Amendment Request
ATTACHMENT B
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(BB&K 2024)
AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT
A9141 BETWEEN THE CITY OF PALM SPRINGS
AND MWH CONSTRUCTORS, INC.
1. Parties and Date.
This Amendment No. 5 to the Professional Services Agreement A9141 is made and entered into as of this 14
th day of January, 2026 by and between the City of Palm Springs , a California charter city and municipal corporation (“City”), and MWH Constructors, Inc. , a Delaware corporation, (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. City and Consultant entered into an agreement titled “ Professional Services Agreement WWTP Digester No. 2, Waste Gas Flare and Filtrate Pump Station Improvements Project, City Project No. 20 -25 and No. 21 -07” dated June 21, 2022 (“Agreement”), for the purpose of retaining the services of Consultant to provide construction management, inspection and testing services for an amount of $1,246,123.14.
2.2 Amendment No. 1. City and Consultant entered into Amendment No. 1 dated November 14, 2022, to provide for additional geotechnical testing services.
2.3 Amendment No. 2. City and Consultant entered into Amendment No. 2 dated February 2, 2024 to provide for additional construction management and inspection services.
2.4 Amendment No. 3. City and Consultant entered into Amendment No. 3 dated July 9, 2024 to provide for additional construction management and inspection services for the modifications, design, and construction of the Ferrous Chloride Dosing System.
2.5 Amendment No. 4. City and Consultant entered into Amendment No. 4 dated May 28, 2025 to provide for additional construction management and inspection services for the modifications, design, and construction of the Ferrous Chloride Dosing System and South Coast Air Quality Management District construction permitting and extend the term of the Agreement.
2.6 Amendment No. 5 Purpose. City and Consultant now desire to amend the Agreement to provide for additional construction management and inspection services and extend the term of the Agreement.
2.6 Amendment Authority. This Amendment No. 5 is authorized pursuant to Section 1.8 Additional Services of the Agreement.
3. Terms.
3.1 Scope of Services. Section 1.1 of the Agreement is hereby amended to read as follows:
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“Exhibit “A” is hereby revised by incorporating the additional professional services outlined in the Consultant’s letter entitled “AMENDMENT NO. 5” , attached hereto and incorporated herein by reference.”
3.2 Maximum Contract Amount . Section 2.1 of the Agreement is her eby amended to read as follows:
“The Maximum Contract Amount is increased by $18,340 to a Maximum Contract Amount of $2,071,412.14.”
3.3 Term. Delete Section 3.4 of the Agreement i n its entirety and replace with the following:
“Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect commencing on July 11, 2022 and ending on March 31, 2026, unless extended by mutual written agreement of the Parties.”
3.4 Continuing Effect of Agreement . Except as amended by this Amendment No. 5, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 5. From and after the date of this Amendment No. 5, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 5.
3.5 Adequate Consideration . The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 5.
3.6 Severability. If any portion of this Amendment No. 5 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7 Counterparts. This Amendment No. 5 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT A9141 BY AND BETWEEN THE CITY OF PALM SPRINGS AND MWH CONSTRUCTORS, INC.
IN WITNESS WHEREOF, the Parties have executed this A mendment as of the dates stated below.
MWH CONSTRUCTORS, INC.:
By: ____________________________ By: ______________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: ____________ Item No. ____
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
MWH Constructors, Inc.
391 N. Main St., #110
Corona, CA 92878
AMENDMENT NO. 5
Professional Services Agreement A9141
Digester No. 2 Project – Construction Management & Inspection Support City of Palm Springs
1. Purpose of Amendment
Amendment No. 5 is requested to provide continued Construction Management (CM) and inspection services for the Digester No. 2 project (PSA A9141) through March 2026. Current contract funds will be fully exhausted at the end of October 2025, and the project duration has extended beyond the forecast used for Amendment No. 4 due to permitting delays, design coordination, Gas Holder–related changes, and SCADA integration requirements. The contractor’s latest schedule (data date September 1, 2025) shows a Contract Completion date of January 26, 2026. The system startup timeline remains TBD pending Gas Holder integration and coordination.
2. Scope of Services Included in Amendment No. 5
MWH will continue to provide CM and inspection support from November 2025 through March 2026, including:
• C
onstruction Management Services:
• Oversight of remaining construction activities associated with Digester No. 2 and Gas Holder–related changes
• Coordination and monitoring of SCADA integration work • Review of contractor submittals, RFIs, and field directives • Review and processing of the contractor’s upcoming Time Impact Analysis (TIA) • Attendance at progress and technical coordination meetings • Project controls support, including schedule monitoring and pay application review • Inspection Services:
• Field inspection for Gas Holder–related installation modifications • Inspection of SCADA and electrical integration work
• Mechanical system testing and verification
• Punch list verification and corrective work documentation • Daily Inspection Reports and Procore documentation
• Closeout Support:
• Review of O&M manuals, training documentation, and as-builts • Final inspection and punch list verification
• Participation in startup/commissioning coordination once Gas Holder timeline is confirmed MWH Constructors, Inc.
391 N. Main St., #110
Corona, CA 92878
3. Level of Effort and Fee
The total amendment amount is $18,340, allocated as follows:
• Construction Manager (70% allocation): $12,838 at $197/hr (≈65.2 hours) • Inspector (30% allocation): $5,502 at $180/hr (≈30.6 hours) Total Not-to-Exceed Amount: $18,340
4. Contract Time
Amendment #5 will extend MWH’s period of performance through March 31, 2026.
5. Justification
This amendment is required to ensure uninterrupted CM and inspection coverage through the extended construction period. Without Amendment No. 6, MWH services will conclude at the end of October 2025, resulting in a gap in oversight for critical remaining work, including Gas Holder coordination, SCADA integration, system startup (TBD), and project closeout.
Sincerely,
Michael Dietrick, CCM, RCI, ICC
Regional Manager
MWH Construction Management Services
MWH Constructors, Inc.
391 N. Main St. Suite 110, Corona, CA 92878
www.mwhconstrutors.com