Attachment B
MWH - Amendment No.6 request
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AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT
A9141 BETWEEN THE CITY OF PALM SPRINGS
AND MWH CONSTRUCTORS, INC.
1. Parties and Date.
This Amendment No. 6 to the Professional Services Agreement A9141 is made and entered into as of this 26
th day of August, 2026 by and between the City of Palm Springs , a California charter city and municipal corporation (“City”), and MWH Constructors, Inc. , a Delaware corporation, (“Consultant”). City and Consultant are sometimes individually referred to as “P arty” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. City and Consultant entered into an agreement titled “ Professional Services Agreement WWTP Digester No. 2, Waste Gas Flare and Filtrate Pump Station Improvements Project, City Project No. 20 -25 and No. 21 -07” dated June 21, 2022 (“Agreement”), for the purpose of retaining the services of Consultant to provide construction management, inspection and testing services for an amount of $1,246,123.14.
2.2 Amendment No. 1. The City and Consultant amended the Agreement to provide for additional geotechnical testing services. The Parties have heretofore entered into that Amendment No. 1 dated November 14, 2022 for an amount of $17,237 for a new total maximum contract amount of $1,263,360.14.
2.3 Amendment No. 2. The City and Consultant amended the Agreement to provide for additional construction management and inspection services. The Parties have heretofore entered into that Amendment No. 2 dated February 2, 2024 for an amount of $274,567 for a new total maximum contract amount of $1,537,927.14.
2.4 Amendment No. 3. The City and Consultant amended the Agreement to provide for additional construction management and inspection services for the modifications, design, and construction of the Ferrous Chloride Dosing System. The Parties have heretofore entered into Amendment No. 3 dated July 9, 2024, for an amount of $323,100, for a new total maximum contract amount of $1,861,027.14.
2.5 Amendment No. 4. The City and Consultant amended the A greement to provide additional construction management and inspection services for the modifications, design, and construction of the Ferrous Chloride Dosing System, as well as South Coast Air Quality Management District construction permitting, and to extend the Agreement term. The Parties have heretofore entered into Amendment No. 4 dated May 28, 2025, for an amount of $192,045, for a new total maximum contract amount of $2,053,072.14.
2.6 Amendment No. 5 Purpose. The City and Consultant amended the Ag reement to provide additional construction management and inspection services . The Parties have heretofore
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entered into Amendment No. 5 dated January 14, 2026, for an amount of $18,340 for a new maximum contract amount of $2,071,412.14.
2.7 Amendment No. 6 Purpose. City and Consultant now desire to amend the Agreement to provide for additional construction management and inspection services and extend the term of the Agreement.
2.8 Amendment Authority. This Amendment No. 6 is authorized pursuant to Section 1.8 Additional Services of the Agreement.
3. T
erms.
3. 1 Scope of Services. Section 1.1 of the Agreement is hereby amended to read as follows:
“Exhibit “A” is hereby revised by incorporating the additional professional services outlined in the Consultant’s letter entitled “AMENDMENT NO. 6”, attached hereto and incorporated herein by reference.”
3. 2 Maximum Contract Amount . Section 2.1 of the Agreement is her eby amended to read as follows:
“The
Maximum Contract Amount is increased by $21,934 to a Maximum Contract Amount of $2,096,708.14
3. 3 Term. Delete Section 3.4 of the Agreement in its entirety and replace with the following:
“
Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect commencing on July 11, 2022 and ending on October 31, 2026, unless extended by mutual written agreement of the Parties.”
3.4 C
ontinuing Effect of Agreement . Except as amended by this Amendment No. 6, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 6. From and after the date of this Amendment No. 6, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 6.
3.5 A
dequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 6.
3.6 S
everability. If any portion of this Amendment No. 6 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7 C
ounterparts. This Amendment No. 6 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
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[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR A MENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT A9141 BY AND BETWEEN THE CITY OF PALM SPRINGS AND MWH CONSTRUCTORS, INC.
IN WITNESS WHEREOF, the Parties have executed this A mendment as of the dates stated below.
MWH CONSTRUCTORS, INC.:
By: ____________________________ By: ______________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: 08/26/2026 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
Exhibit A
Constultant letter
MWH Constructors, Inc.
1250 Corona Pointe Ct, Ste. 104
Corona, CA 92879
June 29, 2026
City of Palm Spri ngs
Attention: Juan Segoviano, P.E.
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Subject: Request for Contract Ame ndment No. 6
WWTP Digester No. 2, Waste Gas Flare and Filtrate Pump Station Improvement Project City Project Nos. 20-25 and 21-07
Dear Mr. Segoviano,
MWH Constructors is requesting Amendment No. 6 to the existing Professional Services Agreement A9141 for the WWTP Digester No. 2, Waste Gas Flare, and Filtrate Pump Station Improvement Project. This amendment accounts for a revised timeline and budget necessary to support continued Construction Management and Inspection Services associated with owner- directed design changes, startup and commissioning activities, regulatory compliance testing, contract administration, and project closeout.
Since execution of Amendment No. 6, additional design modifications have been required for the Waste Gas Flare System, Digester Gas H olde r System, associated instrumentation, controls integration, and SCADA programming. These changes have increased the level of effort required by the Construction Management Team to coordinate design revisions, review contractor submittals, process change orders, oversee construction implementation, and support startup and operational testing activities.
Revised Timeline
The current Agreement term extends through April 30, 2026. Due to ongoing construction activities, completion of SC ADA programming, instrumentation integration, startup and commissioning of the Gas Holder and Waste Gas Flare systems, South Coast Air Quality Management District (AQMD) compliance t esting requirements, contracto r change order processing, and fi n al p roject closeout activities, MWH respectfully requests an extension of services through October 31, 2026.
MWH Constructors, Inc.
1250 Corona Pointe Ct, Ste. 104
Corona, CA 92879
Additional Services
The additional services provided under Amendment No.6 include, but are not limited to:
•
Construction management oversight of Waste Gas Flare and Digester Gas Holder design modifications.
• Review and coordination of instrumentation and controls design revisions. • Coordination and oversight of SCADA and PLC programming development, testing, and implementation.
• Startup, commissioning, and operational readiness support for Digester No. 2, Gas Holder, Waste Gas Flare, and associated process systems.
• Coordination and monitoring of AQMD-required testing, reporting, and system performance verification following system startup.
• Review, negotiation support, and processing of contractor change orders associated with owner-directed modifications.
• Review and processing of contractor schedule updates and Time Impact Analyses. • Final project closeout support, including review of O&M manuals, training documentation, record drawings, warranties, and final acceptance documentation.
Revised Budget
The overall budget adjustment includes an additional cost of $21,934, as outlined in the attached fee schedule breakdown. This a djustment provides the necessary resources t o support owner-directed design changes associated with the Waste Gas Flare and Digester Gas Holder systems, instrumentation and controls modifications, SCADA programming and integration activities, AQMD compliance testing and reporting, contractor change order processing, startup and commissioning support, and final project closeout activities.
Fee Schedule Overview
Description
Construction Manager
Hours Rate Amount
80 $203/hr. $16,240
MWH Constructors, Inc.
1250 Corona Pointe Ct, Ste. 104
Corona, CA 92879
Construction Inspector 20 hrs. $185/hr. $3,700
Subtotal Labor
10% Contingency
Total Amendment No. 7 Request
$19,940
$1,994
$21,934
We are committed to ensuring the highest quality and compliance with all regulatory requirements for this project. Our team will continue to work diligently to manage these final phases efficiently. We seek your understanding and approval of this budget amendment and revised timeline to proceed accordingly.
I am committed to working closely with you to provide any additional documentation or clarification required to support this request.
I appreciate your understanding and cooperation in this matter.
Sincer
ely,
Michael
Dietrick, CCM, RCI, ICC
Regional Manager
MWH Construction Management Services