Retro Fitting, EFS West, Various Locations, USA - Project Superintendent overseeing the retrofitting of air traffic control centers to FAA and federal building codes and standards throughout the United States. Locations included: • Miami, Florida • New Mexico • Indianapolis, Indiana • Virginia • Palmdale, California Large Residential Tract Developments, Tri Pointe Homes, Various Locations, CA - Superintendent overseeing multiple tract housing developments throughout Southern California. Responsibilities included scheduling work, conducting inspections, supervising contractors, homeowner/inspector punch lists, warranty inspections, and adherence to applicable building plans, standards, and codes. Supervised construction of homes in the following communities: • Becon (130 homes) • Stoneridge (142 homes) • Easton (80 homes) • Horizon (92 homes) • Altis (active adult community, 45 homes) Breven Nescher| Sr. Construction Inspector 30 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Mr. Meeks has more than 25 years’ experience in the General Engineering Construction field. Throughout his career, Tracy has been a successful superintendent throughout hundreds of underground utility, grading, paving, and similar assignments. Tracy’s specialty is in underground wet utilities. Since 1996 Tracy has been involved in completing underground utility projects on behalf of developers and publics agencies. Tracy’s responsibilities included oversight of several concurrent jobs, scheduling, material ordering, site safety, equipment moves, and labor/subcontractor supervision. His experience as a seasoned superintendent lends him the skills necessary to work as an inspector for numerous underground projects. He has been exposed to numerous methods, preferences, and standards throughout the Southern California region and has proven himself invaluable to ERSC’s inspection clients. Osha 10/30 Confined Space Certification Similar Project Experience: On-Call Construction Inspection Services, Elsinore Valley Municipal Water District, Lake Elsinore, CA - Sr. Construction Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. Under an On-Call agreement, ERSC provides construction inspection services for developer funded and CIP projects through the District service area. Tracy has overseen the following representative projects on EVMWD’s behalf:• TM38271 – Water and Sewer• Horsethief Reservoir Rehabilitation• Nichols Road Lift Station Rehabilitation• TM36557 – Water and Sewer• TM36672 – Water and Sewer• TM28214-2 – Water and Sewer • TM36672 – Water and Sewer• TM37305 – Water and Sewer• TM32129 – Water and Sewer• TM30698 – Water and Sewer• TM32585 – Water and Sewer On-Call Professional Services, Jurupa Community Services District, Jurupa Valley, CA - Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. Inspection assignments include:• Reline 12” sewer main for DR Horton site. On-Call Construction Inspection Services , City of Banning, CA - Sr. Construction Inspector in oversight of construction activities for street, sewer, water, grading, and storm drain projects and their related improvements in the City of Banning. Since 2018 ERSC has completed over 430 individual assignments in the City. This is inclusive of the 4,000-unit Atwell development, for which ERSC has been in oversight all grading and improvement construction activities related to the project. Tracy was responsible inspection of the following in the City of Banning: Offsite Improvements in support of various development activity including:• Mountain North Water 18” Transmission Line• 16” Non-Potable Pipeline Segments B and D Foothill West 18-inch Water Transmission Line, City of Banning, CA - Sr. Construction Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. ERSC’s team provided inspection services during the construction of the Foothill West Transmission Line in the City. The 18-inch 2250LF DIP pipeline serves as transmission in the pressure zone from the newly installed 3.76 MG Foothill West reservoir. Construction was coordinated with the rough grading efforts related to the buildout of Tract 37446 to allow for quick installation, avoiding pavement cuts, traffic disruption, and utility conflicts. ERSC inspectors observed all phases of the pipeline’s construction, including excavation, pressure testing, and chlorination. Non-Potable Water Improvements - NP-1 Pump Line, City of Banning, CA - Sr. Construction Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. Well NP-1 located near the City’s treatment plant is a production site for non-potable water to the City’s water system. The project included 5,000 LF of 24” DIP pipeline from the well site to connect to the City’s system. Construction of the pipeline required directional boring with casing beneath large storm drain infrastructure in Lincoln Street. ERSC inspectors were required to practice superior vigilance on the project due to faulty gaskets received from the manufacturer with potential for leaks. Wilson Street Sewer Lift Station, City of Banning, CA - Sr. Construction Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. ERSC’s team provided inspection services during the construction of the Wilson Street Sewer Lift Station in the City of Banning. The lift station collects wastewater from the entire 4,800 unit Atwell development for pumping and discharge into the City’s gravity system. 15” trunk sewer feeds the lift station’s grinder facility which discharges to the adjacent 28’ deep wet well with triple redundant pumps. Pumps feed the 12” sewer force main that conveys wastewater 5,000LF to the Gravity system. ERSC inspectors observed construction of the entire facility including enclosure building, wet well, pumps, back up generator, site improvements, and electrical components. Various Water System Improvements, CDMSmith, Camp Pendelton, CA - Superintendent on various water system improvements throughout the Military Installation. The projects included 12”, 18” and 24” HDPE system improvements with fused joints. Projects also included various in-plant upgrades to production and treatment facilities throughout the base. Tracy Meeks| Sr. Construction Inspector 31 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Mr. Lopez brings more than 20 years experience in construction services. He is versed in construction and installation, as well as supervision and site management. Specific assignments include pipeline construction services, including installing Domestic Water, Recycle Water, Sewer, Storm Drain and Sewer Force Main. Similar Project Experience: Plan Check and Inspection Services, City of Banning, Banning, CA - Sr. Construction Inspector in oversight of construction activities for street, sewer, water, grading, and storm drain projects and their related improvements in the City of Banning. Since 2018 ERSC has completed over 430 individual assignments in the City. This is inclusive of the 4,000-unit Atwell development, including jack and bore installation of a 24” ductile iron pipeline with a 40-foot stretch, for which ERSC has been in oversight all grading and improvement construction activities related to the project. Saul was responsible for inspection of the following in the City of Banning: In-Tract Sewer, Water, Storm Drain, and Street Improvements for: • TM37389-2 PA11 • TM37389-1 PA 1-5 • TM37289-3 • TM37298-1 Offsite Improvements in support of various development activity including: • TM37389-1 Offsite 18”-12” Water and 12” Sewer • Highland Home Road Retention / BMP Basins and Energy Dissipators • TM37389-1 Offsite 18” Water in Highland Home Road and 8” Non- Potable Water • TM37388 Offsite 8” Non-Potable Water and 8” Sewer 15” – 12” Force main and Trunk Sewer, City of Banning, CA - Sr. Construction Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. The project included 5,000 LF of 12” DIP Force main and 4,000LF of 15” SDR26 Sewer Pipeline. The trunk sewer collects wastewater from the Atwell development for conveyance to the Wilson Street Lift Station. Forcemain is used to convey water from the lift station to the gravity sewr tie-in at Sunset Avenue. The forcemain included manholes that were to house check valves for the long reach to reduce the potential for backflow to the lift station. Each manhole and check valve was installed following the construction of the forcemain. On-Call Construction Inspection Services, Elsinore Valley Municipal Water District, Lake Elsinore, CA - Sr. Construction Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. Under an On-Call agreement, ERSC provides construction inspection services for developer funded and CIP projects through the District service area. Inspectors are responsible for oversight of construction for various water system improvements including pipelines, reservoirs, lift stations, booster stations, service connections, and related infrastructure and improvements. Pardee Homes, Canyon Hills, CA, 2010 - 2013 - Inspector for the installation of a 12” C-900 Sewer Line, including 80 feet of Jack and Bore and a force main from a sewer lift station. Project also included the installation of Domestic and Recycle Water Lines, and Storm Drain. Pulte Homes, Perris, CA, 2015 - 2017 - Inspector for the installation of an 8” SDR-35 Sewer Line, including 90 feet of Jack and Bore. The project also incluied Recycle and Domestic Water Lines, Box Cover, Storm Drain Basins, and utility crossings. Pardee Homes, Menifee, CA, 2017 - 2019 - Inspector for the installation of a 36” CMLC Water Line, including 80’ of Jack and Bore. Project also included a Storm Drain Box Cover and Bio-cleaning Filters for Storm Drain Catch Basins. Additional Experience: Sewer • Installation mainline and laterals with SDR pipe, VCP, and Ductile • Pressure test New or Existing live lines • Repair on New or Existing line lines • New MH’s on New or Existing live lines • Video Sewer lines and Laterals Recycle and Domestic Water • Water mainline and services, installation PVC, Ductile Welded CML&C • Pressure Test, Chlorination, Dechlorination tie-ins, Hot-tops, Copper welding, water services, Fire hydrants, Blow off, water sample lower services Storm Drain • Main line and lateral installation, RCP, ADS, PVC, SDR, Ductile • Structures MH’s, catch basins, CMP raisers over flow pads, Rip Raps • Box Cover Saul Lopez | Sr. Construction Inspector OSHA 10 Confined Space Certified CPR Competent Person 32 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Don Isom | Sr. Construction Inspector Don is an experienced inspector with 39 years of diversified experience in multiple phases of multi-million dollar commercial and residential construction projects. He holds the following certifications: QSP, D2,T2,CPII and ACI. His trade proficiencies include mechanical; plumbing, storm drain and sewer; installation of underground utilities and appurtenances; concrete structures; asphalt roadways; sidewalks; curb and gutters; and ADA requirements. Don’s project responsibilities have included: plan and specification reading; City relations and customer service; project planning and scheduling; problem-solving and crisis management; and ensuring compliance with building and site requirements. APWA-CPII Inspector C-34 Contractors License Water Treatment Operator- T2 Water Distribution Operator -D2 Certified Erosion Sediment & Storm Water Inspector (CESSWI # 5522) Concrete Field-Testing Technician Grade 1, ACI QSP Qualified Practitioner CASQA #21254 National Association of Sewer Companies (NASSCO), Inspector Training & Certificate Program (CIPP) - Cured-in-Place Pipe OSHA-30 Hour Confined Space Heat & Illness Fall Protection Trench Safety Areas of Expertise Similar Project Experience: Tesoro Highlands Phase 1 thru 9- Water, Santa Clarita Valley Water Agency, Santa Clarita, CA - Construction Inspector overseeing the daily operations of pipe installation, photo documentation, quantity control, trench compaction, traffic control, dust control, and BMP’S. Monitored confined space work, performed submittal review, attended weekly meeting’s and provided response for any emergencies. Generated daily inspection reports, punch lists items, and project completion reports to maintain consistent project documentation for the Agency on Procore. This Project consisted of approx. 2,000 feet of 24’’ DIP, 6,000 feet of 16’’ DIP, 17,700 feet of 12’’ DIP and 16,000 ft of 8’’ DIP. All pipe joints were double cement lined and fully restrained with EPDM field lock gaskets or rubbers. There were approx. (880) 1’’ poly water services, (75)- 6’’ fire hydrants, (25)- 2’’ and 3’’ air vacuum assembly and (13) 4’’ blow offs. In addition I oversaw the construction of a new booster pump station complete with new masonry building, two 100 hp booster pumps, approx. 200’ of 16’’ double cement lined DIP, Including above ground CML&C, piping, instrumentation, mag meter and backflow assemblies. Electrical, duct bank and transformer. Pipeline Relocation for I-10 Widening Project, Monte Vista Water District, Montclair, CA - Construction Inspector during a water main construction project that consisted of the installation of 1500 LF of 12’’ DIP, 715 LF of 14’’ DIP, 400 LF OF 16’’ DIP, 800 LF of 24’’ and 30’’ Steel Encasement. All piping is wrapped in Polyethylene sheeting for corrosion protection. Also included in the project is the removal of 3300 LF of existing water pipes of various sizes: 6’’, 8’’,12’’,14’’ and 16’’. Installation of fire 6 hydrants, 6- 4’’ blow off assemblies, 5 -2’’ air vacuum valve assemblies, 1 – 8’’ DCDA and 1-4’’ FDC connection. Other project components include slurry back fill and native backfill per specification requirements and trench safety and traffic control with hard closures. As the Inspector, oversaw nightly operations, nighty photo documentation, quality control and quantity control, traffic control, dust control, BMP’S, reviews submittals, and attends bi-weekly meetings. Also generated nightly Inspection reports, punch lists and project completion reports to maintain consistent documentation for the completion of the project. Brine Line Reach I, City of Beaumont, CA - Inspector during a project to construct a pipeline from the WWTP to the Inland Empire Brine Line at the Santa Ana River with the Brine being treated at the Orange County Sanitation District. The scope consisted of 61,253 lf of 12’’ HDPE DR-17, DR-14 pipe wrapped in mirafi-fabric with tracer wire Per the City of Beaumont National Pollutant Discharge Elimination System (NPDES) permit. Work included de-watering of work area, (3) jack & bore with 24’’ casing, (1) 18’’ Horizontal Directional Drill approx. 800 Ft., installation of (36) manholes, (13) maintenance monitoring manholes with mission control equipment, (61) wire test stations, (3) 4’’ Bottom flush drain assemblies, trench bedding & backfill per City of Redlands, Beaumont & County of Riverside Requirements. Site restoration included base paving of trench line and grind & overlay of approx. 713,700sq ft. of roadway. Oversaw daily operations, daily photo documentation, quality control, quantity control, traffic control, dust control, and BMP’S. Monitored confined space work, performed submittal review, attended weekly meetings and provided response for any emergencies. Also generated daily inspection reports, punch lists, and project completion reports to maintain consistent project documentation. Oroville Dam Emergency Response, CA Department of Water Resources, Oroville, CA - Construction Manager and Inspector, as well as coordination of the testing and consistent communication with the construction management and engineering staff to provide the expedited response to this emergency. Relocation of the Sewer in San Joaquin Drive West, EVMWD, Lake Elsinore, CA - Construction Inspector during a project that installed a temporary bypass system for sewer diversion while construction activities took place with the installation of 210 lf of 8” DR14 C900 PVC pipeline and 238 lf of 6” C900 PVC in the City of Canyon Lake. Work also included installation of (3) new 60” precast drop sewer manholes, modification to an existing 48” manhole, connection of (5) 6” sewer laterals and abandonment of approximately 240 lf of existing 8” sewer pipeline and 6” laterals. Responsibilities included the daily inspection reports, quality controls, quantity counts, progress payments, and submittals. County Water Company of Riverside Final Water Systems Improvements Project, EVMWD, Lake Elsinore, CA - Construction Inspector during a project consistuing of approximately 33 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Don Isom | Sr. Construction Inspector 140 of Horizontal Directional Drilling of 8” HDPE under the creek crossing on Club Ave, installation of (7) air vacuum relief valves, and removal and abandonment of approximately 3,600 lf of temporary above ground HDPE highline located along Bundy Canyon. This project was located within a rural area of Wildomar making project access, as well as compliance with environmental sensitivity, a challenge. There was also a substantial amount of ground surface erosion causing additional challenges in handling the existing AC pipeline with heavy construction equipment. Was responsible for the daily inspection reports, quality controls, quantity counts, progress payments, and submittals. On-Call Construction Management and Inspection Support Services, Moulton Niguel Water District, Laguna Niguel, CA - Inspector serving as VC&A Inspector for MNWD providing as-needed staff augmentation, construction management and special inspection of electrical work, startup and commissioning, linings & coatings, structural work, welding, and other general overflow inspections. Provided services on the following task orders: • San Juan Creek ETM Pipeline Removal – Removal of existing concrete encased abandoned piping in the San Juan Creek. Maintained County encroachment permit compliance, coordinated preconstruction meetings and final inspection/permit sign off with County. • El Dorado Reservoir – Structural and coating inspection of reservoir improvement in conjunction with Harper & Associates Engineering. • Forbes Road Phase II – New sewer and water improvements, removing and upsizing existing sewer and water improvements to accommodate future development in the area. • Paseo de Valencia Lift Station – Monitored dewatering and cleaning of existing wet well. Inspected condition of wet well and lining for potential rehab. Responsible for visual inspection, holiday testing, adhesion testing of coating during rehabilitation and reports. • Aliso Hills Reservoir – Structural and coating inspection of reservoir improvement in conjunction with Harper & Associates Engineering. • Warranty Inspection Mathis and Bear Brand – Provided structural and coating inspections prior to end of warranty period in conjunction with Harper & Associates Engineering. California-American Water Company, Sacramento, CA - Construction Inspector providing construction inspection services related to the installation, replacement, and removal of California American Water distribution system and water treatment improvements and the inspection of third-party installations. On-Call Inspection Services, Elsinore Valley Municipal Water District, CA - Construction Inspector providing construction inspection services for various development infrastructure installation projects throughout Lake Elsinore, Wildomar and Murrieta. Each project was inspected at various stages of construction to ensure that the work was completed in compliance with the contract documents. These documents included the development contract drawings and specifications, special provisions, local jurisdiction requirements and EVMWD standards drawings. On-Call Construction Management/Engineering Support/Testing and Inspection, City of Cypress, CA - Construction Inspector on the VC&A team providing services on over eighty (80) separate task orders encompassing Capital Improvement Program (CIP) as well as several permits or Non-CIP projects. Typical projects included sidewalks, curb & gutter, driveway and handicap ramp replacements, tree removal and replacement, slurry seal type 1 & 2, sewer replacement and lining, street widening, relocations of utilities, asphalt grind and overlay, storm drains, new median construction and traffic signal replacement. Provided public outreach, and inspection for various encroachment permit projects that included new development, utilities, and SWPPP. Inland Empire Brine Line Reach V Rehabilitation, and Improvement- Phase 2, Santa Ana Watershed Project Authority, CA - Construction Inspector responsible for inspection, completing daily inspection reports, quality controls and photographs. The project included construction of approximately 5,100 lf of new 18-inch diameter IPS HDPE pipe, construction of four maintenance access structures, and associated fittings and appurtenances. Also included was the abandonment of the existing system. Dalton Well Site Expansion, Golden State Water Company, Gardena, CA - Construction Inspector providing inspection services on this project which consisted of building a seven-room chloride building; inspected the installation of two - 500-gallon chloride contact vessels, electrical instrumentation, installation of 16” & 18” ductile iron pipeline, building of well house for potable water, installation of well pump head, and bowl pumps, chemical injection lines, along with grading and paving. On-Call Services, California Department of Water Resources, Statewide, CA - Construction Inspector providing encroachment permit inspection services for construction projects in various locations throughout California within the Department of Water Resources (DWR) Right-of-Way as well as inspections on Agreement Construction Projects currently with the Los Angeles Department of Water and Power. Duties included verification of all construction methods and results that were following the approved permits filed with DWR’s main office in Sacramento, CA. Verified the DWR Right-of-Way was always protected during construction and that areas affected were returned to their original condition. Responsibilities included preparation of daily inspection reports, photographs on each encroachment permit project and agreement project inspected within the DWR Right-of-Way. Also attended preconstruction meetings prior to work commenced on each project assigned and attended progress meetings. Upon completion of the construction work, scheduled and conducted final project inspections and developed punch lists as necessary with the DWR Field Supervisor, Department of Engineering Supervisors and Operation and Maintenance (O&M) Supervisors. 34 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Don Isom | Sr. Construction Inspector On-Call Inspection Services, Coachella Valley Water District, Coachella Valley, CA - Construction Inspector providing services for various water and sewer pipeline projects for new tract developments within the District. Responsible for final inspections for certificate of occupancy within the District, rehabilitation of existing potable water wells, pull well pump bowls and shafting, ball and brush wells, replacement of pump bowls and shafting at various locations within the District, and asphalt placement at well sites within the District. Also generated daily reports, punch lists, and project completion reports, collected water samples and completed chain of custody paperwork for the District. Mentone Pipeline, California Department of Water Resources, Statewide, CA - Construction Inspector serving as a construction inspector on approximately 5.5 miles of new pipeline connecting the Foothill Pumping Plant to the Citrus Reservoir as well as pipeline connecting the Citrus Pump Station to the Crafton Hills Pumping Plant. The project installed two sections (south and east) of cement mortar-lined steel pipes with a cold tar enamel coating in trench depths from 15 ft. to 55 ft.; two miles of 72-inch, buried steel pipe from the Foothill Pumping Plant to the Citrus Reservoir; approximately 3.5 miles of 66-inch buried steel pipe from the Citrus Pump Station to the Crafton Hills Pumping Plant; and installation of valves, access structures, pipe fittings, flow meters, and cathodic protection. Groundwater Production Restoration and Transmission Main, Castaic Lake Water Agency, Santa Clarita, CA - Construction Inspector for a project that included the installation of approximately 2,320 ft. of 42”, 200 ft. of 36”, 4,780 ft. of 30”, 6,880 ft. of 18”, 5,230 ft. of 16”, and 675 ft. of 10” cement mortar lined and coated steel pipe; 2,500 ft. of 16” ductile iron pipe complete with air vacuum/release valves and appurtenances; pipeline testing, disinfection and water sampling; two bridge crossings; restoration of the existing site; concrete curbs and gutters; and manway vaults and cathodic test stations. Verified that the proper procedures for trenching, excavation, shoring, tree protection and disposal of excavated material were followed. Treatment and restoration of the project consisted of the rehabilitation of Saugus 1 & 2 Wells. Construction of a Booster Pump Station included three pumps complete with piping, electrical and instrumentation. Construction of a perchlorate treatment plant included bag filters, ion exchange vessels, treated water tanks, three treated water pumps, and outdoor chemical storage and feed systems. Rio Vista Treatment Plant Expansion, Castaic Lake Water Agency, Santa Clarita, CA - Construction Inspector on multiple projects, including: • 2” to 42” PVC, ductile Iron, CMLC pipe and 4” to 30” clay pipe, as well as and 18” to 84’’ storm drainpipe. • Various pre-stressed concrete and steel reservoir projects from 5 to 10 million gallons. • Sandblasting and coating of steel reservoirs. • Various roadway improvements, public works, and new construction developments. • FEMA projects with multiple contractors doing point repairs, open cut trenches, spiral wound PVC liner, cure in place liners, cut and cover sewer rehabilitation. 35 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Randy Crowell | Sr. Construction Inspector Mr. Crowell is dependable, diligent and self- directed professional with a strong work ethic. He is knowledgeable of principles and practices of public utility service, and engineering and public works inspection and construction. Randy is a collaborative and pro-active leader, skilled at selecting, supervising, training, and evaluating staff. He is proficient at reading and interpreting district water plans and specifications. His experience includes completing department budgets, annual performance reviews, claims, and timecards. He is analytical and detail oriented - accomplished at identifying problems and developing solutions. Distribution 3 Water Treatment 2 Mechanical Technologist 2 Plant Maintenance 1 Crane Certified NACE Coating Inspector 1 AWWA Operator D2 Certification ACWA/JPIA Operations Certification Supervisor Basics Certification Risk Management Certification Human Resources Certification Water Management and Leadership Certification Program, California State University, San Marcos Contract Law 101; Project Management 101 Certification, Universal Class, Inc. Water Technology Certification, Palomar College OSHA Confined Space/Competent Person California Crane School Commercial Vehicle Safety Program Traffic Control & Flagger OSHA Trench Shoring Maintenance Welding Procedures Asbestos Training Welding Requirements & Safe Practices Plant Maintenance (Mechanical) Emergency Response to Fire and Chemical Spills Electrical Grounding and Bonding Negotiations Policy Development Leadership / Motivation Employee / Labor Relations OSHA / Regulatory Compliance Safety Standards / Safety Management Capital Improvement Projects Education/Certifications Areas of Expertise Similar Project Experience: Rancho California Water District, Temecula, CA - Mr. Crowell has more than 30 years of experience with the District and expertise as a Manager. Assignments include: Field Services Manager (10/2017 – 5/2022) Plans, implements, manages and coordinates the activities of the Field Services Construction Department including the construction and maintenance of District facilities, such as reservoirs, pump stations, pipeline (water, sewer, and recycled water), and related equipment. Oversees the Field Services Facilities Department which encompasses building and grounds, meter maintenance and repairs, and fleet services work centers. Responsibilities include organizational, budget, and personnel administration for the assigned functional areas of responsibility. • Deliver supervision, training, and annual performance reviews for full-time employees, as well as review 40 additional reviews. • Plan, organized, budgeted, and executed the replacement of internal mainline replacement projects resulting in improved assets within the distribution system. • Review and evaluate work methods, procedures, services, and products; identify and recommend evaluation standards and criteria; monitor and assess measures of effectiveness and efficiency • Manage the preventive and corrective maintenance of Districts’ facilities including potable, reclaimed and raw water pipelines and related appurtenances. • Develop and recommend the department’s budget; participate in monitoring appropriations and expenditures; allocate required work hours, recommend midyear adjustments as necessary • Plan, schedule, and manage maintenance and construction projects and communicate status to division director and fellow division managers. • Evaluate operational and administrative problems and formulate effective strategies and solutions. Construction Inspector Supervisor (06/2015 – 10/2017) Perform comprehensive inspection of new construction and repairs of water lines, pump stations, and reservoirs, with oversight for up to $11 million in new construction projects. Provide supervisory inspections, guidance and assist in problem resolution for two inspectors (Senior Inspector and Inspector II). Complete daily reports and conduct monthly safety tailgate and progress payment meetings. Ensure all work is done accurately, safely, and in compliance with company guidelines and governmental regulations. • Deliver supervision, training, and annual performance reviews for temporary and full-time employees. • Helped developed a procedure for coating interior reservoirs to improve employee safety which eliminated the need to be inside the reservoirs. • Led the transition from legacy paper systems to computerized forms to improve accuracy and efficiency in the inspection department. • Attend meetings for the City of Temecula and City of Murrieta as a representative of the Rancho California Water District to discuss RCWD interests in projects during the pre-construction phase. • Serve as one of the On-Call managers to respond to emergencies. Inspector I (05/2007 – 11/2007) Inspector II (11/2007 – 03/2009) Senior Inspector (03/2009– 06/2015) Service Worker I (10/1991) Service Worker ll (07/1994 - 07/2003) Service Worker lll (07/2003 – 05/2007) 36 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Garrett Scott | Sr. Construction Inspector Mr. Scott brings more than 20 years of experience in the commercial, residential, infrastructure, and roadway construction industry. He completed numerous hours of OSHA compliance training, construction safety training, and confined space training and certifications. His industry tenure includes land development inspections, including oversight of HMA and PCC paving, witnessing materials testing, utility coordination, daily review of plans and specifications, and verifying work within issued permits as well as daily documentation of work performed. Garrett also served as survey chainman for three years, in charge of stake-out, plan review, and design surveys for commercial, residential, and various city and state infrastructure projects. He has experience in extensive and accurate record- keeping involving both written and photo documentation, as well as daily interaction with superintendents and construction foremen to maintain open and proactive project communication. California SWRCB Grade 1 Plant Operator Exam Class A CDL with endorsements Confined Space Trained and Certified OSHA 30-hour Construction Safety OSHA Regulatory Compliance Job Management Quality Control Employee Management and Safety Mechanical Aptitude Education Areas of Expertise Similar Project Experience: Ontario International Airport, Ontario, CA - Inspector for new underground storm drain retention system project. Installed 8 individual underground retention systems in the infields between the runways and connected those individual systems to the existing storm drain for the airport. Each system consisted of 500 feet of 60” perforated pipe at an average depth of 25 feet backfilled with 1” rock with a filter fabric overlay. Constructed new storm drain inlets along with RCP laterals to existing storm drain lines. San Manuel Landing 1.1 Million SF Warehouse, City of San Bernardino, CA - NPDES and Land Development inspector responsible for inspections for storm water control and management including implementation of SWPPP plan and related permits. Land development daily inspections of underground utilities, grading and compaction as well as soils reports and pad certifications. Daily inspections during site over x for compaction and soils testing. Large underground storm drain retention system install. Inspection of final grading and underground wet utilities. Hillwood Gateway 7, 8, & 9, City of San Bernardino, CA - NPDES and Land Development inspector responsible for inspections for storm water control and management including implementation of SWPPP plan and related permits. Land development daily inspections of underground utilities, grading and compaction as well as soils reports and pad certifications. Three tilt up warehouses totaling over 2 million sf of space. Daily inspections of install of 72” RCP storm drain line with tie-ins to existing city storm drain. Inspections of over x and soils reports along with pad certification. Daily inspections of underground wet utilities as well as inspection of underground storm water retention system. Costco San Bernardino New Gas Station & Parking Lot, City of San Bernardino, CA - NPDES and Land Development inspector responsible for inspections for storm water control and management including implementation of SWPPP plan and related permits. Land development daily inspections of underground utilities, grading and compaction as well as soils reports and pad certifications. Inspections of underground retention systems and wet utilities. Daily inspections of new parking lot subgrade verifying compaction and proper flow lines prior to HMA placement. Curb and gutter form inspections prior to PCC placement. GFR Housing Tract Phase 1 & 2, 150 SFR with 60 ADUs, City of San Bernardino, CA - NPDES and Land Development inspector responsible for inspections for storm water control and management including implementation of SWPPP plan and related permits. Land development daily inspections of underground utilities, grading and compaction as well as soils reports and pad certifications. Daily inspections of site over x and soils reports for compaction and pad certification. Inspections of all underground wet utilities along with storm drain and sewer laterals to existing storm drain and sewer. Daily implementation of SWPPP plan and NPDES regulations. Pro Craft Construction, Redlands, CA - Shipping and materials manager responsible for shipment and delivery of underground wet utility pipe and supplies for over 40 new construction sites throughout Southern California. Daily coordination with site foreman to establish needed materials and planning of future deliveries. Specialized in new school construction and existing school renovations with install of copper, waste water and storm drain pipe along with med gas and fire sprinkler piping. Waste Water Systems Management - Job foreman traveling throughout California completing service contracts for city and county waste water treatment plants. Contracts required pumping and dewatering of solids from digesters, aeration basins and sludge ponds. Daily work required assembly and maintenance of specialized pumps and piping in order to complete the service contract along with close communication with plant operations and personnel to ensure daily operations were not affected. 37 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Mr. Alvarez joined the ERSC team in 2019 and has since been the prime construction inspector for the City of Burbank and Banning. Mr. Alvarez has been in the construction field for 33 years, bringing insight from hundreds of public works projects as a foreman, superintendent and inspector. Other inspection assignments have included construction management, supervision and inspection of various street and underground improvements within public right-of-ways, underground facilities, mass grading operations, water, sewer and storm drain facilities, pile foundations and bridge work, lighting and electrical equipment as well as landscaping and irrigation work when needed. Foreman Superintendent Quality Control Inspection Heavy Equipment Operator Areas of Expertise OSHA 30 TWIC Exp. 01/29/2022 Advanced First Aid and CPR Traffic Signal Inspector IMSA City Inspection/Public Works Certificate, University of California Riverside Similar Project Experience: On-Call Construction Inspection Services, City of Banning, Banning, CA - Sr. Construction Inspector in oversight of construction activities for street, sewer, water, grading, and storm drain projects and their related improvements in the City of Banning. Since 2018 ERSC has completed over 430 individual assignments in the City. This is inclusive of the 4,000-unit Atwell development, for which ERSC has been in oversight all grading and improvement construction activities related to the project. Mark was responsible for inspection of the following in the City of Banning: In-Tract Sewer, Water, Storm Drain, and Street Improvements for: • TM38398-5 PA5 • TM37389-3 PA10 • TM37365 PA4 • TM37474 PA3 • TM37298-3 PA1B • TM37298 PA2A • TM37298-2 PA1A • TM37390 PA8A, 8B, PA24 Park • TM37390-2 PA7 • TM37390-1 PA6, PA22 Park, PA23 Open Space, PA25 Open Space • TM 37389-2 PA11 Signing, Striping, and Traffic Signal Improvements for: • TM37298-1 Apex Street at Wilson Street • Highland Home Road at Meadowline Way Highland Home Traffic Signal Improvements, City of Banning, CA - Sr. Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. ERSC’s team provided inspection services during the construction of new Traffic Signals and related improvements in the City of Banning. Highland Home Road located at the southwestern entry to Tripointe Homes’ Atwell project is a new arterial street supporting the new residents of the residential development. A traffic signal was necessary at the intersection at Wilson Street, a major arterial. ERSC inspectors provided inspection throughout the construction of the Traffic Signal and its related improvments including widening of Wilson, ADA/Pedestrian Improvements, Signing and Striping, and landscape improvements. On-Call Construction Inspection, City of Highland, CA - Sr. Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. ERSC provides contract inspection services for the construction of public works and privately funded improvements, including street improvements, paving, sidewalk, curb, gutter, grading, and earthwork. Work also included site review for compliance with City standards and traffic control requirements. Sector D Pavement Rehab Design and Construction Management Services, City of Highland, CA - Sr. Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. Work included pavement rehabilitation and ADA ramp and needed drainage repairs. Rehabilitation of the streets included overlay with removal and replacement or dig outs of severely distressed areas. Provision for removal and replacement of soft and/or wet areas where encountered was also included in the specifications and bid schedule. FY 2016/17 and FY 17/18 CDBG Pavement Rehab Design and Construction Management Services, City of Highland, CA - Sr. Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. The project included rehabilitation included repair of severely distressed areas by removal and replacement, crack repair/seal and bump grind, edge repair, header cut and cold planing, repair of drainage issues that would compromise new paving, repair of soft or wet subgrade, and HMA overlay. Sectors B, C, D, and E Pavement Projects Design and Construction Management Services, City of Highland, CA - Sr. Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. Project Engineer and Assistant Construction Manager responsible for contract administration, progress meetings, material/RFI submittals, correspondence, labor compliance, and progress payment review. The projects included pavement preventative maintenance by bump grind, crack seal, slurry seal, and scrub seal of collector and local streets throughout the City and maintenance of City parking lots. Mark Alvarez | Sr. Construction Inspector 38 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 BS 1428 – SR-134 Corridor Arterial Signal Improvements, City of Burbank, CA - Provided inspection/observation for the modification of seven traffic signal systems and appurtenances as well as coordination with Burbank Water and Power for overhead wiring considerations. Signing and striping, sidewalk construction and related ITS equipment installation are a part of the project. As our Lead Inspector he provided coordination between the Contractor, the City, other agencies, consultants, utility companies, the public, adjacent property owners and other stakeholders. Bid Schedule 1462 Construction Services, City of Burbank, CA - Sr. Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. ERSC provided full time inspection and construction management services during the construction phases of the project. This project was funded by Los Angeles County Proposition C and Local Transportation funds. The project will reconstruct 6 traffic signals (cabinet, poles, conduit, pull boxes, boxes, and wiring), remove and replace poles at 8 traffic signals, and install LED lighting and loop detector conduit at 29 traffic signal Chakemco Street Improvements, City of South Gate, CA - Sr. Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. ERSC was contracted by the City of South Gate to provide construction management and inspection services for the project designed to improve Chakemco Street by adding sidewalks, curbs, gutters, ADA ramps, drive approaches, landscaping, irrigation, new street pavement, striping, lighting, and miscellaneous additions to improve the overall pedestrian mobility and safety. ERSC inspectors are acting as an extension of City staff and ensuring that projects are constructed in accordance with contract documents, proper building standards, SSPWC Greenbook, Caltrans, and current City Standards. ERSC inspectors provide immediate resolution of construction issues, and clarification of items of concern to reduce or eliminate change order request/demand from the Contractor. South Gate Park Infrastructure Improvements (Area 5 Picnic Area), City Project No. 488-PRK, City of South Gate, CA - Sr. Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. The project included conversion of an existing Roller Hockey rink into a group picnic area. The park improvements were located near the northwest corner of South Gate Park, near the intersection of Southern Avenue and Hildreth Avenue, at the roller court facility. Work included construction/installation of concrete fatwork, decomposed granite paving, seat wall, tree planters, landscaping, picnic structures, and park furniture. Work also included drinking fountain and water service improvements, lighting, and all removals necessary in the conversion of a Roller Rink to a picnic area. Citywide Sidewalk Improvement, Phase Ill City Project No. S27-ST, City of South Gate, CA - Sr. Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. The project removed and replaced sidewalk, curb, gutter, driveway approaches, and ADA ramps. The work took place primarily in the Western Portion of the City. Approximately 23,000 square feet of sidewalk, 500 feet of curb and gutter, and 1,300 feet of curb were removed and replaced. The project was a HUD Activity and therefore included strict adherence to federal reporting. The project also required special attention to communication with afected residents and the public due to the removal of driveway approaches, ADA ramps, and sidewalk. ADA Sidewalk Improvements at Hollydale Park, City Project No. 535-PRK, City of South Gate, CA - Sr. Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. The project included earthwork and grading, construction of a decomposed granite walking trail, concrete sidewalk, and concrete ADA ramps. The work was completed in Hollydale Park near Century Blvd. This project was a HUD Activity and therefore included strict adherence to federal reporting. Citywide Sidewalk Improvements, Phase IV City Project No. 542-ST, City of South Gate, CA - Sr. Inspector responsible for daily project oversight for conformance to contract documents, agency requirements, permit compliance, and job safety. The project removed and reconstructed sidewalk, curb, gutter, driveway approaches, and ADA ramps. Hardy & Harper, Inc. - Public Works Foreman / Superintendent accountable for all Trades and Subcontractors on city contracted street rehabilitation projects. Including Asphalt Paving and quantities, Traffic Control, Concrete quantities, Demolition, Trucking and Dump sites, Quality Control Inspection throughout Company. Matich Corporation - Public Works Foreman responsible for street rehabilitation projects. Grading, Paving, Traffic Control, Material Quantities and the supervision of all operators, equipment, laborers and tools throughout city projects. Veolia Transportation Maintenance & Infrastructure Inc. - Metrolink project Perris Valley Line. Foreman responsible for all finish elevations of new main line. Also operated all railroad heavy equipment. C.C. Myers, Inc. - Foreman / Superintendent, 57 Freeway Project. Responsible for managing all Grading and Paving operations on work site. Worked with Project Managers and Caltrans Inspectors on schedules and material quantities as needed. Panorama General Engineering - Foreman / Superintendent responsible for grading, paving and public works projects. Worked as a heavy equipment operator. Managed and scheduled subcontractors and material on job sites. Mark Alvarez | Sr. Construction Inspector 39 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Aragon Geotechnical, Inc. | Geotechnical Engineering C. FERNANDO ARAGÓN, M.S., P.E., G.E. CIVIL ENGINEER, GEOTECHNICAL ENGINEER 16801 Van Buren Blvd., Bldg. B Riverside, CA 92504 TTeell:: 951.776.0345 ● FFaaxx:: 951.776.0395 www.aragongeo.com EDUCATION • Loyola Marymount University of Los Angeles, B.S., Civil Engineering • University of California, Berkeley, M.S., Civil Engineering with emphasis in Geo Engineering PROFESSIONAL REGISTRATIONS • Registered Civil Engineer, California, No. 72277 [Exp. 6/30/20] • Registered Geotechnical Engineer, California, No. 2994 [Exp. 6/30/20] • California Department of Transportation, Certificate of Proficiency, Expires: 9/2019 • Governor’s Office of Emergency Services – Disaster Services Worker – Volunteer PROFESSIONAL AFFILIATIONS AND HONORS • American Society of Civil Engineers • ASTM International – Participating Member • Member of Tau Beta Pi National Engineering Honor Society • Member of Chi Epsilon National Civil Engineering Honor Society • Association of Drilled Shaft Contractors (ADSC), The International Association of Foundation Drilling, 2004-2005 graduate student scholarship recipient • University of California at Berkeley, 2004-2005 graduate fellowship PROFESSIONAL HISTORY 1997-Present: Aragón Geotechnical Inc., Riverside, California; Soils Technician (Laboratory and Field) to Engineering Assistant, Staff Engineer, Project Engineer to President. 5/2002-8/2002: Kiewit Pacific Company, Santa Fe Springs, California; Engineering Field Intern. 1996-1997: Aragón Geotechnical Consultants, Inc., Riverside and Lake Arrowhead, California; Engineering Assistant; Soils Technician (Laboratory and Field.) 40 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 ATTACHMENT “A” SIGNATURE AUTHORIZATION NAME OF COMPANY(RESPONDER): BUSINESS ADDRESS: TELEPHONE: CELL PHONE FAX CONTACT PERSON EMAIL ADDRESS A.I hereby certify that I have the authority to submit this Request for Qualifications to the City of Palm Springs for the above-listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my Request for Qualifications. PRINTED NAME AND TITLE SIGNATURE AND DATE B.The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: An individual; A partnership, Partners’ names: A company; A corporation If a corporation, organized in the state of: 2. My tax identification number is: Please check below IF your firm qualifies as a Local Business as defined in the RFQ: A Local Business (licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFQ is required by including the acknowledgment with your Request for Qualifications. Failure to acknowledge the Addenda issued may result in your Request for Qualifications being deemed non- responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s) # is/are hereby acknowledged. Engineering Resources of Southern California, Inc. 1861 W. Redlands Blvd., Redlands, CA 92373 (909) 890-1255 John M. Brudin, PE, President info@erscinc.com John M. Brudin, PE, President April 22, 2025 California 33-0718153 1 41 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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. ERSC is a local vendor that maintains an office in the Coachella Valley. Our local address is:77564 Country Club Dr., Suite 128Palm Desert, CA 92211 ERSC also maintains a current business license with the City of Palm Springs. 42 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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: President Engineering Resources of Southern California, Inc. John M. Brudin, PE, President April 22, 2025 43 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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) Engineering Resources of Southern California, Inc. John M. Brudin, PE, President April 22, 2025 44 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 ATTACHMENT “E” PUBLIC INTEGRITY DISCLOSURE Who Must File? Applicants that are NOT a natural person or group of natural people that will be identified on the application and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions. Why Must I File? The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney. Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:  the owner/investor and the official have done business together during the year prior to the application;  the official has earned income from the owner/investor during the year prior to the filing of the application;  the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or  the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor’s interest in the applicant entity, in relation to the application’s outcome. When Must I File? You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed. What Must I Disclose?  The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).  Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).  The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant’s application, or with the City Manager or City Attorney. Penalties: Falsification of information or failure to report information required to be reported may subject you to administrative action by the City. There are some additional supplementary instructions with an example following the form should you need further clarification. 45 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 Engineering Resources of Southern California, Inc. 1861 W. Redlands Blvd., Redlands, CA 92373 77-564 Country Club Drive, Suite 128, Palm Desert, CA 92211 California John M. Brudin, PE, President Moe Ahmadi, PE, Vice President Trenton Brudin, PE, Secretary 1861 W Redlands Blvd., Redlands, CA 92373 77-564 Country Club Dr., STE 128., Palm Desert, CA 92211 46 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 Engineering Resources of Southern California, Inc. 1861 W. Redlands Blvd., Redlands, CA 92373 77-564 Country Club Drive, Suite 128, Palm Desert, CA 92211 California Craig Brudin, Treasurer 1861 W Redlands Blvd., Redlands, CA 92373 77-564 Country Club Dr., STE 128., Palm Desert, CA 92211 47 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 65%John M. Brudin, PE Moe Ahmadi, PE 15% Trent Brudin, PE 10% Craig Brudin, QSP 10% John M. Brudin, PE, President April 25, 2022 48 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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: City of Banning 99 E. Ramsey StreetBanning, CA 92220 (951) 922-3100 Art Vela, PE - Public Works Director/Electric Utility Director avela@banningca.gov 2018 - On-Going $4.3M (to date) On-Call Plan Check & Inspection Services Riverside Highland Water Company Don Hough, General Manager 12374 Michigan St., Grand Terrace, CA 92313 (909) 825-4128 dhough@rhwco.com Professional Civil Engineering and Construction Inspection Services 1999 - Ongoing $1M (to date) City of Rialto Vince Giron, Engineering Manager 150 S. Palm AvenueRialto, CA 92376 (909) 820-2525 vgiron@rialtoca.gov 2003 - Ongoing $450,000 (to date) On-Call Development Plan Check and Professional Civil Engineering Services 49 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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: John M. Brudin, PE President Engineering Resources of Southern California, Inc. April 22, 2025 50 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 51Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 52Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 EXHIBIT “D” FEE SCHEDULE Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/3/2025 Cavignac 451 A Street,Suite 1800 San Diego CA 92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property Casualty Company of America 25674 ENGIRES-01 Hartford Casualty Insurance Co 29424EngineeringResourcesofSouthernCalifornia,Inc. 1861 W.Redlands Blvd,Bldg 7B Redlands CA 92373 Berkley Insurance Company 32603 105384619 A X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X X Y 6802H222963 9/1/2024 9/1/2025 2,000,000 Deductible 0 A 1,000,000 X Y BA2S03978A 9/1/2024 9/1/2025 B XY72WEGGG63719/1/2024 9/1/2025 1,000,000 1,000,000 1,000,000 C Professional Liability AEC908006405 9/1/2024 9/1/2025 Each Claim Aggregate $5,000,000 $5,000,000 Additional Insured coverage applies to General Liability and Automobile Liability for The City of Palm Springs,its officials,employees,and agents per policy form.Primary coverage applies to General Liability and Automobile Liability per policy form.Waiver of subrogation applies to Workers Compensation per policy form.Professional Liability -Claims made form,defense costs included within limit.If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium they will provide 30 days notice of such cancellation or nonrenewal. City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs CA 92262 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Policy #BA2S03978A Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       Policy #BA2S03978A Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Policy #BA2S03978A Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936                                                                                                      Policy #BA2S03978A Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 '311)6'-%0+)2)6%00-%&-0-8= 4EKISJ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F6IKEVHMRK[IFWMXIWSRP]XLEXTEVXSJE[IFWMXI XLEX MWEFSYX ]SYVKSSHWTVSHYGXWSVWIVZMGIW JSV XLI TYVTSWIW SJ EXXVEGXMRK GYWXSQIVW SV WYTTSVXIVWMWGSRWMHIVIHEREHZIVXMWIQIRX 1PMJDZ/VNCFS) Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 '+(4EKISJ -RGPYHIWGST]VMKLXIHQEXIVMEPSJ-RWYVERGI7IVZMGIW3JJMGI-RG[MXLMXWTIVQMWWMSR 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z0-1-873* -2796%2') *SV XLI TYVTSWIW SJ HIXIVQMRMRK XLI 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XS XLI TVSJIWWMSREP WIVZMGIW I\GPYWMSRSJ'SZIVEKI%SV'SZIVEKI& 1 &0%2/)8 ;%-:)6 3* 79&63+%8-32 z ;,)2 6)59-6)( &= ;6-88)2 '3286%'8 36%+6))1)28 8LIJSPPS[MRKMWEHHIHXS4EVEKVETL8VERWJIV 3J6MKLXW3J6IGSZIV]%KEMRWX3XLIVW8S 9W  SJ7)'8-32 -: z '311)6'-%0 +)2)6%0 0-%&-0-8='32(-8-327  -JXLIMRWYVIHLEWEKVIIHMRE[VMXXIRGSRXVEGXSV EKVIIQIRX XS [EMZI XLEX MRWYVIH W VMKLX SJ VIGSZIV]EKEMRWXER]TIVWSRSVSVKERM^EXMSR[I [EMZISYVVMKLXSJVIGSZIV]EKEMRWXWYGLTIVWSR SVSVKERM^EXMSRFYXSRP]JSVTE]QIRXW[IQEOI FIGEYWISJ E&SHMP] MRNYV] SV TVSTIVX] HEQEKI XLEX SGGYVWSV F4IVWSREPERHEHZIVXMWMRKMRNYV]GEYWIHF] ERSJJIRWIXLEXMWGSQQMXXIH WYFWIUYIRX XS XLI WMKRMRK SJ XLEX GSRXVEGX SV EKVIIQIRX 1PMJDZ/VNCFS)Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 09/01/2024 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:07/23/24 Policy Expiration Date:09/01/25 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:72 WEG GG6371 Endorsement Number: Effective Date:09/01/24 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA INC 1861 W REDLANDS BLVD BLDG 7B REDLANDS CA 92373 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 CITY COUNCIL STAFF REPORT DATE: MAY 28, 2025 CONSENT CALENDAR SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH DUDEK, A CALIFORNIA CORPORATION; ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, A CALIFORNIA CORPORATION; BERG & ASSOCIATES, INC., A CALIFORNIA CORPORATION; NV5, INC., A CALIFORNIA CORPORATION; AND SOUTHSTAR ENGINEERING & CONSULTING, INC., A CALIFORNIA CORPORATION, FOR ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION 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 construction management and inspection services for a variety of public works projects. A total of five firms have been selected to provide on-call services. RECOMMENDATION: 1) Approve Professional Services Agreement No. _____ with Dudek, a California corporation, to provide “On-call” Construction Management & Inspection 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 $3,000,000; 2) Approve Professional Services Agreement No. _____ with Engineering Resources of Southern California, Inc., a California corporation, to provide “On-call” Construction Management & Inspection 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 $3,000,000; 3) Approve Professional Services Agreement No. _____ with Berg & Associates, a California corporation, to provide “On-call” Construction Management & Inspection 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 $3,000,000; 4) Approve Professional Services Agreement No. _____ with NV5, Inc., a California corporation, to provide “On-call” Construction Management & Inspection services Item 1H - Page 1 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 $3,000,000; 5) Approve Professional Services Agreement No. _____ with Southstar Engineering & Consulting, a California corporation, to provide “On-call” Construction Management & Inspection 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 $3,000,000; and 6) Authorize the City Manager or designee to execute all necessary Agreements and execute all task orders that fall under the Agreement value. 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 Engineering Services Department requires as-needed, On-Call Construction Management & Inspection Services for a variety of future capital improvement projects. The full extent of required professional services is not known at the present time; however, the Department generally anticipates the ongoing need for construction management and inspection services for various budgeted projects. Currently, the City has four on-call construction management and inspection firms available to perform services for the City’s various projects: • Dudek, Inc. • Berg & Associates (Berg) • NV5 • Southstar Engineering & Consulting (Southstar) 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. Since the four firms are in the final months of their contracts with the City, Staff solicited a Request for Qualifications (RFQ) under “CM&I RFQ 2025” for On-Call Construction Management & Inspection Services. By requesting RFQ’s periodically, the City positions itself to work with the most qualified firms and the use of competitive pricing. The RFQ was written to ensure that the selected firms have demonstrated successful experience and capacity to provide construction management & inspection services to a municipal government agency for the types of projects anticipated to be undertaken in the years to come. Item 1H - Page 2 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 STAFF ANALYSIS: On March 24, 2025, the RFQ for “On-Call” Construction Management & Inspection Services was posted through the City’s on-line bid management system PlanetBidsTM. By the April 22, 2025 deadline, a total of eighteen (18) proposals were received as shown in Table 1 below: Table 1 No. Firm Location Status 1 Dudek La Quinta, CA Selected 2 Engineering Resources of Southern California Redlands, CA Selected 3 Berg & Associates, Inc. San Pedro, CA Selected 4 NV5, Inc. Palm Desert, CA Selected 5 Southstar Engineering & Consulting, Inc. Riverside, CA Selected 6 TKE Engineering, Inc. Palm Desert, CA Not Selected 7 Z&K Consultants, Inc. Riverside, CA Not Selected 8 Accenture Infrastructure and Capital Projects, LLC Palm Desert, CA Not Selected 9 Transtech Engineers, Inc. Chino, CA Not Selected 10 Qvadrant Consulting, Inc. Palm Desert, CA Not Selected 11 Willdan Engineering Anaheim, CA Not Selected 12 Albert A. Webb Associates Riverside, CA Not Selected 13 CSG Consultants, Inc. Orange, CA Not Selected 14 MAARS Services, Inc. Fullerton, CA Not Selected 15 Interwest Consulting Group San Jacinto, CA Not Selected 16 4Leaf, Inc. Fair Oaks, CA Not Selected 17 MCK Americas El Segundo, CA Not Selected 18 CFI Tulsa, OK Not Selected As part of the scoring criteria, local firms were given local preference by applying five percent of the available points to their score sheet, per the current procurement ordinance. Following a review of the proposals by a selection committee, the top five ranking 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. 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 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: Item 1H - Page 3 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 $3,000,000. 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 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 dependent upon the number and type of projects assigned to the various firms. The 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. Item 1H - Page 4 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 1H - Page 5 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Attachment A Item 1H - Page 6 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity 2. Address of Entity (Principal Place of Business) 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 Dudek 6 05 Third Street, Encinitas, CA 92024 Michael McGrattan, CIOAmy Paul, General COunsel, Secretary California Joseph Monaco, President and CEO Eric Wilson, COOHelder Guimaraes, CFO/Treasurer 3. Local or California Address (if different than #2) 78-075 Main Street, Suite G-203, La Quinta, CA 92253 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 100%ESOP Joseph Monaco, President and CEO April 22, 2025 Item 1H - Page 8 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 Engineering Resources of Southern California, Inc. 1861 W. Redlands Blvd., Redlands, CA 92373 77-564 Country Club Drive, Suite 128, Palm Desert, CA 92211 California John M. Brudin, PE, President Moe Ahmadi, PE, Vice President Trenton Brudin, PE, Secretary 1861 W Redlands Blvd., Redlands, CA 92373 77-564 Country Club Dr., STE 128., Palm Desert, CA 92211 Item 1H - Page 9 ✓ ✓ ✓ ✓ Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 Engineering Resources of Southern California, Inc. 1861 W. Redlands Blvd., Redlands, CA 92373 77-564 Country Club Drive, Suite 128, Palm Desert, CA 92211 California Craig Brudin, Treasurer 1861 W Redlands Blvd., Redlands, CA 92373 77-564 Country Club Dr., STE 128., Palm Desert, CA 92211 Item 1H - Page 10 ✓ ✓ ✓ ✓ Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 65%John M. Brudin, PE Moe Ahmadi, PE 15% Trent Brudin, PE 10% Craig Brudin, QSP 10% John M. Brudin, PE, President April 25, 2022 Item 1H - Page 11~ Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 Berg & Associates, Inc. 302 West 5th St, Suite 210, San Pedro, CA. 90731 California Item 1H - Page 12 ✓ ✓ ✓ ✓ Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 Deborah Berg 100%, Berg & Assocaites, Inc. Vice President 04.22.25 Item 1H - Page 13 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 E. PUBLIC INTEGRITY BUSINESS DISCLOSURE 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 NV5, Inc. 200 South Park Road, Suite 350, Hollywood, FL 33021 42829 Cook Street, Suite 104, Palm Desert, CA 92211 X X XDickerson Wright Richard Tong XX Alexander Hockman XX California City of Palm Springs | On-Call Construction Management & Inspection Services NV5 | A5Item 1H - Page 14 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 E. PUBLIC INTEGRITY BUSINESS DISCLOSURE 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 NV5 Global, Inc.100%, NV5 Global Inc. Jeffrey M. Cooper Executive Vice President/COO 4/18/25 City of Palm Springs | On-Call Construction Management & Inspection Services NV5 | A6Item 1H - Page 15 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Section e: FormS Southstar | DCCM | Response to City of Palm Springs, CM&I RFQ 2025 | April 22, 2025 viii 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 Southstar Engineering & Consulting, Inc. (Southstar | DCCM) 1945 Chicago Ave Unit C-2 Riverside, CA 92507 1945 Chicago Ave Unit C-2 Riverside, CA 92507 California Yvette Kirrin, PE - President Jason Bennecke, PE, MBA, PMP - CEO Amr Abuelhassan, PE, MS, QSD - COO Item 1H - Page 16 -1 - -- ~ ✓ ✓ ' - ✓ - ✓ - I_ _J Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Section e: FormS Southstar | DCCM | Response to City of Palm Springs, CM&I RFQ 2025 | April 22, 2025 ix 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. [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 Amr Abuelhassan, PE, MS, QSD - COO DATE 04-22-25 DCCM North America, LLC 100% N/A - Southstar has no persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant’s application, or with the City Manager or City Attorney. Item 1H - Page 17 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 Attachment B Item 1H - Page 18 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT ON-CALL xxxxxxxxxxxxxx SERVICES (SAMPLE AGREEMENT – INTENTIONALLY INCOMPLETE) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this _____ day of _____________, 2025, 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” xxxxxxxxxx Services for a variety of future xxxxxxxxxxx projects, (hereinafter the “Project”). B. Consultant has submitted to City a proposal to provide As-Needed, “On-Call” xxxxxxxxxxxxxx Services for a variety of future xxxxxxxxxxxx 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 represents and warrants that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated herein and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”); (5) Fee Schedule; and (5) the Task Order (as defined herein) (collectively referred to as the “Contract Documents”). The City’s Request Item 1H - Page 19 - Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 for Proposals and the Consultant’s Proposal, which is attached as Exhibits “B” and “C” respectively, is 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 warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Item 1H - Page 20 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 Item 1H - Page 21 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 Item 1H - Page 22 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 continue in full force and effect for three (3) years from the effective date of this Agreement. 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 City Manager of City and is subject to change by the City Manager. It shall be the Consultant's Item 1H - Page 23 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 liability against City, or bind City in any manner. Item 1H - Page 24 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 Item 1H - Page 25 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement. (2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subconsultants, if any, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property Item 1H - Page 26 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 Item 1H - Page 27 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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. 5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized Item 1H - Page 28 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including Item 1H - Page 29 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 but not limited to Claims arising from injuries to or death of persons (Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this 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 1H - Page 30 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 immediately cease all Services except such as may be specifically approved by the Contract Officer. Item 1H - Page 31 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 1H - Page 32 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Item 1H - Page 33 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 1H - Page 34 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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 “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON FOLLOWING PAGE] Item 1H - Page 35 Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936 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. CONTRACTOR: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: _______ Item No. APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Item 1H - Page 36 -- Docusign Envelope ID: 54BA7017-A3BD-4977-8100-F12FF7276936