Cities Index.
Attachment A - ERSC - Professional Services Agreement

Palm Springs City Council
June 24, 2026

Document
Attachment A - ERSC - Professional Services Agreement
Meeting
June 24, 2026
Body
Palm Springs City Council
Pages
20
Original file
5.2 MB
Text extracted from the city's file for reading and search. Open the original on palmsprings.primegov.com. That file is the official record.

Attachment A - ERSC -
Professional Services
Agreement

55575.18100\42907009.1

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PROFESSIONAL SERVICES AGREEMENT

ON-CALL CIVIL PLAN CHECK SERVICES

This Professional Services Agreement (“Agreement”) is entered into this 1st day of July 2026 (“Effective Date”), by and between the City of Palm Springs , a California charter city and municipal corporation, (“City”) and Engineering Resources of Southern California, Inc., a California corporation (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties.”

RECITALS

A. City requires the services of a qualified firm, for on-call civil engineering plan check services for development within the City of Palm Springs (“Project”).

B. Consultant has submitted to City a proposal to provide on- call civil engineering plan check services for development within the City of Palm Springs , to City under 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 in this Agreement.

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:

AGREEMENT

1. 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” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated 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) RFQ 02-26; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant ’s Proposal”), (collectively referred to as the “Contract Documents” ). RFQ 02 -26 and the Consultant ’s Proposal, which are both attached as Exhibit “A”, respectively, are incorporated herein by this 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, 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

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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 provisions of the Scope of Services (Exhibit “A”); (2nd) the provisions of the City’s Request for Proposal; (3rd) the terms of this Agreement; and, (4th) the provisions of the Consultant’s Proposal.

1.3 Compliance with Law. Consultant warrants that all S ervices rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes , ordinances lawful orders, rules, and regulations. 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 and under this Agreement.

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. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, 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 Performance of Services. City Manager or Director 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 per form 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 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.

2. 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 1.6 and in this Section 2.1. Each such separate project shall be identified as a Task Order authorized by the Director Engineering/City Engineer or the City Manager as provided in this Section 2.1. 55575.18100\42907009.1
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Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the fee schedule set forth in Exhibit “ B”. The total amount of Compensation for the duration of the term of this agreement, as defined in Section 3.1, shall not exceed $ 2,500,000.

The method of compensation for each separate City authorized Task Order may include: (i) a not- to-exceed 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 “B”, or (iii) such other methods as may be specified in the Schedule of Compensation.

Compensation shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense, and all other necessary expenditures required to perform the professional services under this Agreement. Compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation, therefore.

It is expressly agreed that the maximum contract amount of this Agreement is undefined and is subject to the number and type of projects requiring the Consultant’s Services throughout the duration of the term 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 . Un less another method of payment is specified in the Schedule of Compensation (Exhibit “ B”), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10th) working day of such month. 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 as soon 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 City, the Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for addi tional services not included in this A greement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession. 55575.18100\42907009.1

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2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

3. SCHEDULE OF PERFORMANCE

3.1 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of five years , commencing on the Effective Date, and ending on June 30, 2031, unless extended by mutual written agreement of the Parties.

3.2 Termination Prior to Expiration of Term . The 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 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.

3.3 Schedule of Performance. Inentionally Omitted.

3.4 Force Majeure. The time for performance of Services to be rendered under this Agreement 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.

4. COORDINATION OF WORK

4.1 Representative of Consultant . The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: John 55575.18100\42907009.1

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M. Brudin, Pres ident. 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 the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services . Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

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 app roval of City. Subcontracts, if any, shall contain a provisions 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 in this Agreement 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.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 under this Agreement without the express written consent of City.

4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee.

A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves 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 55575.18100\42907009.1

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of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.

B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.

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. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement , of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subConsultant s, 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. I t 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, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions , unless otherwise specified in this Agreement . The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply 55575.18100\42907009.1

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against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's 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 in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required 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.

X required

is not required;

(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 under (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 under 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 Agreem ent. 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 t he 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, w orkers’ 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 55575.18100\42907009.1

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Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

C. Commercial General Liability Insurance . Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations.

D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance 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 or his/her designee 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 or his/her designee 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 under this Agreement:

A. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the 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. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been 55575.18100\42907009.1

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submitted to the City Manager and approved in writing.

E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu o f 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 in this Agreement.

F. Consultant agrees to ensure that subConsultant s, and any other parties involved with the Project who are brought onto or involved in the P roject 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 sub Consultants 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 in this or any other regard.

H. Consultant shall provide proof that policies of insurance required in this Agreement, 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, or 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 impair 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 in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are w aived 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 55575.18100\42907009.1

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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 comm ences. 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 certificat es 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 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to, Claims arising from injuries to or death of persons (Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant , its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification 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 55575.18100\42907009.1

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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 Design Professional Services Indemnification and Reimbursement. 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 S ervices required by this Agreement , or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations , and other materials prepared by Consultant, its employees, subConsultant s, 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 . Consultant shall have no claim for further employment or additional compensation as a result of the exercis e by City of its full rights of ownership of the documents and materials. 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 resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall ensure that all its subConsultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages.

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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 acc epted 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 Default of Consultant. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.

A. 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 d esignate, 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 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 shall limit City’s right to terminate this Agreement without cause under Section 3.2.

B. 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 8.3(A), take over 55575.18100\42907009.1

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the work and prosecute the same to completion by contract or otherwise. T he 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). The 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 in this Agreement.

8.4 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.

8.5 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.

8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct , remedy or 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.

8.7 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. These include but are 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 ente red in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non- judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or 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 (1) 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.
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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 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

10. MISCELLANEOUS PROVISIONS

10.1 Patent and Copyright Infringement. 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:

A. 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 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, informati on 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. let ters 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 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. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant’s consent, which shall not be unreasonably withheld. 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 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing.

All notices 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 55575.18100\42907009.1

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attached evidence of completed transmission. All notices 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 Stat es 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, and 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 & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332

To Consultant: Engineering Resources of Southern California, Inc.

Attention: John M. Brudin, President
1861 W. Redlands Blvd.

Telephone: (909) 890-1255 x103

10.3 Integrated 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 in this Agreement.

10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. 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 in this Agreement, 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 to this Agreement.

10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement 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 55575.18100\42907009.1

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or she is duly authorized to execute and deliver this Agreement on behalf of the P arty 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 P arty 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 NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES 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.

CONSULTANT:

By: ______________________________ By: _______________________________ Signature Signature

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

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EXHIBIT “A”

SCOPE OF SERVICES

1.1. Background:

The City of Palm Springs is requesting statements of qualifications from qualified professional firms to provide the City with on -call civil engineering plan check services, (hereinafter the “Project”). The selected firm(s) will be expected to provide var ious professional services as necessary to complete review and approval of various plans, maps, and studies for the City.

The City of Palm Springs currently uses contractual civil engineering plan-check services to provide necessary independent review of private development improvement plans, maps, and technical studies/reports for projects within the City.

The City of Palm Springs Engineering Services Department coordinates the review and approval of all improvement plans related to private development (excluding building and related plans), consisting of a variety of grading plans, street improvement plans, storm drain improvement plans, sewer improvement plans, traffic signal improvement plans, on- site improvement (grading and paving) plans, as well as a variety of other types of construction improvement plans and final/parcel maps. In addition to individual plan check review, the City’s civil engineering plan- check consultants provide independent review of technical studies and reports (including sewer studies, traffic studies, geotechnical reports, stormwater pollution prevention/NPDES plans, and water quality management plans), and render appropriate review of the analysis and proposed mitigation. Services will also include review and verification of Right-of-Way documents including, but not limited to, legal descriptions for easements, dedications, lot line adjustments, certificates of compliance, and parcel mergers.

1.2. Scope:

A. The Scope of Work shall consist of providing civil engineering plan- check services of various development items, consisting of improvement plans (including, but not limited to:
rough grading, street, sewer, storm drain, on- site grading/paving, traffic signal, traffic striping/signage); subdivision maps (final tract maps and parcel maps); and professional studies (including, but not limited to: hydrology/hydraulic, sewer, traffic, geotechnical, storm water pollution prevention/NPDES and water quality management plans). Services will also include review and verification of Right -of-Way documents including, but not limited to legal descriptions for easements, dedications, lot line adjustments, certificates of compliance, and parcel mergers.

B. The Consultant shall act as the City Surveyor and Traffic Engineer through the development process. In addition, the City shall require the Consultant be the City Surveyor or Traffic Engineer outside the development process. The Consultant shall advise the City on Traffic Engineering and Survey/Mapping issues or questions.

C. The City is entering into Agreement s with two on-call civil plan check consult ing firms, Engineering Resoucrse of Southern California, Inc., and TKE Engineering, Inc, therefore, if one consulting firm has prepared and submitted for approval to the City , including but 55575.18100\42907009.1

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not limited to, improvement plans, associated technical studies, and final or parcel maps for development projects located within the City of Palm Springs during the term of this Agreement, the other consulting firm shall be required to review those items prepared. a. For example if Engineering Resourses prepared a parcel map and submitted to the City of Palm Springs for review and approval TKE Engineering, Inc., would be the only authorized on-call civil plan check consultant to provide such services.

D. Consultant shall be required to adhere to the City’s existing civil engineering plan check service process which is currently a 100% electronic plan submittal and plan review process. Consultant shall be responsible for implementing the 100% electronic plan submittal and plan review process with the City. Consultant shall be required to coordinate with the City’s IT Department in becoming integrated into the City’s software systems as available. The City currently has implemented a global Enterprise Resour ce Planner (ERP) system called Enterprise Permitting & Licensing (EPL) with Tyler Technologies, Inc.

EPL utilizes BlueBeam as the built-in plan check software. Consultant shall integrate and interface with the City’s system accordingly for plan check services rendered using the system. Consultant shall also be required for furnishing and providing its own electronic system for City use on its IT system, subject to review and approval by the City’s IT Director.

E. In conformance with the approved Performance Schedule, civil engineering plan- check consultants shall provide a thorough and complete initial plan- check using the highest professional standards. An initial plan- check shall be provided in conformance with City of Palm Springs standards, civil engineering design guidelines appropriate for the type of work (Standard Specifications for Public Works Construction “Greenbook”, State of California Standards “Caltrans” Specifications, Caltrans Highway Design Manual , and various other design guidelines), as well as all relevant ordinances, resolutions, statutes, rules, and regulations of the City, and all other local, state or federal governmental agency having jurisdiction over the type and location of the development activity.

F. The Engineering Services Department shall not accept a development item for initial plan- check until a complete plan-check package is provided by the developer. Consultant shall be expected to review development items (plans, maps, or professional studies ) in conformance with and in relation to the following related items:
a. Adopted “Conditions of Approval”, and applicable plan check items, by City Council Resolution (relative to Planned Development Districts, Tentative Tract/Parcel Maps, Architectural Approvals, Conditional Use Permits, etc.) b. Approved Site Plans or Tentative Maps
c. Planning Department comments, as relevant
d. Title Report, Current Tax Bill or other property ownership verification e. Professional Studies (geotechnical, hydrology, sewer, traffic, etc.) f. Verification of issuance of a General Construction Activity Storm Water Permit, if required
g. Grants or Vacations of Right-of-Way, as relevant
h. Traverse, Lot and Tract Boundary Closures for final or parcel maps i. Reference maps, Assessor Maps, and other information related to final or parcel maps
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G. In reviewing improvement plans; Consultant shall ensure that all “Conditions of Approval” are met, such as: required frontage improvements (sidewalk/bikeway widths, color and treatment); required street pavement section and street design; minimum/maximum percentage slopes; and parking lot layout and design (in conformance with the Zoning Code), as an example. Consultant shall follow the Engineering Services Department’s latest improvement plan check sheets to ensure that minimum standards are met; and shall ensure that the latest general notes are included on the first sheet of each plan set.

Consultant shall be expected to physically visit each development location and to ensure that improvement plans subject to plan-check review “fit” within the real world. A site visit for each location is to be considered expected unless otherwise waived by the City Engineer.

H. In reviewing final or parcel maps; Consultant shall ensure that all “Conditions of Approval” are met, such as required public and private right-of-way or easement dedications, right- of-way vacations, land transfers, conservation or public space easements, and drainage/public utility easement dedications, as an example. Consultant shall ensure that all final or parcel maps are technically correct and meet current local and state regulations.

It shall be Consultant’s responsibility to review the title repor t for subdivision guarantee and determine that the final or parcel map boundary is consistent with the description given in the title report; as well as ensure that the appropriate signatories and executors of the final or parcel map are consistent with the current vesting ownership indicated in the title report.

I. Upon completion of the first (initial) plan- check, Consultant shall provide a complete and thorough itemized written list of plan- check comments for use by the developer’s consultant in revising the initial plans, map or professional study. The Engineering Services Department shall expect the first plan-check comments to be of such detail and completeness so new plan- check comments on subsequent plan- check submittals are avoided, if at all possible, except when as a result of changes or modifications to the initial plans. Consultant shall maintain its own plan -check files with copies of initial and subsequent drafts of plans or maps, plan-check comments from the initial and subsequent reviews, and relevant documentation and data. Consultant shall scan all red -lined plans returned to the developer’s consultant for correction as part of its plan-check file, and shall make the scanned plans available to the City upon request.

J. Throughout the plan-check process, Consultant shall be expected to be available to meet, as necessary, with the Engineering Services Department and/or the developer’s consultant to discuss plan-check review comments. Fees for time required to meet with City staff or the developer’s consultant shall be included in the plan- check service fee charged by Consultant, and shall not be separately paid for outside of the plan- check process.

K. All plan-check services shall be performed by or under the responsible charge of a California licensed professional eligible to prepare and sign the type of map, plan, or professional study being reviewed. Consultant shall sign and stamp original, signed mylar plans when ready for approval by the City Engineer; and shall submit an approval letter to the City Engineer stating that the subject development item (improvement plan, map or professional study) has been reviewed and approved by Consultant.

L. Consultant shall agree to all requests for expedited or “fast track” plan- checking, in conformance with the approved “fast track” Performance Schedule.

M. Consultant shall NOT subcontract or assign work to other consultants or firms unless identified in the original proposal and approved by the City in award of the professional 55575.18100\42907009.1

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services agreement to Consultant. Subsequent substitution of subconsultants shall not be allowed unless otherwise specifically authorized by the City Engineer.

1.3. Schedule:

A. Timely review of improvement plans, associated technical studies, and final or parcel maps is vital to the successful development of the City of Palm Springs. In order to promote a “business friendly” environment, the City of Palm Springs expects Consultan t to be aware and sensitive of the cost to the development community of delays attributed to plan-check review, and to adhere to Performance Schedules, provide complete and thorough initial plan- check review, and be available as necessary to address issues regarding plan- check items. Consultant shall consider its plan -check “contracts” as important as its own in-house projects.

B. Currently, for civil engineering plan- check services of plans or maps, the City of Palm Springs requires the following schedule of performance:
a. Performance Schedule (Normal):
i. Initial draft (first submittal) shall be transmitted by the Engineering Services Department within two (2) working days of notification. ii. First submittal shall be reviewed, checked for accuracy, and returned to the Engineer of Record with a copy to the City within two (2) working days plus one (1) working day per sheet following transmission from the Engineering Services Department.
iii. Second and subsequent drafts shall be transmitted by the Engineering Services Department within two (2) working days of notification. iv. Second and subsequent drafts shall be reviewed, checked for correction of plan-check comments and returned to the Engineer of Record with a copy to the City within two (2) working days plus one (1) working day per sheet following transmission from the Engineering Services Department. v. Working days are Monday through Friday, not counting City Holidays: CITY “OBSERVED” DATES*, to be updated annually.
vi. Note: Although the City has implemented a four day work week where City Hall is closed on Fridays, Consultant shall be required to consider Friday as a working day in compliance with performance of their plan check services.
vii. Example of a 3-sheet plan-check Performance Schedule:

1. Notified on Day 1 (i.e. Monday)

2. Pick-up by Day 3 (i.e. Wednesday)

3. Return by Day 8 (i.e. following Wednesday)
b. Fast Track: Performance Schedule: At times, the development community requests an expedited “fast track” plan-check review process. Currently, for Fast Track plan-checking, Performance Schedule is accelerated by 50% of the normal Performance Schedule, as follows:
i. Initial draft (first submittal) shall be transmitted by the Engineering Services Department within one (1) working day of notification.
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ii. First submittal shall be reviewed, checked for accuracy, and returned to the Engineer of Record with a copy to the City within one (1) working day plus half (½) working day per sheet following transmission from the Engineering Services Department.
iii. Second and subsequent drafts shall be transmitted by the Engineering Services Department within one (1) working day of notification. iv. Second and subsequent drafts shall be reviewed, checked for correction of plan-check comments, and returned to the Engineer of Record with a copy to the City within one (1) working day plus half (½) work ing day per sheet following transmission from the Engineering Services Department. v. Example of a 3-sheet plan-check performance:

1. Notified on Day 1 (i.e. Monday)

2. Pick-up by Day 2 (i.e. Tuesday)

3. Return by mid-Day 4 (i.e. noon Friday)
c. For professional studies, an appropriate amount of review time depending upon the scope and extent of the study, not to exceed 5 working days, is allowed. The review time for a specific professional study upon first (initial) submittal shall be mutually agreed upon by the Engineering Services Department and the civil engineering plan-check consultant assigned to perform the review.

Work will commence on July 1, 2026, and all work shall be completed by June 30, 2031.

1.4. Compensation:

The City provides a not -to-exceed payment to Consultant following review and approval up to the third submittal (draft) of an item for plan- checking (improvement plan, map, or professional report). City requires Consultant to perform a thorough and complete plan- check of the initial (fir st) submittal, and the developer’s consultant to address the plan- checker’s initial comments such that final plans are ready for approval and the City Engineer’s signature upon completion of the third submittal.

In the event this requirement is not achieved, the Engineering Services Department shall review outstanding plan-check comments and determine if additional plan -check service fees shall be assessed to the developer. In those cases where it is determined that plan- check comments have not been addressed to the City’s satisfaction, an additional plan- check service fee of 50% the normal fee shall be assessed for subsequent reviews of items for plan-check following the third submittal.

However, the Engineering Services Department shall not approve additional plan- check service fees in the event it has been demonstrated that new plan check comments were identified on second and subsequent reviews which should have been identified on the first submittal.

Rates for each type of review are to be established based upon the projected cost of time & material spent by a reviewer qualified to perform each of the associated review types listed in the scope of work. Compensation for time shall be based upon wages f or each position expected to be involved in a review type and should be equivalent to the prevailing wage for each position. Compensation for the additional work, as requested by the City for City Surveyor & Traffic Engineer services, will be compensated at an established hourly rate equivalent to the prevailing wage associated with those positions. 55575.18100\42907009.1

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An expedited “Fast Track” fee is to be established for each review type as a fixed percentage increase to the base review fees already to be charged.

In the event a plan check item is not resubmitted for review after 3 months following a previous plan- check, the item is considered “dead”, and the Engineering Services Department allows its Consultant to request a 50% payment of the not-to-exceed amount.

In the event a plan check item has gone two or more plan-check cycles and the project is withdrawn, the Engineering Services Department allows its Consultant to request the remaining 50% payment of the not -to-exceed amount, or in the event a previous part ial payment was not made, to request the entire not-to-exceed payment.

Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Consultant 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.

CITY OF PALM SPRINGS, CA

PROCUREMENT AND CONTRACTING DEPARTMENT

REQUEST FOR QUALIFICATIONS 02-26

ON-CALL CIVIL PLAN CHECK SERVICES

ISSUED: MARCH 30, 2026

Per Addendum No. 3

TABLE OF CONTENTS

SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS .............................................. 1

1.1. Request for Statement of Qualifications ................................................................... 1

1.2. Term ......................................................................................................................... 1

1.3. Schedule .................................................................................................................. 1

1.4. Procurement Officer and Delivery Address: .............................................................. 1 SECTION 2 – INSTRUCTIONS TO RESPONDERS ............................................................... 2

2.1. Obtaining RFQ Documents and Addenda: ................................................................ 2

2.2. Pre-Qualification Conference: ................................................................................... 2

2.3. Responder’s Minimum Requirements: ...................................................................... 2

2.4. Submission of Statements of qualifications: .............................................................. 3 SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT ........................................ 4

3.1. Request for Clarifications/Questions: ........................................................................ 4

3.2. Responders Ethical Behavior: .................................................................................. 4

3.3. Statements of Qualifications to Remain Open: ......................................................... 4

3.4. Right to Accept or Reject Statements of Qualifications: ............................................ 4

3.5. Responsibility of Responder: .................................................................................... 4

3.6. Insurance: ................................................................................................................ 4

3.7. Public Record: .......................................................................................................... 4

3.8. Cost Related to Statement of Qualifications Preparation: ......................................... 5

3.9. Compliance with Law:............................................................................................... 6

3.10. Licenses, Permits, Fees and Assessments: ............................................................. 6

3.11. Investigations: .......................................................................................................... 6

3.12. Non-Collusion: .......................................................................................................... 6

3.13. Signed Statement of Qualifications and Exceptions: ................................................. 6

3.14. Award of Contract: .................................................................................................... 7

3.15. Form of Agreement: ................................................................................................. 7 SECTION 4 – SCOPE OF WORK ........................................................................................... 9

4.1. Background: ............................................................................................................. 9

4.2. Scope: ...................................................................................................................... 9

4.3. Schedule: ................................................................................................................11

4.4. Compensation: ........................................................................................................13 SECTION 5 – STATEMENT OF QUALIFICATIONS FORMAT AND ORGANIZATION ...........14

5.1. Statement of Qualifications Requirements: ..............................................................14

5.2. Statement of Qualifications Format: .........................................................................14

5.3. Statement of Qualifications Content: .......................................................................14

5.4. Submission of Statement of Qualifications: ..............................................................16 SECTION 6 – STATEMENT OF QUALIFICATIONS EVALUATION........................................17

6.1. Evaluation of Statements of Qualifications: ..............................................................17

6.2. Selection Process and Award of Contract: ...............................................................17 SECTION 7 – RFQ FORMS ...................................................................................................19 SECTION 8 – SAMPLE AGREEMENT ................................................................................... 1

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SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS

1.1. Request for Statement of Qualifications
The City of Palm Springs is requesting statements of qualifications from qualified firms to provide the City with on-call civil engineering plan check services. The scope of work will consist of providing on-call civil engineering professional services as necessary to complete review and approvals of various plans, maps, and studies for the City.

1.2. Term
The existing civil engineering plan- check services contract is due to expire on June 30, 2026. The firm secured through this solicitation is anticipated to initiate services starting July 1, 2026, and continuing through June 30, 2031, for a five-year term. The City intends to award as many as two contracts for plan checking services.

1.3. Schedule
The following is the schedule for this procurement:

Activity Due/Time
Request for Qualifications Issued March 30, 2026
Pre-Qualification Conference
Tuesday, April 7, 2026, at 9:00 am
PDT
Requests for Clarifications from Responders
are due
Tuesday, April 14, 2026, at 2:00 pm
PDT
Responses to Requests for Clarification will
be posted via Addendum Tuesday, April 21, 2026
Statements of Qualifications are Due Tuesday, April 28, 2026, at 2:00 pm PDT
Interviews (if necessary) May 2026 (week of May 11, 2026) Recommendation/Selection (tentative) May 2026
Projected Date for Award of Contract/ PO June 2026

1.4. Procurement Officer and Delivery Address:

Tabitha Richards
City of Palm Springs – Procurement and Contracting Department City Hall
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Phone: 760.322.8368
Email: [email protected]

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SECTION 2 – INSTRUCTIONS TO RESPONDERS

2.1. Obtaining RFQ Documents and Addenda:

RFQ documents including Addenda can be found on PlanetBids at:
https://pbsystem.planetbids.com/portal/47688/portal-home Responders will then need to log in and locate this RFQ for all related documents. It is the Responders 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. Pre-Qualification Conference:

A Pre-Qualification Conference will be held as follows:

Date: TUESDAY, APRIL 7, 2026
Time: 9:00 am PDT
Location: Virtually. - Interested participants who wish to participate in the Prequalification conference by either requesting a link to attend via email to:

[email protected] or by following the directions below:

Microsoft Teams meeting
Join: https://teams.microsoft.com/meet/21329691817216?p=vOeJqlFz2dYJvHnFr7 Meeting ID: 213 296 918 172 16
Passcode: sX29ia3o
Dial in by phone
+1 872-239-6004,,883019907# United States, Chicago
Phone conference ID: 883 019 907#
Find a local number | Reset dial-in PIN
All Responders are highly encouraged to attend this conference to learn more about the requirements of this solicitation.

2.3. Responder’s Minimum Requirements:

A. Experience: The Responder must have at least ten (10) years’ experience in providing plan check services and preparation of civil engineering plans for municipal government, private development, and public works projects in the last twenty (20) years. Responders shall outline this experience in Section A of the statement of qualifications.

B. Knowledge: The City of Palm Springs relies on the professionalism and competence of the selected firm(s) to be knowledgeable of the general areas identified in the scope of work . The Respondent must have knowledge of civil engineering, traffic engineering, surveying, and all associated legal requirements under California, County and local laws. Responders shall outline this knowledge in Section A of the statement of qualifications
C. License Requirements: Responder must have on staff at least one of each of the following: a California registered Civil Engineer, a California registered Land Surveyor or a Civil Engineer licensed prior to January 1, 1982, and a California registered Traffic Engineer. Each shall be capable of performing all associated plan checking,

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City Surveyor, and Traffic Engineer services associated with the scope of work.

Responders shall submit required licenses with Attachment A.

D. 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.

2.4. Submission of Statements of qualifications:

1. 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 Planet Bids system will be the governing time for acceptability of Statements of qualifications. Paper statements of qualifications, or statements of 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 Requests 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 statement of qualifications as being non-responsive or negatively impact the evaluation of a statement of qualifications .

Statement of Qualification files shall be clearly labeled per the instructions provided and submitted electronically.

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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 statement of qualifications.

3.3. Statements of Qualifications to Remain Open:

The Responder shall guarantee that all contents of their statement of qualifications shall be valid for a period of 120 calendar days from the due date of statements of qualifications.

3.4. Right to Accept or Reject Statements of Qualifications:

The City of Palm Springs reserves the right to waive any informality or technical defect in a statement of qualifications and to accept or reject, in whole or in part, any or all statements of qualifications and to cancel all or part of this RFQ and seek new statements of 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 statement of qualifications package, etc.), the statement of 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 statement of qualifications.

3.7. Public Record:

1. 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

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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.

2. 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 statement of 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.

3. If a submitting party contends that a portion of the statement of 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 l aws 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 statement of 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 statement of qualifications or other information or documents submitted to the City as part of this RFQ process. The City may not recog nize statements of qualifications where all the information, via a blanket statement is submitted as proprietary information or a trade secret. Such statements of qualifications may be found non-responsive.

3.8. Cost Related to Statement of Qualifications Preparation:

The City will NOT be responsible for any costs incurred by any firm responding to this RFQ in the preparation of their Statement of Qualifications or participation in any presentation if requested, or any other aspects of the entire RFQ process.

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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 th e 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 statement of qualifications if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein.

3.12. Non-Collusion:

The undersigned, by submission of this procurement Form, hereby declares that this statement of qualifications is made without collusion with any other business making any other statement of qualifications, or which otherwise would make a statement of qualifications. Responder must execute an Affidavit of Non -Collusion provided as Attachment “B” in the RFQ and include it with their statement of qualifications.

3.13. Signed Statement of Qualifications and Exceptions:

Submission of a signed statement of qualifications will be interpreted to mean that the firm responding to this RFQ has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Qualifications, and any attached sample agreement. Exceptions to any of the language in either the RFQ documents or attached sample agreement, including the insurance requirements, must be requested under the request for clarifications/questions process by the deadline for questions. Any requested changes to the contract will be considered at that time and if changes are allowed, they will be sent out through an Addendum to all Responders. Exceptions to the City’s RFQ document or standard boilerplate language, insurance requirements, terms, or conditions, etc. may only be considered during the early stage of the solicitation process; and shall not be included in the submitted statements of qualifications . T he City makes no guarantee that any exceptions will be approved but will consider any requests put forward in the request for clarification/question process.

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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 a contract, 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 or firms to be recommended for award and a contract or contracts have been negotiated and agendized for consideration. The decision of the City Council will be final. It is the City’s intent to award as many as two contracts for on-call civil engineering plan check services.

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 Contract 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 Contract 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.

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 statement of qualifications in response to this RFQ. Firms that submit a statement of qualifications in response to this RFQ shall certify the following:

C. 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.

D. 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

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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 7.05.02 , including without limitation the provision of benefits, relating to non-discrimination in city contracting.

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SECTION 4 – SCOPE OF WORK

4.1. Background:

The City of Palm Springs is requesting statements of qualifications from qualified professional firms to provide the City with on -call civil engineering plan check services, (hereinafter the “Project”). The selected firm(s) will be expected to provide various professional services as necessary to complete review and appr oval of various plans, maps, and studies for the City.

The City of Palm Springs currently uses contractual civil engineering plan-check services to provide necessary independent review of private development improvement plans, maps, and technical studies/reports for projects within the City.

The City of Palm Springs Engineering Services Department coordinates the review and approval of all improvement plans related to private development (excluding building and related plans), consisting of a variety of grading plans, street improvement plans, storm drain improvement plans, sewer improvement plans, traffic signal improvement plans, on- site improvement (grading and paving) plans, as well as a variety of other types of construction improvement plans and final/parcel maps. In addition to individual plan check review, the City’s civil engineering plan- check consultants provide independent review of technical studies and reports (including sewer studies, traffic studies, geotechnical reports, stormwater pollution prevention/NPDES plans, and water quality management plans), and render appropriate review of the analysis and proposed mitigation. Services will also include review and verification of Right-of-Way documents including, but not limited to, legal descriptions for easements, dedications, lot line adjustments, certificates of compliance, and parcel mergers.

4.2. Scope:

A. The Scope of Work shall consist of providing civil engineering plan- check services of various development items, consisting of improvement plans (including, but not limited to:
rough grading, street, sewer, storm drain, on- site grading/paving, traffic signal, traffic striping/signage); subdivision maps (final tract maps and parcel maps); and professional studies (including, but not limited to: hydrology/hydraulic, sewer, traffic, geotechnical, storm water pollution prevention/NPDES and water quality management plans). Services will also include review and verification of Right -of-Way documents including, but not limited to legal descriptions for easements, dedications, lot line adjustments, certificates of compliance, and parcel mergers.

B. The Consultant shall act as the City Surveyor and Traffic Engineer through the development process. In addition, the City shall require the Consultant be the City Surveyor or Traffic Engineer outside the development process. The Consultant shall advise the City on Traffic Engineering and Survey/Mapping issues or questions.

C. Consultant shall not prepare improvement plans, associated technical studies, and final or parcel maps for development projects located within the City of Palm Springs during the term of their agreement, except in the case that two firms are selected for plan check services. It is the intention of the City to retain up to two plan check consultants to maintain consistency with its plan check services, therefore, if two firms are selected then a back - up plan check consultant may be available to review items prepared by the other selected consultant for these services.

D. Consultant shall be required to adhere to the City’s existing civil engineering plan check service process which is currently a 100% electronic plan submittal and plan review process. Consultant shall be responsible for implementing the 100% electronic plan

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submittal and plan review process with the City. Consultant shall be required to coordinate with the City’s IT Department in becoming integrated into the City’s software systems as available. The City currently has implemented a global Enterprise Resource Planner (ERP) system called Enterprise Permitting & Licensing (EPL) with Tyler Technologies, Inc.

EPL utilizes BlueBeam as the built-in plan check software. Consultant shall integrate and interface with the City’s system accordingly for plan check services rendered using the system. Consultant shall also be required for furnishing and providing its own electronic system for City use on its IT system, subject to review and approval by the City’s IT Director.

E. In conformance with the approved Performance Schedule, civil engineering plan- check consultants shall provide a thorough and complete initial plan- check using the highest professional standards. An initial plan- check shall be provided in conformance with City of Palm Springs standards, civil engineering design guidelines appropriate for the type of work (Standard Specifications for Public Works Construction “Greenbook”, State of California Standards “Caltrans” Specifications, Caltrans Highway Design Manual, and various other design guidelines), as well as all relevant ordinances, resolutions, statutes, rules, and regulations of the City, and all other local, state or federal governmental agency having jurisdiction over the type and location of the development activity.

F. The Engineering Services Department shall not accept a development item for initial plan- check until a complete plan-check package is provided by the developer. Consultant shall be expected to review development items (plans, maps, or professional studies) in conformance with and in relation to the following related items:
a. Adopted “Conditions of Approval”, and applicable plan check items, by City Council Resolution (relative to Planned Development Districts, Tentative Tract/Parcel Maps, Architectural Approvals, Conditional Use Permits, etc.) b. Approved Site Plans or Tentative Maps
c. Planning Department comments, as relevant
d. Title Report, Current Tax Bill or other property ownership verification e. Professional Studies (geotechnical, hydrology, sewer, traffic, etc.) f. Verification of issuance of a General Construction Activity Storm Water Permit, if required
g. Grants or Vacations of Right-of-Way, as relevant
h. Traverse, Lot and Tract Boundary Closures for final or parcel maps i. Reference maps, Assessor Maps, and other information related to final or parcel maps
G. In reviewing improvement plans; Consultant shall ensure that all “Conditions of Approval” are met, such as: required frontage improvements (sidewalk/bikeway widths, color and treatment); required street pavement section and street design; minimum/maximum percentage slopes; and parking lot layout and design (in conformance with the Zoning Code), as an example. Consultant shall follow the Engineering Services Department ’s latest improvement plan check sheets to ensure that minimum standards are met; and shall ensure that the latest general notes are included on the first sheet of each plan set.

Consultant shall be expected to physically visit each development location and to ensure that improvement plans subject to plan-check review “fit” within the real world. A site visit for each location is to be considered expected unless otherwise waived by the City Engineer.

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H. In reviewing final or parcel maps; Consultant shall ensure that all “Conditions of Approval” are met, such as required public and private right-of-way or easement dedications, right- of-way vacations, land transfers, conservation or public space easements, and drainage/public utility easement dedications, as an example. Consultant shall ensure that all final or parcel maps are technically correct and meet current local and state regulations.

It shall be Consultant’s responsibility to review the title repor t for subdivision guarantee and determine that the final or parcel map boundary is consistent with the description given in the title report; as well as ensure that the appropriate signatories and executors of the final or parcel map are consistent with the current vesting ownership indicated in the title report.

I. Upon completion of the first (initial) plan- check, Consultant shall provide a complete and thorough itemized written list of plan- check comments for use by the developer’s consultant in revising the initial plans, map or professional study. The Engineering Services Department shall expect the first plan-check comments to be of such detail and completeness so new plan- check comments on subsequent plan- check submittals are avoided, if at all possible, except when as a result of changes or modifications to the initial plans. Consultant shall maintain its own plan -check files with copies of initial and subsequent drafts of plans or maps, plan-check comments from the initial and subsequent reviews, and relevant documentation and data. Consultant shall scan all red-lined plans returned to the developer’s consultant for correction as part of its plan-check file, and shall make the scanned plans available to the City upon request.

J. Throughout the plan-check process, Consultant shall be expected to be available to meet, as necessary, with the Engineering Services Department and/or the developer’s consultant to discuss plan-check review comments. Fees for time required to meet with City staff or the developer’s consultant shall be included in the plan- check service fee charged by Consultant, and shall not be separately paid for outside of the plan- check process.

K. All plan-check services shall be performed by or under the responsible charge of a California licensed professional eligible to prepare and sign the type of map, plan, or professional study being reviewed. Consultant shall sign and stamp original, signed mylar plans when ready for approval by the City Engineer; and shall submit an approval letter to the City Engineer stating that the subject development item (improvement plan, map or professional study) has been reviewed and approved by Consultant.

L. Consultant shall agree to all requests for expedited or “fast track” plan- checking, in conformance with the approved “fast track” Performance Schedule.

M. Consultant shall NOT subcontract or assign work to other consultants or firms unless identified in the original proposal and approved by the City in award of the professional services agreement to Consultant . Subsequent substitution of subconsultants shall not be allowed unless otherwise specifically authorized by the City Engineer.

4.3. Schedule:

A. Timely review of improvement plans, associated technical studies, and final or parcel maps is vital to the successful development of the City of Palm Springs. In order to promote a “business friendly” environment, the City of Palm Springs expects Consultant to be aware and sensitive of the cost to the development community of delays attributed to plan-check review, and to adhere t o Performance Schedules, provide complete and thorough initial plan- check review, and be available as necessary to address issues regarding plan- check items. Consultant shall consider its plan -check “contracts” as important as its own in-house projects.

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B. Currently, for civil engineering plan- check services of plans or maps, the City of Palm Springs requires the following schedule of performance:
a. Performance Schedule (Normal):
i. Initial draft (first submittal) shall be transmitted by the Engineering Services Department within two (2) working days of notification. ii. First submittal shall be reviewed, checked for accuracy, and returned to the Engineer of Record with a copy to the City within two (2) working days plus one (1) working day per sheet following transmission from the Engineering Services Department.
iii. Second and subsequent drafts shall be transmitted by the Engineering Services Department within two (2) working days of notification. iv. Second and subsequent drafts shall be reviewed, checked for correction of plan-check comments and returned to the Engineer of Record with a copy to the City within two (2) working days plus one (1) working day per sheet following transmission from the Engineering Services Department. v. Working days are Monday through Friday, not counting City Holidays: CITY “OBSERVED” DATES*, to be updated annually.
vi. Note: Although the City has implemented a four day work week where City Hall is closed on Fridays, Consultant shall be required to consider Friday as a working day in compliance with performance of their plan check services.
vii. Example of a 3-sheet plan-check Performance Schedule:

1. Notified on Day 1 (i.e. Monday)

2. Pick-up by Day 3 (i.e. Wednesday)

3. Return by Day 8 (i.e. following Wednesday)
b. Fast Track: Performance Schedule: At times, the development community requests an expedited “fast track” plan-check review process. Currently, for Fast Track plan-checking, Performance Schedule is accelerated by 50% of the normal Performance Schedule, as follows:
i. Initial draft (first submittal) shall be transmitted by the Engineering Services Department within one (1) working day of notification.
ii. First submittal shall be reviewed, checked for accuracy, and returned to the Engineer of Record with a copy to the City within one (1) working day plus half (½) working day per sheet following transmission from the Engineering Services Department.
iii. Second and subsequent drafts shall be transmitted by the Engineering Services Department within one (1) working day of notification. iv. Second and subsequent drafts shall be reviewed, checked for correction of plan-check comments, and returned to the Engineer of Record with a copy to the City within one (1) working day plus half (½) working day per sheet following transmission from the Engineering Services Department. v. Example of a 3-sheet plan-check performance:

1. Notified on Day 1 (i.e. Monday)

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2. Pick-up by Day 2 (i.e. Tuesday)

3. Return by mid-Day 4 (i.e. noon Friday)
c. For professional studies, an appropriate amount of review time depending upon the scope and extent of the study, not to exceed 5 working days, is allowed. The review time for a specific professional study upon first (initial) submittal shall be mutually agreed upon by the Engineering Services Department and the civil engineering plan-check consultant assigned to perform the review.

Work will commence on July 1, 2026, and all work shall be completed by June 30, 2031.

4.4. Compensation:

The City provides a lump sum payment to Consultant following review and approval up to the third submittal (draft) of an item for plan -checking (improvement plan, map, or professional report). City requires Consultant to perform a thorough and complete plan- check of the initial (first) submittal, and the developer’s consultant to address the plan- checker’s initial comments such that final plans are ready for approval and the City Engineer’s signature upon completion of the third submittal.

In the event this requirement is not achieved, the Engineering Services Department shall review outstanding plan-check comments and determine if additional plan -check service fees shall be assessed to the developer. In those cases where it is determined that plan- check comments have not been addressed to the City’s satisfaction, an additional plan- check service fee of 50% the normal fee shall be assessed for subsequent reviews of items for plan-check following the third submittal.

However, the Engineering Services Department shall not approve additional plan- check service fees in the event it has been demonstrated that new plan check comments were identified on second and subsequent reviews which should have been identified on the first submittal.

Rates for each type of review are to be established based upon the projected cost of time & material spent by a reviewer qualified to perform each of the associated review types listed in the scope of work. Compensation for time shall be based upon wages f or each position expected to be involved in a review type and should be equivalent to the prevailing wage for each position. Compensation for the additional work , as requested by the City for City Surveyor & Traffic Engineer services, will be compensated at an established hourly rate equivalent to the prevailing wage associated with those positions.

An expedited “Fast Track” fee is to be established for each review type as a fixed percentage increase to the base review fees already to be charged.

In the event a plan check item is not resubmitted for review after 3 months following a previous plan- check, the item is considered “dead”, and the Engineering Services Department allows its Consultant to request a 50% lump sum payment. In the event a plan check item has gone two or more plan-check cycles and the project is withdrawn, the Engineering Services Department allows its Consultant to request the remaining 50% lump sum payment, or in the event a previous partial payment was not made, to request the entire lump sum payment.

Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Consultant 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.

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SECTION 5 – STATEMENT OF QUALIFICATIONS FORMAT AND

ORGANIZATION

5.1. Statement of Qualifications Requirements:

The firm’s statement of qualifications should describe the methodology to be used to accomplish the project objectives. The statement of qualifications should also describe the work which shall be necessary in order to satisfactorily c omplete the described requirements.

5.2. Statement of Qualifications Format:

Firms are requested to format their statements of qualifications so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 below. The statements of qualifications must be in an 8 ½ X 11 format, minimum 10pt font size, minimum ¾” margins, and may be no more than a total of 25 electronic pages, including cover letters, organization charts, staff resumes, and appendices. NOTE: Front and Back Covers, Dividers, Attachment’s “A”, “B”, “C”, “D” and “E” and Addenda acknowledgment do NOT count toward the limit (everything else does).

5.3. Statement of Qualifications Content:

A. 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.

B. Each statement of qualifications package must include one separate electronic file as follows:

The “Statement of Qualifications”, shall include the following items:

Statement of Qualifications: The statement of qualifications shall be clearly marked as per the instructions above and shall include the Sections A, B, C, D and E below:

Section A: Firm (including any subcontractors) Qualifications and Experience including References
A.1 Company Overview. Please provide a description of any previous/ongoing plan checking services that your company has provided in other cities, how long you have been in operation, and any unique features of the plan check services you offer. Please also detail how the firm meets the minimum requirements, that will be scored on a pass fail basis. Please also detail how the firm meets the minimum requirements that will be scored on a pass-fail basis.

A.2 Indicate the name of any sub-contractor firms or contractors that will be utilized to make up your team. Describe each sub- contractor’s qualifications, background, and specific expertise that they bring to the Project.

A.3 References. Include a minimum of three references on the form provided of recent customers for whom your firm has provided similar services as contemplated herein and include it with the forms section of your statement of qualifications. 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

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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 (including any subcontractors) qualifications and experience including References
B.1 Staffing. The Responders shall provide a description of how they plan to staff the project, including any local hires that they would need to make or local partnerships that they would need to establish to ensure successful implementation.

B.2. List the name and qualifications of the key staff/team members that will be assigned to the Project. Provide detailed qualifications of the Project Manager that will be assigned to the Project.

B.3. Partners. The respondent should list any organizations they plan to partner with to implement the scope of work.

Section C: Demonstrated understanding of the overall project and requested scope of work
C.1 Proposed Approach for Implementing the Scope of Work. Please describe how you would approach the Scope of Work for the City of Palm Springs. This would include how you would address or enhance the tasks in the Scope of Work and how you would partner with the City to implement the service.

C.2 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.

C.3 Identify any “key” or “critical” issues that you believe may be encountered based on the firm’s prior experiences; and provide steps to be taken to ensure the issues identified do not affect the successful delivery of the service.

Section D: Local Preference
D.1 List all team members with local expertise. Clearly define their role in the overall project.

Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term “Local Business” is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or statement of qualifications opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to- day basis and holds a valid business license by a jurisdiction located in the Coachella Valley. “Coachella Valley” is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, “Coachella Valley” includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm

Page 16 of 19 ends

Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address.

The Responder will also, to the extent legally possible, solicit applications for employment and statements of qualifications for subcontractors and subconsultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible.

In order for a business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see Attachment A) and provide a copy of its current business license (or of those it employs for this project) from a jurisdiction in the Coachella Valley. A non- local business that requests preference based on employing local residents must provide proof of full-time primary residency from a jurisdiction in the Coachella Valley with the statement of qualifications . The City reserves the right to determine eligibility.

Section E: Forms: - Please include the following completed forms with your statement of qualifications
a. Completed Signature authorization and Addenda Acknowledgment (see Attachment A)
b. If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley.
c. Completed Affidavit of Non-Collusion (see Attachment B) d. Completed No Conflict of Interest and Non -Discrimination Form (Attachment C)
e. Completed Public Integrity Business Disclosure Form (Attachment D) f. Complete the Reference form (Attachment E)
g. Complete the Executive Order N-6-22 Certification (Attachment F)

5.4. Submission of Statement of Qualifications:

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.

Statements of qualifications not meeting the above criteria may be found to be non- responsive.

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SECTION 6 – STATEMENT OF QUALIFICATIONS EVALUATION

6.1. Evaluation of Statements of 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 statement of 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 statements of qualifications to this RFQ. Firms are requested to submit their statements of qualifications so that they correspond to and are identified with the following specific evaluation criteria (100 total points possible):

Criteria Points
Firm’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ , including References
30 Staff / Team’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ 30 Demonstrated Understanding of the overall project and requested Scope of Work
35 Local Preference * 5
*Note: Firms that qualify as a Local Business, and submit a valid business license as more fully set forth in this RFQ, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five points, may be awarded to those that qualify as a Local Business.

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 statement of qualifications , information obtained from references (including the city and past performance if applicable), and presentations if requested. All statements of 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 proposers. If interviews are required, the proposers 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 t he interview based on the same criteria listed in the RFP. The 25 points will be prorated in the same proportion as the proposal scoring listed in the table above.

6.2. Selection Process and Award of Contract:

Selection will be made by totaling the points for the statements of qualifications and interviews if required. The Responder(s) with the highest number of points will be asked to submit a cost proposal for negotiation of a fair and reasonable price and if successful will be recommended for award of the contract. If the negotiations are not successful, 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.

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The selected firm will be required to comply with all insurance and license requirements of the City.

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SECTION 7 – RFQ FORMS
ATTACHMENT “A”- Signature Authorization Form , including Addenda acknowledgment. Must be completed and included with the statement of qualifications.

ATTACHMENT “B” - Non-Collusion Affidavit Form. Must be completed and included with the statement of qualifications.

ATTACHMENT “C” – No Conflict of Interest and Non- Discrimination Form. Must be completed and included with the statement of qualifications.

ATTACHMENT “D” – Business Disclosure Form. Must be completed and included with the statement of qualifications.

ATTACHMENT “E” – Reference Form. Must be completed and included with the statement of qualifications.

ATTACHMENT “F” - Executive Order N -6-22 Certification * Must be completed for state funded work and submitted with the statement of qualifications.

ATTACHMENT “A”

SIGNATURE AUTHORIZATION
REQUESTS FOR QUALIFICATIONS (RFQ 02-26)

ON-CALL CIVIL PLAN CHECK SERVICES
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF

QUALIFICATIONS
NAME OF COMPANY(RESPONDER):
________________________________________________________________________ BUSINESS ADDRESS:_____________________________________________________ ________________________________________________________________________ TELEPHONE: ______________CELL PHONE___________ ___FAX______________ CONTACT PERSON____________________EMAIL ADDRESS____________________

ADDENDA ACKNOWLEDGMENT:

Acknowledgment of Receipt of any Addenda issued by the City for this RFQ is required by including the acknowledgment with your statement of qualifications. Failure to acknowledge the Addenda issued may result in your statement of qualifications being deemed non - responsive.

In the space provided below, please acknowledge receipt of each Addenda:

Addendum(s) # _______________ is/are hereby acknowledged.

A. I hereby certify that I have the authority to submit this Statement of 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 Statement of 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.

ATTACHMENT “B”

NON-COLLUSION AFFIDAVIT
REQUESTS FOR QUALIFICATIONS (RFQ 02-26)

ON-CALL CIVIL PLAN CHECK SERVICES

*THIS FORM MUST BE COMPLETED EXECUTED BY RESPONDER AND SUBMITTED

WITH YOUR STATEMENT OF QUALIFICATIONS
The undersigned, deposes and says that he or she is
of , the party making the foregoing Statement of Qualifications. That the Statement of Qualifications is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Statement of 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 Statement of 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 Statement of Qualifications are true; and, further, that the Responder has not, directly or indirectly, submitted his or her Statement of 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 Statement of Qualifications.

Signature:______________________________________________

Title: _____________________________________________

Date: ______________________

ATTACHMENT “C”

CITY OF PALM SPRINGS, CA

CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION REQUESTS FOR QUALIFICATIONS (RFQ 02-26)

ON-CALL CIVIL PLAN CHECK SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR REQUEST FOR

QUALIFICATIONS
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, demot ion 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 Pal m Springs Municipal Code Section 7.05 .02, 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) ________________ CITY OF PALM SPRINGS – PUBLIC INTEGRITY

DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)

ATTACHMENT “D”

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
REQUESTS FOR QUALIFICATIONS (RFQ 02-26)

ON-CALL CIVIL PLAN CHECK SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF

QUALIFCATIONS
Why Must I 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 a beneficial ownership interest of five percent (5%) or more.

When Must I File? You must file this form with the Office of the City Clerk, or designee, at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.

What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

Note: (1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed.

B. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions.

NOTE: USE ADDITIONAL PAGES AS NECESSARY
What if I Have Questions?
If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].

CITY OF PALM SPRINGS – PUBLIC INTEGRITY

DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle 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

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

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.

City of Palm Springs, CA.

Business Disclosure Supplementary Instructions

In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.

If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, i ncluding those entities other business entities, if any.

Ultimately, the City’s disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).

As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:

John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.

The full business entity disclosure in this example would resemble the following:

1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%

ATTACHMENT “E”

REFERENCES
REQUESTS FOR QUALIFICATIONS (RFQ 02-26)

ON-CALL CIVIL PLAN CHECK SERVICES

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:

ATTACHMENT “F”
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR QUALIFICATIONS (RFQ 02-26)

ON-CALL CIVIL PLAN CHECK SERVICES

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 Consultant 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 Consultant hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the Consultant 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 Consultant. This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:______________________________________

SECTION 8 – SAMPLE AGREEMENT

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SAMPLE BOILERPLATE AGREEMENT – EXHIBITS INTENTIONALLY INCOMPLETE

Note: This Agreement must be reviewed by Responders for acceptance during the RFQ process, and any changes or questions must be addressed during the question- and-answer period outlined in the RFQ. The City will not accept any changes to the agreement after the question period is closed. SOQs submitted with exceptions to scope and agreement terms will not be moved forward in the evaluation process.

Page 2 of 20 ends

PROFESSIONAL SERVICES AGREEMENT [***INSERT CONTRACT
NUMBER***]
[***INSERT PROJECT AND/OR CONSULTANT’S NAME***]

This Professional Services Agreement (“Agreement”) is entered into this [***INSERT DAY***] day of [***INSERT MONTH***], 20__ (“Effective Date”), by and between the City of Palm Springs, a California charter city and municipal corporation, (“City”) and [***INSERT NAME OF CONSULTANT***], a [***INSERT ENTITY TYPE, E.G., CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, OR OTHER LEGAL ENTITY***] , (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties.”

RECITALS

A. City requires the services of a [***INSERT CONSULTANT TYPE***] , for [***INSERT SHORT PROJECT DESCRIPTION***] (“Project”).

B. Consultant has submitted to City a proposal to provide [***INSERT SHORT DESCRIPTION OF SERVICES TO BE PROVIDED***], to City under 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 in this Agreement.

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:

AGREEMENT

1. 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” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in perf orming the Work contemplated 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; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”). The City’s Request for Proposals and the Consultant’s Proposal, which are both attached as Exhibit “B”, respectively, are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall

Page 3 of 20 ends

include the Consultant’s Proposal. All provisions of the Scope of Services, 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 provisions of the Scope of Services (Exhibit “A”); (2 nd) the provisions of the City’s Request for Proposal; (3 rd) the terms of this Agreement; and, (4 th) the provisions of the Consultant’s Proposal.

1.3 Compliance with Law. Consultant 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. 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 and under this Agreement.

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. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, 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.

2. COMPENSATION

2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of [***INSERT NOT TO EXCEED COMPENSATION AMOUNT IN WRITTEN FORM***] ($XX.XX) ("Maximum Contract Amount"), except as may be provided under Section 2.3. The method of compensation shall be as set forth in Exhibit “B.” Compensation for necessary expenditures must be approved in advance by the Contract Officer designated under Section 4.2. The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings.

2.2. Method of Payment . Unless another method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10th) working day of such month. Such requests shall be based upon the amount and value of the Services perform ed by Consultant and accompanied by such

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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 as soon 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 City, the Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; 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 by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

3. SCHEDULE OF PERFORMANCE

3.1 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of [***INSERT TIME PERIOD, E.G., WEEKS/MONTHS/YEARS***] , commencing on the Effective Date, and ending on [***INSERT AGREEMENT END DATE***], unless extended by mutual written agreement of the Parties. However, the term shall not exceed [***INSERT AGREEMENT TERM LENGTH***] from the Effective Date, except as otherwise provided in the Schedule of Performance described in Section 3.4 below.

3.2 Termination Prior to Expiration of Term . The 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 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.

3.3 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed 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.

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3.4 Force Majeure. The time for performance of Services to be rendered under this Agreement 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. Notwithstandi ng the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4. COORDINATION OF WORK

4.1 Representative of Consultant . The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement:
[***INSERT NAME AND TITLE OF CONSULTANT’S REPRESENTATIVE***] 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 princ ipal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 Contract Officer . The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

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 operatio n of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consul tant 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

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all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement 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. 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 under this Agreement without the express written consent of City.

4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee.

A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.

B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.

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. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant’s office rs, 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

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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, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or em ployees. 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 in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:

A. Errors and Omissions Insurance. Contractor shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form contract 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.

X required
is not required;

(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 under (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 under this Agreement.

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(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 Agreem ent. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.

(3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later . In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.

B. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subconsultants, if any, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

C. Commercial General Liability Insurance . Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations.

D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance 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 or his/her designee 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 or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant’s ability to pay

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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 under this Agreement:

A. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the 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. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.

E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.

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 as sumes 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 sub consultants and others engaged i n 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 in this or any other regard.

H. Consultant shall provide proof that policies of insurance required in this Agreement, 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

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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, or 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 impair 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 in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.

5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

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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 certificat es 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 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to, Claims arising from injuries to or death of persons (Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification 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 Inde mnified 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 Design Professional Services Indemnification and Reimbursement. 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.

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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, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the projec t being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.

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. 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. 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 resulting damages. Consultant may retain copies of such documents for their own use.

Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement.

Consultant shall ensure that all its subconsultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages.

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 acc epted accounting principles and shall clearly identify and make such items readily accessible to such

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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 Default of Consultant. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.

A. 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 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 shall limit City’s right to terminate this Agreement without cause under Section 3.2.

B. 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 8.3(A), take over the work and prosecute the same to completion by contract or otherwise. 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). The 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 in this Agreement.

8.4 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

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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.

8.5 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.

8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or 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.

8.7 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. These include but are 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 ente red in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non- judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or 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 thi s Agreement and for one (1) 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

Page 15 of 20 ends

compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

10. MISCELLANEOUS PROVISIONS

10.1 Patent and Copyright Infringement. 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:

A. 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 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 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. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant’s consent, which shall not be unreasonably withheld. 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 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing.

All notices 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. All notices 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, and 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 & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204

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Facsimile: (760) 323-8332

To Consultant: [***INSERT CONSULTANT’S CONTACT INFORMATION***]

10.3 Integrated 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 in this Agreement.

10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. 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 in this Agreement, 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 to this Agreement.

10.7 Recitals. The above- referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement 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 NEXT PAGE]

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND [***INSERT CONSULTANT’S NAME***]

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONSULTANT:

By: ______________________________ By: _______________________________ Signature Signature

Date: __ Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______________ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
AP

PROVED:

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

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EXHIBIT “A”

SCOPE OF SERVICES

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EXHIBIT “B”

SCHEDULE OF COMPENSATION

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EXHIBIT “C”

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 Consultant 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 Consultant hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the Consultant 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 Consultant. This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:

On-Call Civil Plan Check Services
Submitted: April 28, 2026
Statement of
Qualifications

1861 W . Redlands Blvd. | Redlands, CA 92373 | (909) 890-1255 | [email protected] | www.erscinc.com Local Office:
77-564 Country Club Drive
Palm Desert, CA 92211
(909) 890-1255, [email protected]
Evaluation Period Contact:

Matt Brudin, PE
Principal in Charge, Project Manager
(909) 890-1255 x103
[email protected]
RE: Statement of Qualifications - On-Call Civil Plan Check Services Dear Ms. Richards and Members of the Selection Committee, Engineering Resources of Southern California, Inc. (ERSC) is pleased to submit our proposal to the City of Palm Springs as a qualified and experienced consultant to provide on-call civil engineering plan check and development review services. Based on our long-standing relationship with the City that includes over 25 years of providing these same services, ERSC fully understands the City’s requirements, development environment, and the operational demands placed on the Engineering Services Department.

Understanding: Palm Springs manages a diverse and technically complex development portfolio that includes residential subdivisions, multi-family housing, resort and hospitality projects, commercial and mixed-use developments, large entitlement efforts, and public infrastructure improvements. Projects are routinely subject to layered local, state, and federal regulatory requirements that require navigation by experienced local professionals. The City requires a consulting partner capable of maintaining established performance schedules, managing fluctuating workloads, and delivering consistent, high-quality plan review services without compromising technical accuracy or regulatory compliance. ERSC brings first-hand familiarity with the City’s standards, processes, and development history.

Palm Springs’ Engineering Resource: ERSC was founded in 1996 to provide engineering services exclusively to the public sector. For 30 years, the firm has delivered plan checking, civil engineering, surveying, and construction management and inspection services to numerous cities and public agencies throughout Southern California. Headquartered in Southern California, ERSC employs over 50 professionals from across the region who live and work in the communities we serve.

Experienced and Familiar: John “Matt” Brudin, PE, will serve as ERSC’s Principal in Charge, bringing 40 years of experience in municipal engineering, development processes, and construction management. Matt has a long history of serving the City of Palm Springs, providing plan checking services for 25 consecutive years. He is supported by key personnel with significant experience in plan checking for the City and can access ERSC’s full team of 50+ local professional staff operating from our Redlands headquarters and Coachella Valley offices.

Outstanding Experience and Capabilities: ERSC’s record of outstanding service spans three decades and over 10,000 individual assignments completed for local public agency clients. Our team’s commitment to reliable, responsive municipal service never wavers, and public agencies throughout the region reflect that trust through long-term partnerships, several of which exceed 25 years.

Our capabilities align directly with the City’s goals. In addition to our extensive experience, our team stands out by being:
• Familiar – ERSC and our Project Manager have served the City of Palm Springs with Plan Checking, Civil Engineering, Surveying, and Construction Management services for 25 consecutive years. • Experienced - ERSC brings 30 years of municipal plan check experience and direct familiarity with the unique infrastructure, regulatory environment, governing bodies, and development standards applicable in the City and Coachella Valley. • Advanced - ERSC is experienced in electronic plan review, digital transmittal, and permit tracking through various platforms. ERSC currently administers the City’s electronic plan check system. • Local - ERSC’s corporate headquarters is located in the nearby City of Redlands and maintains a local Coachella Valley office. Both locations are staffed by local professionals who are invested in the success of the communities they serve.

On behalf of our entire project team, we thank the City of Palm Springs for the opportunity to submit this proposal. Our team members will remain available throughout the evaluation period to answer any questions that arise. The individuals signing this document are authorized to bind ERSC in an agreement with the City. This proposal and the pricing presented herein are valid for a period of 120 days from the date of submittal.

If you have any questions regarding our proposal, please contact Matt Brudin at 909-890-1255 x102 or by email at mbrudin@erscinc. com.

Respectfully submitted,
John M. Brudin, PE
President, Project Manager
April 28, 2026
City of Palm Springs - Procurement and Contracting Department 3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Tabitha Richards

T able of Contents
Section A: Firm Qualifications and Experience
Section B: Staff and T eams Qualifications and Experience Section C: Understanding of Project and Scope
Section D: Local Preference
Section E: Forms
1 5
16 27
29 Section A: Firm
Qualifications and
Experience
1 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 30-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
30 Y ears in Business
52 Employees
FEIN: 33-0718153
CA DIR: 1000017460
Project Contact
John “Matt” Brudin, PE
Project Manager
Phone: (909) 890-1255
Fax: (909) 890-0995
[email protected]
Corporate Officers
John M. Brudin, PE - President
Moe Ahmadi, PE - Vice President
T rent Brudin, PE - Vice President/Secretary
Craig Brudin, LSIT , QSP - Vice President/T reasurer
Our Locations
San Bernardino County
(Headquarters)
1861 W. Redlands Blvd.

Redlands, CA 92373
Southwest Riverside County
41593 Winchester Rd., Ste. 200
T emecula, CA 92590
Coachella Valley
77-564 Country Club Dr.

Palm Desert, CA 92211
R
T
P
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 2,800 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 also holds a current business license in the City of Palm Springs (#OC-006634-2024).

ERSC in Plan Checking
ERSC has provided plan checking and special study review since 1996. ERSC’s plan checking clients include municipalities, government agencies, and special districts throughout the region. These clients benefit from the expertise of our team as we have processed plan checks for thousands of projects throughout our different clients in the region. With this kind of experience, we have reviewed concepts and designs throughout many different guidelines, conditions, and parameters. The ERSC team is confident in our ability to serve the City with outstanding service and form a relationship that will continue for many years to come. Our current plan check clients include:
• City of Banning (since 2018)
• City of Beaumont (since 2025)
• City of Chino (since 2016)
• City of Chino Hills (since 2022)
• City of Colton (since 2003)
• City of Eastvale (since 2022)
• City of Garden Grove (since 2010)
• City of Hesperia (since 2025)
• City of Huntington Beach (since 1997)
• City of Jurupa Valley (since 2025)
• City of Lake Elsinore (since 2016)
• City of Moreno Valley (since 2001)
• City of Ontario (Traffic) (since 2018)
• City of Palm Springs (since 2000)
• City of Rialto (since 2020)
• City of Tustin (since 2007)
• Coachella Valley Water District (since 2020)
• Jurupa Community Service District (since 2022)
Plan Check Software & Bluebeam REVU
ERSC utilizes Bluebeam Review to perform all plan check redlines. The software allows for clarity, precision, and speed in performing redlines for plan check projects. ERSC has utilized Bluebeam in various capacities since 2017, with complete migration of our team to the software in 2020. As a result, ERSC’s team can quickly adapt and onboard any of the City’s preferred software for reviewing and documenting plan checks. ERSC can also offer training in Bluebeam.

Qualified Professionals
ERSC’s team includes several professionals carrying state-issued licenses, including the following required by the subject RFP:
• John M. Brudin, PE - California Registered Civil Engineer • Robert Ollerton, PLS - California registered Land Surveyor • Feldronio Esperanza, PE - California Registered Civil Engineer • Joel Flasschoen, PE, LSIT - California Registered Civil Engineer • Trent Brudin, PE - California Registered Civil Engineer • Ben Booth, PE - California Registered Civil Engineer
• Richard Hernandez, PE, PLS - California Registered Civil Engineer & Land Surveyor
• Rusty Beardsley, TE - California Registered Traffic Engineer • Ruth Smith, TE, PTP - California Registered Traffic Engineer See Attachment A in the Forms section of this proposal for further details and proof of licensure. 2 Section A: Firm Qualifications and Experience
Acknowledgements
ERSC certifies that it has read, understands, and agrees to the terms of the sample contractual agreement included with the RFP , in particular those related to Conflict of Interest, Covenant Against Discrimination, and our firm’s financial capacity.

Similar Experience & References
Under an on-call professional services agreement with the City of Palm Springs, ERSC provides plan and map checking for development planned within the City. Specific tasks include reviewing improvement plans (including sewer plans), final subdivision maps, and other survey-related documents prepared by design consultants for accuracy, completeness, and conformance to local codes, ordinances, and design standards.

During ERSC’s tenure providing plan checking services, our firm has completed over 2,800 individual plan reviews. Matt Brudin has been the Project Manager and Plan Check team member since 2001.

PLAN CHECKING AND PROJECT MANAGEMENT
Project Term: 2000 - Ongoing | Contract Value (to date): $6.1M City of Palm Springs
Rick Minjares, Engineering Assoc.
(760) 323-8299
Main: (760) 323-8253
[email protected]
ERSC Project Manager:

John M. Brudin, PE
ERSC provides plan check and inspection services for CIP and development projects in the City of Banning. Since 2018 ERSC has completed over 500 individual plan check assignments in the City. This includes the 4,000-unit Atwell development, for which ERSC has reviewed all grading and improvement plans and all supporting special studies related to the project.

PLAN CHECK AND INSPECTION SERVICES
Project Term: 2018 - Ongoing | Contract Value (to date): $6.9M ERSC was contracted to provide on -call engineering plan review and technical support services to augment City staff and support ongoing growth and development. Our team provides comprehensive plan checking, entitlement review, and technical evaluation of public and private development projects, including grading, drainage, utilities, transportation, stormwater compliance, and subdivision mapping. Our approach emphasizes familiarity with local codes, procedures, and agencies, efficient electronic review processes, rigorous quality control, and proactive risk management to ensure timely, consistent, and objective reviews.

ON-CALL PLAN CHECK SERVICES
Project Term: 2025 - Ongoing | Contract Value (to date): $78,771 City of Banning
Nathan Smith, City Engineer
(951) 922-3130
[email protected]
Marc Valenzuela, Assoc. Civil Engineer
(951) 922-3123
[email protected]
ERSC Project Manager:

Trent Brudin, PE, QSD
City of Jurupa Valley
Paul Toor, PE, City Engineer
(951) 332-6464
[email protected]
Manny Gonzales, ADA Coordinator
(951) 332-6464
[email protected]
ERSC Project Manager:

Lori Askew
ERSC has provided civil engineering plan check services to the City of Lake Elsinore since 2016. As part of an on-call contract with the City, ERSC reviews improvement plans and documents submitted during land development efforts in the City. During ERSC’s tenure, staff have reviewed over 350 individual plans and studies. ERSC is responsible for the review of Traffic Signal Plans, Improvement Plans, Grading Plans, Final Maps and Parcel Maps, Dedications, Easements, Vacations, Quitclaims, Parcel Mergers, Lot Line Adjustments, WQMP Submittals, Hydrology and Hydraulic Studies, HEC-5 Studies, Traffic Analyses, Soil/Geotechnical Reports, Erosion Control Designs, and Review of Technical Specifications for Proposed Improvements within City Road Rights of Way.

ON-CALL PLAN CHECK SERVICES
Project Term: 2016 - Ongoing | Contract Value (to date): $2.1M City of Lake Elsinore
Yu Tagai, PE, Sr. Civil Engineer
(951) 674-3124
[email protected]
ERSC Project Team:

John M. Brudin, PE
Under an on-call agreement, ERSC provides civil engineering plan check services for various private and public development projects throughout the City. ERSC’s responsibilities include reviewing grading, street, sewer, water, landscaping, irrigation, streetlight, storm drain, traffic signal, and striping/signage plans. Survey and mapping review responsibilities include subdivision maps, easements, dedications, lot line adjustments, and parcel mergers. ERSC staff also review professional studies including, but not limited to, hydrology/hydraulic, sewer, traffic, geotechnical, stormwater pollution prevention/NPDES, and water quality management-related studies. Since 2020 ERSC has completed over 500 individual assignments in the City. This includes the 600-unit River Ranch Specific plan development, for which ERSC has reviewed all grading and improvement plans and all supporting special studies related to the project.

ERSC staff also provide various design and survey-related services during infrastructure projects throughout the City.

ON-CALL PLAN CHECK SERVICES
Project Term: 2020 - Ongoing | Contract Value (to date): $3.7M City of Rialto
Vince Girón, Engineering Manager
(909-820-8045)
[email protected]
ERSC Project Manager:

John M. Brudin, PE
3 Section A: Firm Qualifications and Experience
ERSC has provided civil engineering plan check, design, and inspection services to the City of Beaumont since in 2016. As a plan checking consultant, ERSC reviewed development projects, CIP projects, and WQMPs. Development plans ranged from 1-Million sqft commercial complexes to multiple lot subdivisions. ERSC regularly reviewed maps, plats, easements, lot line adjustments, parcel mergers, and other legal documents on behalf of the City.

ON-CALL PLAN CHECK AND ENGINEERING DESIGN SERVICES
Project Term: 2016 - Ongoing | Contract Value (to date): $605,687 City of Beaumont
Robert Vestal, Director of
Public Works/City Engineer
(951) 769-8522
[email protected]
Hugo Escobedo, Sr. Engineer
(951)769-8522
[email protected]
ERSC Project Manager:

John M. Brudin, PE
ERSC has provided as needed development plan check services to the Coachella Valley Water District since 2020. ERSC staff regularly review water, wastewater, recycled water, and storm drainage improvements submitted as a part of development activities in the District. ERSC is responsible for plan check for adherence to CVWD preference and design development manual specifications. ERSC has reviewed improvements to be operated and maintained by the District of over 25 large tract developments to date.

DEVELOPMENT PLAN CHECK SERVICES, PALM DESERT , CA
Project Term: 2020 - Ongoing | Contract Value (to date): $165,000 Coachella Valley Water District
Juan Medina
(760) 398-2661 ext. 2569
[email protected]
ERSC Project Manager:

Jeff Wall, PE
ERSC was contracted to provide engineering plan check services, primarily for private development projects in the Land Development Division on an as-needed basis. Review assignments include but are not limited to, the review of final maps, parcel maps, grading plans, erosion control plans, public infrastructure improvement plans, traffic control plans, easement and right of way documents, lot line adjustments, construction cost estimates, soils/geotechnical reports, and hydrologic/hydraulic studies prepared by engineering firms in conformance with the approved project conditions of approval, City standard engineering drawings, and the City’s Municipal Code.

AS-NEEDED ENGINEERING PLAN CHECK SERVICES
Project Term: 2001-Ongoing | Contract Value (current contract to date): $129,800 City of Moreno Valley
Harold Zamora, Asst. City Engineer
(951) 413-3106
[email protected]
ERSC Project Manager:

John M. Brudin, PE
ERSC was contracted to provide support for plan review efforts for various private developments proposed within the City of Hesperia. The work includes assisting City staff in the plan and independent reviews of technical studies and reports related to onsite and offsite improvements for adherence to plans, specifications, standards, and safety guidelines.

ENGINEERING & PUBLIC WORKS PLAN CHECK SERVICES
Project Term: 2025 - Ongoing | Contract Value (to date): $2,574

ON-CALL PLAN CHECK & CONSTRUCTION INSPECTION SERVICES
Project Term: 2024 - Ongoing | Contract Value: $325,055 City of Hesperia
Kevin Sin, Deputy City Engineer
(760) 947-1000
[email protected]
ERSC Project Manager:

John M. Brudin, PE
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.

City of Chino Hills
Michael Hofflinger
(909) 364-2777
[email protected]
Yvette Brunetto, Sr. Planning Analyst
(909) 364-2783
[email protected]
ERSC Project Manager:

John M. Brudin, PE
4 Section B: Staff and
T eams Qualifications
and Experience
5 Section B: Staff and T eams Qualifications and Experience 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. 30+ local supporting engineers and technicians
available for additional support upon request.

Moe Ahmadi, PE
Vice President
Drainage/Hydrology
Lori Askew
Sr. Principal Engineer
Improvement and Grading Plan Check
T rent Brudin, PE, QSD
Principal Engineer
WQMP
Jeff Wall, PE
Sr. Principal Engineer
Water/Sewer System Improvements
Reza T oorzani, PE
Sr. Principal Engineer
Structural
Ben Booth, PE
Engineer V
Improvement, Grading, Stormwater Quality, Hydrology
John M. Brudin, PE
Principal in Charge, Project Manager
Mina Bishara
Engineer V
Grading Plans
T ravis Moffatt, EIT
Engineer III
Storm Drain/Hydrology
Katherine Hernandez
Engineer III
Signing, Striping, Traffic Signals
Steve Wilson, QSD/CPESC
Sr. Engineering Associate
WQMP
John Ward
Sr. Engineering Associate
Improvement Plan Check
Felipe Primera
Sr. Engineering Associate
Maps and Legal Documents
Chris Vlahos
Engineering Associate III
Improvement and Grading Plan Check
Cassandra Silva
Operations Manager, Project Coordination
Feldronio Esperanza, PE
Assistant Principal Engineer
Improvement, Grading, Stormwater Quality, Hydrology
Ruth Smith, TE, PTP
Principal Engineer
Traffic Engineer, Traffic Studies and Reports
Rusty Beardsley, TE
Principal Engineer
Traffic/Transportation, Traffic Engineer
Robert Ollerton, PLS
Principal Surveyor
City Surveyor, Legal Documents, Map Review
Craig Brudin, QSP
Sr. Engineering Associate
Grading Plans, Legal Documents, Map Review
Joel Flasschoen, PE, LSIT
Engineer III
Legal Documents, Map Review
Key Staff
John “Matt” Brudin, PE
Matt has led ERSC in multiple plan check assignments in the region, including leading the ERSC team in providing plan check to the City of Palm Springs since 2001, Chino since 2016, Hemet since 1996, and many others with similar tenure. In that time, Matt spent what many would consider a career learning the unique requirements of the Inland Empire and desert regions. He will be assigned as Principal in Charge and Project Manager during the term of a potential agreement.

Firm Resources
ERSC is accustomed to the fluctuation in project demands in the discipline of plan review. 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.

Subconsultants
ERSC does not propose the use of any subconsultants. Should this change, a written request and qualifications will be provided to give the City the opportunity to review and approve any such selection. 6 Similar Project Experience:

On-Call Engineering Plan Check Services, City of Palm Springs, CA – Project Manager responsible for oversight of the plan check team during an on-call professional services agreement with the City of Palm Springs. Under an on-call professional services agreement, ERSC provides plan and map checking for the City’s development projects.

Specific tasks include the review of improvement plans, final subdivision maps, and other survey-related documents as prepared by design consultants for accuracy and completeness, conformance to local codes, ordinances, and design standards.

On-Call Plan Check Services, City of Jurupa Valley, CA - Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. ERSC was contracted to provide on -call engineering plan review and technical support services to augment City staff and support ongoing growth and development. Our team provides comprehensive plan checking, entitlement review, and technical evaluation of public and private development projects, including grading, drainage, utilities, transportation, stormwater compliance, and subdivision mapping.

John M. Brudin, PE | President
Education
BS, Civil Engineering, Loyola Marymount
University, Los Angeles, CA
Affiliations
American Public Works Association
Floodplain Management Association
Areas of Expertise
Water/Wastewater
Flood Control
Project Management
Quality Control
Over the past 40 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
Development Plan Check Services, Coachella Valley Water District, Palm Desert, CA - Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. ERSC was contracted to provide regular review of water, wastewater, recycled water, and storm drainage improvements submitted as a part of development activities in the District. ERSC is responsible for plan check for adherence to CVWD preference and design development manual specifications. We have reviewed improvements to be operated and maintained by the District of over 25 large tract developments to date. Our team also reviews water and sewer plans from private land development projects to CVWD standards and the Development Design Manual (DDM).

On-Call Plan Check Services, City of Chino Hills, CA - Principal in Charge and Project Manager responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. ERSC was contracted to provide On-Call Plan Check Services, including comprehensive review of CIP and development projects as well as associated improvement plans and studies.

Work also includes extensive reviews generated by the City’s 6th Cycle Housing Element, which includes an additional 3,729 housing units.

As-Needed Engineering Plan Check Services, City of Moreno Valley, CA - Principal in Charge and Project Manager responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. ERSC was contracted to support the City’s plan review efforts for various private developments proposed within City limits. The work includes assisting City staff in the plan and independent reviews of technical studies and reports related to onsite and offsite improvements for adherence to plans, specifications, standards, and safety guidelines.

On-Call Plan Check, Inspection and Design Services, City of Beaumont, CA – Principal in Charge and Project Manager responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. ERSC reviews development projects, CIP projects, and WQMPs. 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.

On-Call Plan Check and Inspection Services, City of Banning, CA – Principal in Charge responsible for oversight of ERSC’s team during plan check and inspection services of residential and development projects. ERSC was contracted to provide plan check services, including 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 approval for City projects, as needed.

On-Call Plan Check Services, City of Lake Elsinore, CA – Principal in Charge and Project Manager responsible for oversight of the plan check team during civil engineering plan check services. As part of an on-call contract with the City, ERSC provides review of the following plans and documents: Traffic Signal Plans; Improvement Plans; Grading Plans; Final Maps and Parcel Maps; Dedications, Easements; Vacations, Quitclaims; Parcel Mergers; Lot Line Adjustments; WQMP Submittals; Hydrology and Hydraulic Studies/Reports; HEC-5 Studies; Traffic Analyses, Studies, Reports; Soil/Geotechnical Studies/Reports; Alquist Priolo Studies/State Submittals; Erosion Control Designs; Review of Technical Specifications for Proposed Improvements within City Road Rights of Way.

On-Call Plan Check Services, City of Rialto, CA – Principal in Charge and Project Manager responsible for oversight of civil engineering plan check services of various private and public development items, consisting of improvement plans and professional studies. Under an on-call agreement, ERSC provides civil engineering plan check services for various private and public development projects throughout the City. Our responsibilities include reviewing grading, street, sewer, water, landscaping, irrigation, streetlight, storm drain, traffic signal, and striping/signage plans. Survey and mapping review responsibilities include subdivision maps, easements, dedications, lot line adjustments, and parcel mergers. ERSC staff also review professional studies, including, but not limited to, hydrology/hydraulic, sewer, traffic, geotechnical, stormwater pollution prevention/NPDES, and water quality management-related studies. 7 Section B: Staff and T eams Qualifications and Experience Similar Project Experience:
• Plan Checking and Project Management, City of Palm Springs – Operations Manager • On-Call Civil Engineering and Plan Check Services, City of Colton – Operations Manager
• General Plan Check Services, City of Chino – Operations Manager • On-Call Plan Check, Inspection and Design Services, City of Beaumont – Operations Manager
• On-Call Plan Check and Inspection Services, City of Banning – Operations Manager • On-Call Plan Check and Construction Inspection Services, City of Highland – Operations Manager
• On-Call Plan Check Services, City of Lake Elsinore – Operations Manager • Bloomington Business Park Lift Station and Forcemain, City of Rialto, CA - Operations Manager
• On-Call Plan Check and Construction Inspection Services, City of Chino Hills, CA - Operations Manager
• Development Plan Check Services, Coachella Valley Water District, Palm Desert, CA - Plan Check Coordinator
Cassandra Silva | Operations Manager
Education
Platt College - Paralegal Degree
Affiliations
Redlands Chamber of Commerce
Areas of Expertise
Project Management
Plan Check Coordination
Contract Coordination
Administrative Staff Training
Cassandra joined the ERSC team in 2018 bringing nearly two decades of experience leading and managing administrative teams in service of corporations and executive teams. Ms. Silva oversees ERSC’s Plan Check department, including contract coordination, client intake, systems training, task scheduling and tracking, and client relations. As ERSC’s Operations Manager she coordinates oversees daily office activities and functions including HR, IT, employee relations, facilities, scheduling, and C-suite support.

Similar Project Experience:
• On-Call Engineering Plan Check Services, City of Palm Springs, CA – Plan Reviewer • On-Call Plan Check Services, City of Jurupa Valley, CA - Plan Reviewer • Comprehensive Review of West Fontana Channel Project, Fontana, CA - Principal in Charge
• On-Call Plan Check Services, City of Chino Hills, CA - Plan Reviewer • General Plan Check Services, City of Chino, CA – Plan Reviewer • On-Call Plan Check, Inspection and Design Services, City of Beaumont, CA – Plan Reviewer
• On-Call Plan Check and Inspection Services, City of Banning, CA – Plan Reviewer • On-Call Civil Engineering and Plan Check Services, City of Colton, CA – Project Manager
• As-Needed Engineering Plan Check Services, City of Moreno Valley, CA - Plan Reviewer
• On-Call Plan Check and Construction Inspection Services, City of Highland, CA – Project Engineer
• On-Call Plan Check Services, City of Lake Elsinore, CA – Plan Reviewer • On-Call Plan Check Services, City of Rialto, CA – Plan Reviewer • Civil Engineering Plan Check Services, Hemet, CA – Project Engineer • Engineering & Public Works Plan Check Services, City of Hesperia, CA - Plan Reviewer Moe Ahmadi, PE, QSD | Vice President
Education
BS, Civil Engineering, Texas A&M University
College Station, TX
MS, Civil Engineering Construction
Management, Texas A&M University, College
Station, TX
Affiliations
American Society of Civil Engineers
National Society of Prof. Engineers
Areas of Expertise
AutoCAD 2024
CivilCAD Hydrology
Water Surface Profile Gradient (WSPG)
HEC-RAS Floodplain Analysis
Water Resources, Flood Control, Hydraulics
and Hydrology, Erosion Control
Mr. Ahmadi has over 30 years of experience with an extensive background and knowledge base in design and construction focused on drainage and water resources project. He has designed and overseen numerous complex projects including the preparation of plans, specifications and cost estimates for the construction of regional backbone flood control infrastructures, master drainage plans, flood control basins, flood control levees, sewer and water facilities, flood plain study, hydrology and hydraulics analysis. He also specializes in water quality and environmental compliance.

He is experienced in preparation of Storm Water Pollution Prevention Plans (SWPPP) for various residential, commercial, and industrial project within Southern California as required by the NPDES Industrial General Permit and Construction General Permit (CGP), which identifies BMPs used to reduce or eliminate potential pollutant discharges in storm water runoff. He has assisted clients with registering and submitting applications in the SMARTS System to obtain WDID numbers from the SWQCB prior to construction CA, Civil Engineer No. C58784
QSD/QSP No. 00706
8 Section B: Staff and T eams Qualifications and Experience Similar Project Experience:
• Plan Checking and Project Management, City of Palm Springs, CA - Plan Reviewer • On-Call Plan Check Services, City of Jurupa Valley, CA - Project Manager • On-Call Plan Check Services, City of Rialto, CA - Plan Reviewer • On-Call Plan Check Services, City of Chino Hills, CA - Plan Reviewer • Engineering & Public Works Plan Check Services, City of Hesperia, CA - Plan Reviewer • On-Call Plan Check Services, City of Lake Elsinore, CA - Plan Reviewer • Plan Check and Inspection Services, City of Banning, CA - Plan Reviewer • As-Needed Traffic Improvement Plan Check, City of Ontario, CA - Plan Reviewer Lori Askew | Sr. Principal Engineer
Education
BS, Civil Engineering, Michigan Technological
University, Houghton, MI
Areas of Expertise
Land Development
Municipal Engineering
Traffic and Transportation
Ms. Askew has over 30 years of experience in design and management of public and private improvement projects. She has spent the past 20 years as a local municipal employee in Public Works with the last eight years in an executive management position overseeing various levels of staff and consultants. She has managed Capital Improvement Program projects for streets, storm drains, water and sewer in addition to large land development projects with significant grading challenges. She is very knowledgeable in understanding the workings and challenges of local government and comprehends the constraints of various City funding sources such as Gas Tax, Measure A and SB1.

Ms. Askew has been city liaison to Western Riverside Council of Governments (WRCOG), Riverside County Flood Control & Water Conservation District, Caltrans, Riverside County Transportation Commission (RCTC), several water districts and school boards.

Similar Project Experience:
• Staff Augmentation Services, City of Banning, CA – Project Engineer • Plan Check and Inspection Services, City of Banning, CA - Project Manager • On-Call Plan Check Services, City of Jurupa Valley, CA - Plan Reviewer • On-Call Plan Check, Inspection, & Engineering Design Services, City of Beaumont, CA - Plan Reviewer
• As-Needed Engineering Plan Check Services, City of Moreno Valley, CA - Plan Reviewer
• Engineering & Public Works Plan Check Services, City of Hesperia, CA - Plan Reviewer Trent Brudin, PE, QSD | Principal Engineer
Education
BS, Civil Engineering, Loyola Marymount
University, Los Angeles, CA
Areas of Expertise
Water System
Modeling
Site Layout &
Geometrics
Hydrology & Drainage
AutoCAD Civil 3D
Traffic &
Transportation
Water & Wastewater
WQMP Preparation
SWPPP Compliance
SWPPP Development
Mr. Brudin is a Registered Civil Engineer in the states of California and Arizona. He was introduced to the industry as an intern at Lake Hemet Municipal Water District. Since then, he has held positions as Project Engineer at C.W. Driver, and Associate Civil Engineer at Parsons Corporation. Trent joined ERSC and has since applied his talents to projects across our core disciplines and to leading our engineering team. Trent is a highly skilled engineer assisting in the management of a wide variety of projects at ERSC. Trent regularly performs complex design level tasks on water resources, civil site design, and transportation related projects included hydrology studies, drainage design, site grading, geometric site layout, WQMP and SWPPP documentation, intersection improvements, traffic signal modifications, water and wastewater pipeline design, and water feasibility studies CA, Professional Engineer No.90924
AZ, Professional Engineer No. 73812
QSD No. C90924
Similar Project Experience:
• Engineering & Public Works Plan Check Services, City of Hesperia, CA - Plan Reviewer • Development Plan Check Services, Coachella Valley Water District, Palm Desert, CA - Project Manager
• On-Call Plan Check Services, City of Jurupa Valley, CA - Plan Reviewer • On-Call Plan Check Services, Jurupa Community Services District, Jurupa Valley, CA - Plan Reviewer
• On-Call Plan Check, Inspection, and Engineering Design Services, City of Beaumont, CA - Plan Reviewer
• Bloomington Business Park Lift Station and Forcemain, City of Rialto, CA - Plan Reviewer
Jeff D. Wall, PE | Sr. Principal Engineer
Education
Masters Degree in Public Administration;
California State University, San Bernardino
B.S. Electrical Engineering Technology;
LeTourneau College, Longview, TX
Affiliations
American Public Works Association
Mr. Wall joined the ERSC team as an accomplished, results oriented manager with 14 years of proven success directing engineering, operations, and maintenance staffs in both large and medium size municipal water districts through innovation, optimization, performance management, and leadership. His experienece includes developing and managing multi million dollar budgets for multiple water district operations and maintenance departments, implementing tiered water rates, automated meter reading, on-line bill payment, and asset databases, and managing pipe replacement bond programs, and wastewater capital improvement programs.

CA, Civil Engineer No. C51914
9 Section B: Staff and T eams Qualifications and Experience Reza Toorzani, PE | Principal Engineer
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 45 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 ERSC, 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:
• On-Call Engineering Plan Check Services, City of Palm Springs - Project Engineer • Comprehensive Review of West Fontana Channel Project, Fontana, CA - Plan Reviewer
• On-Call Plan Check Services, City of Lake Elsinore, CA - Plan Reviewer • General Plan Check Services, City of Chino, CA - Plan Reviewer • On-Call Plan Check Services, Jurupa Community Services District, Jurupa Valley, CA - Plan Reviewer
• Engineering & Public Works Plan Check Services, City of Hesperia, CA - Plan Reviewer • On-Call Plan Check Services, City of Rialto - Project Engineer • On-Call Civil Engineering and Plan Check Services, City of Colton- Project Engineer • On-Call Plan Check and Construction Inspection Services, City of Highland - Project Engineer
• On-Call Plan Check and Inspection Services, City of Banning – Project Engineer Similar Project Experience:
• On-Call Plan Check Services, City of Rialto, CA - Plan Reviewer • Comprehensive Review of West Fontana Channel Project, Fontana, CA - Plan Reviewer
• Engineering & Public Works Plan Check Services, City of Hesperia, CA - Plan Reviewer • Plan Check and Inspection Services, City of Banning, CA - Plan Reviewer • On-Call Plan Check Services, City of Lake Elsinore, CA - Plan Reviewer • On-Call Plan Check Services, City of Jurupa Valley, CA - Plan Reviewer Ben Booth, PE, QSD | Engineer V
Education
BS, Civil Engineering, Arizona State University,
Tempe, AZ
Areas of Expertise
Active Transportation Projects
Drainage, Flood Control, Hydrology/Hydraulics
Street Improvements, Pavement Rehabilitation
Construction Management and Inspection
Land Development Services
Mr. Booth has a broad base of experience in various civil disciplines, such as active transportation, street improvements, site development, pavement rehabilitation, grading and drainage, water quality, and construction management 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 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 design and construction services include the following significant assignments.

CA, Professional Engineer No.92625
QSD No. C92625
10 Section B: Staff and T eams Qualifications and Experience Assignments Under Previous Employment:

Cannon Corp, Irvine, CA - Senior plan check engineer responsible for grading, street utilities, drainage, and water quality. Reviewed and ensured compliance with local, state, and federal regulations. Coordinated with engineer and city officials to streamline project approvals.

MDS Consulting, Irvine, CA - Project Manager responsible for developing, reviewing, and designing drainage projects while training civil engineers as a Senior Drainage Engineer.

Managed and oversaw land development projects for commercial and residential sites across LA County, Orange County, Riverside County, and San Bernardino County.

Conducted site feasibility studies, entitlement, and final engineering for master- planned developments. Designed grading, utilities, on-site water management facilities, drainage studies, stormwater management systems, and hydrologic analysis. Developed construction cost estimates and coordinated project phases with contractors and stakeholders.

Feldronio Esperanza, PE | Assistant Principal Engineer
Areas of Expertise
Infrastructure Design
Stakeholder Management
Site Planning
Water Quality, Hydrology, Pipelines
Hydraulics
ArcGIS
Construction Estimating
Grading
Streets & Highway Design
Erosion Control
WSPG
Revit
CAD
Bluebeam
Regulatory Compliance
SWPPP
AES Advance Engineering Software
Autodesk
Mr. Esperanza brings more than 40 years experience in civil engineering, including land development and specializing in hydrology, hydraulics, water quality, land development and infrastructure design. He has a proven track record managing large-scale commercial and residential projects, with expertise in grading, utilities, and stormwater management. Feldribo is adept at overseeing projects from feasibility studies to final engineering, ensuring compliance with all regulatory requirements.

CA Registered Engineer #55246
Similar Project Experience:
• Plan Checking and Project Management, City of Palm Springs, CA - Plan Reviewer • Plan Check and Inspection Services, City of Banning, CA - Plan Reviewer • On-Call Plan Check Services, City of Jurupa Valley, CA - Plan Reviewer • On-Call Plan Check, Inspection, & Engineering Design Services, City of Beaumont, CA - Plan Reviewer
• On-Call Plan Check Services, Jurupa Community Services District, Jurupa Valley, CA - Plan Reviewer
Ruth Smith, TE, PTP | Senior Traffic Engineer
Education
BS, Civil Engineering, California State
Polytechnic University, Pomona
Areas of Expertise
AutoCAD
Transportation Planning & Traffic Studies
Traffic Counts & Calming
Signing & Striping
Temp Traffic Control
Traffic Warrants
SRTS Studies, Planning, & Establishment
Accident Investigations
Traffic & Parking Studies
Traffic Diversion & Calming
Complete Streets
Traffic & Parking Management Control Plans
Ruth is an experienced traffic engineer and transportation planner with over 40 years of experience. She began her career in the private sector, then moved to the public sector as a Sr. Traffic Engineer for the City of Santa Ana for 14 years. Ruth returned to the private sector, preparing traffic impact studies and performing traffic engineering and transportation planning duties for client cities, including serving as contract City Traffic Engineer. She also has a rich background in neighborhood traffic plans, starting with managing the Neighborhood Traffic Management Plan, Speed Hump and Permit Parking programs in the City of Santa Ana, to more recently assisting the Cities of Eastvale, Costa Mesa, Compton, Temecula, Brea, and San Marino in preparing neighborhood traffic plans to reduce cut-through traffic and speeding. Ruth is also expert in preparing Engineering and Traffic Surveys (E&TS) to set speed limits and keeps up to date with the new laws. She prepared E&TSs for the Cities of El Monte, Eastvale and Antioch. Ruth is also experienced in preparing reimbursement documents for Caltrans and Orange County Transportation Authority (OCTA) grant-funded projects, primarily for the City of Costa Mesa. She is also skilled in reviewing signing and striping plans and traffic control plans, which she has recently done for the Cities of Rancho Palos Verdes, Fountain Valley, Pomona, Vallejo, Eastvale and Compton. Ruth is also experienced in preparing and reviewing a variety of traffic studies, including traffic collision analyses, stop sign and signal warrants, parking studies and trip generation studies.

Registered Professional Engineer CA # TR1650
Professional Transportation Planner (PTP)
Huitt Zollars (Williamson and Schmid), Irvine, CA - Design Engineer responsible for grading and drainage systems for land development projects, focusing on commercial and residential sectors. Prepared street plans, including geometric layout, structural sections, drainage, sewer, and water designs. Ensured ADA compliance and performed hydrology studies and hydraulic design for various projects.

Adams Streeter, Irvine, CA - Design Engineer tasked with planning and designing residential development projects, including street, storm drain, sewer, and water systems. Conducted hydrology studies and hydraulic designs to ensure project efficacy. Estimated construction costs for various phases, ensuring projects stayed within budget.

Fuscoe Engineering (Fuscoe Williams Lindgren and Short), Irvine, CA - Design Engineer/Drafter responsible for land development projects. Supported the lead hydrologist in conducting hydrology studies and inputting hydraulic data. 11 Section B: Staff and T eams Qualifications and Experience Similar Project Experience:
• On-Call Engineering Plan Check Services, City of Palm Springs - Plan Reviewer • General Plan Check Services, City of Chino - Plan Reviewer • On-Call Civil Engineering and Plan Check Services, City of Colton - Plan Reviewer • As-Needed Traffic Improvement Plan Check, City of Ontario - Plan Reviewer • On-Call Plan Check Services, City of Lake Elsinore - Plan Reviewer • On-Call Plan Check and Inspection Services, City of Banning - Plan Reviewer • On-Call Plan Check Services, City of Chino Hills, CA - Plan Reviewer WJ “Rusty” Beardsley, TE | Principal Engineer
Mr. Beardsley has worked as a City Traffic Engineer for various cities in the Southland over the past 35 years. Rusty provides quality designs for new and modified traffic signals, worksite traffic control, and signing/striping for agencies throughout the Southland. He has provided these services to the Cities of Pomona, La Quinta, Lake Elsinore, Laguna Nigel and Placentia. As such, he has been responsible for reviewing all traffic related plans for appropriate design, reviewing all traffic studies, developing and implementing proper signal timing and overseeing traffic signal maintenance.

CA, Traffic Engineer No. 1784
Similar Project Experience:
• Plan Checking and Project Management, City of Palm Springs, CA - Principal Surveyor • On-Call Plan Check Services, City of Jurupa Valley, CA - Principal Surveyor • On-Call Plan Check Services, City of Rialto, CA - Plan Reviewer • General Plan Check Services, City of Chino, CA - Principal Surveyor • On-Call Plan Check, Inspection, & Engineering Design Services, City of Beaumont, CA - Principal Surveyor
• Plan Check & Inspection Services, City of Banning, CA - Principal Surveyor • On-Call Plan Check Services, City of Chino Hills, CA - Plan Reviewer • As-Needed Engineering Plan Check, City of Moreno Valley, CA - Plan Reviewer • On-Call Civil Engineering & Plan Check Services, City of Colton, CA – Principal Surveyor • On-Call Plan Check & Construction Inspection Services, City of Highland, CA – Principal Surveyor
• Engineering & Public Works Plan Check, City of Hesperia, CA - Principal Surveyor Robert Ollerton, PLS | Principal Surveyor
Education
Civil Engineering & Land Surveying
Coursework, University of California at
Riverside, Riverside, CA
Areas of Expertise
Civil3D
MicroStation
ArcGIS
Boundary Surveying
Right-Of-Way & Easements
Construction Surveying
Topographic Mapping
Consulting Surveyor to Municipal Agencies
Land Development and Entitlements
Robert has over 39 years of professional experience in land surveying for municipal agencies. He has managed a wide variety of land survey projects including surveys for topographic mapping, geodetic control, right of-way, boundary, construction projects, and public utility. Most recently, Robert’s responsibilities as the Principal Surveyor include the management and coordination of construction staking contracts for civil engineering projects, boundary surveys, title analysis, topographic mapping, detailed design surveys, ALTA Surveys and mapping. Since joining ERSC, Robert’s wide range of skills and background have enabled ERSC to provide clients with localized and personalized service, keeping true to ERSC’s philosophy of dedication to customer service and satisfaction.

CA, Land Surveyor No. 7731
Similar Project Experience:
• Plan Checking and Project Management, City of Palm Springs, CA – Plan Reviewer • On-Call Civil Engineering & Plan Check Services, City of Colton, CA – Project Engineer • On-Call Plan Check, Inspection & Design Services, City of Beaumont, CA – Project Engineer
• On-Call Plan Check & Inspection Services, City of Banning, CA – Project Engineer • On-Call Plan Check Services, City of Jurupa Valley, CA - Project Engineer • Development Plan Check Services, Coachella Valley Water District, Palm Desert, CA - Plan Reviewer
• On-Call Plan Check & Construction Inspection Services, City of Highland, CA – Project Engineer
• On-Call Plan Check Services, City of Lake Elsinore, CA – Project Engineer • On-Call Plan Check & Construction Inspection, City of Chino Hills, CA - Plan Reviewer • Engineering & Public Works Plan Check Services, City of Hesperia, CA - Plan Reviewer • As-Needed Plan Check Services, City of Moreno Valley, CA - Plan Reviewer Craig Brudin, QSP , LSIT | Director of Operations
Education
BS, Environmental Policy & Management
BA, Business Managerial Studies
Affiliations
CASQA
Areas of Expertise
Land Survey & Mapping
Erosion & Sediment Control
Water Quality
Improvement Plan Check
Construction Management
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.

As a part of ERSC’s survey and geospatial department, Mr. Brudin acts as party chief and oversees mapping efforts during various projects. He is in oversight of field work related to boundary, topographic, and control surveys for ERSC’s team.

LSIT Certificate, State of CA
CA, QSP No. 26269
CESSWI No. 4852
CA DRE Real Estate Sales Person 02212819
12 Section B: Staff and T eams Qualifications and Experience Similar Project Experience:
• On-Call Engineering Plan Check Services, City of Palm Springs - Plan Reviewer • On-Call Plan Check Services, City of Rialto, CA - Plan Reviewer • On-Call Plan Check Services, City of Chino Hills, CA - Plan Reviewer • Survey for Casmalia Street Lighting Project, San Bernardino County Department of Public Works, Special Districts, CA - Project Surveyor
• Hubert Eaton Scout Reservation, Lot Line Adjustment – Under previous employment, Assistant Project Engineer and Assistant Project Manager • On-Call Land Surveying, Public Right of Way (ROW) Easements, City of San Bernardino, CA – Under previous employment, Assistant Project Engineer and Assistant Project Manager
• Records of Survey, US Forest Service Lands, San Bernardino National Forest, CA - Under previous employment, Assistant Project Engineer and Assistant Project Manager
• Contract HSR22-44 Right of Way Engineering and Survey Support Services–CPs 1, 2-3, and 4 - California High-Speed Rail Authority (CHSRA) – Under previous employment, Assistant Project Engineer and Assistant Project Manager Joel Flasschoen, PE, LSIT | Engineer III
Education
MS, Civil Engineering, Transportation
Engineering Program, University of California,
Berkeley
BS, Civil Engineering, California State
Polytechnic University, Pomona
Areas of Expertise
Autodesk AutoCAD
Civil 3D
Map 3D
Adobe Creative Suite
Bluebeam Revu 21
Cubic Synchro
Frontier RingCentral
Mr. Flasschoen joined ERSC bringing more than a decade of experience providing professional civil engineering services to clients throughout Southern California. His experience focuses on the disciplines of Traffic and Transportation Engineering and Land Surveying Services; however, his professional skills extend to Civil Site Design and general engineering tasks.

CA – Professional Civil Engineer No. C 85616
CA – Land Surveyor-in-Training No. LST 9258
Similar Project Experience:
• On-Call Engineering Plan Check Services, City of Palm Springs - Plan Reviewer • On-Call Plan Check Services, City of Jurupa Valley, CA - Plan Reviewer • On-Call Plan Check Services, City of Lake Elsinore - Plan Reviewer • On-Call Plan Check, Inspection, & Engineering Design Services, City of Beaumont, CA - Plan Reviewer
• On-Call Plan Check and Inspection Services, City of Banning - Plan Reviewer • On-Call Plan Check Services, City of Chino Hills, CA - Plan Reviewer • As-Needed Engineering Plan Check Services, City of Moreno Valley, CA - Plan Reviewer
• Engineering & Public Works Plan Check Services, City of Hesperia, CA - Plan Reviewer Mina Bishara | Engineer V
Education
BS, Civil Engineering, California Baptist
University, Riverside, CA
Areas of Expertise
Excel
GIS
AutoCAD
SMARTS
Excella
PermitsPlus
Mr. Bishara is an experienced Civil Engineer with over eight years of experience in fields such as grading, hydrology, soils engineering, surveying, and construction management. He has worked in local government and private sector, offering a multi-faceted perspective for project development. Mina is skilled at reading grading plans, street improvement plans, survey maps, and easements, analytical thinking and problemsolving, and communication and presentations.

Similar Project Experience:
• Plan Checking & Project Management, City of Palm Springs, CA - Plan Reviewer • Plan Check & Inspection Services, City of Banning, CA - Plan Reviewer • On-Call Plan Check Services, City of Jurupa Valley, CA - Plan Reviewer • On-Call Plan Check Services, City of Rialto, CA - Plan Reviewer • On-Call Plan Check Services, City of Lake Elsinore, CA - Plan Reviewer • General Plan Check Services, City of Chino, CA - Plan Reviewer • On-Call Plan Check Services, City of Chino Hills, CA - Plan Reviewer • As-Needed Engineering Plan Check, City of Moreno Valley, CA - Plan Reviewer • On-Call Civil Engineering & Plan Check Services, City of Colton, CA – Plan Reviewer • Engineering & Public Works Plan Check Services, City of Hesperia, CA - Plan Reviewer Travis Moffatt, EIT | Engineer III
Education
California Baptist University, Civil Engineering
Affiliations
AutoCAD
CIVILD
GeoHEC-RAS

HEC-RAS
Travis Moffatt first joined ERSC as an intern during his collegiate journey. He is now a permanent member of our design team, having earned his EIT.

Travis continues to expand his engineering toolkit by performing various engineering tasks such as AutoCAD drafting, hydrology calculations with CIVILD, analysis using GeoHEC-RAS and HEC-RAS, Excel calculations and spreadsheets, surveying and project coordination for plan checks.

EIT #174538
13 Section B: Staff and T eams Qualifications and Experience Similar Project Experience:
• On-Call Engineering Plan Check Services, City of Palm Springs - Plan Reviewer • On-Call Plan Check Services, City of Jurupa Valley, CA - Plan Reviewer • On-Call Plan Check Services, City of Rialto, CA - Plan Reviewer • On-Call Plan Check Services, City of Chino Hills, CA - Plan Reviewer • General Plan Check Services, City of Chino, CA - Plan Reviewer • Development Plan Check Services, Coachella Valley Water District, Palm Desert, CA - Plan Reviewer
• As-Needed Engineering Plan Check, City of Moreno Valley, CA - Plan Reviewer • As-Needed Traffic Improvement Plan Check, City of Ontario, CA - Plan Reviewer • Plan Check & Inspection Services, City of Banning, CA - Plan Reviewer • On-Call Plan Check, Inspection, & Engineering Design Services, City of Beaumont, CA - Plan Reviewer
Katherine Hernandez | Engineer III
Education
BS, Geographic and Environmental
Engineering, University of Applied and
Environmental Sciences (UDCA), Bogotá,
Colombia
Areas of Expertise
Spatial Analysis
Data Visualization
Environmental
Analysis
Water Resources
Planning
Site Layout &
Geometrics
AutoCAD Civil 3D
Traffic &
Transportation
Ms. Hernandez joined the ERSC team as an Engineer I in 2019, bringing a strong background in geographic and environmental engineering. She specializes in addressing environmental, geographical, and territorial resource issues, focusing on sustainable development and territorial planning.

Her expertise includes roadway design rehabilitation, ADA compliance improvements, geometric design (both horizontal and vertical), and traffic and transportation systems. Katherine regularly performs complex design-level tasks on civil site design and transportation-related projects, including civil site grading, drainage design, geometric site layout, WQMP and SWPPP documentation, and intersection improvements.Similar Project Experience:
• Plan Checking & Project Management, City of Palm Springs, CA - Plan Reviewer • On-Call Plan Check Services, City of Jurupa Valley, CA - Plan Reviewer • On-Call Plan Check Services, City of Rialto, CA - Plan Reviewer • General Plan Check Services, City of Chino, CA - Plan Reviewer • On-Call Plan Check, Inspection, & Engineering Design Services, City of Beaumont, CA - Plan Reviewer
• Plan Check & Inspection Services, City of Banning, CA - Plan Reviewer • On-Call Plan Check Services, City of Chino Hills, CA - Plan Reviewer • As-Needed Engineering Plan Check, City of Moreno Valley, CA - Plan Reviewer • On-Call Civil Engineering and Plan Check Services, City of Colton, CA – Plan Reviewer • On-Call Plan Check & Construction Inspection, City of Highland, CA – Plan Reviewer • On-Call Plan Check Services, City of Lake Elsinore, CA - Plan Reviewer • Engineering & Public Works Plan Check Services, City of Hesperia, CA - Plan Reviewer Stephen Wilson, QSD/CPESC | Sr. Engineering Associate
Education
BS, Soil Science with Chemistry Minor,
California State Polytechnical University
Pomona, CA,
Areas of Expertise
Water Resources Engineering
Flood Control Engineering
Hydraulics and Hydrology
Erosion Control
Mr. Wilson joined ERSC in March 2019, bringing over 27 years of public service experience and expertise to our firm. During his career, he played an integral part in administration, coordination and implementation of NPDES Permit Programs for the Cities of Chino and Ontario. His background also includes industrial waste inspection services related to wastewater treatment systems and laboratory analysis relating to quantitative measurements of fungicide residues on agricultural products.

Certified Professional in Erosion and Sediment
Control, Certificate No. 5365
QSD/QSP , Certificate No. 20495
Certified in Hazardous Materials Management
Similar Project Experience:
• On-Call Engineering Plan Check Services, City of Palm Springs - Plan Reviewer • Engineering & Public Works Plan Check Services, City of Hesperia, CA - Plan Reviewer • Plan Check & Inspection Services, City of Banning, CA - Plan Reviewer • On-Call Plan Check Services, City of Rialto, CA - Plan Reviewer • Development Plan Check, Coachella Valley Water District, Palm Desert, CA - Plan Reviewer
• On-Call Plan Check, Jurupa Community Services District, Jurupa Valley, CA - Plan Reviewer
• On-Call Plan Check Services, City of Chino Hills, CA - Plan Reviewer • On-Call Plan Check, Inspection, & Engineering Design Services, City of Beaumont, CA - Plan Reviewer
John Ward | Sr. Engineering Associate
Education
Bachelor of Science, Information Systems
- Systems Engineering, California Baptist
University, Riverside, CA
AS Degree, Engineering, Mt. San Jacinto
College, San Jacinto, CA
Affiliations
Microsoft Certified Professional MCP #277993
Windows NT Workstation Windows NT Server
Mr. Ward joined ERSC following a 35-year career of successful programs, projects, and process improvements for a local water district, successfully pursuing hundreds of millions in grants and loans, managing the capital improvement program with an average annual budget of $105M, and successfully acquiring 220 acres of fee-owned property in support of the Capital Improvement Program. His leadership skills directing, organizing, and motivating staff contribute to his identifying, pursuing, and administering external funding opportunities in support of capital, technology, and conservation programs. Mr. Ward demonstrates an ability to design and implement effective project controls to manage scope, schedule, and budget of robust capital programs. He brings an ability to manage all facets of Real Property including acquisition, management, and disposition of fee-title property and easements.
14 Section B: Staff and T eams Qualifications and Experience Similar Project Experience:
• On-Call Engineering Plan Check Services, City of Palm Springs - Plan Reviewer • On-Call Plan Check Services, City of Jurupa Valley, CA - Plan Reviewer • On-Call Plan Check Services, City of Rialto, CA - Plan Reviewer • Development Plan Check, Coachella Valley Water District, Palm Desert, CA - Plan Reviewer
• General Plan Check Services, City of Chino – Plan Reviewer • On-Call Civil Engineering & Plan Check Services, City of Colton – Plan Reviewer • On-Call Plan Check, Jurupa Community Services District, Jurupa Valley, CA - Plan Reviewer
• On-Call Plan Check Services, City of Lake Elsinore - Plan Reviewer • On-Call Plan Check & Inspection Services, City of Banning - Plan Reviewer • On-Call Plan Check Services, City of Chino Hills, CA - Plan Reviewer • As-Needed Engineering Plan Check, City of Moreno Valley, CA - Plan Reviewer • On-Call Plan Check, Inspection & Design, City of Beaumont – Project Engineer • On-Call Plan Check & Construction Inspection, City of Highland – Project Engineer • Engineering & Public Works Plan Check, City of Hesperia, CA - Project Engineer Felipe Primera | Sr. Engineering Associate
Education
Bachelor of Arts - Graphic Design & Marketing
- California State University San Bernardino
Areas of Expertise
AutoCAD
MicroStation
Civil 3D
Adobe Creative Suite: Acrobat; Audition;
InDesign; Illustrator; PhotoShop
Felipe is an skilled professional possessing Civil Engineering experience with AutoCAD and MicroStation. Mr. Primera excels at researching and processing public right-of-way and easements, dedications and vacations, and adjustment of lot boundaries, while using the latest software technology available. He is tenacious with research, and strives for efficiency and professionalism when completing assignments. He has worked in both the private and public sector.

Similar Project Experience:
• Plan Checking & Project Management, City of Palm Springs, CA - Plan Reviewer • On-Call Plan Check Services, City of Rialto, CA - Plan Reviewer • On-Call Plan Check, Inspection, & Engineering Design, City of Beaumont, CA - Plan Reviewer
• On-Call Plan Check Services, City of Chino Hills, CA - Plan Reviewer • Plan Check & Inspection Services, City of Banning, CA - Plan Reviewer • On-Call Plan Check Services, City of Lake Elsinore, CA - Plan Reviewer • On-Call Plan Check Services, City of Jurupa Valley, CA - Plan Reviewer • As-Needed Engineering Plan Check, City of Moreno Valley, CA - Plan Reviewer • Engineering Plan Check, Schoolhouse Manufacturing - Plan Reviewer • Roripaugh Ranch Plan Check and Map Review, City of Temecula, CA - Plan Reviewer • Temecula Hospital Plan and Map Review, City of Temecula, CA - Plan Reviewer Chris Vlahos | Engineering Associate III
Education
Bachelor of Science, Business Management -
University of Phoenix
Areas of Expertise
Improvement Plan Check
Survey and Mapping
Grading Design
Water Quality
Project Management
AutoCAD 3D
Rev-it
Microsoft Office
Adobe Photoshop
Bluebeam
Mr. Vlahos is a technically skilled professional with more than 40 years of experience providing engineering design and plan review services. Chris is reliable, consistent, and valued for multitasking, organization, and exemplary customer service. He delivers timely, efficient results with a keen eye for detail and combines a strong work ethic, professional demeanor, and adaptability. His experience includes reviewing civil engineering improvement plans submitted for review, correction, and ultimate public works approval. Chris has reviewed various legal descriptions for easements, rights-of-way, and property boundaries submitted for approval and recordation from the County Recorder. He has also reviewed WQMPs submitted for review and approval for land development projects.
15 Section C:

Understanding of
Project and Scope
16 Section C: Understanding of Project and Scope
Project Understanding
ERSC understands that the City of Palm Springs is seeking a qualified firm to provide on-call civil engineering plan check services in support of its Engineering Services Department. The selected consultant will independently review improvement plans, subdivision maps, and technical studies associated with private development activity within the City. ERSC will serve as an extension of City staff to guide projects through the approval process thoroughly, consistently, and efficiently.

ERSC recognizes that development is fundamental to long-term community growth. Developers commit significant time and capital to projects that shape the fabric of a city, and the plan check process plays a critical role in ensuring those investments result in safe, compatible, and well-engineered outcomes. ERSC approaches each assignment as a partner to both the City and all stakeholders. Our approach upholds the City’s standards and protects the public interest while guiding each project to approval as efficiently as possible.

ERSC and the City of Palm Springs
ERSC has been providing civil engineering plan check services to the City of Palm Springs since 2001. ERSC’s team has processed over 2,800 individual project-related reviews, including grading, street, storm drain, sewer, traffic signals, and various supporting studies, as well as maps and technical studies. Several of our staff have supported the City’s Engineering Services Department for over 20 years, carrying the kind of institutional knowledge of the City’s standards and requirements that positions ERSC to transition seamlessly into the new contract.

ERSC also provides a broad range of civil engineering and land surveying services throughout Palm Springs and the public agencies serving the Coachella Valley, giving our team a firsthand understanding of the region’s development landscape, infrastructure standards, and the unique conditions that influence project design and review.

Key and Critical Issues
Palm Springs has unique advantages that distinguish it from most Southern California communities. The City’s physical location at the base of the San Jacinto and Santa Rosa Mountains, the natural desert environment and geographic features of the valley, the Whitewater River Watershed, the City’s strategic partnership with the Agua Caliente Band of Cahuilla Indians, and its status as a nationally recognized destination all combine to create a community that demands careful and informed plan review. The critical issues outlined below reflect conditions that require special consideration and that ERSC has navigated firsthand through over two decades of continuous service to the City.

Conditions of Approval
ERSC staff understand the importance of ensuring that all Conditions of Approval (COAs) are fully incorporated into the design of each project. The conditions document how the developer has complied with requirements placed on the project by the City’s Planning Commission and City Council to mitigate the project’s impacts. This requires a complete and thorough review of COAs issued by the Public Works and Engineering Departments, as well as those issued by the Planning and Fire Departments for conditions that may directly or indirectly affect the engineering review. ERSC’s practice is to obtain and review the complete COA set at the outset of each plan check assignment to ensure that no conditions are overlooked in subsequent reviews.

City Municipal Code and Development Standards
ERSC’s working knowledge of the Palm Springs Municipal Code and adopted development standards is essential in the review of engineering plans and documents submitted to the City. The sections and standards most frequently referenced in our experience are summarized below.

Municipal Code Section 8.70.100 – Onsite Stormwater Retention This section establishes onsite retention requirements for new development within the City. Adopted pursuant to Colorado River Basin RWQCB Order No. R7-2008-0001 as an NPDES compliance alternative, the ordinance sets forth different retention standards based on development type, as well as site-specific percolation rates and planning conditions. In most cases, retention facilities must be sized to retain the volumetric difference between pre- and post-development runoff for the applicable design storm. Proper application of this ordinance may reduce or eliminate certain Site Design BMP , stormwater treatment, and hydromodification requirements otherwise imposed under the Whitewater River Region WQMP , resulting in meaningful cost savings for developers and the City alike.

Municipal Code – Chapter 93, Zoning Code
ERSC references the City’s Zoning Code regularly in the review of grading plans and on-site improvement plans. Commonly referenced provisions include hillside development standards, circulation and access design, off-street parking layout and dimensions, and trash enclosure requirements.

City Standard Drawings and Plan Check Sheets
The City of Palm Springs Engineering Services Department maintains a comprehensive library of Standard Drawings and Plan Check Sheets that serve as the primary technical reference for all improvement plan review. These documents are organized by discipline and cover drafting standards, standard practice, Portland cement concrete, standard street sections, sewer and drainage appurtenances, traffic regulation, right-of-way, and electrical within the public right-of-way, among others. Several of these documents were recently updated, and ERSC maintains current versions of all applicable documents as part of our active plan check library for the City. Our familiarity with these documents and their revision history ensures that our reviews reference the most current City standards at all times.
2025 California Building Standards Code (Title 24)
Effective January 1, 2026, the City of Palm Springs requires all new plan review and permit applications to comply with the 2025 California Building Standards Code (Title 24, California Code of Regulations) and the City’s adopted Municipal Code. The 2025 edition 17 Section C: Understanding of Project and Scope
was adopted by the City Council in December 2025, with local amendments including a revised fire response travel-time standard.

ERSC’s plan check team is current on the 2025 Title 24 changes and applies the updated code standards to all applicable reviews submitted under the new contract term.

ZONE Palm Springs Comprehensive Zoning Code Update
The City of Palm Springs is currently undertaking its first comprehensive update to its Zoning Code since 1988, through a community- led process known as ZONE Palm Springs. The update incorporates the City’s General Plan 2040 and the 2021–2029 Housing Element, updated in 2024, and is expected to modernize development standards related to smart growth, affordable housing, building height, parking, and land use compatibility. ERSC is monitoring this process closely, as adoption of the new Zoning Code will directly affect the development standards applied during plan check review.

General Plan 2040 and Housing Element
The City’s General Plan 2040, updated in 2025, establishes the long-range vision for Palm Springs’ physical development, including land use, circulation, open space, and infrastructure policies that directly influence the types and locations of projects submitted for plan check review. The City’s 2021–2029 Housing Element, updated in 2024, further identifies sites and programs to accommodate the City’s Regional Housing Needs Allocation, creating a pipeline of residential development activity that will generate plan check assignments throughout the contract term. ERSC’s familiarity with the General Plan’s circulation and infrastructure policies supports accurate and complete plan check review for projects in all areas of the City.

Accessibility Requirements
Street improvement plans submitted for plan check review must comply with current California Building Code standards and California accessibility requirements for public right-of-way improvements, including curb ramp design, sidewalk width and cross slope, accessible pedestrian signal placement, and driveway approach transitions. In Palm Springs, compliance with accessibility standards is both a legal obligation and a community priority. ERSC verifies accessibility as a standard component of all street improvement plan reviews.

Palm Springs Fire Department Development Guidelines
The Palm Springs Fire Department maintains adopted Development Guidelines that establish minimum requirements for fire protection systems, emergency access and gates, fire apparatus access roads, and photovoltaic systems. These guidelines directly impact the review of grading plans and improvement plans, particularly for commercial developments and hillside projects where access width, surface bearing capacity, and turning radius requirements must be verified. ERSC coordinates with the Fire Department on plan check items involving access and fire protection compliance, and is current on the City’s updated fire development standards.

Integration with Other City Departments
Other City departments are actively involved in the plan review process, and ERSC coordinates with each as needed. The Planning Department participates in the review and approval of grading plans and final subdivision maps. When a grading plan is received, the Engineering Department routes a copy to Planning for review of items such as secure bicycle storage requirements, lot configuration consistency with the approved Tentative Map, building setbacks, and site wall compliance with the Municipal Code. Final subdivision maps are reviewed for conformance with the Tentative Map and applicable lot size requirements. Planning comments are generally forwarded directly to ERSC for incorporation into the plan check memorandum, with subsequent coordination the responsibility of the Engineer of Record and/or Developer, ultimately resulting in a memorandum of approval.

Local Engineering Community
ERSC has been performing plan review for Coachella Valley cities for over 20 years. During that time, we have reviewed plans prepared by a broad cross-section of firms serving the local development community. Many of those firms and their staff have come to know ERSC and our team. This mutual familiarity supports efficient communication and a productive working relationship throughout the review process. Importantly, ERSC’s review standards are objective, consistent, and reviewed to the same technical requirements regardless of who prepared the plans or who is submitting.

Planning Documents and Specific Plans
Development in numerous areas of Palm Springs is governed by adopted Specific Plans, which establish requirements for land use, circulation, design, and infrastructure that directly influence engineering plan review. ERSC’s familiarity with the following active Specific Plans is a meaningful advantage in delivering accurate and efficient reviews.

Desert Palisades Specific Plan
The Desert Palisades Specific Plan governs development of 110 private homesites within Planning Area 4, located on the ecologically sensitive Chino Canyon alluvial fan at the City’s northern gateway. A defining characteristic of the project is that the site was not mass graded; natural boulder fields and open space are preserved throughout, and all backbone infrastructure has been completed.

The Specific Plan establishes detailed development standards for individual homes, including open space easement requirements, driveway surface and width standards, and architectural and wall design guidelines. The project’s CC&Rs further specify in Exhibit D which natural drainage courses must be preserved. ERSC has performed multiple plan reviews for homes within this Specific Plan area and is actively reviewing projects there today. Our familiarity with this document has proven valuable in expediting review of applicable projects.

Following implementation, certain Specific Plan requirements proved overly restrictive, rendering some lots undevelopable. In October 2021, the City’s Planning Director issued a memorandum with eight clarifications to the Specific Plan and CC&Rs, refining grading and drainage guidelines that continue to guide Desert Palisades development today.

Section 14 Specific Plan
In 1977, the Agua Caliente Band of Cahuilla Indians (ACBCI) and the City of Palm Springs entered into a Land Use Contract recognizing the Tribe’s authority to regulate uses on trust land. As a result of this agreement, the policies and regulations Specific Plan provide 18 Section C: Understanding of Project and Scope
guidance for development in Section 14.

The Section 14 Specific Plan, adopted in July 2014, governs a significant portion of the City’s urban core in the eastern downtown area.

While the plan is relevant in its entirety, the provisions most commonly applied in engineering plan check are Chapter 5 – Circulation and Streetscapes, Section 6.4 – Parking Standards, and Chapter 7 – Design Guidelines. These requirements are nuanced and can only be applied correctly through hands-on, repeated experience with the plan.

College Park/Tramview Heights Specific Plan
The College Park Specific Plan, adopted in April 2011, covers 510 acres in north City, including Mountain Gate, Desert Highlands, and Gateway Estates. Originally focused on a future College of the Desert campus, the plan was updated after COD chose another site.

Now called the Tramview Heights Specific Plan, it reflects input from community workshops and proposes housing, small-scale retail, and mobility improvements. A review by the Planning Commission is upcoming, and development is expected as the new plan is implemented. ERSC reviewed and approved the associated Traffic Scoping Agreement in December 2025.

Whitewater River Watershed
The City of Palm Springs and the Coachella Valley are located within the Whitewater River Watershed, which falls under the jurisdiction of the Colorado River Basin Regional Water Quality Control Board (Region 7). This regulatory setting imposes stormwater management requirements that differ from those applicable to most other Southern California jurisdictions and must be clearly understood by any plan checker working in the City.

Whitewater River Region WQMP Template
Water Quality Management Plans prepared for Palm Springs development projects must conform to the Riverside County Whitewater River Region WQMP Guidance Document. The document offers a distinct template that specifies different parameters and Best Management Practices than those used under the Santa Ana or Los Angeles Basin permits. As noted above, proper application of Municipal Code Section 8.70.100 in conjunction with this template may significantly reduce the scope of required post-construction BMPs. ERSC is actively reviewing and approving WQMPs for Palm Springs development projects under the current contract and is fully versed in the application of this template.

This is unique as it requires different parameters and BMPs than many other Southern California cities. It is important to note as a different template dictates different requirements that impact WQMPs and other construction documents. ERSC is familiar with this template and will apply it as necessary to potential projects in the City of Palm Springs.

Whitewater River MS4 Permit (Order R7-2013-0011)
Palm Springs is a co-permittee under the Whitewater River MS4 Permit (Order R7-2013-0011), administered by the Colorado River Basin Regional Water Board. ERSC is aware of the ongoing negotiation between local subcommittee members and the Regional Board.

This could further modify the MS4 permit and set forth inspection requirements for post-construction BMPs. It is anticipated that, as part of the new MS4, local cities will assume responsibility for BMP annual inspections and implementation of trash mitigation BMPs.

ERSC will continue to work with City staff during this implementation.

Conservation – Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) The CVMSHCP , administered by the Coachella Valley Conservation Commission (CVCC) and issued a 75-year permit in 2008, was developed to protect 27 covered species and 27 natural communities while allowing continued development activity throughout the Coachella Valley. The City of Palm Springs is a signatory to the plan, and development projects must be evaluated for CVMSHCP consistency.

Agua Caliente Band of Cahuilla Indians (ACBCI)
Trust lands belonging to the Agua Caliente Band of Cahuilla Indians are dispersed throughout the City of Palm Springs in a checkerboard pattern and are subject to requirements that differ substantially from those applicable to non-tribal fee lands.

Development on or adjacent to tribal trust land may affect easement dedications, right- of-way processing, and environmental clearance requirements. For projects where earthmoving activities are anticipated on or near tribal land, clearance from the Tribal Historic Preservation Officer (THPO) or Tribal Archaeologist is required prior to issuance of a grading permit. In some cases, this clearance also requires the presence of a Tribal Monitor during grading operations. Environmental clearance for projects affecting tribal lands may be subject to the National Environmental Policy Act (NEPA) process rather than CEQA, requiring coordination with the Bureau of Indian Affairs (BIA), Bureau of Land Management (BLM), and the ACBCI Planning Department. The Tribe also maintains a level of oversight over certain earthmoving activities on non-tribal lands within the City.

Final tract and parcel maps that include tribal trust lands require special handling. These maps are processed through the City and simultaneously forwarded to the BIA for review of associated leases, with BLM providing review and approval of survey procedures. Maps on tribal lands include an Owner’s Statement specific to tribal ownership; right-of-way dedications and easements are not offered or accepted on the face of the map; all such dedications are processed via separate legal instruments. Maps involving unrecorded right-of-way belonging to the Department of Water Resources or BLM must also be submitted to CVWD for preservation of the encumbrance.
19 Section C: Understanding of Project and Scope
Water and Sewer Services
The City of Palm Springs is primarily served by Desert Water Agency (DWA) for potable water, with portions of the City served by Coachella Valley Water District (CVWD) and Mission Springs Water District (MSWD). Sewer collection and treatment services are provided under contract by Veolia North America, which operates the City’s Wastewater Treatment Plant.

ERSC has reviewed right-of-way vacation documents on behalf of the City. This work requires coordination with all utilities operating within the limits of a proposed vacation to determine whether existing facilities are present and whether easement reservations are required for continued public utility purposes.

Hillside and Geotechnical Considerations
Palm Springs sits at the base of the San Jacinto Mountains, and a significant portion of developable land within the City is subject to hillside grading, alluvial fan conditions, rockfall hazard, and high seismic exposure. Geotechnical reports for projects in these areas require careful review for adequacy of slope stability analysis, foundation design recommendations, grading specifications, and erosion control measures. ERSC reviews geotechnical reports as part of the plan check process and verifies that improvement plans are consistent with the recommendations of the approved geotechnical report. Projects within designated hillside areas are also subject to the City’s Hillside Development Standards under the Zoning Code, which impose additional constraints on grading, cut and fill slopes, and pad configuration.

Airport Influence Area and Palm Springs International Airport Palm Springs International Airport, located within the City limits, generates FAA Part 77 airspace surface constraints that impose height limitations on structures and site improvements in the airport’s vicinity. Development projects within the Airport Influence Area may be subject to review by the Airport Land Use Commission (ALUC) for Riverside County, and improvement plans must be evaluated for compliance with applicable height restrictions. ERSC’s familiarity with the airport’s influence area and ALUC review requirements is an asset in the review of development projects in the eastern and central portions of the City.

CV Link
The CV Link, a 40-mile multi-use transportation corridor and recreation pathway led by the Coachella Valley Association of Governments (CVAG), was substantially completed in June 2025 and formally opened in November 2025. The path runs largely along the Whitewater River from North Palm Springs to the City of Coachella, with a branch in South Palm Springs along Tahquitz Creek and on-street segments within the City. CVAG is currently expanding CV Link with additional community connectors, including the Arts and Music Line, with construction anticipated to begin in 2027. Development along the path’s alignment may be required to incorporate access points and path right-of-way into improvement plans, a consideration ERSC accounts for in the review of applicable projects.

Riverside County Flood Control and Water Conservation District (RCFC&WCD) The Riverside County Flood Control and Water Conservation District oversees the design, development, and storm drain master planning for regional flood control facilities throughout the Coachella Valley, including within the City of Palm Springs. ERSC serves as a design consultant to RCFC&WCD and has direct familiarity with the District’s standards, processes, and encroachment permit requirements.

Federal Emergency Management Agency (FEMA)
FEMA administers the National Flood Insurance Program (NFIP) and governs the preparation and revision of Flood Insurance Rate Maps (FIRMs). Significant portions of the City of Palm Springs are subject to flood zone designations, including unnumbered and numbered “A” zones, shallow flooding zones, and 500-year flood hazard areas. ERSC’s experience with Palm Springs flood zones includes the review of floodplain calculations and scour analyses for projects along the Whitewater River, Garnet Wash, and East Palm Canyon Drive corridors. The June 2025 completion of Line 41 resulted in updated FIRMs for a portion of the City, and ERSC is aware of this change and its implications for development review in the affected area. ERSC is also familiar with the FEMA Letter of Map Amendment (LOMA) and Letter of Map Revision (LOMR) processes as they may affect grading and drainage design on individual projects.

Future and Ongoing Development
As ERSC has been involved in development projects in the City of Palm Springs, our firm has reviewed many plans, some of which were subsequently paused for various reasons. ERSC has seen many new and past projects emerge for review under new requirements of applicable codes, regulations, and City standards. ERSC continues to maintain electronic records of previously reviewed plans and has recently seen several resubmitted for review.

Our efforts as the City’s on-call consultant cover a wide range of preliminary and final documents related to traffic, drainage, and water quality; survey documents including easements, dedications and vacations, and final maps; and all forms of construction documents for grading and public infrastructure. The progress of select ongoing projects is summarized below.

Miralon (TM 31848-1) is a 309-acre planned residential development consisting of 752 single -f amily residences and 398 multi -f amily homes, along with an amenity center and open spaces that include trails, dog parks, community gardens, and sustainable landscaping and orchards located west of Indian Canyon Drive and south of the Whitewater River Channel. Recent development at Miralon includes Olea and TM 39054. Plans and supporting calculations for these recent projects are generally approved. Single-f amily residential units have been completed, and new units are currently under construction in various stages.

Serena Park (TM 39025 – Parent and TM 36691) is located near Farrell Drive and Verona Road and consists of a 386 -unit residential development that includes detached and attached single-f amily residences, common open space, and a small public park. The project is currently awaiting submittal of the final Tract Maps for TTM 36691, as the project has been sold to individual merchant builders.

Escena (TM 32233) remains under ongoing development involving the subdivision of areas established by the original tract map.

Current development includes Tract Maps 37706, 38721, 38722, and 38998, generally east of Gene Autry Trail. Plans and supporting 20 Section C: Understanding of Project and Scope
documents for these tract maps are generally approved, and construction is moving forward.

Sienna Palm Springs (TM 38846) is an ungated multi -f amily development consisting of a sixty - unit condominium community that includes a mix of two - and four - unit attached townhouses on a 4.37 - acre parcel. As of August 2025, ERSC has reviewed plans for rough grading and supporting calculations, including the final hydrology study and final water quality management plan. The project is currently on hold as the original developer is negotiating a sale of the project while seeking an extension of time from the Planning Department.

Cody Place (PDD-2023-0008, 5.1056 PD-314) is located at 900 South Palm Canyon Drive and involves development of three separate commercial buildings totaling approximately 12,300 square feet, with required parking and landscaping consistent with approved development standards. As of April 2026, the Engineer of Record has submitted civil plans twice for review. The project is progressing slowly and requires submittal of additional supporting documents, including a final water quality management plan.

In-N-Out (3.4194 MAJ) is a 3,886 -square-f oot restaurant located at 1810 East Palm Canyon Drive. ERSC reviewed and approved the Traffic Scoping Agreement in November 2024, and the Planning Commission subsequently approved the Traffic Impact Analysis. The Planning Commission required significant design changes, and the current status of those changes is unknown.

Palm Springs Commerce Center 2 (DP 2025 -0045), also known as PM 39286, is a major development permit for construction of a 1,082,337-square-f oot warehouse building located north of Interstate 10 at the southwest corner of 18th Avenue and Indigo Drive.

ERSC completed the first review of the LOS Scoping and VMT Screening in December 2025. The project remains under review.

Village at Racquet Club (E - 4927) is a proposed development on an 8.23 - acre site at the southwest corner of North Indian Canyon Drive and East Racquet Club Road. The project proposes 104 residential units, consisting of 31 detached single -f amily residences, 53 townhomes, and 20 moderate -income affordable apartment units. The affordable apartments include fourteen studio units and six one-bedroom units, all proposed as two -story structures. In April 2026, ERSC completed the first review of the Traffic Scoping Agreement for this project.

Sunrise Townhomes (DP - 2025 - 0008, AR - 2025 - 0054, GPA- 2025 - 0002) is a 16 - unit condominium project located at the southwest corner of North Sunrise Way and East Amado Road. The project includes a General Plan Amendment from Neighborhood Community Commercial to Medium Density Residential, a Major Architectural application, and a Development Permit. Project design must comply with the Section 14 Specific Plan. Earlier this year, ERSC completed the first review of the Traffic Scoping Agreement. The project is currently entering CEQA review.

Palm Springs Market Place and EV Hub (DP - 2025 - 0012, AR - 2025 - 0080, GPA- 2025 - 0001, CUP- 2025 - 0006) proposes an electric vehicle charging center serving passenger vehicles as well as medium and heavy vehicles. The development includes a travel center with fast-f ood restaurants, convenience store and lounge, two freestanding commercial buildings, parking, and landscaping. ERSC has approved the Traffic Scoping Agreement and completed the first review of the Traffic Impact Analysis in April 2026. Processing of the environmental impact report for the project has begun.

Soho House Palm Springs (CUP 2025 -0004) is a multi -purpose day- use swim club located at 147 Tahquitz Way on the historic Colony 29 site. The project includes private swim club and dining facilities with no overnight accommodations. Approval requires a Specific Parking Plan allowing off - site parking at Tahquitz Canyon Way and South Cahuilla Road. ERSC has reviewed and approved a parcel merger (PM 26-04-383) for the off- site parking facility. Ongoing reviews include a VMT Assessment and a LOS Traffic Impact Analysis..

Approach
ERSC’s approach to on-call civil engineering plan check services for the City of Palm Springs is built on three foundational principles:
thoroughness, responsiveness, and partnership. A thorough initial plan check is the single most effective way to reduce turnaround time, minimize developer costs, and keep projects on schedule. Responsiveness to the City’s Engineering Services Department, the development community, and the City’s performance schedule requirements ensures that plan check is never the bottleneck in the approval process. Partnership with City staff through open communication, consistent availability, and proactive coordination ensures that ERSC functions as a seamless extension of staff. These principles have guided ERSC’s service to Palm Springs since 2001 and will continue to define our approach under the new contract term.

Reference Material
In performing a review, ERSC staff will reference different guidance material based on the scope of the assignment. Documents such as the State Subdivision Map Act, Standard Specifications for Public Works Construction, Americans with Disabilities Act requirements, and the California Building Standards Code (Title 24) are applicable. Other facets of a particular project, such as water quality or traffic improvements, are governed by the Construction General Permit, MS4 Permit, the WQMP guidance document, California Best Management Practices Handbook for stormwater BMPs, Manual on Uniform Traffic Control Devices, the State of California Highway Design Manual, Caltrans Standard Specifications and Standard Drawings, Riverside County Standard Plans and Specifications, Riverside County Flood Control Hydrology Manual, SWRCB General Permits, and the United States Army Corps of Engineers permit requirements, applied respectively and where applicable.

Local guidance documents such as the City Standard Drawings and Plan Check Sheets, City Grading Notes for Improvement Plans, City Encroachment Permit Application Package, City Municipal Code, City General Plan 2040, and City Specific Plan Elements are also applied when appropriate. ERSC maintains a current library of all City-adopted plan check sheets and standard drawings, including updates issued by the Engineering Services Department, and applies the most current versions to all assigned reviews.

ERSC staff understand the importance of ensuring that all Conditions of Approval are incorporated into the design of the project to confirm how the Developer or Engineer has complied with the requirements of the City’s Planning Commission and the City Council to 21 Section C: Understanding of Project and Scope
mitigate the impacts of the project. This requires a complete and thorough review of Conditions of Approval imposed by the Planning, Fire, Public Works, and Engineering Departments. ERSC’s practice is to obtain and review the complete Conditions of Approval set at the outset of each assignment to ensure no conditions are overlooked in subsequent reviews.

Coordination and Availability
Throughout the plan check process, ERSC staff are available to meet with the Engineering Services Department and the developer’s consultant to discuss plan check review comments, resolve outstanding issues, and facilitate timely project approvals. ERSC’s project manager and assigned plan checkers maintain open lines of communication with City staff and are responsive to meeting requests, phone inquiries, and email correspondence. Time required for coordination meetings with City staff or the developer’s consultant is included in ERSC’s plan check service fee and is not billed separately outside of the plan check process.

Plan Check Comment Memoranda
Upon completion of each plan check review, ERSC prepares a complete and thorough itemized written plan check comment memorandum for transmittal to the Engineering Services Department. Comment memoranda are organized by discipline and plan sheet, clearly identifying each deficiency, the applicable standard or requirement not met, and the action required for correction. Memoranda are transmitted electronically and are formatted for direct use by the developer’s engineer of record in preparing corrected submittals.

Subsequent Submittal Review
Upon receipt of second and subsequent plan check submittals, ERSC verifies that all comments from the prior review have been adequately addressed by the developer’s consultant. Each corrected item is confirmed against the prior comment memorandum.

Where prior comments have not been addressed or have been addressed incompletely, ERSC documents the outstanding deficiency in the subsequent comment memorandum. ERSC’s review of second and subsequent submittals is focused on verification of corrections and does not introduce new comments except where changes or modifications to the plans have created new conditions requiring review. ERSC coordinates directly with the Engineering Services Department and, as needed, with the developer’s consultant to resolve outstanding issues and advance projects toward approval.

Plan Approval and Signature
Upon completion of the final plan check review and resolution of all outstanding comments, ERSC will sign and stamp original mylar plans under the responsible charge of the appropriate California-licensed professional Civil Engineer, Land Surveyor, or Traffic Engineer, as applicable to the plan type. Concurrently, ERSC will submit a written approval letter to the City Engineer confirming that the subject development item has been reviewed and approved in conformance with the City’s standards and requirements.

Process Applicable to All Plans/Subdivision Maps/Studies The below items are applied to all plans, maps, and studies after assignment to ERSC for review. a) Review initial submittal package for completeness. General items include title report, tentative map, and conditions of approval; grading plans require a geotechnical report and hydrology study; storm drain plans require hydraulic calculations; sewer plans require supporting calculations; final maps require supporting record maps, recorded grant deeds, easements, and closure calculations. b) Research and review files for past projects near or adjacent to the current project. Verify ownership. In conformance with the City’s plan check requirements, ERSC staff will physically visit each development site as part of the initial plan check review to verify that improvement plans are consistent with existing site conditions and adjacent improvements, unless a site visit is specifically waived by the City Engineer. Review aerials and photos with Google Earth or GIS and review conditions onsite and adjacent improvements.

Prepare notes. Initiate review of plans and supporting documents. Verify drawing content per City guidelines, including title block, file number, RCE signature block, benchmark, and proper drafting technique. Verify compliance with conditions of approval. Verify Whitewater River WQMP template.
c) Verify general notes and content, construction notes, and quantities. Include project title, list utility companies with contact information, vicinity and index map, legal description, APN, site ownership, and address. Verify references to standard drawings and details in construction notes.
d) Compliance with applicable provisions of the City’s Standards, Municipal Code, and local civil engineering industry design standards and conformance to all local ordinances, policies, and procedures, including the current 2025 California Building Standards Code effective January 1, 2026.
e) Compliance with applicable Conditions of Approval, Development Agreements, Specific Plans, and Community Plan design requirements.
f) Review of engineering design principles and requirements, which includes plan check of cross sections and profiles, right-of-way lines, construction limits, and centerline control.
g) Review of special studies, including but not limited to drainage, water quality, geotechnical, structural (including but not limited to structural analysis of bridge structures), and traffic studies. The studies will be checked to ensure they are conceptually sound and meet City, County, and State standards.
h) Review of format, which includes plan check of general notes, construction notes, drawing and utility legends, benchmark, basis of bearing, construction quantities, vicinity map, location map, standard sheet and title block, north arrow, etc. i) Conformance to City’s preferred format and layout.
j) Upon completion of each review, all red-lined plans returned to the developer’s consultant are scanned and retained as part of ERSC’s 22 Section C: Understanding of Project and Scope
plan check file. ERSC maintains complete plan check files for all assigned projects, including copies of all initial and subsequent plan submittals, plan check comment memoranda, and relevant supporting documentation. All records are made available to the City upon request. ERSC’s electronic document management system provides organized, searchable records for all active and archived plan check assignments.

Process for Individual Improvement Plan Checking and Special Study Review Below is an outline of items that ERSC staff utilize in the review of various plans, maps, and studies. Some of the items outlined for review in the City’s RFQ do not currently come to ERSC for review. For example, SWPPP documents are currently routed to a separate consultant for review. To provide a complete response to the City’s RFQ, ERSC has outlined procedures for review of all documents outlined in the RFQ for the City’s reference. Plan check for civil engineering design plans, survey-related documents, and special studies will be performed by applying the items below to each assignment:
a) Grading Plans – Verify conformance with City guidelines and geotechnical report; show boundary information, easements, and adjacent lot numbers; show street dimensions, existing utilities, sewer lateral, and water meter; review and verify perimeter conditions; cross reference with street and drainage plans and final map; verify compliance with California Building Standards Code for grading and accessibility; verify minimum slope requirements and drainage control at top of slope; verify slopes, top of grate, and invert elevations on drains; verify retention basin and BMPs; show building locations/setbacks; show critical elevations, i.e., high points, thresholds; verify location of perimeter walls and retaining walls; show top of wall and finished surface at critical points. For commercial grading, verify parking design per City standards; verify the accessible path of travel, parking, and signage; verify driveway/ lane widths, fire access, and structural section. For all grading plans, verify conformance with FEMA requirements and applicable flood zone designations. Verify compliance with the City’s Hillside Development Standards under Chapter 93 of the Zoning Code for projects within designated hillside areas.
b) Street Plans and Alignment Review – Verify design speed, geometrics, and cross section; show typical section with cross fall and dimensions; verify minimum/maximum street grades and cul-de-sac design; verify structural section (AC/CMB); verify bearings, curve data (centerline and curb), and stationing; show stations/elevations at intersections, EC/BC and ECR/BCR; verify “join” elevations and extend topography; show saw cut line and feathered paving; provide supplemental cross sections for widening; show driveway approaches and cross gutters; show drainage devices, easements, and lot lines/numbers. In the profile, show existing/proposed profile at centerline, curb left and right; show stations at begin/end construction, intersection, EC/BC, and even stations; show slope, elevations at critical points and grade breaks; show the location, length, and PI for vertical curves; show projection and length of curb returns/verify design; profile “grade to drain” and show elevations. Verify ADA compliance for curb ramps, sidewalk widths, cross slopes, accessible pedestrian signal placement, and driveway approach transitions in conformance with current Title 24 accessibility requirements for public right-of-way improvements.
c) Storm Drain Plans – Verify size and design flow per City’s master plan, if applicable; design per Flood Control standards; verify alignment, geometrics, and stationing; show existing utilities (OH/UG); show catch basins, manholes/junction structures, and inlet/ outlet structures with details when required; show, obtain, and/or verify drainage easements; show invert elevations at inlet/outlet, structures, and grade breaks; verify design flow and street capacity with hydrology study; show HGL, flow rate, and velocity for main line and lateral; coordinate with hydraulic calculations; verify coordination with regulatory agencies as required. Storm drain plans will be checked against hydrology and hydraulic calculations to verify their design accuracy as required by City Standards and coordinated with the City’s Storm Drain Master Plan for the design of master-planned lines. d) Sewer Plans – Verify size per City’s master plan; verify minimum velocity and slope requirements; verify minimum lateral slopes; verify compliance with CDPH separation requirements; verify alignment and stationing; show existing utilities (OH/UG); verify minimum cover and maximum manhole spacing; show stations and elevations at manholes, cleanouts, and laterals; show easements. Sewer plans shall be coordinated with the City’s Sewer Master Plan for the design of master plan lines. e) Sewer Study – Review City’s sewer master plan; verify tributary area; verify existing pipe size and existing flow; determine proposed pipe size; verify sewer loading and peaking factors; determine/verify EDUs, average daily flow, peak hour dry weather flow, and peak hour wet weather flow; review pipe size calculations; verify d/D ratio and minimum velocity requirements; verify downstream pipe capacity.
f) Final Maps – Verify overall format complies with Riverside County Map Manual; verify conformance with tentative map and conditions of approval; review and verify content of title report, vesting deed, and Schedule B documents; verify content of title sheet and required certificates; verify dedications required by conditions of approval in Owner’s Certificate and acceptance thereof; verify survey procedure including location/description of existing monuments; review and verify closure calculations, basis of bearings, and methods of re-establishing monuments; review map sheets including legends, symbols, and abbreviations; appropriate monument notes, details, and dimensioning; distinct boundary, adjacent lots/numbers and existing R/W, lot lines, measured and record bearings, distances, and curve data; lots and streets numbered and named, lot width and depth, street dimensions and radii, and cul-de-sac and knuckle design; monumentation for streets and lots, centerline intersection, EC/BC, and center of cul-de-sac, distinct boundary, and lot corners. Concurrent with this process, maps on trust lands will be forwarded to the BIA for their review, with BLM providing review and approval of survey procedures. Maps on tribal trust lands will be processed with an Owner’s Statement specific to tribal ownership; right-of-way dedications and easements will be processed via separate legal instruments rather than on the face of the map. Coordinate review and approval of final map with Planning. g) Parcel Maps, Tentative Maps, and Survey Documents – Check to assure compliance with applicable provisions of the State Subdivision Map Act, Land Surveyor’s Act, City Municipal Code, Conditions of Approval, and all other applicable state statutes and local ordinances; review map sheets for centerline control, lot closure calculations, mathematical accuracy, surveyor notes and symbols, monumentation per City Standards, and survey procedures; review boundary retracement procedures and title reports; review format statements and 23 Section C: Understanding of Project and Scope
certificates; monitor coordination response to Civil Engineers/Land Surveyors; confirm conformance to City’s preferred format and layout; verify conformance to City’s Subdivision Map Review Checklist. h) Certificates of Compliance – Review for conformance with the State Subdivision Map Act, City Municipal Code, and applicable conditions of approval; verify legal description accuracy and boundary closure calculations; confirm consistency with recorded documents; verify proper acknowledgment and signature authority; confirm that the certificate is consistent with the approved tentative map or other entitlement as applicable.
i) Parcel Mergers – Review for conformance with the State Subdivision Map Act and City Municipal Code; verify that all parcels proposed for merger are under common ownership; confirm consistency with applicable zoning and General Plan land use designations; verify legal descriptions and boundary accuracy; confirm proper noticing and recordation requirements have been addressed prior to approval.
j) Title Reports – Review title report to confirm that the legal description, ownership, vesting, trustees, and beneficiaries are correctly shown; review title insurance exceptions to confirm that rights-of-way and easements are correctly listed and plotted; verify that applicable rights-of-way, easements, and mineral rights are correctly listed as signature omissions; verify that the subdivider has requested non-interference letters from public entities and public utility companies. k) Legal Descriptions and Easement Documentation – Review title report, Schedule B documents, and vesting deed; verify compliance with City application requirements; review legal description for accuracy and proper acknowledgment of record and easement documents; review and verify closure calculations; review plat for proper identification of R/W, lot lines, easements, and location of existing structures and utilities. For easement or R/W vacations, coordinate with all utilities operating within the limits of the proposed vacation area to determine whether existing facilities are present and whether easement reservations are required for continued public utility purposes. This includes preparation and issuance of notices to each utility and follow-up coordination to confirm whether a public utility easement must be retained. Maps involving unrecorded right-of-way belonging to the Department of Water Resources or Bureau of Land Management are submitted to CVWD for preservation of the encumbrance prior to vacation. l) Hydrology and Hydraulic Calculations – Verify compliance with Flood Control methods and City requirements; verify design criteria; review and verify critical design values; review and verify model input/output and content of hydrology map; and verify narrative content. For hydraulic calculations, verify mainline, lateral, and catch basin design flow; review and verify model input/output; verify methods of analysis; review design methods of catch basins, hydraulic structures, and outlet protection; review maximum velocity, junction losses, freeboard, and outlet conditions; and verify hydraulic data on storm drain plans. m) Geotechnical Reports – Verify that the report was prepared by a California-licensed Geotechnical Engineer; verify that the scope of the investigation is appropriate for the type and scale of the proposed development; review adequacy of subsurface exploration program, laboratory testing, and analysis; verify that grading recommendations are adequately addressed; verify that improvement plans are consistent with the recommendations of the approved geotechnical report; confirm that the report addresses seismic hazard, liquefaction potential, and fault setback requirements as applicable to the project site. n) Water Quality Management Plans – Verify compliance with the Whitewater River Region WQMP Guidance Document; verify the WQMP template; prepare project data sheet in Project Specific WQMP Checklist; review WQMP based on WQMP checklist; verify ownership and signature authority; verify compliance with Table 6 in WQMP Guidance Document and Municipal Code Section 8.70.100 onsite retention requirements; verify form and content of Covenant and Agreement; verify type and location of LID/Site Design, Treatment Control, and Source Control BMPs; verify calculations for BMP design flow and volume; verify BMP design and placement; compare WQMP Site Plan and grading plans; and review and verify content of WQMP Summary Data Sheet. o) Stormwater Pollution Prevention Plans – Verify proper format and content; verify QSD certification and legally responsible person; verify SWPPP requirements and content of Notice of Intent; review and verify project information, risk level determination, and non- stormwater discharges; review and evaluate best management practices and BMP inspection and maintenance requirements; review training requirements and responsible parties; review and evaluate monitoring and reporting requirements, sampling, analysis, and QA/QC requirements; review reference documents.
p) Traffic Scoping Agreements – Verify project location and scope; review project scenarios; verify/review study intersections and roadway segments; review traffic forecasting for existing conditions, future growth, ambient growth, and related projects; review/ verify future changes to the transportation network; verify methodology; and verify trip generation and distribution. q) Traffic Impact Analysis – Confirm approval of scoping agreement; verify project characteristics; evaluate traffic forecasts and supporting data; review/verify existing conditions; review future conditions without the project, including intersections and roadway segment analyses; review future conditions with the project, including intersections and roadway segment analyses; and review the transportation management plan.
r) Signing and Striping Plans – Gather all available information, including as-builts and Conditions of Approval related to adjacent existing improvements and future developments to provide a coordinated review. Review plans against current traffic engineering design standards, guidelines, and practices; City standards for street construction; City’s Guidelines for Bicycle Facilities; adhere to the Caltrans Highway Design Manual, Caltrans Traffic Manual, CA MUTCD, and Caltrans Standard Plans and Specifications. s) Traffic Signal Plans – Review and recommend approval of new traffic signal installations and traffic signal modifications including:
review of proposed and verification of existing intersection geometrics, lane configuration, and improvements; review/verification of existing utilities, subsurface and overhead obstructions; verify general notes, construction notes, and standard plan references; review pole locations, mast arm lengths, and ADA compliance; review/evaluate conduit layout and sizing and pull box locations; verify controller location and type, service connection and pedestal location; review pole and equipment schedule, conductor schedule, and phase diagram; verify location of loop detectors or video detection zones; review/verify directional and warning signage and street 24 Section C: Understanding of Project and Scope
name signs (illuminated vs. non-illuminated); review and verify vehicle storage (queue), striping, pavement markings, and advanced warnings.

City Surveyor Services
In addition to plan check services, ERSC will serve in the statutory role of City Surveyor for the City of Palm Springs. In this capacity, ERSC’s California-licensed Land Surveyor will sign and stamp final and parcel maps upon approval, advise City staff and the Engineering Services Department on survey and mapping matters as they arise both within and outside the development review process, and coordinate with the Bureau of Indian Affairs and Bureau of Land Management on final and parcel maps involving Agua Caliente tribal trust lands. ERSC will also respond to City inquiries regarding right-of-way, boundary, and mapping issues on an as-needed basis as part of this role.

Traffic Engineer Services
ERSC will serve in the statutory role of Traffic Engineer for the City of Palm Springs. In this capacity, ERSC’s California-registered Traffic Engineer will review traffic impact studies, signal plans, and signing and striping plans as part of the development review process, and will additionally provide technical advisory services to the City on traffic engineering matters outside the plan check process, including responding to City inquiries, evaluating traffic control measures, and advising on traffic-related Conditions of Approval. All traffic engineering services will be performed by or under the responsible charge of a California-registered Traffic Engineer.

Project Review Schedule
The project schedule will be determined and maintained by the project applicant. The project review schedule shall be as stated in the RFP and as outlined in the following:

Standard Plan Review Plan Receipt (Electronic) Plan Pickup (Physical) 2 business days + 1 day per sheet Immediate Within 24 hours of Notification Special Studies Plan Receipt (Electronic) Plan Pickup (Physical) 1st Review - 10 Business Days
Subsequent Review - 5 Business Days Immediate Within 24 hours of Notification For Standard Plan Review, the second and subsequent plan reviews will be subject to the requirements noted above.

For expedited project review, the following schedule will apply:

Expedited Plan Review Plan Receipt (Electronic) Plan Pickup (Physical) 50% of Standard Plan Review Immediate Within 24 hours of Notification Method of Review
Internal Tracking and Assignment
ERSC assigns plan check to internal staff utilizing Microsoft Teams. Plans are assigned to an engineer with the applicable due dates, notes, and other information. When started, the engineer will mark the task “in progress” to show that the review has started.

Upon completion, the engineer will assign it to QA/QC, who will review and add other comments, as necessary. When QA/QC is complete, the QA/QC will assign it to admin staff for package and electronic delivery. Use of this system allows ERSC to monitor status on a per-client and per-project basis to allow for adherence to established schedules and quality expectations.

Electronic Capabilities
Our team is ready and able to adopt and integrate into the City’s newly implemented ERP system, Energov. In the meantime, our firm will continue to host, receive, and transmit plans via the currently utilized Sharefile System. ERSC has been providing electronic plan check delivery in the City with success throughout recent assignments by utilizing our internal Sharefile system. The current system allows for delivery, receipt, City access to files, developer restrictions to only their files, and notifications of uploads and deliveries.

City staff have been provided usernames and access files as needed for their reference.

Dispute Resolution
ERSC believes that a proactive approach is best to address disputes before they occur. Our plan check staff are friendly and use inquisitive language to ensure that the overall tone of comments creates a helpful atmosphere during reviews. Open lines of communication allow us to communicate directly with the engineers of record in the City to ensure no question goes unanswered. ERSC’s goal is to complete the review and approval of plans and reports within three plan checks. However, there are situations where a plan may 25 Section C: Understanding of Project and Scope
go beyond three reviews. Factors that result in prolonged plan review, such as incomplete submittals or incomplete responses to comments, regularly contribute to extended reviews.

Throughout the many years we have served the City, we have established working relationships with the various design engineers submitting plans to the City for review. We developed these relationships by working closely with engineers during the plan review process to understand design intent, thereby avoiding unnecessary written comments. If issues cannot be resolved via email or telephone call, we will meet with the design engineer to express our concerns and discuss their issues. Typically, this effort will result in the resolution of any issues that may arise.

Conflicts of Interest
By matter of corporate decision, ERSC has elected to exclusively serve the public sector’s municipalities and agencies. As such, we do not serve developers. We anticipate no conflict of interest to arise during the term of a contract.

Fast-Track Review
At the City’s or developer’s request, ERSC will accommodate expedited Fast Track plan check review in conformance with the City’s Fast Track Performance Schedule, which compresses normal review timelines by 50%. ERSC’s staffing model and internal assignment tracking system are specifically structured to accommodate fast-track requests without displacing normal-schedule reviews. Fast-track assignments are flagged immediately upon receipt and prioritized accordingly within ERSC’s workflow. ERSC is committed to meeting the City’s performance schedule requirements for all plan check assignments regardless of schedule type.

Task Order Accounting
ERSC utilizes Deltek Ajera (ERP), a Financial Management System that tracks time and expenses in real-time. ERSC assigns an individual phase number to each task in the system using the City’s tracking/file information and the project name. Then, each team member completes a timesheet in the system against the assignment’s phase number. Upon invoicing, the City can reference each project’s charges by City tracking/file information, the project name, and an overall cost accounting for the billing period. Our administrative staff will also notify the City of any design or sheet count changes to ensure the City collects all fees allotted.

The ERSC Plan Check Process
26 Section D: Local
Preference
27 Section D: Local Preference
Eligibility
ERSC affirms that it is a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley (77-564 Country Club Dr., Suite 128, Palm Desert, CA 92211), at least six months prior to bid or statement of qualifications opening date, from which we operate or perform business on a day-to-day basis and hold a valid business license by a jurisdiction located in the Coachella Valley. Proof of our CIty of Palm Springs business license is included with Attachment A in the Forms section of this proposal.

Below is information regarding the applicable Coachella Valley experience of our proposed team.

Additional ERSC Coachella Valley Clients
Since 1996, ERSC has provided Professional Engineering and Construction services to Coachella Valley public agencies such as:

Team Member Title Years of Palm Springs Experience
John M. Brudin, PE President 25
Cassandra Silva Operations Manager 8
Moe Ahmadi, PE Vice President 25
Lori Askew Sr. Principal Engineer 6
Trent Brudin, PE, QSD Principal Engineer 9
Jeff Wall, PE Sr. Principal Engineer 3
Reza Toorzani, PE Sr. Principal Engineer 23
Ben Booth, PE Engineer V 6
Ruth Smith, TE, PTP Principal Engineer 1
Robert Ollerton, PLS Principal Surveyor 1
Craig Brudin, QSP Sr. Engineering Associate 12
Joel Flasschoen, PE, LSIT Engineer III 1
Mina Bishara Engineer V 2
Travis Moffatt, EIT Engineer III 9
Katherine Hernandez Engineer III 7
Steve Wilson, QSD/CPESC Sr. Engineering Associate 7
John Ward Sr. Engineering Associate 3
Felipe Primera Sr. Engineering Associate 20
Chris Vlahos Engineering Associate III 1
Municipalities &
Public Agencies
Public Agencies Native American Tribes
Big Horn Desert View Water Agency
29 Palms Water District
Coachella Valley Water District
Mission Springs Water District
Coachella Valley Association of
Governments
Morongo Band of Mission Indians
Santa Rosa Band of Cahuilla IndiansCity Palm Springs
City of Palm Desert
City of La Quinta
City of Desert Hot Springs
City of Rancho Mirage
City of Indian Wells
City of Indio
City of Banning
City of Beaumont
28 Section E: Forms
29 Engineering Resources of Southern California, Inc.
77-564 Country Club Dr., Suite 128, Palm Desert, CA 92211 (909) 890-1255
John M. Brudin, PE - President [email protected]
1, 2, 3
John M. Brudin, PE - President
California
330718153
30 Proof of Licensure
ERSC City of Palm Springs Business License
ERSC Staff Licensure
31 Proof of Licensure
32 Proof of Licensure
33 ATTACHMENT “B”

NON-COLLUSION AFFIDAVIT
REQUESTS FOR QUALIFICATIONS (RFQ 02-26)

ON-CALL CIVIL PLAN CHECK SERVICES

*THIS FORM MUST BE COMPLETED EXECUTED BY RESPONDER AND SUBMITTED

WITH YOUR STATEMENT OF QUALIFICATIONS
The undersigned, deposes and says that he or she is
of , the party making the foregoing Statement of Qualifications. That the Statement of Qualifications is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Statement of 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 Statement of 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 Statement of Qualifications are true; and, further, that the Responder has not, directly or indirectly, submitted his or her Statement of 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 Statement of Qualifications.

Signature:______________________________________________

Title: _____________________________________________

Date: _______________
_______
President
Engineering Resources of
Southern California, Inc.

John M. Brudin, PE - President
April 28, 2026
34 ATTACHMENT “C”

CITY OF PALM SPRINGS, CA

CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION REQUESTS FOR QUALIFICATIONS (RFQ 02-26)

ON-CALL CIVIL PLAN CHECK SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR REQUEST FOR

QUALIFICATIONS
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, demot ion 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 7.05 .02, 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 28, 2026
35 CITY OF PALM SPRINGS – PUBLIC INTEGRITY

DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)

ATTACHMENT “D”

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
REQUESTS FOR QUALIFICATIONS (RFQ 02-26)

ON-CALL CIVIL PLAN CHECK SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF

QUALIFCATIONS
Why Must I 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 a beneficial ownership interest of five percent (5%) or more.

When Must I File? You must file this form with the Office of the City Clerk, or designee, at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.

What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

Note: (1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed.

B. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions.

NOTE: USE ADDITIONAL PAGES AS NECESSARY
What if I Have Questions?
If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].

36 CITY OF PALM SPRINGS – PUBLIC INTEGRITY

DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle 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 Dr., Ste 128, Palm Desert, CA 92211 California
PAGE 1
Trent Brudin, PE - Secretary
Moe Ahmadi, PE - Vice President
John M. Brudin, PE - President
37 CITY OF PALM SPRINGS – PUBLIC INTEGRITY

DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle 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.

PAGE 2
Craig Brudin, LSIT, QSP - Treasurer
1861 W Redlands Blvd., Redlands, CA 92373
77-564 Country Club Dr., Ste 128, Palm Desert, CA 92211 California
38 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

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
65%
John M. Brudin, PE
Moe Ahmadi, PE
15%
Trent Brudin, PE
10%
Craig Brudin, LSIT, QSP
10%
April 28, 2026
39 ATTACHMENT “E”

REFERENCES
REQUESTS FOR QUALIFICATIONS (RFQ 02-26)

ON-CALL CIVIL PLAN CHECK SERVICES

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:

Rick Minjares - Engineering Associate
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
[email protected]
2000 - Ongoing
$6.1M (to date)
Plan Checking and Project Management
City of Banning
99 E. Ramsey Street
Banning, CA 92220
[email protected]
2018 - Ongoing
$6.9M (to date)
Plan Check and Inspection Services
City of Jurupa Valley
(951) 332-6464
2025 - Ongoing
$78,771 (to date)
On-Call Plan Check Services
8930 Limonite Avenue
Jurupa Valley, CA 92509
(760) 323-8299
Main: (760) 323-8253
City of Palm Springs
Nathan Smith, City Engineer
Marc Valenzuela, Assoc. Civil Engineer
(951) 922-3130 (951) 922-3123
[email protected]
Paul Toor, PE, City Engineer
Manny Gonzales, ADA Coordinator
[email protected]
[email protected]
40 ATTACHMENT “E”

REFERENCES
REQUESTS FOR QUALIFICATIONS (RFQ 02-26)

ON-CALL CIVIL PLAN CHECK SERVICES
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:
(951) 769-8522
City of Rialto
Vince Girón, Engineering Manager
(909-820-8045)
[email protected]
2020 - Ongoing
$3.7M (to date)
150 S. Palm Avenue
Rialto, CA 92376
On-Call Plan Check Services
City of Lake Elsinore
Yu Tagai, PE, Sr. Civil Engineer
130 S Main Street
Lake Elsinore, CA 92530
(951) 674-3124
[email protected]
2017 - Ongoing
$2.1M (to date)
On-Call Plan Check Services
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
2017 - Ongoing
$605,687
On-Call Plan Check and Engineering Design Services
[email protected]
Robert Vestal, Director of Public Works/City Engineer
Hugo Escobedo, Sr. Engineer
[email protected]

ATTACHMENT “E”

REFERENCES
REQUESTS FOR QUALIFICATIONS (RFQ 02-26)

ON-CALL CIVIL PLAN CHECK SERVICES

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:

Coachella Valley Water District
75525 Hovley Ln E
Palm Desert, CA 92211
2020 - Ongoing
$165,000 (to date)
Development Plan Check Services
City of Chino Hills
(909) 364-2777
[email protected]
2022 - Ongoing
$81,354 (to date)
On-Call Plan Check Services
14000 City Center Drive
Chino Hills, CA 91709
Michael Hofflinger, Project Planner
City of Moreno Valley
As-Needed Engineering Plan Check Services
Harold Zamora, Assistant City Engineer
(951) 413-3106
[email protected]
2024 - Ongoing
$129,800 (to date)
14177 Frederick St.

Moreno Valley, CA 92552
Juan Medina
(760) 398-2661 ext. 2569
[email protected]
42 ATT
ACHMENT “F”
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR QUALIFICATIONS (RFQ 02-26)

ON-CALL CIVIL PLAN CHECK SERVICES
Ex
ecutive 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.

Ex
ecutive Order N-6-22 also requires that any Consultant 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 C
onsultant hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the Consultant 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 Consultant. This certification is made under the laws of the State of California.

Si
gnature:

Printed Name:

Title:

Firm Name:

Date:______________________________________
John M. Brudin, PE
President
Engineering Resources of Southern California, Inc.

April 28, 2026
43 55575.18100\42907009.1

BB&K (2024) Page 24 of 25

EXHIBIT “B”

SCHEDULE OF COMPENSATION

Grading Plan
Less than 15,000 SF 664$ Per Sheet
15000 SF to 4 acres 1,019$ Per Sheet
4+ acres 1,793$ Per Sheet
Additional Per Sheet Charge on the Fourth (4th Resubmittal) 50% Original Fee Fast Tract Performance Schedule 150% Original Fee
Plan Check Fess for Public Improvements (Street, Sewer, Drainage) Traffic Signal Plans 664$
Per Sheet
Street Plans 664$ Per Sheet
Sewer Plans 544$ Per Sheet
Storm Drains 647$ Per Sheet
Signing and Striping Plans 544$ Per Sheet Additional Per Sheet Charge on the Fourth (4th Resubmittal) 50% Original Fee Fast Track Performance Schedule 150% Original Fee
Plan Check / Review
Professional Services/ Technical Reports and Additional Services Subdivision Maps
Parcel Maps 783$
Per Sheet
Final Maps (Or Parcel Maps 5 lots or More) 1,036$ Per Sheet Revision of Final and Parcel Maps 514$ Per Sheet Additional Per Sheet Charge on the Fourth (4th Submittal) 50% Original Fee Fast Track Performance Schedule 150% Original Fee
Legal Documents
Lot Line Adjustment
Parcel Merger
Certificate of Compliance
Right-of-Ways/Easements
Vacations (Streets and Easements)
Dedication and Easements
5,360$
3,293$
Proposed Fee

ON-CALL CIVIL PLAN CHECK SERVICES
T&M
5,449$
5,449$
5,449$
Engineering Resources of Southern California, Inc. | Schedule of Rates January 2026
Professional Staff
President ........................................................................... $325.00 Vice President ....................................................................$285.00 Sr. Principal Engineer ......................................................... $280.00 Principal Engineer ..............................................................$250.00 Assistant Principal Engineer .............................................. $225.00 Engineer V .........................................................................$205.00 Engineer IV ........................................................................$185.00 Engineer III ........................................................................ $170.00 Engineer II ......................................................................... $155.00 Engineer I .......................................................................... $135.00 Engineering Staff
Principal Engineering Associate .........................................$225.00 Senior Engineering Associate ............................................$210.00 Engineering Associate V .................................................... $180.00 Engineering Associate IV ................................................... $155.00 Engineering Associate III.................................................... $145.00 Engineering Associate II..................................................... $130.00 Engineering Associate I...................................................... $125.00 Engineering Aide II .............................................................. $75.00 Engineering Aide I ............................................................... $70.00 Survey and Geospatial Staff and
Services
Principal Surveyor.............................................................. $230.00 Senior Surveyor .................................................................$195.00 Surveyor III ........................................................................ $155.00 Surveyor II ......................................................................... $130.00 Surveyor I .......................................................................... $110.00 2-Man Survey Crew (Std Equipment/Truck) ......................$330.00 1-Man Survey Crew (Std Equipment/Truck) ......................$260.00 3rd Man on Survey Crew ...................................................$140.00 Senior GIS Analyst ............................................................. $165.00 GIS Analyst .........................................................................$145.00 GIS Technician ................................................................... $110.00 Construction Support Staff
Construction Manager .......................................................$235.00 Chief Construction Inspector .............................................$180.00 Sr. Construction Inspector .................................................$170.00 Construction Inspector ......................................................$165.00 Inspector Overtime (Hours 8-12/Saturdays) ..................... $210.00 Inspector Overtime (Hours 12+/Sundays) .........................$245.00 Administrative Staff
Operations Manager ......................................................... $130.00 Operations Specialist .........................................................$110.00 Administrative Assistant II ...................................................$95.00 Administrative Assistant I ....................................................$85.00 Other Direct Expenses
Vehicle Mileage ................................................ $0.725/Mile Subconsultant ...................................................Cost + 20% Reimbursable Expenses/Charges ..................... Cost + 15% Forensic Analysis ................................. Standard Rate X 2 Expert Witness .................................... Standard Rate X 3 NOTE: All rates hereon are subject to automatic increase upon July 1st of each year. Rates will be adjusted by the percent increase in California Consumer Price Index-All Urban Consumers for the twelve-month period ending February as calculated by the California Department of Industrial Relations (CADIR) California Consumer Price Index Calculator. Prevailing Wage Rates are dictated by the CADIR. All classifications which are subject to Prevailing Wages will be adjusted when revised determinations are published by the CADIR.

Unless otherwise established by contractual agreement,
payment is due and payable upon receipt. Payment is considered delinquent if not paid within 30 days of invoice date. If payment is not completed within agreed terms, Client agrees to pay a service charge on the amount past due at the rate of 1.5% per month (18% per annum).
55575.18100\42907009.1
BB&K (2024) Page 25 o f 25

EXHIBIT “C”

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