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HomeMy WebLinkAboutAGMT - Butier Engineering, Inc. (Lampson Well Treament System)PROFESSIONAL SERVICES AGREEMENT for Lampson Well Treatment System — Construction Management & Inspection Services C between SEA1 UN 61 City of Seal Beach 211 - 8th' Street Seal Beach, CA 90740 1.3 Butier Engineering, Inc. 17822 E. 17th Street, Suite 404 Tustin, CA 92780 (714) 832-7222 This Professional Service Agreement ("the Agreement") is made as of October 13, 2025 (the "Effective Date"), by and between Butier Engineering, Inc. ("Consultant"), a California corporation and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 RECITALS A. City desires certain construction management and inspection services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals on May 7, 2025, for the Lampson Well Treatment System — Construction Management & Inspection Services (CIP WT1902) and as further defined and described with specificity in Section 1.0 of this Agreement. Consultant submitted a proposal dated June 18, 2025, to perform the professional services defined and described in Section 1.0 of this Agreement. C. Consultant represents that the principal members of its firm are licensed and registered professional Construction Management & Inspection Services and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those professional services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant's Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services (collectively "Services") set forth in the Request for Proposals or other solicitation ("RFP"), attached hereto as Exhibit A and incorporated herein by this reference, and Consultant's accepted Proposal ("Proposal") attached hereto as Exhibit B and incorporated herein by this reference, all to City's reasonable satisfaction. The Services relate to the following City project: Lampson Well Treatment System (CIP WT1902). 1.2. Agreement Documents; Order of Precedence. 1.2.1. The Agreement Documents include this Agreement itself, and all of the following: (i) the RFP, including all standards, appendices and exhibits attached thereto or referenced therein (Exhibit A); and (ii) the Proposal (Exhibit B); and iii) Terms for Compliance with California Labor Law 2 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 Requirements (Exhibit C) and all of which are incorporated herein by this reference. 1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit C (Terms for Compliance with California Labor Law Requirements), and then (iv) Exhibit A (the RFP); and then (v) Exhibit B (the Proposal), shall control. In the event there is any conflict between the Agreement, on the one hand, and Exhibits A, B, C, on the other hand, the Agreement shall control. 1.3. Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1.4. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from City's Representative. 1.5. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.6. Additional Services. Consultant will not be compensated for any work performed not specified in the Scope of Services unless City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of 3 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. Original Term. The term of this Agreement shall commence on October 13, 2025, and shall remain in full force and effect until June 30, 2028, unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Consultant's Compensation 3.1. Original Term. In consideration of Consultant's performance of the Services described in Section 1.0, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will City pay more than the total not -to -exceed amount of $494,722.00 (Four Hundred Ninety -Four Thousand Seven Hundred Twenty -Two dollars) for the Term. Payment for any additional work authorized by City pursuant to Subsection 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term. 4.0 Method of Payment Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 5.0 Termination 5.1. Termination by City. 5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant written notice thereof not less than 30 days prior to the date of termination. 5.1.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 4 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. 5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon the effective termination date. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant all undisputed amounts for any portion of the Services satisfactorily completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. in no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 6.0 Party Representatives 6.1. The City Manager is City's representative for purposes of this Agreement. 6.2. Mark M. Butier, Jr. is the Consultant's primary representative for purposes of this Agreement. Mark M. Butier, Jr. shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit 5 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 in the united States -Mail, first class postage prepaid and addressed to -the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn- City Manager To Consultant: Butier Engineer, Inc. 17822 E. 17th Street, Suite 404 Tustin, California 92780 Attn: Mark M. Butier, Jr. 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, registrations, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision. Consultant will determine the means, methods, and details by which Consultant's employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and 6of24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except (i) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (ii) as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans and other documents on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or (iii) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. In addition to all other provisions of this Agreement, Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, servants, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's 7 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law ("PERL"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"), and the regulations of PERS, as amended from time to time. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this ,Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Ownership of Work Product 11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, photographs, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or electronic files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed, prepared or used by Consultant in the performance of this Agreement (collectively "Work Product") shall be considered "works made for hire," for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or 8 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 limitation upon their use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant's consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City's own risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. 11.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11.1. 11.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, agents, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 9 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 12.0 Confidentiality 12.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Consultant in the performance of this Agreement are confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, servants, and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City timely notice of such court order or subpoena. 12.1. Consultant shall promptly notify City should Consultant, its officers, employees, agents, servants, and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 12.2. Consultant's covenants and obligations under this Section shall survive the termination or expiration of this Agreement. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of City, and any subcontracting shall be at Consultant's sole cost and expense. Consultant is fully responsible to City for the performance of any and all subcontractors, and Consultant shall monitor and review all work and other services performed by any subcontractor to ensure that all Services performed 10 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 by such subcontractor comply with the requirements and provisions of this Agreement. 14.0 Prohibition Against Assignment, Transfer or Delegation Consultant shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation without City's consent shall be void and without effect, and shall entitle City to terminate this Agreement. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to normifon ov71i infinn of oil Ceniirlec in nnnner4inn fhere1e1ifh All c11e+h rerrnrrlc rvllllla wll Vl - VV Vl- 111 I-\11 . U1 11 ILrLrVIVJ shall be clearly identified and readily accessible. Upon 24 hours' notice by City, during regular business hours Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to City any hazardous condition noted by Consultant. 17.0 Insurance 11 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, death, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents, servants, and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).. 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability Insurance: with limits of at least $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.2.4. Professional Liability (or Errors and Omissions) Liability Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with this Agreement, with minimum limits of $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A.-Vill, licensed to do business in California, and satisfactory to City. 12 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 17.4. Additional Insureds. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days (or ten days for nonpayment) prior written notice by certified mail, return receipt requested, has been given to City; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. Each insurance policy shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed 13 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials; or (ii) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights of subrogation against City; and shall require similar express written waivers from any subcontractor. 17.10. Enforcement of Agreement Provisions (Non -Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City's part to inform Consultant of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 17.11. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by City before work commences. City also 14 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.13. Insurance Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. 17.14. Broader Coverage/Hi. her Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. Consultant may also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution _r ate_ n__.:--- �r �_�_..u_._i .---°--�-°-- broader . prosecu ion o he Services. li Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. 17.15. Subcontractor Insurance Reg uirements/Pass-Through Clause. Consultant shall require each of its subconsultants and/or subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City's request. 17.16. Timely Notice of Claims. Consultant shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnities. 18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City, its 15 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 elected and appointed officials, officers, attorneys, employees, agents, servants, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens or losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement and/or any acts, errors, omissions, negligence or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.1.2. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor, subconsultant, or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity agreements, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, arising out of, are claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant's subcontractor, subconsultant or other person or entity, and its officers, agents, servants, employees, materialmen, contractors, subcontractors and/or subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant's subcontractor, subconsultant and/or such other person or individual shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as 16 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 determined by final arbitration or court decision or by the agreement of the Parties. 18.3. Workers' Compensation Acts Not Limiting. Consultant's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. 18.4. Indemnification Not Limited By Insurance. Procurement of insurance by Consultant is not and shall not be construed as a limitation of Consultant's liability, or as a waiver of or limitation on full performance of Consultant's duties of defense and indemnification, under this Section 18.0 or under any other provision of this Agreement. Consultant's defense and indemnification obligations under this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees as defined in this Section 18.0, and Consultant's defense and indemnification obligations under this Agreement shall not be restricted to insurance proceeds, if any, received by Consultant, City, or any of the other Indemnitees. 18.5. Survival of Terms. Consultant's covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non -Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant covenants that it shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors, subcontractors or subconsultants because or on account of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against City, its elected or appointed officials, officers, employees, agents, servants, volunteers, those City agents serving as independent contractors in the role of City officials, consultants, contractors, subcontractors, or subconsultants, on any basis prohibited by law. 20.0 Labor Certification 17 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Government Code Claim Compliance In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for additional services, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to additional services, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a lawsuit against City. 25.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in 18 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 interpreting this Agreement. Orange County, California, shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both). 26.0 Non -Exclusive Agreement Consultant acknowledges that City may enter into agreements with other consultants for services encompassed by or similar to the services that are subject to this Agreement or may have its own employees perform services encompassed by or similar to those services contemplated by this Agreement. 27.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 28.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states. 29.0 Prohibited Interests; Conflict of Interest 29.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 19 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 29.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 29.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 30.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents, and servants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and servants. 31.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 20 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 32.0 Non -Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 33.0 Mutual Cooperation 33.1. City's Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 33.2. Consultant's Coo eration. Consultant agrees to work closely and cooperate fully with City's representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or orrfinn is hrni inhf 7n7inef 1-ifv rninfinn fn i`nnci d+nnf'c of Ceniine� ......— w — —tj I I. uyun —k vI.r i ✓IGU LI .J w vWI wunai is J Vv ivi i i ICA vi vci v i%.cQ rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 34.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 35.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 36.0 Titles and Headings The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 21 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 37.0 Recitals The Recitals set forth above are incorporated herein by reference. 38.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. [signatures on following page] IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH f r Patrick Gallegos, City Manager Attest: By: City Approved as to Form: By: i Nicholas Ghirelli, City Attorney CONSULTANT: Butler Eng Inc., a California corporaion , By: / Name: Its: By: Name: r Its: (Please note, two signatures required for corporations pursuant to California r orations Code Section 313 from each e following categories: (i) the chairson of the board, the president or any v ekpresident, and (ii) the secretary, =.n.) Ont secretary, the chief financial any assistant treasurer of such k�ROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED 22 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/1812023 2895843 EXHIBIT A CITY REQUEST FOR PROPOSALS OR OTHER SOLICITATION Lampson Well Treatment System — Construction Management & Inspection Services Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 City of Seal Beach Request for Proposals for Lampson Well Treatment System - Construction Management & Inspection Services �SEAC e� RFP responses to be received until 2:00 P.M., June 11, 2025 in the Public Works Department ATTN: Kathryne Cho, City Engineer/Deputy Public Works Director Approved for Advertising: Kathryne Cho City Engineer Date Issued: May 7, 2025 Table of Contents I. INTRODUCTION....................................................................................................3 II. QUALIFICATIONS..................................................................................................3 III. SCOPE OF SERVICES..........................................................................................4 IV. ADMINISTRATIVE ELEMENTS..............................................................................5 V. PRE -PROPOSAL QUESTIONS..............................................................................6 VI. SCHEDULE............................................................................................................6 VII. SUBMITTAL REQUIREMENTS..............................................................................6 VIII.FEE & COST PROPOSAL......................................................................................8 IX. INTERVIEW............................................................................................................9 X. SELECTION PROCESS.........................................................................................9 XI. GENERAL CONDITIONS.....................................................................................10 EXHIBIT A LAMPSON WELL TREATMENT SYSTEM - CONCEPT DESIGN ............ 12 EXHIBIT B SAMPLE PROFESSIONAL SERVICES AGREEMENT ............................13 L niS'was r REQUEST FOR PROPOSALS FOR Lampson Well Treatment System CONSTRUCTION MANAGEMENT & INSPECTION SERVICES INTRODUCTION The City of Seal Beach ("City") owns and operates four water production facilities — (1) Lampson Well, (2) Beverly Manor Well, (3) Leisure World Well, and (4) Bolsa Chico Well. The Lampson Well is located at 4307 Lampson Avenue, in the City of Seal Beach. The Well was built around 2011. The existing 500 HP well pump has a capacity of 3,500 gallons per minute (gpm) at 440 feet of head. Due to the hydrogen sulfide concentrations in the groundwater, the City has been operating the Well at a reduced flow rate of approximately 700-800 gpm. The City has retained Pacific Advanced Civil Engineering, Inc. (PACE) to design a H2S treatment system utilizing four (4) granular activated carbon (GAC) media vessels. This treatment system will also have the ability to be placed in a lead -lag configuration to treat other future contaminants, if ever identified. A treatment system schematic is included for reference. Estimated construction value is at $3 million. Estimate active construction duration is currently estimated at nine (9) months. The City is soliciting proposals from qualified consultants to provide professional construction management and inspection services for the Project improvements. II. QUALIFICATIONS Minimum Qualifications • Valid California license and/or certification for the discipline of Work. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Minimum ten (10) years of professional construction management and inspection services, or demonstrated equivalent experience, in similar water production/treatment facility settings. • Knowledge and experience working in the Orange County Groundwater Basin. 3 wi*8 • Minimum of five (5) years of professional working history with similar sized municipalities, with satisfactory references. Des ira_bis _Qu atification s • Knowledge and experience with the City of Seal Beach's standards, provisions, and practices. ■ Adequate availability of key team members. • Proficiency with applicable regulatory agencies' rules and regulations. Ill. SCOPE OF SERVICES The following is an envisioned approach but is subject to change based on the Consultant's project understanding and recommended approach. 1. Construction Management and Project Management — Consultant shall provide project coordination starting at the 90% design phase, which would at a minimum include plan check & constructability review, coordination with design consultant, final bid package assembly and review, bid support, and coordination of on-site work. 2. Inspection — Provide daily inspection and records during the course of construction, including verification of BMPs and NPDES materials. There may be occasions where work may take place outside of normal working hours to accommodate construction and operational needs. 3. Meetings - Coordinate and conduct meetings with design consultant, permitting agencies, any regulatory/governing body, and contractor. Consultant should anticipate developing agendas and minutes for each meeting. 4. Schedule & Budget — Ensure on-time and within budget project delivery. This will include regular schedule updates and budget reports. 5. Submittals & RFI's — Coordinate review and response to RFI's with design consultant, as necessary. Evaluate merit of any potential claims. 6. Materials & Compaction — Provide necessary materials, compaction, and specialty testing. 7. Public Relations — Coordinate construction notifications and proactively respond to public inquires. 8. Progress Payments & Change Orders — Coordinate and validate contractor change orders and monthly progress payments. 9. Startup, Testing, and Permitting — Coordinate final startup, testing, and integration activities. Arrange for all necessary City staff training. 4 raw works 10. Close Out a Training — Coordinate and review all construction closeout documentation. Ensure end-users are properly trained prior to demobilization. IV. ADMINISTRATIVE ELEMENTS 1. The Consultant will be required to enter into the City's form of professional services agreement. The agreement will incorporate the provisions of the RFP and the Consultant's proposal. The agreement will provide the City with the option to terminate the Consultant's services or cancel the project at any time, including but if not limited to, on the basis of cost. A sample Professional Services Agreement is included in this RFP as Exhibit A. 2. The Consultant shall assign a responsible representative and an alternate to perform the assigned tasks. Both staff members shall be identified in the proposal. The Consultant's representative will be responsible for all duties from contract negotiations through project completion. If the primary representative is unable to continue with the project, then the alternate representative will become the primary representative. Any other changes in responsible representative must be approved, in advance, by the City. The City will have the right to reject other proposed changes in personnel and may consider any other changes in responsible personnel a breach of contract. 3. Entry into a contract is dependent upon the Consultant having an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 48 CFR Part 31 and 2 CFR Part 200, and compliance with all other City requirements. 4. The Consultant will not be allowed to bid on, or benefit from, a construction contract to perform any of the project work. 5. Conflict of Interest Statement. The Consultant shall disclose any financial, business or other relationship with the City of Seal Beach (including City employees and City Council members) that may have an impact upon the outcome of the contract. The Consultant shall also list current clients who may have a financial interest in the outcome of this contract. 6. Litigation. The Consultant shall indicate if the proposing Consultant was involved with any litigation in connection with prior projects. If yes, briefly describe the nature of the litigation and the result. 7. Financial Responsibility. The Consultant shall provide a brief statement affirming that the consultant's and subconsultants have an adequate financial management and accounting system. 8. The Consultant shall provide all necessary personnel, instruments, equipment, and materials to perform the services described. 9. The City of Seal Beach reserves the right to accept, reject any or all proposals or to waive any defects or irregularities in the proposals or selection process, or to cancel or terminate this procurement. W"19 V. PRE -PROPOSAL QUESTIONS For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Kathryne Cho City Engineer/Deputy Public Works Director Department of Public Works 211 Eighth Street Seal Beach, CA 90740 kchofrDsea I b ea ch c a . gov (562) 431-2527 ext. 1321 The City will respond to all questions and requests for clarification received by May 30, 2025. V.I. SCHED'L'LE The following dates reflect the anticipated schedule: ■ Request for Proposal Solicitation Pre -Proposal Question Deadline Proposal Submittal Deadline ■ Consultant Interview (if conducted) ■ Contract Award by City Council ■ Notice to Proceed VII. SUBMITTAL REQUIREMENTS Acceptance of Submittals May 7, 2025 May 30, 2025, 10:00 a.m. June 11, 2025, 2:00 p.m. June 2025 July 2025 August 2025 Proposals are due by 2:OO PM on June 11, 2025 (Postmarks will not be accepted) to the following: Kathryne Cho City Engineer/Deputy Public Works Director City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 kcho&sealbeachca gov 6 mi enaf paw WN*8 (562) 431-2527 ext. 1321' ; i" Please submit three (3) bound hard copies, and one (1) electronic copy of the Consultant's Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project. .f .'!l There is no expressed or implied obligation for City to reimburse firms fbr any expenses incurred in preparing proposals in response to this request. Materials submitted by r6sporfdents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety will be ineffectiv6 and Will be disregarded. The City reserves the right to retain all proposals submitted, and to useany idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indidates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in' the proposal submitted and confirmed in the contract between the City and the selected Consultant. .sic )i All property rights, including publication rights of all reports produced by1he selected Consultant in connection with services performed under this Agreement shall be vested in the City. r e Information to be Submitted ' The following information shall be provided, at a minimum:". Cover Letter References Table of Contents Fee & Cost Proposal Company Qualifications Exceptions is Local Staffing List Business Entity h Understanding/Approach Contract Signatories Proposal shall be a maximum of 25 pages, excluding cover page, cover letter, table of contents, resumes and report dividers. Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal and designate the firm's authorized representative regarding this RFP. Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided. Company Qualifications: Provide a summary of the Consultant's qualifications, including background and experience. Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including sub -Consultants. Identify the individual(s) authorized to negotiate the contract on behalf of the Consultant's firm and the Consultant's project manager. Understanding/Approach: Describe the Consultant's understanding of the Work requested in this RFP, any key issues that may need special attention. Describe how the Consultant will approach the scope of services and each task needed to complete the project. W&q*s Any task assumptions and/or exclusions shall be clearly identified. References: Consultant should provide a minimum of three (3) references from public agencies the Consultant has performed work for within the last seven (7) years. Information shall include, at a minimum: • Agency name • Scope of work and/or services provided, prime/sub-Consultant. • Project outcome • Construction and/or contract value • Dates • Client project manager name, valid telephone number, and email Fee & Cost Proposal: A Fee & Cost Proposal shall be submitted in a separate, sealed envelope and marked as "Lampson Well Treatment System — Construction Management and Inspection Services Proposal". The information and detail included in the fee proposal shall conform to the provisions of Section VII - Fee Proposal, of this RFP. Please note that part of the evaluation criteria takes into consideration the responsiveness of a proposal; proposals missing the required components will be evaluated accordingly. Exceptions: The Consultant shall review this RFP and attached sample contract. Exceptions to any portion of the RFP and/or City's standard agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm. Business Entity: Clearly indicate the firm's business entity type (i.e., a California corporation). Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313. VIII. FEE & COST PROPOSAL In preparing the Fee & Cost Proposal for this project, the Consultant shall take into consideration the following: 1. Unless specially noted, compensation for any services provided will be on a time -and -materials. Fee and cost proposal, and billing rates shall remain effective for the term of the Agreement. Any anticipated billing/rate adjustments shall be clearly identified in the Proposal. 3. The Consultant's standard, overtime, and double-timing, billing rates for all classifications of staff likely to be involved shall be included with the fee proposal along with the mark-up rate for any non -labor expenses and sub -Consultants. Any anticipated fee adjustments shall be clearly noted. 4. The City will negotiate the final fee with the top-ranking Consultant(s), if necessary. ri Public wairik8 IX. INTERVIEW Top ranked Consultant team(s) may be interviewed by the selection committee. Proposed key personnel from the Consultant's team may be requested to present the teams' and their qualifications at an interview. X. SELECTION PROCESS Proposals will be evaluated on the basis of the response to all provisions of this RFP. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation. The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. ` POTENTIAL EVALUATION CRITERIA Completeness of Response (Pass1Fa11) Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria, and may receive no further consideration. I Qualifications & Experience (40 points) a. Local Presence - A statement addressing firm's ability to effectively conduct the Work for the City based on the Firm's location. b. Relevant experience, specific qualifications, and technical expertise of the Consultant and sub -Consultants to perform the work. c. Quality of references - name of at least three (3) agencies the Consultant currently or have previously consulted for in the past seven (7) years. d. Experience/knowledge of the Orange County Groundwater Basin and various regulatory permitting agencies. e. Familiarity with City standards and practices. 3. Organization & Approach (40 points) f a. Consultant's understanding of requested Work and proposed scope of work. b. Consultant's project team and quality of key individuals. Availability and allocation of key individuals. c. Consultant's understanding of the nature of public sector work and its decision-making process. d. Proposed schedule and hours. Description of project management and cost control mechanism. Wi 1W Pow WW *& 4. Conformity (20 points) a. Quality, clarity, and responsiveness to RFP. b. Conformity to the sample PSA. The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. All proposals received as specified will be evaluated by City staff in accordance with the abovementioned. During the evaluation period, the City may do any or all of the following: generate a "short list" and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates' places of business. Consultants should be aware that award may be made without Consultant visits, interviews, or further discussion or negotiations. XI. GENERAL CONDITIONS A. signature The Letter Proposal shall be signed by an individual authorized to bind the Consultant. B. Other Considerations: The City shall not be liable for any pre -contractual expenses incurred by any firm considering submitting a proposal in response to this RFP. The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding this RFP. C. Business License Required The Seal Beach Municipal Code requires all businesses operating in the City to pay a business license tax. For more information, go to www.sealbeachcc. ov. D. Prevailing Wage All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Consultant shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Agreement to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by City with respect to or in any way arising from the Project's compliance with or failure to comply with applicable laws, including all applicable federal and 10 state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq. Consultant agrees that all public work (as defined in California Labor Code section (1720) performed pursuant to this Agreement (the "Public Work"), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a "public work" as defined in California Labor Code section 1720. In all bid specifications, contracts and subcontracts for any such Public Work, Consultant shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: "It shall be mandatory for the Consultant to pay not less than the said prevailing rate of wages to all workers employed by the Consultant in the execution of this contract. The Consultant expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771." E. Registration with the Department of Industrial Relations In accordance with Labor Code Sections 1725.5 and 1771.1, no Consultant or subConsultant shall be qualified to bid on, be listed in a proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. The Department of Industrial Relations Registration Number shall be listed for the Consultant and each subconsultant, if any, in the proposal. Ww*# EXHtBfT A LAMPSON WELL TREATMENT SYSTEM - CONCEPT DESIGN 12 pmm WN*S EXHIBIT B SAMPLE PROFESSIONAL SERVICES AGREEMENT 13 PROFESSIONAL SERVICES AGREEMENT for Lampson Well Treatment System — Construction Management & Inspection Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 C� <Consultant Name> <Address> <City, State, Zip Code> <Phone Number> This Professional Service Agreement ("the Agreement") is made as of <INSERT DATE> (the "Effective Date"), by and between cCONSULTANTIS COMPLETE LEGAL NAME> ("Consultant"), <TYPE OF LEGAL ENTITY AND STATE OF FORMATION (e.g., a California corporation, partnership, limited liability company, sole proprietorship, etc.)> and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). Master Template: (No Design) Professional Services Agreement Approved: 12/1812023 2895843 RECITALS A. City desires certain construction management and inspection services B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals on May 7, 2025, for the Lampson Well Treatment System — Construction Management & Inspection Services and as further defined and described with specificity in Section 1.0 of this Agreement. Consultant submitted a proposal dated <DATE> to perform the professional services defined and described in Section 1.0 of this Agreement. C. Consultant represents that the principal members of its firm are licensed and registered professional <TYPE OF SERVICES> <AND INSERT AS APPROPRIATE: (DIR Registration #XXXXXXX and/or CSLB License #XXXXXX, etc.)> and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those professional services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services Consultant's Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services (collectively "Services") set forth in the Request for Proposals or other solicitation ("RFP"), attached hereto as Exhibit A and incorporated herein by this reference, and Consultant's accepted Proposal ("Proposal") attached hereto as Exhibit B and incorporated herein by this reference, all to City's reasonable satisfaction. The Services relate to the following City project: Lampson Well Treatment System (CIP ST1902) 1.1. Agreement Documents& Order of Precedence. 1.2.1. The Agreement Documents include this Agreement itself, and all of the following: (i) the RFP, including all standards, appendices and exhibits attached thereto or referenced therein (Exhibit A); and (ii) the Proposal (Exhibit B); and iii) Terms for Compliance with California Labor Law 2of24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 Requirements (Exhibit C); and (iv) <INSERT ANY ADDITIONAL EXHIBITS AS APPROPRIATE FOR AN INDIVIDUAL AGREEMENT>, all of which are incorporated herein by this reference. 1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit C (Terms for Compliance with California Labor Law Requirements); and then (iii) Exhibit D (if any); and then (iv) Exhibit A (the RFP); and then (v) Exhibit B (the Proposal), shall control. In the event there is any conflict between the Agreement, on the one hand, and Exhibits A, B, C, D, etc. on the other hand, the Agreement shall control. <CHANGES TO THE ORDER OF PREFERENCE MAY BE MADE BASED ON THE ORDER OF PRECEDENCE INCLUDED IN AN RFP, BUT IN ALL CASES THE AGREEMENT AND LABOR LAW PROVISIONS SHOULD TAKE PRECEDENCE OVER ANY OTHER EXHIBITS UNLESS APPROVED BY THE CITY ATTORNEY'S OFFICE> 1.2. Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1.3. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from City's Representative. 1.4. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 3of24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 1.5. Additional Services. Consultant will not be compensated for any work performed not specified in the Scope of Services unless City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. Original Term. The term of this Agreement shall commence on <DATE>, and shall remain in full force and effect until <DATE>, unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Consultant's Compensation 3.1. Original Term. In consideration of Consultant's performance of the Services described in Section 1.0, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will City pay more than the total not -to -exceed amount of $ dollars) <TOTAL CONTRACT AMOUNT> for the Term. Payment for any additional Mork athvrized by City pursuant to Subsection 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term. 4.0 Method of Payment Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 5.0 Termination 5.1. Termination by City. 5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant written notice thereof not less than 30 days prior to the date of termination. 4 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 5.1.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. <ON A CASE-BY-CASE BASIS, A LONGER NOTIFICATION PERIOD MAY BE NECESSARY DEPENDING ON THE TYPE OF AGREEMENT OR SERVICES> 5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon the effective termination date. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant all undisputed amounts for any portion of the Services satisfactorily completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 6.0 Party Representatives 6.1. The City Manager is City's representative for purposes of this Agreement. 6.2. <NAME> is the Consultant's primary representative for purposes of this Agreement. <NAME> shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unroasonably withheld. 5 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: <Consultant> <Address> City, State, Zip Code> Attn: <Consultant Representative> 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, registrations, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision. Consultant will determine the means, methods, and details by which Consultant's employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's 6 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except (i) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (ii) as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or (iii) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. In addition to all other provisions of this Agreement, Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, servants, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from 7 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law ("PERL"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"), and the regulations of PERS, as amended from time to time. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in perfluorrining this Agreement shall not assign or utilize any or its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Ownership of Work Product 11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, photographs, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or electronic files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed, prepared or used by Consultant in the performance of this Agreement (collectively "Work Product") shall be considered "works made for hire," for the 8 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant's consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City's own risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. 11.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11.1. 11.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, agents, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. 9 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 12.0 Confidentiality 12.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Consultant for performance of this Agreement are confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, servants, and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, Ia,K�.— ..F ..4 ♦....a: ..a .4--:4C. a- _ate -AL--- I cucia of SuppUiy LG,J1111Uiry AL UUPbiLIns, response LU IIILCIIUgr_fLU11eS UI UU1U1 information concerning the Services performed under this Agreement or relating to any project or property located within City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City timely notice of such court order or subpoena. 12.1. Consultant shall promptly notify City should Consultant, its officers, employees, agents, servants, and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 12.2. Consultant's covenants and obligations under this Section shall survive the termination or expiration of this Agreement. 10 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of City, and any subcontracting shall be at Consultant's sole cost and expense. Consultant is fully responsible to City for the performance of any and all subcontractors, and Consultant shall monitor and review all work and other services performed by any subcontractor to ensure that all Services performed by such subcontractor comply with the requirements and provisions of this Agreement. 14.0 Prohibition Against Assignment, Transfer or Delegation Consultant shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation without City's consent shall be void and without effect, and shall entitle City to terminate this Agreement. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. Upon 24 hours' notice by City, during regular business hours Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may 11 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to City any hazardous condition noted by Consultant. 17.0 Insurance 17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. <PLEASE HAVE RISK MANAGER REVIEW ALL SPECIFIED INSURANCE FORMS, COVERAGES AND POLICY MINIMUM LIMITS BEFORE FINALIZING AGREEMENT. MODIFIED OR ADDITIONAL PROVISIONS, FORMS OR POLICIES MAY BE REQUIRED DEPENDING ON SPECIFIC SERVICES TO BE PROVIDED.> 17.2. Minimum Scope and Limits of In r nce. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this r%VI=IIIVI IL, as Iulluvvb. 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, death, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreementtlocation or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents, servants, and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).. 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability Insurance: with limits of at least $1,000,000 per accident and in the aggregate for bodily injury or disease; 12 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 17.2.4. Professional Liability (or Errors and Omissions) Liability Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with this Agreement, with minimum limits of $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.2.5. <INSERT OTHER COVERAGES REQUIRED FOR SPECIFIC AGREEMENT AS REQUIRED BY RISK MANAGER (e.g., Cyber Liability Insurance, Crime Policy or Fidelity Bond, Pollution and Environmental Liability Insurance, Excess/Umbrella Liability Insurance; etc.)> . 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to City. 17.4. Additional Insureds. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days (or ten days for nonpayment) prior written notice by certified mail, return receipt requested, has been given to City; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not 13 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/1812023 2895843 affect coverage provided to City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. Each insurance policy shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials; or (ii) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights of subrogation against City; and shall require similar express written waivers from any subcontractor. 17.10. Enforcement of_Agreement Provisions (Non -Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City's part to inform Consultant of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 17.11. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during 14 of 24 Mester Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.13. insurance Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. 17.14.6roader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. Consultant may also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. 17.15. Subcontractor Insurance Requirements/Pass-Through Clause. Consultant shall require each of its subconsultants and/or subcontractors that 15 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section <except as otherwise waived in writing by City's Risk Managerp. Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City's request. 17.16. Timely Notice of Claims. Consultant shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnities. 18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City, its elected and appointed officials, officers, attorneys, employees, agents, servants, wl• waw .J LL ... A'L ._1_ 1 volu Leers, successors, assigns and hOSO City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens or losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement and/or any acts, errors, omissions, negligence or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 18.1.2. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor, subconsultant, or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity agreements, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, arising out of, are claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant's subcontractor, subconsultant or other person or entity, and its officers, agents, servants, employees, materialmen, contractors, subcontractors and/or subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant's subcontractor, subconsultant and/or such other person or individual shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. 18.3. Workers' Compensation Acts Not Limiting. Consultant's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. 18.4. Indemnification Not Limited _6y Insurance. Procurement of insurance by Consultant is not and shall not be construed as a limitation of Consultant's liability, or as a waiver of or limitation on full performance of Consultant's duties of defense and indemnification, under this Section 18.0 or under any other provision of this Agreement. Consultant's defense and indemnification obligations under this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees as defined in this Section 18.0, and Consultant's defense and indemnification obligations under this Agreement shall not be restricted to insurance proceeds, if any, received by Consultant, City, or any of the other Indemnitees. 18.5. Survival of Terms. Consultant's covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 17 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/1812023 2895843 19.0 Non -Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant covenants that it shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors, subcontractors or subconsultants because or on account of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against City, its elected or appointed officials, officers, employees, agents, servants, volunteers, those City agents serving as independent contractors in the role of City officials, consultants, contractors, subcontractors, or subconsultants, on any basis prohibited by law. 20.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Cnrnlinn'2�nn of the California1 abo Code that v. va.vawr .�r vv vi arc %011VLauvr %a U L11gL require evefy employer to De insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 18 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 24.0 Government Code Claim Compliance In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for additional services, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to additional services, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a lawsuit against City. 25.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Orange County, California, shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both). 26.0 Non -Exclusive Agreement Consultant acknowledges that City may enter into agreements with other consultants for services encompassed by or similar to the services that are subject to this Agreement or may have its own employees perform services encompassed by or similar to those services contemplated by this Agreement. 27.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 28.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this 19 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 Agreement shall be (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states. 29.0 Prohibited Interests; Conflict of Interest 29.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 29.2. Consultant further warrants and maintains that it has not employed retained ..au.. -ILL--- ILL_ L_ s. -A- -'- -'-'-- or rcLainou ally peiSoil VI e11LIL�r, UL1101 Man a Duna ILUC elflploy6L; working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 29.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 30.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation 20 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents, and servants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and servants. 31.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 32.0 Non Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 33.0 Mutual Cooperation 33.1. City's Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 33.2. Consultant's Cooperation. Consultant agrees to work closely and cooperate fully with City's representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 34.0 Time of the Essence 21 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 35.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 36.0 Titles and Headings The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 37.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 38.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. [signatures on following page] IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 22 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 CITY OF SEAL BEACH CONSULTANT: CINSERT COMPLETE LEGAL NAME>, a <INSERT TYPE OF ENTITY (e.g., a California corporation> By: Patrick Gallegos, Interim City Manager By: Name: Its: Attest: By: Name: By: Its: Gloria D. Harper, City Clerk Approved as to Form: By: Nicholas Ghirelli, City Attorney (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED 23 of 23 City of Seal Beach Master Template Approved; 12/1/2023 2895843 EXHIBIT CITY REQUEST FOR PROPOSALS OR OTHER SOLICITATION Lempson Well Treatment System — Construction Management & Inspection Services Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 EXHIBIT B PROPOSAL (Consultant's Proposal for Construction Management & inspection Services, dated XXXXXXX) Master Template: (No Design) Professional Sewloss Agreement Approved: 12/18/2023 2898843 EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges recaipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its elected and appointed officials, officers, employees, agents, servants, and those City agents serving as independent contractors in the role of City officials, and volunteers and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees, agents and servants) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 June 3, 2025 Department of wwic Warks Addendum No. 1 Request for Proposals (Lampson Well Treatment System — Construction [Management & Inspection Services) Attention all Interested Parties: The following clarifications, revisions, additions and/or deletions are hereby made a part of the Lampson Well Treatment System — Construction Management & Inspection Services RFP documents: 1. Section V. Pre -Proposal Questions shall be revised as follows: The City will respond to all questions and requests for clarification received by June 9, 2025. All other text in this section remains unchanged. 2. Section Vt. Schedule shall be revised as follows: The following dates reflect the anticipated schedule: • Request for Proposal Solicitation May 7, 2025 • Pre -Proposal Question Deadline June 9, 2025, 9:00 a.m. • Proposal Submittal Deadline June 18, 2025, 2:00 p.m. - Consultant Interview (if conducted) June 2025 ■ Contract Award by City Council July 2025 Notice to Proceed August 2025 3. Section VII, Submittal Requirements shall be revised as follows: Acceptance of Submittals Proposals are due by 2:00 PM on June 18 2025 (Postmarks will not be accepted) to the following: All other text in this section remains unchanged. END OF ADDENDUM By order of the City of Seal Beach, Deputy Director' of Public Works/City Engineer Date For your reference, below are updates to the Lampson Well Treatment System • The Lampson Well Treatment System Bid Documents have been uploaded to the rity of .Real Ranch PlanetBid portal. Complete construction bid package may be downloaded using the following link: https://vendors.planetbids.com/portal/39491/bo/bo-search An optional construction pre-bid meeting has been scheduled for June 12, 2025, at 10:30 am at the Lampson Well project site (Lampson Avenue between Candleberry Avenue and Heather Street). All are welcome to join. EXHIBIT B PROPOSAL (Consultant's Proposal for Construction Management & Inspection Services, dated June 18, 2025) Master Template: (No Design) Professional Services Agreement Approved: 12118/2023 2895843 CITY OF SEAL BEACH Proposal to Provide Construction Management: and Inspection Services for the Lampson Well Treatment System J TABLE OF CONTENTS Proposal to provide Construction Management and Inspection Services for the Lampson Well Treatment System June 18, 2025 Submitted by: Butier Engineering, Inc. 17822 E. 17th Street, Suite 404 Tustin, CA 92780 BUTI ER J SECTION 1. Executive Summary Cover Letter June 18, 2025 Kathryne Cho City Engineer/Deputy Public Works Director City of Seal Beach 211 Eighth Street Seal Beach, California 90740 Subject: Proposal to Provide Construction Management and Inspection Services for the Lampson Well Treatment System Dear Ms. Cho: Butler Engineering, Inc. (Butler), a California C Corporation, is pleased to submit three (3) bound hard copies and one (1) electronic copy of our proposal in response to the RFP issued on May 7, 2025, and Addendum No. 1 issued on June 2, 2025. Butler holds a CA Class A General Engineering Contractor License #716863. If selected, we will secure a valid City of Seal Beach business license for the term of the agreement. For nearly 50 years, Butler has provided high-quality construction management and inspection services for municipalities and public agencies across Southern California for similar water production/treatment facility projects. We are providing CM and inspection services for the City of Manhattan Beach's Pacific Avenue and Voorhees Wastewater Pump Station Projects, designed by PACE Advanced Civil Engineering. Independent, Third -Party CM is Our Focus AkButler focuses solely on providing independent third -party construction management services. VConsequently, we do not have the potential conflicts inherent with a multi -discipline design firm. Our focus in water/wastewater infrastructure dates to the firm's origin in 1976. Our project managers (PE and CCM), field inspectors, field engineers, schedulers, and estimators have provided comprehensive construction management and field QA/QC services on a number of the largest water/wastewater treatment, storage, and conveyance projects in Southern California. Over Two Decades of OC Groundwater Basin Experience Butler brings 25 years of unmatched experience providing comprehensive CM&I services for similar projects throughout the Orange County Groundwater Basin. We have successfully partnered with Orange County Water District on numerous critical groundwater projects, including the following: Groundwater Replenishment System Final Expansion (OCWD and OC San District Partnership) OC Groundwater Storage Program -8 Municipal Water Production Wells • Mid -Basin Injection Wells Centennial Park -4 groundwater injection wells • lustin PFAS Ireatment System and Conveyance -4 offsite extraction wells • EW 1 Well Equipping, Rehabilitation, and Redevelopment Based in Tustin with key staff residing in Orange County, Butler provides responsive, hands- on support for regional projects. As part of the community, we're committed to protecting and enhancing local groundwater resources through efficient, high-quality project delivery. Vast Understanding of Public Sector Work 0 Since 1976, Butler has successfully partnered with 50 municipalities and public agencies across Southern California, consistently delivering construction management services with a focus on protecting the owner's best interests. In Orange County alone, our experience includes similar projects for the cities of Anaheim, Buena Park, Cypress, Fountain Valley, Garden Grove, Placentia, Santa Ana, Tustin, and Westminster, as well as leading agencies such as OCWD, OC San District, EOCWD, IRWD, Mesa Water District, SMWD, and SCWD. 6UT1 ER 1. EXECUTIVE SUMMARY COVER LETTER Proficiency with Regulatory Agencies' Rules and Regulations Butier has coordinated extensively with numerous regulatory agencies such as DDW, SCAQMD, RWQCB to ensure the highest standards of compliance throughout the construction process. We are ecommitted to proactive risk management and clear communication, ensuring timely approvals and seamless project delivery. Butier's long-standing relationships with these agencies demonstrate our reputation for regulatory excellence and successful project outcomes. Bid Phase Support & Collaborative Constructability Review With five decades of experience in Southern California, Butier provides valuable insight into the _ regional contractor landscape, helping the Owner refine bid packages and strategically time their " release. Our CM team coordinates pre-bid conferences, responds to bidder inquiries, reviews bids for ' completeness, and recommends the lowest responsive and responsible bidder. Additionally, we perform detailed constructability reviews to reduce risk, control costs, and `1 �• identify schedule -enhancing improvements. For example. during OCWD's $284M GWRS Final Expansion, Butier helped mitigate COVID-19 supply chain delays by recommending the use of shelf - stock and previously procured materials—resulting in substantial cost and schedule savings. .� Butier recommends using Procore for document controls. Our staff has successfully utilized the cloud -based system for nine (9) years to manage numerous projects for municipalities and public i `,rte agencies. The program enables team members to quickly access key project metrics and provides near real-time updates. Additionally, Butier employs drone technology to document preconstruction conditions and track project progress. Administrative Elements • Professional Services Agreement—Butier takes no exceptions to the City's sample Professional Services Agreement included in the RFP as Exhibit A, Financial Res onsibill p ty—Butier and our partner firms Ninyo &Moore and ON-SITE Technical r — Services have excellent financial management and accounting systems. • Conflict of Interest—Butier does not have any financial, business or other relationship with the City of Seal Beach (including City employees and City Council members) that may have an impact upon the outcome of the contract. • Litigation—Butier has not been involved with any litigation in connection with prior projects. We appreciate the opportunity to meet the City's project challenges, and we are confident we have assembled a team that will serve the best interests of all project participants. If you have any questions, please direct them to me for clarification at (714) 832-7222 or jrbutier@butier.com. Respectfully Yours, Delivering Community Sensitive, High -Profile Projects Butier effectively balances the interests of owners, jurisdictions, and stakeholders. On the City BUTIER *, Inc Corinne Butier of Tustin Public Works' Simon Ranch Reservoir Replacement Project, we supported public outreach Vice President efforts, successfully engaging residents and securing their support. We coordinated site access deliveries, and and minimized impacts to nearby residential operations. Clearly defined roles and jurisdictional limits were established to minimize short-term construction impacts to the City. Sophisticated Management Technology .� Butier recommends using Procore for document controls. Our staff has successfully utilized the cloud -based system for nine (9) years to manage numerous projects for municipalities and public i `,rte agencies. The program enables team members to quickly access key project metrics and provides near real-time updates. Additionally, Butier employs drone technology to document preconstruction conditions and track project progress. Administrative Elements • Professional Services Agreement—Butier takes no exceptions to the City's sample Professional Services Agreement included in the RFP as Exhibit A, Financial Res onsibill p ty—Butier and our partner firms Ninyo &Moore and ON-SITE Technical r — Services have excellent financial management and accounting systems. • Conflict of Interest—Butier does not have any financial, business or other relationship with the City of Seal Beach (including City employees and City Council members) that may have an impact upon the outcome of the contract. • Litigation—Butier has not been involved with any litigation in connection with prior projects. We appreciate the opportunity to meet the City's project challenges, and we are confident we have assembled a team that will serve the best interests of all project participants. If you have any questions, please direct them to me for clarification at (714) 832-7222 or jrbutier@butier.com. Respectfully Yours, Respectfully Yours, BLJTI Engineerin me ark M. Butler, Jr. BUTIER *, Inc Corinne Butier President/CFO Vice President BUT1ER 17822 E. 17th Street, Suite 404 1 Tustin, CA 92780 SECTION 2. Firm Oualificatinns & References 3 A c m 3 N off „. 3 A c m 3 N 0 ' SElJy i i i Areas of Expertise $ Representative Projects For nearly 50 years, Butler has delivered full-service construction management and inspection services for both design -bid - build and design -build projects involving advanced water treatment facilities (R0, MF, UV, GAC, IX), groundwater wells, pipelines, pump stations, reservoirs, and dams. Our project portfolio ranges from $1 million to $697 million and includes complex construction in congested areas, and mitigation of impacts to industrial, residential, and commercial properties. We also have extensive experience managing underground utility conflicts. Our CM team acts as an extension of our clients' staff, using proven coordination and control systems to meet cost, schedule, and quality goals. With 25 years of experience in the Orange County Groundwater Basin, our work includes OCWD's award-winning Groundwater Replenishment System Final Expansion. Advanced Water Treatment The Butier Team's expertise in ad- vanced water purification facili- ties dates back to the firms' origins. Representing over $2 billion in construction costs, our key personnel have performed engineering, constructability reviews, cost model and schedule reviews, construction manage- ment, inspection, commissioning, and startup services on a number of the largest water infrastructure projects In California. Projects have included the following components: • Groundwater Replenishment Systems (130 MGD) and Seawater Desalination Treatment (50 MGD) • Granular Activated Carbon (GAC) and Ion Exchange (IX) Treatment Systems • PFAS and VOC Treatment Systems • Reverse Osmosis, Microfiltration, and Ultra Violet Facilities • Tertiary Treatment Plants • Title 22 Upgrades ■ Expansion of Headworks and Secondary Treatment Facilities • Primary and Secondary Clarifiers • Pump Stations and Flow Basins • Water Quality Laboratories • Reservoirs and Dams ■ Chemical Storage Facilities • Dual Media Filters • Yard Piping and Telemetry Systems Groundwater Wells Our key personnel have performed constructability reviews, construc- tion management, field QA/QC, and value engineering services for numerous groundwater wells, wellhead treatment, and equip- ping projects including, but not limited to, the following: • Mid -Basin Injection Wells - Centennial Park; Santa Ana, CA (OCWD)-4 groundwater injection wells and 2 monitoring wells • Orange County Groundwater Storage Program (OCWD)-8 Municipal Water Production Wells • Well 32 Rehabilitation Improvements; Santa Ana, CA (City of Santa Ana) -Well rehab, new well building, discharge piping, and chemical storage facility Edinger Avenue Well Phase II Equipping; Tustin, CA (City of Tustin) • EW -1 Well Equipping, Rehabilitation, and Redevelopment; Fullerton, CA (OCW D) • Multiple Safe Drinking Wellhead Treatment Projects (Water Replenishment District of Southern California)—California American Water Company Arlington Well, Lynwood Well No. 11, and Huntington Park Well No. 15; Los Angeles, CA Pipelines S Conveyance Collectively, the Butier Team has managed pipeline projects totaling 6" over 1,000 miles of water and reclaimed water transmission pipeline, trunk sewer, and interceptor sewer line. This experience includes projects ranging from $2 million to $160 million in construction value and pipelines from 6" to 120" in every available material currently specified. Project technical challenges have includ- ed the following: ■ Coordination with multiple agencies and contractors to complete interconnection tie-ins • Microtunneling through high -tourist, downtown beachfront areas in Los Angeles and Orange counties • Construction within industrial, residential, and commercial areas of Los Angeles, Orange, Riverside, and San Diego counties • Deep Shoring Systems • Boring and Jacking Operations in biologically/culturally sensitive areas • Drill and blast tunnel construction under major interstates ■ Permit Coordination ■ Traffic Control BUTT ER Page 1 2. FIRM QUALIFICATIONS & REFERENCES City of Seal Beach Construction Management & Inspection Services for Lampsorn Well Treatment System 1 OCWD Groundwater Replenishment System Final Expansion Fountain Valley, California OWNER/ADDRESS PROJECT DESCRIPTION Orange County Water District Butler Engineering, Inc. provided comprehensive 18700 Ward Street construction management and inspection Fountain Valley, CA services for the GWRS Final Expansion CLIENT REFERENCE Project. The GWRS—the world's largest water purification system for indirect potable Michael Markus, Former GM reuse—provides an additional 31,000 AFY of Tel: (714) 349-1677 advanced treated wastewater (recycled water) michaelmarkus@gmail.com to the Orange County Groundwater Basin. PROGRAM VALUE/ The Project included expanding the existing COMPLETION 100 mgd Advanced Water Purification Facility Stephen White, Resident Eng. (AWPF) to 130 mgd. Additional components $284 million / 2023 included: PROJECT SIMILARITIES . AWPF and EQ Tanks: 6 Reverse Osmosis Units, 3 New Ultraviolet trains, filters, supply Orange County pumps, and expansion to the Microfiltration West Building. Two flow EQ tanks (6 MG) Groundwater Basin at OC Sanitation District's Plant No. 2 (P2). Water Production/ P2 Secondary Effluent Pump Station and Pipeline: Pumps 40 - 80 mgd of secondary Treatment Facility effluent to the GWRS. Three duty pumps and one 100 hp standby pump. Rehabilitation of 15,750 LF of pipeline between Plant No. 1 and P2 to bring secondary effluent to Contractor and the GWRS. Alignment consisted of 10 manholes, and access pits were required to Stakeholder Coordination effectively slipline the pipe with a 60 -inch fiberglass reinforced plastic pipe (FRP). PROPOSED KEY PERSONNEL INNOVATIVE APPROACHES Mark Butler, Project Director The project was built during the COVID-19 pandemic, when supply chain disruptions Stephen White, Resident Eng. impacted major public works projects. The team used an innovative approach, Casey Harris, Senior Scheduler substituting affected components with available shelf -stock items, including previously Bryan Wilson, Project Controls procured materials reimbursed by the Contractor—resulting in cost and schedule savings. An unforeseen unstable soil condition during the 96 -inch pipeline installation Joe Hawes, Field Inspector required partial removal and re -installation. Thanks to strong trust among the Owner, CM, Bruce Phillips, Electrical and Contractor, the rework proceeded on a T&M basis, with a negotiated change order later issued, impacting the schedule by 45 calendar days. BUT1 ER Page 2 2. FIRM QUALIFICATIONS & REFERENCES City of Seal Beach �.o��strucria� Nkw"Ioomfyo( & lii,pecbon Services for Lampsoo We/! l�'EHfI?ir,�n( Sy_su;n2 2 OCWD City of Tustin PFAS Treatment System and Influent Conveyance Tustin, California OWNER/ADDRESS Orange County Water District 18700 Ward Street Fountain Valley, CA CLIENT REFERENCE Fernando Almario, PE Project Manager Tel: (714) 721-6380 falmario@ocwd.com CONSTRUCTION VALUE/ COMPLETION $24 million / 2025 PROJECT DESCRIPTION Butier Engineering, Inc. provided construction management and inspection services. Portions of Tustin's groundwater supply have been impacted by per- and polyfluoroalkyl substances (PFAS) that are prevalent in the environment and commonly used in consumer, commercial, and industrial products. OCWD and the City of Tustin implemented a new treatment system at the existing Main Street Water Treatment Plant to eliminate these compounds and continue to ' provide safe and reliable drinking water supplies to the Tustin customers. The scope of work included the following: PROJECT SIMILARITIES Demolition and removal of an existing RO and ion exchange treatment plant • Construction of eight (8) ion exchange vessels Water Production/ Treatment Facility Connection and installation of 3 miles of influent pipeline from four (4) off-site extraction wells to the new treatment facility Multiple Extraction Wells Distribution piping from the Main Street Water Treatment Plant Multiple Stakeholder Installation of new ion exchange and nitrate treatment, sodium hypochlorite storage, Coordination and disinfection systems Community Outreach Removal and replacement of booster station pumps and pipes PROPOSED KEY PERSONNEL Above and below grade waterlines and sewer and storm drain improvements Mark Butier, Project Director New electrical service, MCCs, VFDs, ATS, and instrumentation and controls Joe Blum, Project Manager Upgrades to the City's SCADA system Bruce Phillips, Electrical • Asphalt removal and replacement, striping, and traffic control BUTLER Pare .? 2. FIRM QUALIFICATIONS & REFERENCES City of Seal Beach Construction Management & Inspection Services tot Lmn'?pson Well Freatment System 3 11213 - Trichloropropane Removal GAC Treatment Plant Chino Hills, California OWNER/ADDRESS City of Chino Hills 14000 City Center Drive Chinu Hills, CA 91109 CLIENT REFERENCE Fe Rama, PE, Senior Engineer Tel: (909) 364-2776 frama@chinohills.org CONSTRUCTION VALUE $15.5 million COMPLETION 2025 PROJECT SIMILARITIES 10 GAC Treatment Vessels Multiple Wells Testing, Startup & Commissioning Multiple Stakeholder Coordination PROPOSED KEY PERSONNEL Mark Butier, Project Director Casey Harris, Senior Scheduler Bryan Wilson, Project Controls PROJECT DESCRIPTION Butier Engineering, Inc. is providing construction management and special inspection services for the water treatment facility, which will enable the City of Chino Hills to reactivate six City -owned wells. The project will ensure compliance with the California State Water Resources Control Board's MCL for Trichloropropane (TCP), which was detected in the City's groundwater wells. The water treatment facility will use advanced water purification technology to produce Click Here to View Video 3 MGD of high-quality local drinking water. City wells will pump groundwater from the Chino Basin Aquifer to the TCP treatment plant, where it will be filtered through granular activated carbon (GAC) to remove 1,2,3 TCP. The treated water will be tested to ensure it meets all safety and quality standards before being distributed to customers. The scope of work included the following: • Construction of a centralized GAC treatment plant • Installation of 10 GAC treatment vessels, surge tank, connections to existing utility mainlines, testing, startup, and commissioning • Booster 9 Station improvements, including replacing pumps and motors, and upgrading electrical units and telemetry system • Installation of 6 -foot block wall, gates, fencing, landscaping, and irrigation • Site grading, earthwork, tree removal, piping, paving, and foundations PROJECT BENEFITS • Reduces dependence on costly imported water by over 75 percent. • Provides residents with an additional local source of high-quality drinking water that is clean, safe, drought -proof, and cost-effective. BUTT ER Page 4 2. FIRM QUALIFICATIONS & REFERENCES E.. City of Seal Beach - -- Construc[ion Management & Inspection Services ror — ' Lampson Well Treatrnent System 4 OCWD Mid -Basin Injection Wells and Pipeline Santa Ana, California OWNER/ADDRESS PROJECT DESCRIPTION Orange County Water District Butler provided constructability review, project coordination, construction management 18700 Ward Street anri field inenartinn cArvices for the MA -Basin Inintion Wells Project located within ithe v v'evloca- Fountain Valley, CA City of Santa Ana's 87 -acre Centennial Park. The wells are used to directly inject product CLIENT REFERENCE water from the District's Groundwater Replenishment System (GWRS) into the principal Ben Smith, PE groundwater aquifer in the central portion of the Orange County Groundwater Basin. The Protect Manager scope of work included the following: Tel: (714) 378-3211 Construction of four (4) groundwater injection wells in below grade vaults (1,200 bsmith@ocwd.com feet deep) and installation of submersible pumps CONSTRUCTION VALUE • Construction of two monitoring wells and all related appurtenances $29,500,000 • Construction of 5,700 linear feet of purified recycled water injection supply pipeline that connects to the District's existing GWRS pipeline and crosses the COMPLETION Santa Ana River via a bridge 2020 • Construction of 4,200 liner feet of backflush discharge pipeline that discharges to PROJECT SIMILARITIES the Greenville -Banning Channel and Centennial Park Lake Orange County Repaving of 9.6 acres of parking areas and roadways circling Centennial Park Groundwater Basin • Demolition of an existing City of Santa Ana restroom facility and construction of Groundwater Injection Wells new restrooms and changing rooms near the park's soccer fields • Construction of a new structure to replace existing restrooms and adding a park Hardscape and Landscape office near the skate park Roadway Improvements • Construction of a new sidewalk between the parking lot and soccer fields Multiple Stakeholder Replacement of fencing surrounding the skate park with 8 -foot fencing and Coordination installation of surveillance cameras Community Outreach • Site improvements to the Heritage Museum Assistance MULTIPLE CONTRACTOR 9 STAKEHOLDER COORDINATION PROPOSED KEY PERSONNEL The design and construction of this project required special consideration of Park impacts. Mark Butler, Project Director The project required close coordination with the City of Santa Ana, Santa Ana Unified School Casey Harris, Senior Scheduler District, Heritage Museum, and state and federal agencies. The Museum contains a historic Bryan Wilson, Project Controls plaza featuring several buildings from the 1890s, extensive flora gardens, citrus groves, agricultural demonstration garden area, and a restored wetland area. BUTT ER Page 5 2. FIRM QUALIFICATIONS & REFERENCES SECTION 3. Project Team Organization A. W 3 A. Professional Professional & Proven Team The value of Butier's construction management team to the City of Seal Beach will be in the collective experience and abilities of its members to do the following: • Provide independent, third -party CM and special inspection support services • Meet the City's cost and schedule objectives • Build strong relationships with stakeholders • Provide flexible staffing economies • Integrate the CM Team with the City's staff • Implement a proactive claims control process Adjaconl Piopony Ownors Local Businesses & Residents Utdiry Agencies Local, Stale & Federal Agencies N As demonstrated on the following pages, Butler's project management and inspection responsibilities are always handled by the project team member best experienced to provide the needed service. This formula is critical for the City's defense in the event of project claims. It is also a more lean and efficient use of contract administration budgets to match staff skills to project needs. Our CM team is vigilant during each phase of a project to meticulously document project activities to minimize Contractor claims. Butier team members have a high level of familiarity with this project type and will mitigate the City's exposure to frivolous claims. Using Butter's proposed Procore project management software, combined with our experience, we can streamline the review and approval processes. Project Team Organizational Chart Coney Harris Senior Scheduler /claims Joseph Blum Conslnuaabdity Review Bryan Wilson Document Control Specialise Kathryn Cho City Engweer/ Deputy Public works Director Mork M, butler Project Duxtnr fAlt. Responsible Represomauvel Stephen White. PE Project Manager IRosponsible Represonlatwcol —E r. + Oarrelh M. SON, PE, OE Principal m Charge Matthew Jacobs, ACI, ICC Sema Eield I'arhnlcian Engineering Division City Manager/Communicairons Community Development PACE Advanced Civil Engineering IEngineei of Reconji General Contractor (TBD) PO .r Robert Burford, CWI Lead Inspector Joseph Hawes, CCM, CWI, NACE Alternate Inspector Bruce Phillips I Electrical Inspector SURTUP AND COMMISSIONING Kent Kreeger Mechanical/staUup Juvenclo Figueroa Startup Support H 41 HUTIER Page 6 3. PROJECT TEAM ORGANIZATION B. Multidisciplinary Construction Management Team City of Seal Beach Crmstruction Management & Inspection Services fot Lampson Well >reafmant System Butier has assembled a multidisciplinary team of professional construction management and inspection personnel whose qualifications and experience mirror the expertise required to accomplish the scope of work for the Lampson Well Treatment System Project. Biographical sketches and responsibilities for our lead personnel and company overviews for our subconsulting team members are provided on the following pages. Detailed resumes for all personnel identified on the organizational chart are provided in the Appendix. All proposed Butier personnel are residents of the Orange County area and report to our office located at 17822 E. 17th Street, Suite 404; Tustin, California 92780. Education STEPHEN WHITE, PE Project Manager (Responsible Representative) As Project Manager, Stephen will serve as the CRy's primary point of contact throughout all phases of the Lampson Well Treatment System Project He will work closely with Butler's Lead Field Inspector and maintain on-going interaction with the City, Contractor, Designer, and other project stakeholders. He will be responsible for constructability review, bid support, public outreach assistance, contract administration, change order and claims management, and preparation of communications manuals and progress reports. M.S., Civil Engineering, California State University Long Beach, 2011 B.S., Civil Engineering, California State University Long Beach, 1997 B.A., Physics, University of California, Berkeley, 1986 Licenses/Certifications Registered Professional Engineer (Civil), State of California No. 61828, Expiration: 6/30/2027 Professional Summary Mr. White brings 28 years of experience in the construction industry, including 26 years with Butier Engineering, with a focus on water treatment facilities, wells, reservoirs, and pump stations. As a seasoned resident engineer, he has specialized in water infrastructure projects, specially located within the Orange County Groundwater Basin. Stephen offers strong project management and technical expertise, particularly in contract administration, including change orders, pay requests, subcontracts, and records management. His capabilities also include field supervision, design review, project scheduling, and client interface. Relevant Project Experience • Orange County Groundwater Storage Program (OCWD)CM and inspection services for 8 municipal water production wells located throughout the OC groundwater basin. Coordinated with seven municipalities and their associated Public Works Departments. • Groundwater Replenishment System Final Expansion (OCWD)— Increased treatment capacity from 100 MGD to 130 MGD, making it the world's largest advanced water purification system of its kind. Expanded the existing MF, R0, and UV treatment processes; constructed a new pump station and two large prestressed concrete storage tanks; and rehabilitated an existing pipeline between OC San's Plant No.1 and Plant No. 2. • Sativa Well 5 Treatment (WRD)— Installation and construction of a wellhead treatment facility to remove manganese from the water pumped from the existing well. • Water Wells 3A and 5 (City of Huntington Beach)—Construction of new groundwater pumping facilities for two water wells, including structural buildings, piping/mechanical, and electrical improvements. • Orange County Burris Basin Pump Station (OCWD)—Constructability review and construction management services for the construction of a new 10,000 SF storm water pump station to capture and pump stormwater flows from the Santa Ana River to recharge Orange County's groundwater aquifer. • Torrance Groundwater Desalter Expansion (Water Replenishment District of Southern California)— Comprehensive program that focuses on the remediation of the local groundwater aquifer by removing trapped seawater, thereby increasing the aquifer's storage capacity. The project supports WRD's mission to manage, protect, and preserve the region's groundwater resources. • JMMCRWRP Recycling Plant Phase II Expansion (WBMWD)—Installation of new custom -engineered microfiltration system. • 8 MG Peck Reservoir, Pump Station, and Pipeline Replacement (City of Manhattan Beach)— Construction of a partially -buried cast -in-place concrete reservoir, operations building and water quality laboratory, pump station, and electrical control building. Performed CM&I and extensive community outreach. BUTT ER Page 7 3. PROJECT TEAM ORGANIZATION MARK M. BUTIER, JR. Project Director/ Alternate Project Manager (Responsible Representative) Availability: As -Needed JOE BLUM Constructabillty Review Availability: As -Needed ROBERT BURFORD, CWI Lead Field Inspector Availability: Full Time City of Seal Beach Construction Managernent & inspection Services fnr Larnpson Well Treatment System Mark's expertise includes 38 years of project management, client relations, contract management, staff resource management, claims mitigation, and public outreach for multi- million -dollar municipal, public agency, and special district capital improvement projects. As Butter's Project Director, Mark is authorized to negotiate contracts on behalf of Butler Engineering. He will meet with City staff at key project milestones, as appropriate. He will provide as -needed contract and staff resource management support services and work closely with the Project Manager and Lead Field Inspector. Mark has worked In this capacity for the following water well and OC Groundwater Basin projects: • OCWD Groundwater Replenishment System Final Expansion ($284M) • OCWD Tustin PFAS Treatment System and Influent Conveyance (4 extraction wells) • OCWD Mid -Basin Injection Well—Centennial Park (4 injection and 2 monitoring wells) • OCWD Orange County Groundwater Storage Program (8 municipal water wells) Joe Blum brings over 40 years of experience managing and estimating the construction and reconstruction of heavy civil engineering projects. Projects include treatment facilities, wells, reservoirs, pump stations, recharge basins, wetlands, pipelines, earth moving, mass grnAi g (” 25 million .-.J. of s ill et....t. ..t. .1. ..� ...� A .blit Qu lll� 1- 1111lllull yaluJ Vl OVIIJ, VViII.I GLU JLIIIL.LU l e.D7, ulalnage, w6l C1 IU U I Y ULI I I lies, flood control facilities, blasting, and screening. If needed, He will be responsible for providing constructability review services for the 90% design submittal. Joe has comprehensive experience in all aspects of due diligence analysis, management of design engineering, project development, and execution, and has provided extensive community outreach assistance for projects throughout Orange County, Los Angeles, Riverside, and San Bernardino. Joe has managed the following projects located within the OC Groundwater Basin: • OCWD Tustin PFAS Treatment System and Influent Conveyance (4 extraction wells) • OCWD Kraemer Recharge Basin Pipeline • OCWD Miller Recharge Basin Pipeline • OCWD Construction of Fletcher Basin • OCWD Prado Wetlands Restoration Robert Burford has 38 years of experience managing the scheduling and daily field operations for various public infrastructure projects. He has performed inspections of varying degrees for mechanical, electrical, plumbing, post -tension, reinforced concrete, structural steel bolting and welding, structural masonry, soils and engineered fill operations, and fuel systems. As a Lead Inspector for Butier, Robert focuses on water capital improvement projects. His strong field presence and technical knowledge make him a reliable liaison between project stakeholders and a key asset on complex construction projects. He will be responsible for preparing dally inspection reports; reporting non-conformance issues; performing technical inspections of materials and workmanship; managing utility and agency coordination; reviewing submittals, RFIs, and field memos; assisting in as -built drawing preparation; and communicating with owners, engineers, and contractors. Robert's recent experience includes West Basin Municipal Water District's Juanita Millender-McDonald Carson Regional Water Recycling Plant Phase II Expansion and MWD's Second Lower Feeder PCCP Rehabilitation Reach 3A and 3B. B UT I ER Page 8 3. PROJECT TEAM ORGANIZATION JOE HAWES, CCM, CWI, NACE Alternate Inspector Availability: As -Needed CASEY HARRIS Senior Scheduler Availability: 10% City of Seal Beach Coi�s(rucliun Manageineoi & Inspection Services for Larnpsorn Well Treatment S stem As a Senior Quality Control Inspector and Field Construction Manager, Mr. Hawes has managed the scheduling and daily field operations for various public works, residential, and commercial projects, including water treatment facilities, wells, reservoirs, pump stations, pipelines, and airports. He has performed varying degrees of inspections for fuel systems, electrical, plumbing, post -tension, reinforced concrete, welding, structural masonry, soils/engineered fill operations, mechanical, industrial coatings, and cathodic protection systems. Joe recently performed field QA/QC services for the following OC Groundwater Basin and well projects: • OCWD Groundwater Replenishment System Final Expansion ($284M) • City of Santa Ana Well 32 Rehabilitation Improvements • Mesa Water District Wells 12 and 14, South Croddy Way and West Chandler Ave. Casey is an expert CPM scheduler and has 45 years of diverse expertise in construction project management. Throughout a distinguished career, Casey has provided comprehensive schedule review services and led the successful delivery of multi-million dollar capital improvement projects for municipalities, public agencies, and special districts. Casey will evaluate and monitor the Contractors' baseline schedules, look -ahead schedules, monthly schedule updates, TIAs, and schedule revisions. He will update the project schedules to reflect actual progress and changes. Casey has provided schedule review services for numerous similar projects including, but not limited to, the following: OCWD Groundwater Replenishment System Final Expansion ($284M); OCWD Mid -Basin Injection Wells—Centennial Park, Water Replenishment District Torrance Groundwater Desalter Expansion, Carlsbad 50 MGD Seawater RO Desalination Treatment Plant and Pipeline ($697M), City of Chino Hills 1,2,3 -TCP Removal Treatment Plant, Water Replenishment District Sativa Well 5 Treatment, and CDA Well 1-11 Booster Pump Station. Bryan has 25 years of field engineering, estimating, cost review, and inspection experience. He is responsible for the flow and storage of project documentation between the project team and key stakeholders. Bryan will provide the processes, procedures, and training to assist the project team with organizing and managing documentation, ensure that document control requirements are met, and produce logs, transmittals, and other reports as required. BRYAN WILSON Bryan's recent similar experience located within the Orange County Groundwater Basin includes. OCWD Groundwater Replenishment System Final Expansion ($284M), OCWD Document Controls Specialist Mid -Basin Injection Well—Centennial Park, and OCWD Tustin PFAS Water Treatment Plant. Availability: 10% Bruce is an experienced Electrical Inspector and SCADA Integration Specialist. He has over 30 years of experience providing these services for various public and private sector projects. He coordinates integration work activities between the Contractor and operations .. staff and programming and testing activities. He will provide electrical inspection services as -needed to verify compliance with the design intent and contract documents. `J Bruce's recent project experience includes the following: OCWD Groundwater JS Replenishment System Final Expansion ($284M), OCWD Tustin PFAS Water Treatment BRUCE PHILLIPS System and Influent Conveyance Project, Poseidon Resources Standalone Intake Electrical Inspector Modifications ($182M); and WBMWD Juanita Mille ride r -McDonald Carson Regional Water Availability: As -Needed Recycling Plant Phase II Expansion ($22M). BUT1 ER Page 9 3. PROJECT TEAM ORGANIZATION Ninyo & Moore (SMBE/DBE/VSBE) Materials Testing and Special Inspection 475 Goddard, Suite 200 1 Irvine, CA Contact: Alfredo "Tino" Rodriguez, Principal Tel: 949-795-9393 CA DIR #1000004481 Established in 1986, Ninyo & Moore is a ` multidisciplinary California corporation ,'.J + `• \ �� specializing in geotechnical engineering, engineering geology, environmental consulting, materials testing, and ' inspection services. Over the past 39 years, the firm has grown to a team of more than 600 experienced professionals, including licensed geotechnical, civil, and environmental engineers; engineering geologists; hydrogeologists; environmental scientists; certified technicians; field inspectors; and hazardous waste compliance specialists. Ninyo & Moore has successfully supported hundreds of public infrastructure projects across California and the western United States, including water and wastewater treatment plants, pump stations, pipelines, reservoirs, wells, storm drains, and sewer systems. The firm has extensive experience working with major public agencies such as the Orange County Water District, Metropolitan Water District, LADWP, Irvine Ranch Water District, and many others, and is well -versed in their regulations, standards, and procedures. The firm operates five certified geotechnical laboratories in California, all supervised by registered engineers and accredited by AASHTO, Caltrans, the Division of the State Architect, the City of Los Angeles, and the City of San Diego. With a proven track record and multidisciplinary expertise, Ninyo & Moore is a trusted partner for complex infrastructure projects requiring technical precision and regulatory compliance. Ninyo & Moore has provided geotechnical, materials testing, and specialty inspection services as part of Butler's team on numerous projects, including: • OCWD GWRS Final Expansion and Conveyance Pipeline • OCWD Tustin PFAS Treatment System and Influent Conveyance • OCWD Mid -Basin Injection Wells -Centennial Park • Water Replenishment District Sativa Well 5 Treatment • Chino Basin Desalter Authority Chino I Desalter VOC Treatment Facilities City of Seal Beach Construction Managerneut & Inspection Services for Lampson Well Treatment System ON-SITE Technical Services, Inc. Startup, Testing, and Permitting 12842 Valley View St., #108 1 Garden Grove, CA Contact: Kent Kreeger, Principal Tel: 714.903.3990 CA DIR #1000022221 ON-SITE Technical Services, Inc., led by _ Principal Kent Kreeger, has provided 30 years of QA inspection support for similar ;�- projects throughout the U.S. and overseas. Their personnel's qualifications range "o - from ICC and ACI Certifications, NACE Certified Coating Inspectors, AWS certified inspectors, and mechanical engineers. Their highly trained professionals are experienced in startup and commissioning support, fabrication inspection of large rliamPtar nine anri PnoinPPrPri PniiinmPnt rnnQkriirtinn inspection, forensic analysis, failure analysis, root cause analysis, and electrical inspection. ON-SITE's team of rotating equipment engineers provide technical support during engineering, procurement, factory testing, installation, startup and commissioning. Mr. Kreeger will serve as the CM Team's Senior Startup Engineer and will be responsible for the tasks outlined in the RFP. Kent will manage and coordinate the startup and commissioning of the facility in accordance with the Contract Documents, overseeing the Contractor's development and execution of startup and commissioning plans. He will work closely with the Project Team to integrate efforts across all parties involved, ensuring proper execution of all related activities. Kent will also provide inspection and technical expertise to confirm compliance with the Contract Documents, manufacturer recommendations, and industry best practices. For over 20 years, Butler and ON-SITE have collaborated on major capital improvement projects including, but not limited to, the following: • OCWD GWRS Final Expansion and Conveyance Pipeline • OCWD Orange County Burris Basin Pump Station Phase 2 • OCWD Orange County Santiago Basin Floating Pump Station • Water Replenishment District Sativa Well 5 Treatment • City of Chino Hills 1,2,3 -TCP Removal Treatment Plant BUT [ ER Page 10 3. PROJECT TEAM ORGANIZATION cz uj 0 Z o a m E E t; CL U U Ix E Cpy6 V E lu o ZO ru z 'EL LLI i(;Di cz uj SECTION 4. Project Understanding/Approach A 7lip A 1. Project Understanding & Approach The Butler Team has been tracking the progress of the Lampson Well Treatment System Project and is excited about the opportunity to partner with the City of Seal Beach. We understand that the treatment system is crucial for restoring the Lampson Well to its full operational capacity. We attended the pre-bid meeting, spoke with City project management staff, and reviewed the project documentation to gain a clear understanding of the main goals, objectives, and challenges. The City of Seal Beach operates four groundwater wells, including the Lampson Well located at 4307 Lampson Avenue, which was constructed around 2011. The well is equipped with a 500 -horsepower pump capable of delivering up to 3,500 gpm at 440 feet of head. However, due to elevated hydrogen sulfide (H2S)levels in the groundwater—which cause odor and water quality concerns—the well has been operating at a reduced rate of approximately 700-800 gpm. The City engaged Pacific Advanced Civil Engineering, Inc. (PACE) to design a treatment system using four granular activated carbon (GAC) vessels to address elevated H 2 levels in the groundwater at the Lampson Well. The system is specifically designed to mitigate unpleasant odors caused by H2S without compromising water safety, ensuring residents are not adversely affected. Configured in a lead -lag arrangement, the GAC vessels will maximize H2S removal efficiency and are adaptable for treating future contaminants if necessary. Project Objectives/ Benefits • Reduce hydrogen sulfide concentrations to enhance water quality. • Restore the Lampson Well's production capacity to its intended 3,500 gpm. • Support increased operational efficiency and a return to higher flow rates. • Provide long-term flexibility to address future water treatment needs. • Ensure ongoing compliance with all applicable regulatory standards. Construction Start: August 2025 Estimated Duration: 9 Months Estimated Construction Cost: $3 million (RFP) B' TIER 4. UNDERSTANDING/APPROACH rN.. FA ....... City of Seal Beach s { Construction Management & hupection Services for ! r Larnpson Well Treatment System ' • 4[ rF qn�p � Key Challenges / Team Strategies After reviewing the RFP and additional project information, we have identified the issues we believe are key to meeting the City's project objectives. The following table identifies the potential issues, strategies for resolution, and results for construction management, constructability and stakeholder coordination/interface. OBJECTIVESCHALLENGES / Stakeholder Utilize top tier document control package for 24/7 team access. Butier's IT infrastructure Coordination provides a facilitated, secure document filing system for detailed project progress and streamlines communications and accountability. The platform is customized to provide O efficient integration of the project team and transparency/security to City staff. 0 Permit and regulatory compliance will drive the baseline schedule. Preliminary meetings will be held with each entity to ensure all compliance activities are identified in the proposed baseline schedule. • A matrix of compliance items will be developed to eliminate potential conflicts_ • Key personnel understand City processes, timelines, etc. • City Communications staff will be involved in weekly construction meetings and be Public Relations / advised on all construction activity with potential community impact. Community Outreach Field construction personnel will be fluent with the project specific communications plan and protocol. The Butier Team will provide construction updates/alerts to the City's PM staff and Communications Manager. Key personnel will assist in the resolution of construction -related concerns from affected businesses, residents, and/or the general public. • The Butier Team will participate in meetings with public boards and community associations dealing with the impact of construction activity on the local community. Coordination with City Building Department . Integrate City Inspection staff into the field CM team progress meetings. • Ensure timely coordination of required building code inspections. Ensure coordination of "Sign Offs" with GCs and specialty sub -contractors. • Include code inspections activities into approved baseline schedule. Site Access _ Provide robust and detailed sequencing and traffic control plan. • Coordinate access into work area. BUT EFS Page 13 4. UNDERSTANDING/APPROACH "4e or 2. APPROACH TO PROJECT CONTROL rWfV kill+b PROJECT CONTROL Butler will use a project control system consisting of the following elements that will provide QA/QC procedures and guidelines in the successful execution of the Project. Our team's ability to manage relationships with members of the project team will also be essential to minimize conflicts and keeping the same goals In mind. I Cnct S Schedule Contre change management and pricing: force account tracking and eatimating QA/QC Central Respond to Rrls; field docummXaWn of site materials: daily progress reports; review M bulli drawings; and permits iL regulatory agency requirements e Butier utilizes Oracle Primavera P6 to provide resource -loaded schedules, which are the basis for evaluating performance and identifying if potential problems will occur. The Contractor will be required to submit a detailed resource -loaded schedule for acceptance by the City. The Contractor is then required to provide timely, detailed status information as the work progresses. The Butier Team will project future performance through trend analysis and evaluate the Contractor's performance by comparing actual qualities completed versus planned. The primary resource loading for these evaluations includes cost (dollars); workforce hours (by craft); quantity of work (CY, LF, etc.); and equipment listing. While the CM Team's ability to meet schedule milestones is important for meeting the overall goals of a project, their ability to monitor and manage each Contractor's performance is critical to minimizing problems during construction, Accurate two-week look ahead schedules are a key component to keeping focus on critical activities. Butier's Project Manager will conduct weekly meetings to discuss look -ahead schedules, projecting critical milestones and items needing resolution. Recovery plans are required whenever a Contractor falls significantly behind schedule. These plans should address mitigation efforts such as additional crews, additional shifts, or developing work -around schedules that move the delayed activity off the critical path so that its completion will not affect critical milestones. The importance of schedule management and "staying ahead of the Contractor" is critical for managing an inexperienced Contractor or managing a Contractor that is prone to City of Seal Beach Construction P./1an�i gement & h spection Services for Lampson Well Treatment Systeu Schedule Control Schedule Review; variances addressed at progress meetings; and variance identification / analysis initiates recovery r CM Manual CM organization; roles and responsibilitlex reporting relationships communication requirements: and construction management procedures r submitting claims, in order to minimize costs to the City. The Butler Team evaluates each variance, its cause and possible corrective actions, and requires the Contractor to provide an action plan to correct unsatisfactory variances. If a satisfactory resolution is not achieved, the Butier Team must take action. The QA/QC Plan will reflect a set of objectives defined by City staff and assigned construction management and inspection personnel. The Plan will provide City staff with a format for measuring policy objectives. Quality Assurance—Procedures or actions to be confirmed include the following: CM Plan; specific QA/QC requirements; submittal process plan; document control and file management plan; identification of City approvals at milestones and control of field data; control of testing to determine validity and accuracy of data collected in the field; calibration and testing of equipment; identification of the need for corrective action; and auditing to verify compliance. Quality Control—Activities to be verified for the work include review by the quality control team; identification and compliance with applicable codes, ordinances, permits, environmental requirements, etc.; review input data and check calculations; review drawings, specifications, technical reports, memos, and meeting minutes; perform constructability, operability, maintainability, and usability reviews; and review design for compliance with safety standards. BUTIER Page 14 4. UNDERSTANDING/APPROACH i I �41'C4[ IrOR71i4�r The PM will prepare an abbreviated CM Communications Manual to be approved by the City. The manual will include project correspondence in accordance with the City's document formatting standards. It will integrate the interdependent roles of the City, Construction Manager, Engineer, and Contractor through all phases of the work. The Manual will include, at a minimum, the following items: • Project Organization: assignments, responsibilities, lines of communication, and methods for interfacing with team members • Meeting and Notice Procedures: Schedules, notices, agendas, reporting procedures, documentation requirements, and timely acceptance processes • Contract Administration: Description of control systems and procedures utilizing Procore for performing and documenting submittal reviews, RFIs, change orders, claims, and closeout activities 3. SCOPE OF WORK For the construction phase of the Project, Butier has assembled an outstanding CM Team to partner with the City and other project stakeholders. Our preconstruction phase approach has been developed to provide strong support to the City including constructability reviews, bid phase services, scheduling and estimating, construction strategies, with supplemental services including assistance with public relations and community outreach programs. Our proactive approach will begin with the pre-bid/bid stage, where we will work closely with the City to ensure that the CM process has a good jump start. Key efforts will include a constructability review and bid review assistance. 1. Constructability Review A constructability review will be performed to ensure complete and quality plans, evaluate all elements of the project, and simulate preparation of the bid. For example, we will look at the staging requirements and mobilization, layout and control surveys to assure that adequate information is available to start the project. Key delivery dates for equipment will be checked to determine if the schedule is realistic and the constraints of equipment deliveries are planned. Coordination among the disciplines and plans and specifications can be problem areas, where issues are discovered during the constructability review. We will also identify potential cost savings measures in the constructability review workshop. City of Seal Beach Construction Management & inspection .Services for Lampson Well Treatment System The CM team will implement a checklist for a thorough constructability review through final design completion of the project plans, technical specifications, and estimates provided by the Designer. The CM Team will prepare a report for review, comment, and approval by the City prior to submitting comments to the Designer. The constructability review will include, but not be limited to, the following: technical elements of the design; completeness and compatibility of the plans and technical specifications; compatibility of the design packages; and feasibility of the construction staging/phasing. 2. Review of Contract Documents The CM team will perform a thorough review of the contract documents, project plans, technical specifications, and permitting documents to determine if ambiguities, errors, omissions, or conflicts exist. The review will include, but not be limited to, the appropriateness of the number of working days allowed, the appropriateness of the amount of liquidated damages and timely coordination with other agencies. 3. Evaluation of Contractors' Bids The CM Team will review all bids submitted, prepare a bid summary sheet of all bids, conduct a reference check on the apparent low bidder, and provide a recommendation to the City for bid award. The PM will assist the City with any bid protests and contract negotiations. 4. Preconstruction Conference The PM will schedule, notify appropriate parties, and conduct initial preconstruction meeting with the Contractor. The PM will prepare and distribute preconstruction minutes to attendees and other parties. The preconstruction meetings shall cover, at a minimum, the overall project objectives, responsibilities of key personnel and agencies, schedules, schedule of values (bid breakdown), communication protocol, procedures for handling submittals, correspondence, utility relocations, local agency permit requirements, requests for clarification, progress payments, change orders, liquidated damages, inspection requirements, safety issues, emergency response requirements, as -built drawing protocol, and other pertinent topics. The PM will collect the required submittal items from the Contractor at the preconstruction meeting. 1. Correspondence and Reports a. Document Standards The PM will prepare project correspondence and other forms of communication in accordance with industry standard document control and management procedures. b. Document Tracking/Control 131JTIEH Page 15 4. UNDERSTANDING/APPROACH Butier recommends using Procore — a web -based document control system—for project administration. Our personnel use the cloud -based system to store, review, track, and manage all project documents from construction drawings, specifications, and submittals to progress photos, payment applications, and daily reports. Procore provides unlimited users and storage, 24/7 visibility into project status, and a centralized, comprehensive web -based platform to manage vital project data. All parties have access to the system via a web browser on their computer or mobile device using secure log -in information. Additionally, our CM team can configure Procore to display the latest Primavera P6 construction project schedule and weather information, both current and forecast. Automated emails are generated by the program to remind personnel of required documentation reviews and other project related tasks that need attention. Project documentation is continuously updated and available to all involved personnel, with prior revisions stored for reference. At the conclusion of the project, documentation is converted to PDF format and distributed to the appropriate parties. c. Records The PM will maintain records of inspection reports with photos, weekly reports, labor compliance, schedule of values, as -built plans, test results, and various documents received from the Contractor, Designer, manufacturers, and others. The PM will also verify that all Trade personnel listed in the daily log are also listed in the certified payroll and will conduct weekly employee interviews, one for each trade, and submit verification with the monthly progress payment. City of Seal Beach Construction Management & Inspection Services for' Lan!pson Well Treatment System damage identified within the limits of work, in adjacent areas, and along access and haul roads. The field inspectors and other Butler tearn members will document any damage incurred to public and private property during the construction phase and will notify the owners and the City immediately following the discovery to resolve repair requirements. Progress and Other Photos The Butier team will provide and log construction digital photographs on a regular basis. A digital photographic library of significant construction activities will be maintained. The photographs will be date-stamped and will include the location, orientation, and narrative information. Additional digital photographs will be taken to document differing site conditions, change order and claim items, and any special or unique conditions as thev arise. A& The PM will schedule and conduct construction progress meetings with the City, Contractor, Designer, pemitting agencies, and any regulatory/governing body and provide meeting agendas. Topics discussed at the meetings will include the project schedule; near- term activities; clarifications and problems which need resolution; status of change orders, submittals, and RFIs; safety issues; and other key topics. The PM will identify action items and assign responsibility for the action and date action is to be completed; prepare minutes of the meetings and include identified action items; review the meeting minutes with the Contractor and obtain the Contractor's concurrence with the content; and distribute the minutes to the attendees within five calendar days of the meeting. The Butier team will attend other construction -related meetings as requested by the City. 3. Weekly Progress Meetings 2. Site Condition Documentation a. Preconstruction The Butier Team will review the site conditions before construction operation begins. The existing conditions will be confirmed within the limit of work, in adjacent areas, and along access and haul roads. Particular attention will be given to the Old Ranch Country Club, which is adjacent to the project site. In addition, the Butier Team will compare the Contractor's preconstruction site surveys to the site surveys performed under this scope of work and will note any discrepancies and resolve issues. The PM will describe in memorandum, submitted prior to the beginning of any construction operation, pre-existing 4. Shop Drawing and Submittal Reviews Submittal Reviews The PM will review submittals received from the Contractor for conformance with requirements of the drawings and specifications; check each submittal against the Contractor's schedule for potential impacts; coordinate required reviews of submittals with the Designer and the City; and distribute submittals to appropriate reviewers with dated transmittal letters. BUT1 ER Page 16 4. UNDERSTANDING/APPROACH b. Submittal Log and Status Submittal tracking will be introduced into the document control system and status of submittals will be known at all times. The PM with coordinate this system with the Contractor per contract document requirements. The shop drawings submittal and review will be logged for date of submittal, review response, and status. The PM will prepare a list of shop drawings that will be required of the Contractor, and in conjunction with the Contractor attempt to review the submittals consistent with the critical path requirements for approval, fabrication, and procurement. Weekly exception reports identifying critical shop drawings either not submitted in a timely fashion or not obtaining acceptance or approval will be identified and problem submittals discussed for necessary action to accelerate approval process for non -conforming submittals. Upon review, the Contractor will be advised of reasons for rejection of any shop drawings or submittals that may require re -submittal. Multiple submittals and re -submittals that induce project delays will not be considered an excusable delay for the C.nntraptnr undar the farm, of tha rnntrart, S. Plan & Specification Interpretation & Control a. Request for Information (RFI) The PM will coordinate the RFI log and will document the submittal and disposition of all the Contractor's Requests for Information. All RFls will be in writing. All responses will be monitored with suspense action dates and follow- up procedures implemented to ensure timely action by all parties to project issues including input from City staff. The PM will review answers and prepare a formal response to the Contractor within 5 calendar days of receipt of response, or as needed to meet schedule requirements. The PM will ensure that changes are recorded in the specifications and plans. b. Requests for Changes In Design Should the Contractor deem the RFI response has created a change in scope and a change order is requested, the PM will GENERAL CONTRACTOR .� ReSubmits for view/Approval City of Seal Beach Construction Management & Inspecrtion Services for Larnpsoii IlVull Treatment System obtain written approval from the City and/or Designer prior to issuing a change order authorization. No change orders can be issued by the PM without prior approval. The PM will supply the City with written recommendations of the Request for Change, cost and schedule impact, and/or justification for denial or recommendation to execute a change. The final authority of any Request for Change rests with the City. C. Field Orders The PM will initiate and review field orders when a change in the work is needed to maintain the design intent; issue the field order to the Contractor and monitor the work for compliance; track the issued field orders in a log; record the changes in the record specifications and plans; and, if required, follow-up with a change order within 14 calendar days of mutual agreement with the Contractor on pricing and conditions. d. Substitution Requests The PM will coordinate the evaluation of "or -equal" or product substitution requests with the Designer, the City, vendors, manufacturers, and others. Prepare evaluation and recommendation for "or -equal" or product substitution request. e. Record Drawings and Specifications The PM will continually update the plans and specifications as the work progresses; incorporate modifications and changes from all sources, such as submittals, RFIs, VE, field orders, extra work, and contract change orders; and compare the record drawings and specifications with the Contractor's record drawings and specifications monthly. 6. Construction Management Administration & Staffing a. Management The PM will oversee, perform, and coordinate construction management services as required by the progress of the work; prepare reports, letters, and memoranda; conduct meetings; monitor and track the expiration of insurance requirements and obtain updated certificates from the Contractor; coordinate sub -consultants, testing, and specialty services; review daily THE GOAL: STREAMLINE COMMUNICATION III\ CONSTRUCTION PP MANAGER CLogs/Tracks (Procore) Provides Comments & i h / CONSTRUCTION MANAGER Processes Responses to General Contractor Ak GENERAL CONTRACTOR Distributes to Subcontractors to repare Work, -- J RUTIER Page 17 4. UNDERSTANDING/APPROACH inspection notes and identify and resolve nonconforming items; notify the City of significant problems and discrepancies requiring corrective actions; interpret drawings, specifications, and reference standards; review and analyze the Contractor's monthly construction schedule for accuracy of work completed, reasonableness of forecast completion, and compliance with contract duration; resolve constructability problems; coordinate connections and operations; prepare contract change orders; review and notify the Contractor of test results; investigate claims; perform inspections; review the Contractor's project record drawings periodically; review Contractor's progress payments and verify measured quantities; prepare project punch list; and all other duties related to construction management as requested by the City. b. Resolution of Day -To -Day Issues The PM will oversee resolution of day-to-day construction issues raised by the Contractor; coordinate with the City, Designer, and Contractor on technical issues and concerns, as well as interpretation of the design documents; and interface with the Designer for resolution of technical issues, processing of change order requests or design changes to reflect actual conditions encountered in the field. 7. Construction Inspection Services The Lead Inspector will review and familiarize himself with the contract documents, plans, specifications, scope of work, project site, etc. He will attend all meetings as required, including final design meetings, project kick-off meeting, preconstruction meeting, and progress meetings. He will verify BMPs and ensure construction and materials comply with contract standards and specifications, state laws, local ordinances, and NPDES requirements and proper construction practices; require, monitor and document compliance with all contract specifications, including compliance with OSHA and all applicable permitting requirements; be present on a daily basis at the construction site while construction activity is in progress. In the event of an illness or vacation, Joseph Hawes, CCM, CWI, NACE will be Butler's Alternate Inspector to perform the work. The Lead Inspector will schedule required materials testing, sampling and provide assistance and direction as needed to technicians performing materials testing, He will verify work is performed in a safe manner by the Contractor and subcontractors and report any concerns or instances of non- compliance immediately to the City or issue stop notice for work if the situation is critical. He will record amounts of materials that are received or used during construction; measure the work completed in-place and verify quantities with the Contractor prior to submission of a payment application; and ensure proper documentation of any change order and/or daily extra reports. The Lead Inspector will prepare daily inspection reports City of Seal Beach Construction Management & inspection Services lo!' Lampsoo Well Tieatment Svstem that include at a minimum: the type of personnel on site (subcontractor, contractor, etc.); name, number and classification of employees for each firm; time peduds for various activities; the type of work being performed; SWPPP / BMP compliance; equipment on hand; weather; provide weekly status reports on issues/risks factors, schedule slippages, cost overruns as it relates to construction projects; develop punch list for the City of items that require corrective action; address and resolve complaints as they arise. Report all unresolved issues and potential claims to the PM and City's Project Manager in writing on a daily basis; and coordinate activities and schedules with other entities involved in the construction project. 8. Progress Payments a. Monthly Review The PM will review project -related invoices and progress payments on a monthly basis and submit to the City with recommendation stating the proper amount for payment in accordance with the schedule listed within the contract documents. The PM will use the Schedule of Values and actual quantities as a basis to prepare payment requests. The pay request format will be established by the project team to expedite checking, processing, and subsequent updating of project budgets and cost projections and forwarded to the City for approval and payment to the Contractor. b. Monthly Construction Progress Reports The PM will prepare a monthly report for the City regarding project status, highlighting significant milestones and issues, including cost status, lessons learned, and project progress for compilation into a program level report. The report will include reconciliation of contract time, work progress, and labor usage. It will also provide current issues and colored still photographs of significant project features. 9. Contract Change Order Management a. Identify and Track Changes The PM will identify and track potential changes to the work and will utilize Procore to prepare, log, and monitor Contractor or City -initiated changes for added costs or credits. b. Requests for Cost Proposals When necessary, the PM will issue Requests for Proposals describing the proposed change or addition to the scope of work in detail. The PM will prepare an independent cost estimate for review by City staff prior to any negotiations with the Contractor or issuing a Change Order. C. Justification of Extra Work or Change The City or the Contractor may initiate a change, or request for changes or modifications may arise due to differing site conditions, The PM will track, document, and negotiate all BUTTER Page 18 4. UNDERSTANDING/APPROACH changes for added costs or credits with the Contractor and evaluate all schedule impacts of changes in addition to advising the City of equitable cost and time adjustments for proposed or authorized changes including credits, if any, that are due. At the City's direction, the PM will prepare and issue to the Contractor appropriate change order documents. The PM will provide to the Designer copies of all approved changed orders. d. Prepare Contract Change Orders The PM will prepare draft formal Change Orders and forward them to the City for formal authorization. The PM will work with the Contractor to establish labor, equipment rates, and applicable mark-ups that will be used in future negotiation of change orders. 10. Claims Management a. Identify and Track Claims The PM will minimize the potential impact of claims through prompt and equitable resolution with minimal dignrptinn to the on.gnina construction effort, The primary means of claims management is die prompt processing of change orders. Change orders must be fairly reviewed against the contracl documents for validity. When deemed valid, reasonable and equitable adjustments in time and money are to be provided. If the City and the Contractor disagree over the contractual merit of a change order, a claim may arise. If this occurs, the PM will coordinate claims with the City's Project Manager, Risk Manager, and City Attorney's Office. City of Seal Beach Construction Manakemcot n hispeclion Services for Lampson Well Treatment System the claim would be denied and the dispute acknowledged. The PM and Claims Reviewer will assist and support the City in resolving claims and disputes, including written responses to the Contractor and private parties, giving depositions, assisting with dispute resolution, arbitration and litigation, serving as an expert witness, investigating claims for damages by private sources, design services for replacement of damaged work, and services made necessary by Contractor default. d. Private Party Claims The PM will investigate claims for damages for private parties and respond in writing two calendar days of receipt of the claim. The PM will coordinate the written response with the City's Project Manager and Risk Manager. 11. quality Assurance a. Inspection of the Work Butier provides comprehensive field inspection services by qualified inspectors as necessary to ensure that materials and workmanship comply OUR ,MAIN Focus I CLAIMS AVOIDANCE S with the contract documents; coordinate delivery, for defects or missing parts, and oversee recording the receipt and storage of equipment; and inspect construction activities, which are identified In the contract documents to be performed at night, weekends. and/or holidays. Our proactive approach to CM is the best defense to minim€ze the risk For change orders and claims. This starts with pre -construction risk analysis and continues through project closeout. Our controls systems are structured to provide the owner with a comprehensive claims defense position. Documentation Is fundamental to extinguishing spurious claims. b. Resolution Alternative After receipt of a written claim, the PM will prepare a written acknowledgment of receipt of the claim. This correspondence clarifies the status of the request for all parties to minimize misunderstandings about the issues at depth. To supplement the technical and contractual evaluation of the claim, the PM will work closely with the City's staff to assess the risk of exposure and to determine an appropriate response to the claim. C. Negotiate and Resolve Claims The evaluation results and recommendations will be forwarded to the City's Project Manager. The recommendation may suggest a negotiated settlement (in which case a settlement strategy would need to be established) or may confirm the original results of the change order evaluation, in which case The required inspection disciplines provide daily and weekly inspection reports of material installations and deficiencies noted by qualified inspection personnel with follow-up procedures recommended for ensuring that corrections are made for non- conforming work necessary to comply with contract document requirements. The reports are linked to both still and video graphic logs to highlight critical construction activity. In addition, the Inspectors are responsible for the following: • Participating in weekly construction meetings. • Reviewing the Contractor's two week "look ahead" schedules and coordinating inspection staffing needs with the PM. • Reviewing the Contractor's payment requests with the PM for accuracy. • Reviewing the Contractor's record drawings prior to monthly progress payment. Preparing written response giving general indication of missing items to be completed by the Contractor. • Discussing responses to RFIs with the PM as required and coordinate the replies to the Contractor, BUTLER Page 19 4. UNDERSTANDING/APPROACH 1 i 1`•�,t�Fowd`.�.. • Assisting the PM in the review of the submittals. • Providing documentation of construction activities, duration of activities, manpower and equipment. b. Materials and Compaction Butier has selected Ninyo & Moore to provide observation and testing services during site grading, utility trench backfill, subgrade preparation, and aggregate base placement and concrete and grout sampling and testing. Their services will include field density testing, laboratory analysis, and verification of compliance with project plans, specifications, and applicable codes. Ninyo & Moore's scope of services will include the following: • Attendance at pre -construction meetings and coordination meetings, as requested. Project coordination, management, and technical support including scheduling of field and laboratory work and review of available background information. FIELD QA/QC City of Seal Beach Construction Management & hispection Services for Lampson Well Treatment System tests. • Preparation of daily field reports and test result summaries to document observations, testing, and compliance with project requirements. • Preparation of a final summary report for proper documentation and project close-out. c. Start-up & Commissioning & Training Butier has selected ONSITE Technical Services to perform start-up & commissioning and operator training services as outlined in the RFP. ON-SITE routinely provides technical support including start-up support and engineering submittal review to resolve difficult fabrication and construction related issues. Their team of engineers and specialists assist in the resolution of start-up of mechanical equipment and field trouble IS VITAL T4 shooting. ENSURING COMPLIANCE The intent of field Inspection Is to follow established QA/QC guidelines to minimize rework, enforce requirements, and safeguard the beat interests of the City. This all leads to Field Technician services minimizing delays and added expenses. Our presence will for observation and help minlmize daily inspection and observation costs. testing during subgrade Start-up meetings need to take preparation, utility trench place well in advance to ensure backfill, and aggregate base placement. Field density tests the Contractor's start-up team will be performed to evaluate the Contractor's compaction and the CM (including the City) are working together and all efforts. concerns are addressed. Additional items include the following: The Contractor is responsible for providing a detailed start- up plan that needs to be fully vetted by the PM and the City. The plan should include testing plans and procedures and how the tests will be documented. • Field Technician services for sampling and testing during concrete placement, including field tests for slump, temperature, air content (if applicable), and casting of concrete cylinders. • Pick-up and transport of concrete cylinders and other material samples for testing in their laboratory. • Laboratory testing services including proctor density testing, gradation analysis, sand equivalent, and concrete, masonry unit, mortar and grout compressive strength • Purchase specified equipment conforming to contract documents. • The selected equipment needs to be fully tested during the factory acceptance tests. • Flow model tests need to be completed during the design phase prior to the start of construction. • The equipment needs to be properly installed at the site with the support of the engineers, manufacturer's reps and the contractor's commissioning team. HUTH ER Page 20 4. UNDERSTANDING/APPROACH • The equipment needs to be "dry functional tested "to the maximum extent possible, this includes the instrumentation, PLC controls, VFDs, and motors. • All parties need to be fully satisfied that the station is ready to be put in service prior to opening the valves. C. Public Relations/Community Outreach The CM Team will assist the City in support of any specific activities identified in the City's community outreach program where information needs to be provided to residents, businesses, and others impacted by the project. Activities include coordinating construction notifications; construction alerts to the City and project management staff; and resolution of construction -related concerns from affected businesses, residents, and/or the general public. Butler's project leadership team has successfully managed comprehensive community outreach efforts from the entitlement phase through post -construction across projects located in Orange, Los Angeles, San Diego, San Bernardino, anci itiversicie counties. Their responsibilities have Included coordinating with community leaders, organizing neighborhood meetings to gather and relay public concerns to project owners for potential implementation, and developing and distributing public notices. Additionally, the team has regularly presented to public boards and community associations to address and mitigate the impacts of construction activities on local communities. 12. Closeout and Acceptance a. Operating Test Plan The Butier Team will develop an operation testing plan in consultation with the City, Designer, Contractor, and all appropriate vendors and will coordinate the testing of the equipment and facilities with the City and assist the Contractor's personnel as required during the startup phase b. Punch List The PM will determine when the Project and the Contractor's work is substantially completed, as defined in the City's contract documents and construction procedures. In consultation with the City, the Butier Team will prepare a detailed project punch list that includes a list of incomplete work or work that does not conform to the requirements of the contract documents. The punch list will be attached to the Certificate of Substantial Completion. c. Final Walk Through Upon correction of deficiencies by the Contractor, the PM will schedule, coordinate, and conduct a final walk-through and City of Seal Beach Construction Minaeernent & Inspection Services fol Lanipson Well TreatmentSystein PUBLIC OUTREACH BUILDING COMMUNITY AWARENESS & ENGAGEMENT Butier supported Santa Margarita Water District's public outreach efforts for the Trampas Canyon Dam and Reservoir project. Our Construction Management team led informative public tours during the Water Awareness Festival, highlighting the importance Wf Orai 13. Post Construction a. Operation & Maintenance Manuals The Butler Team will deliver the 0&M Manuals and any spare parts and equipment upon acceptance of the project by the City. The 0&M Manuals shall include, but not be limited to, all piping and electrical conduit runs, including wiring diagrams sufficient for facilitating the troubleshooting process; technical data concerning mechanical, electrical, and control equipment installed by the Contractor; manufacturer's recommendations concerning equipment maintenance protocols; and data and maintenance instructions regarding special engineering, or other unique features provided or used in the project construction. The manuals will be submitted to the City for review and approval prior to operating any new equipment and accepting the construction contract work. b. Record Drawings Certification The PM will review and certify that the Contractor's project record drawings are complete and accurate and will provide the drawings to the Designer. City of Seal Beach Consouction Management & Inspection Services for Larnpson Well Treatment System C. Final Payment The PM will recommend final payment in the form of release of retention to the Contractor in accordance with contract requirements; verify that the Contractor has made all payments to the subcontractors and vendors and that any stop notices or liens have been released; and obtain a Conditional Waiver of Lien from the Contractor prior to recommending final payment. FINAL STEPS: A CLEAR PATH TO PROJECT CLOSE-OUT run%.n L131 & FINAL WALK FINAL PAYMENT Resolve Bki Items, CO Work, and ' Punch List Rams Prior to Flnal Payment to Contractors , 4 4 CLOSE-OUT REPORT Prepare Report, Including 'e'y Issues, Lessons -Learned, CO & Schedule Summaries, and As•Bullt Schedule . A PROJECT FILES V mish Protect Documents and inalRpotstocity's PIVI ismvlde FlecVonic PDF and% Present File Structure %A BUT1 ER Page 22 4. UNDERSTANDING/ APPROACH Section 5. Appendix - Resumes k r r -- �. r ■'K i '� RI a 3 CL x BUTN ER EDUCATION Master of Dispute Resolution, University of Southern California, Gould School of Law, 2025 MBA, Finance, University of California, Irvine, Graduate School of Management, 1998 Graduate Studies, Civil Engineering, California State University at Long Beach B.A., Economics, University of Southern California, 1987 B.A., Social Sciences, University of Southern California, 1987 LICENSES / CERTIFICATIONS General Engineering Contractor, State of California, Class A 716863 Registered Construction Inspector, ACIA: Division I Engineering 5572 HOME OFFICE 17822 E. 17th Street Suite 404 Tustin, CA 92780 Mark M. Butler, Jr. Project Director/Alternate Project Manager Professional Summary Mr. Butler serves as President and CFO of Butler Engineering. He is the second -generation executive of the company, succeeding his father, who founded the firm in 1976. His primary duties include serving as the primary point of contact between Butler and its clients, managing contracts, overseeing sub -consultant contracts, maintaining Butler's project information system, developing the firm's field procedural manuals, and managing staff resources. Mark works closely with the field construction management staff to ensure all contract scope requirements are being fully implemented. He also serves as the firm's liaison between the field construction management staff and the client, as well as the project's public outreach effort, when necessary. He has been responsible for generating, distributing, and presenting to numerous public boards and community associations dealing with the impact of construction activity on the local community. Project Experience Project Director, Groundwater Replenishment System Final Expansion and Plant 2 Conveyance Facilities Project; Fountain Valley, CA; Orange County Water District (Completion: 2023; Program Cost: $284M�–The GWRSFE is a water supply project designed to provide an additional 31,000 AFY of advanced treated wastewater (recycled water) to the groundwater basin in north and central Orange County. The GWRSFE scope of work included upgrading the existing 100 MGD Advanced Water Purification Facility (AWPF) by adding 30 MGD of additional capacity; constructing Plant No. 2 Secondary Effluent Conveyance Facilities; and rehabilitating an existing pipeline between Plant No. 2 and Plant No. 1 to bring secondary effluent to the GWRS. Project Director, City of Tustin PFAS Treatment System and Influent Conveyance, Orange County Water District, Tustin, California (Completion: 2025; Value: $24M)— The project included the construction of conveyance pipelines to transport water extracted from four extraction wells to a new PFAS water treatment facility. The treatment facility consists of eight ion exchange (IX) vessels to treat the water produced from the extraction wells. Additional project components included the construction of a new section of distribution piping from the Main Street Water Treatment Plant, upgraded booster pumps to handle the additional flows, and replacement of the existing nitrate treatment system. Project Director, 1,2,3-Trichloropropane Removal GAC Treatment Plant, City of Chino Hills; Chino Hills, CA (Completion: 2025; Value: $15.5M�–Butier is providing professional construction management support and special inspection services for the 1,2,3 -TCP Removal GAC Treatment Plant Project. The project is required for the City of Chino Hills to comply with the State Water Resources Control Board Division of Drinking Water mandate of an MCL of 0.005 micrograms per liter of 1,2,3 -TCP, which was identified in the City's groundwater wells supply. The scope of work includes the following: construction of a centralized granulated activated carbon (GAC) treatment plant, installation of ten (10) GAC treatment vessels, electrical and control systems, modifications of pumps, motors and electrical components in the Booster 9 Station, perimeter wall, gates, fencing, landscaping, irrigation and site grading, piping, paving and foundations. Project Director, Chino 1 Desalter VOC Treatment Facilities; Ontario, CA; (Completion: 2023; Value: $12M)–Butier provided construction management and inspection services. The project supports the County of San Bernardino's effort to mitigate groundwater contamination consisting of VOCs from the Chino Airport Plume. The County's project involves the construction of 10 new groundwater extraction wells and on-site and/or off-site treatment and two new treatment facilities at the Chino I Desalter to remove VOCs from seven CDA wells and the new County wells, respectively. The two systems will have a combined capacity of 3,550 gpm. New treatment at the Chino I Desalter includes construction of two new GAC Systems; cartridge and bag filtration systems; sulfuric acid storage and feed systems; Mark M. Butler, Jr. Project Director/Alternate Project Manager piping systems and tie-ins; demolition of various structures and site improvements; storage building; electrical and instrumentation and controls; off-site pipeline to convey raw water from the County's wells for treatment at the Chino I Desafter; and system performance testing and startup activities. Project Director, Mid -Basin Injection Wells and Pipeline: Centennial Park Project; Santa Ana, CA; Orange County Water District (Completion: 2020; Value: $29.5M)—The Mid -Basin Injection project consisted of the construction of the following: four groundwater injection wells in below grade vaults; two (2) monitoring wells; a purified recycled water injection supply pipeline approximately 5,700 feet long that connects to the District's existing Groundwater Replenishment System (GWRS) pipeline and crosses the Santa Ana River; a backflush discharge pipeline approximately 4,200 feet long that discharges to the Greenville -Banning Channel and Centennial Park Lake; installation of submersible pumps within the four injection wells; replacement of approximately 9.6 acres of paving within the Park; demolishing an existing City of Santa Ana restroom facility; and constructing two new buildings with shared City and District uses. Project Manager, Orange County Groundwater Storage Program; Orange County, CA; Orange County Water Dlstrlct ($9.6M)—Butier provided construction management and inspection services for eight (8) municipal water production wells located throughout the Orange County Groundwater Basin in the cities of Anaheim, Buena Park, Garden Grove, Santa Ana, Cypress, Westminster, and Placentia. The scope of work included the following: installation of a deep well turbine pump and motors, electrical and instrumentation work, disinfection facilities, discharge piping and valving, and off-site piping and valving; construction of concrete block buildings and site work; and startup, testing, and training. Stephen coordinated closely with seven water agency municipalities and their associated City Building and Public Works Departments. Project Director, Sativa Well No. 5 Treatment; Los Angeles, CA; Water Replenishment District of Southern California (Completion: 2024; Value: $3.4M)—Butier is providing construction management and inspection services for the installation and construction of a wellhead treatment facility. The purpose of the project is the removal of manganese pumped from water from the existing Sativa Well No. S. The scope of work includes, but is not limited to, the following: manganese filter system; filter backwash system with tank and pumps; chemical feed system; project water storage tank and booster pumps; piping valves, and appurtenances; the construction, start-up and testing of the system and associated site civil and electrical power improvements. Project Director, Torrance Groundwater Desalter Expansion, Torrance, CA; Water Replenishment Dlstrlct (Value: $200M)—Butier is providing construction management and inspection services. The scope includes the following elements; up to 8 extraction wells, raw water and well blow off pipelines, Brewer Well Pipeline and Automatic Backwashing Strainer Improvements Project, treatment plant expansion at the Torrance Desalter, product water pipeline connection to the City of Torrance and California Water Services, and brine pipelines from the treatment plant to the LACSD A.K. Warren Water Resource Facility. Project Director, Orange County Burris Basin Pump Station Project—Phases 1 & 2; Anahelm, CA; Orange County Water District (Value: $24M)—Butier provided constructability review (Phase 1) and construction management services (Phase II) for the project. Phase I involved constructing a 45 -foot -tall earthen cofferdam by relocating 130,000 cubic yards of soil to surround the pump station site, allowing OCWD to continue capturing 400 acre-feet of stormwater daily from the Santa Ana River to recharge the Orange County groundwater aquifer. Phase II involved constructing a 10,000 -square - foot stormwater pump station with four vertical turbine pumps in a circular wet well, complete with new mechanical, HVAC, electrical, instrumentation, and control systems, as well as an intake pipe connecting the pumps to the river intake. BUTIER EDUCATION M.S., Civil Engineering California State University Long Beach, 2011 B.S., Civil Engineering, California State University at Long Beach, 1997 B.A., Physics, University of California, Berkeley, 1986 LICENSE/CERTIFICATION Registered Professional Engineer (Civil), State of California No. 61828, Earned: 3/15/2001 Expires: 06/30/2027 Building General Contractor, Murray White Construction, No. 610678 (1991-2001) HOME OFFICE 17822 E. 171h Street Suite 404 Tustin, CA 92780 Stephen White, R.E. Project Manager Professional Summary Stephen White has 28 years of experience in the construction industry, with a strong focus on water and wastewater treatment facilities (R0, MF, and UV), groundwater replenishment systems, wells, reservoirs, and desalination plants. For the past 26 years, he has been an integral part of Butier, specializing in water treatment projects. Stephen excels in project management, constructability reviews, value engineering, and contract administration. As a member of design review committees, he provides detailed constructability assessments that reduce risk, improve efficiency, and identify cost-saving design enhancements. His approach includes thorough evaluations of existing and proposed facilities, along with collaborative discussions with the Owner and design team to propose value-added modifications that positively impact project cost and schedule. As a Project Manager, Stephen is responsible for the following: managing the construction field office and supervising all CM personnel; leading all aspects of contract administration; conducting preconstruction and weekly construction meetings; responding to contractor correspondence, RFls, and submittals; reviewing CPM schedules and shop drawings; preparing and reviewing cost estimates and negotiating change orders and claims; recommending monthly progress payments; preparing progress reports and maintaining a daily project diary; reviewing and approving materials, equipment, and testing procedures; coordinating with operations personnel, PM staff, and stakeholders; and project startup, acceptance, and close-out. Project Experience Resident Engineer, Groundwater Replenishment System Final Expansion (GWRSFE); Fountain Valley, CA; Orange County Water District ($284M) -Butier provided comprehensive construction management services for the final expansion of the Groundwater Replenishment System (GWRS), the world's largest advanced water purification system of its kind. Butier's scope included pre-bid constructability and cost/schedule reviews, project management, resident engineering, QA/QC field inspection, field engineering, and document control. The GWRSFE project increased treatment capacity from 100 to 130 million gallons per day (MGD), delivering an additional 30 MGD of advanced purified water to the Orange County groundwater basin. This critical infrastructure project expanded the existing MF, R0, and UV treatment processes. Major components included the installation of new pumps, chemical storage tanks, chemical dosing systems, blowers, decarbonators, and electrical systems. The project also involved significant conveyance infrastructure improvements at OC San's Plant No. 2. Work included the construction of a new pump station building, two large prestressed concrete storage tanks, associated piping and valves, weir boxes, and sluice gates. Additionally, an existing pipeline between Plant No. 2 and Plant No. 1 was rehabilitated to convey secondary effluent to the GWRS facility. Project Manager, Orange County Groundwater Storage Program; Orange County, CA; Orange County Water District ($9.6M)—Butier provided construction management and inspection services for eight (8) municipal water production wells located throughout the Orange County Groundwater Basin in the cities of Anaheim, Buena Park, Garden Grove, Santa Ana, Cypress, Westminster, and Placentia. The scope of work included the following: installation of deep well turbine pump and motors, electrical and instrumentation work, disinfection facilities, discharge piping and valving, and off-site piping and valving; construction of concrete block buildings and sitework; and startup, testing, and training. Stephen coordinated closely with seven water agency municipalities and their associated City Building and Public Works Departments. BUTTER Stephen White, P.E. Project Manager Resident Engineer, Sativa Well 5 Treatment; Los Angeles, CA; Water Replenishment District of Southern California (Completion: 2025; Construction Value: $4.2M)—Butier provided construction management and inspection services for the Installation and construction of a wellhead treatment facility. The scope of work included the following: manganese filter system; filter backwash system with tank and pumps; chemical feed system; project water storage tank and booster pumps; piping valves, and appurtenances; the construction, start-up and testing of the system and associated site civil and electrical power improvements. Field Inspector, Construction of New Groundwater Pumping Facilities for Water Wells 3A and 5; Huntington Beach, CA; City of Huntington Beach ($5M)—Butier provided construction management and field inspection services for the construction of two groundwater pumping facilities, including structural buildings, piping/mechanical, and electrical improvements. The project included the demolition and reconstruction of Water Well 5 and new groundwater pumping facilities for Water Wells 5 and 3A. Responsibilities included oversight of daily construction activities, document controls and tracking, site inspection, interfacing with the client, attending project meetings, tracking submittals, correspondence, RFIs, and change orders, and preparing pay requests. Resident Engineer, Orange County Burris Basin Pump Station Project—Phases 1 & 2; AnahP1rn, CA' nranPP Cnunty Water nistrir--t (S9,dMl—Rntiar nrnviri Psi rnnctrurtnhility review (Phase 1) and construction management services (Phase II). Phase I involved building a 45 -foot -tall earthen cofferdam to encircle the new pump station site by moving 130,000 cubic yards of dirt over 3 months. This cofferdam enabled the construction of the pump station with minimal disruption to the aquatic habitat, allowed nesting birds to use the bird island, and enabled OCWD to continue to capture and pump 400 acre-feet of stormwater flows daily from the Santa Ana River to recharge Orange County's groundwater aquifer. Phase II involved building a 10,000 SF stormwater pump station featuring four vertical turbine pumps in a circular wet well. It includes new mechanical, HVAC, electrical, instrumentation, and control systems, along with an intake pipe on the slope of the embankment, connecting the new pumps to the intake invert. Resident Engineer, Torrance Groundwater Desalter Expansion, Torrance, CA; Water Replenishment District ($200M) —Butier is providing construction management and inspection services. The scope includes the following elements; up to 8 extraction wells, raw water and well blow off pipelines, Brewer Well Pipeline and Automatic Backwashing Strainer Improvements Project, treatment plant expansion at the Torrance Desalter, product water pipeline connection to the City of Torrance and California Water Services, and brine pipelines from the treatment plant to the LACSD A.K. Warren Water Resource Facility. Resident Engineer, Juanita Millender-McDonald Carson Regional Water Recycling Plant Phase II Expansion Project; Carson, CA; West Basin Municipal Water District ($22 million)—Stephen provided supplemental resident engineering services for the expansion project, which included the installation of a new 5.88 MGD custom -engineered microfiltration (CEMF) system. Resident Engineer, 8 MG Peck Reservoir, Pump Station, and Pipeline Replacement Project; Manhattan Beach, CA; City of Manhattan Beach ($33 million)—Butier provided construction management, inspection, public relations, environmental impact monitoring, and soils/materials testing services. The scope of work included construction of the following: 8 MG partially -buried cast -in-place concrete reservoir; operations building and water quality laboratory; pump station and electrical control building; water treatment facilities, including two (2) horizontal Filtration tanks, a protected chlorine and ammonia chemical storage building, and a glass -fused bolted steel vertical backwash tank; ancillary facilities; and replacement of raw water transmission pipeline. BUTI ER CERTIFICATIONS American Welding Society Certified Welding Inspector (CWI), No. 12040221 Exp. 4/1/2027 American Concrete Institute Field Testing Technician Grade 1, No. 1033277 Exp. 03/2029 International Code Council Certification No. 5234382, Exp. 1/5/28 ■ Master of Special Inspection • Structural Welding ■ Structural Steel and Bolting • Reinforced Concrete • Structural Masonry ■ Pre -stressed Concrete • Spray Applied Fire Proofing • CA Commercial Building Inspector • CA Commercial Electrical Inspector ■ CA Commercial Mechanical Inspector ■ CA Commercial Plumbing Inspector HOME OFFICE 17822 E. 1711, Street Suite 404 Tustin, CA 92780 Robert Burford Lead Field Inspector Professional Summary Mr. Burford has over 38 years of experience managing the scheduling and daily field operations for various public infrastructure projects, including water treatment, storage, and conveyance facilities. He has performed inspections of varying degrees for fuel systems, mechanical, electrical, plumbing, post -tension, reinforced concrete, structural steel bolting and welding, structural masonry, and soils and engineered fill operations. Robert has been a Senior Inspector since 2007. His knowledge of building code interpretation and enforcement facilitates the execution of inspection duties typically assigned, including utility and agency coordination, preparation of daily reports, overseeing specialty subcontractors, reviewing and responding to Requests for Information (RFIs) and field memo responses, interpreting drawings, and general correspondence with design engineers. Project Experience Lead Inspector, Juanita Millender-McDonald Carson Regional Water Recycling Plant Phase II Expansion Project; Carson, CA; West Basin Municipal Water District ($22M)— Butier provided construction management services for the expansion, which included the installation of a new 5.88 MGD custom -engineered microfiltration (CEMF) system. This system increases water supply capacity and improves system operability and reliability at the five -acre plant. Additional scope of work included; tie-in to the existing on-site potable water line for backup supplies to the three main storage tanks with air -gap fittings, installation of a 60OkW standby generator to provide the ability to continue pumping product water to the refinery during a power outage, installation of a carbon dioxide storage and dosing system that feeds into the existing Biofor unit, associated civil, structural, mechanical, plumbing, electrical, controls, system integration, and instrumentation upgrades, and system performance testing and start-up activities. Lead Field Inspector, Second Lower Feeder PCCP Rehabilitation Reach 3B, Palo Verdes, CA; Metropolitan Water District ($68.811Y!1~Butier provided construction management and inspection services for the rehabilitation of approximately 19,000 linear feet of PCCP, including excavating access portals and removing portions of existing PCCP and installing steel liner pipe. The project also included expanding and welding the steel liner pipe, grouting the annular space, cement mortar lining, modifying pipeline appurtenant structures, rehabilitating three existing isolation valve structures, rehabilitating two service connections, installing and removing Palos Verdes Reservoir temporary bypass lines, disinfecting pipeline, controlling traffic, abating hazardous materials, and other appurtenant work as needed. Lead Field Inspector, Second Lower Feeder PCCP Rehabilitation Reach 3A, Rolling Hills, CA; Metropolitan Water District ($IAM)—Mr. Burford performed as Butier's Lead Inspector for the rehabilitation of approximately 6,500 linear feet of PCCP, including excavating access portals and removing existing PCCP for pipeline access and transporting and installing steel liner pipe. The project also included installing bulkhead and gooseneck piping, disinfecting the pipeline, restoring the site, controlling traffic, abating hazardous materials, and other appurtenant work. Lead Inspector, Carlsbad Desalination Plant, Standalone Intake Modifications; Carlsbad, CA; Poseidon Resources ($U211Y!)—Butier provided construction management and inspection services for the final phase of intake -discharge modifications for the Claude "Bud" Lewis Carlsbad Desalination Plant. The scope of work for this final phase of the project included; a new dual -flow screen system and ancillary systems supported on a new concrete access bridge including piles, pile bents, and access ramps; dual -flow spray wash system which includes pumps, piping, and nozzles; screen debris removal/ management system; floating debris boom system; large organism exclusion system; and new electrical building to house motor controls. BUTTER EDUCATION A.S., Construction Management, Fullerton College, 2020 LICENSES/ CERTIFICATIONS Construction Management Association of America Certified Construction Manager (CCM), No. 25038, Exp. 12/03/27 American Welding Society Certified Welding Inspector (CWI), No. 14081051, Exp. 08/2026 American Concrete Institute Field Testing Technician Grade 1, Exp. 08/4/2028 Post Tension Institute, Field Technician Grade 1 International Code Council — Member ID 5223769 (Expires 06/18/2027) • Reinforced Concrete Special Inspector #49 • Prestressed Concrete Special Inspector #92 • Structural Masonry Special Inspector #84 • Soils Special Inspector #EC • Spray Applied Fireproofing Special Inspector #86 • Structural Steel and Bolting Special Inspector #S1 • Structural Welding Special Inspector #S2 • Master of Special Inspection #MI NACE International Institute — No. 661532 • NACE CP Level 1 Cathodic Protection Tester, 62100 Exp. 09/30/27 • NACE Coating Inspector, 55399 Levels 1 and 2, Exp. 04/30/27 NICET Construction Materials Testing — No. 134578 (Expire 07/2027) • Concrete -Level II • Asphalt -Level III • Soils -Level III FACE Company F -Meter certification for flatness and levelness testing in accordance with ASTM E1155-98 Joseph Hawes, CCM, CW1, NAGE Alternate Inspector Professional Summary As a Senior Quality Control Inspector and Field Construction Manager, Mr. Hawes has managed the scheduling and daily field operations for various public works, residential, and commercial projects, including pipelines, water treatment facilities, and airports. He has performed varying degrees of inspections for fuel systems, electrical, plumbing, post tension, reinforced concrete, welding, structural masonry, soils/engineered fill operations, mechanical, industrial coatings, and cathodic protection systems. In addition, Mr. Hawes has over 25 years of experience performing soils and materials inspection. He is versed in numerous soils, asphalt, concrete and coatings testing procedures in accordance with AASHTO, ACI, ASTM, ICC, IBC, CBC, UBC, NACE, and SSPC standards. He has performed laboratory testing of test specimens and maintained laboratory storage facilities. Mr. Hawes has also developed and implemented internal ICC training programs and is a certified trainer for CMAA. Project Experience Field Inspector, Groundwater Replenishment System Final Expansion Project; Fountain Valley, CA; Orange County Water District (Completion: 2023; Program Value: $284M )— The GWRSFE is a water supply project designed to provide an additional 31,000 AFY of adlianced treated wastewater (recycled `Nater) to the groundwater basil: In north and central Orange County. The GWRSFE scope of work included upgrading the existing 100 MGD Advanced Water Purification Facility (AWPF) by adding 30 MGD of additional capacity; constructing Plant No. 2 Secondary Effluent Conveyance Facilities; and rehabilitating an existing pipeline between Plant No. 2 and Plant No. 1 to bring secondary effluent to the GWRS. Field Inspector, Well 32 Rehabilitation Improvements; Santa Ana, CA; City of Santa Ana, Public Works Agency (Completion: 6/2025; Construction Cost: $13M�—The major well rehabilitation project will include the following: construction of a new above ground well building, new well equipment, and improvements to the basketball/tennis courts at Morrison Park; new chemical building to house the sodium hypochlorite generation equipment and a new restroom facility at John Garthe Reservoir; and 3,700 LF of 12 -inch well discharge piping (with parallel fiber optic facilities) to take the well water from the Park to the Reservoir to be blended with low nitrate groundwater. Field Inspector, Mesa Water District Wells No.12 and 14, South Croddy Way and West Chandler Avenue; Santa Ana, CA; (Completion: 2024; Value: $18.5M)—Butier provided constructability review, project coordination, resident engineering and construction inspection services for the drilling and construction of two 3000 to 4000 GMP municipal water supply wells that will produce groundwater from selected water - bearing zones using the reverse -circulation rotary drilling technique. Both wells were constructed in compliance with local codes and regulations and in accordance with the California Water Code, and American Water Works Association (AWWA) Standard for Water Wells (AWWA A100-15). Field Construction Manager, Reservoir Management System Upgrades; Santa Margarita, California; Santa Margarita Water District (Completion: 2025; Value: $2.SM)—Butier is providing inspection and as -needed construction management services, including project documentation for the Reservoir Management System Upgrades at 20 reservoirs within the Santa Margarita Water District service area. The scope of work includes the installation of new mixer hatches, vent replacements and upgrades, tank access safety systems, and associated coating work. These upgrades will facilitate the use of mobile reservoir management systems. Joseph Hawes, CCM, CW1, NAGE Alternate Inspector Field Construction Manager, Las Flores Zone D Reclaimed Water Pump Station; Santa Margarita, California; Santa Margarita Water District (Completion: Late 2024; Value: $2.6M)—Butier provided inspection and as -needed construction management services, including project documentation for the Las Flores Zone D Reclaimed Water Pump Station project. The scope of this project included the repurposing of an existing out -of - service structure into a pump station to provide recycled water from the Zone D recycled water pipeline completed in early 2024. A new electrical building and penthouse were constructed above grade, and the pumps and steel CMCL piping were installed in the existing subterranean structure. Field Construction Manager, Las Flores Zone D Reclaimed Water Pipeline; Santa Margarita, California; Santa Margarita Water District (Completion: February 2024; Value: $4.4M)--Butier provided inspection and as -needed construction management services, including project documentation for the Las Flores Zone D Reclaimed Water Pipeline project. The scope of this project included the construction of sliplining a buried pipeline to provide recycled water from the Zone D recycled water system to various water irrigation customers along Morning Trail, Meandering Trail, and Oso Parkway within the Las Flores neighborhood. The construction of the recycled water pipeline will start at the Las Flores Recycled Water Pump Station (LFRWPS) and continue via slip lining of an existing 10 -in force main through Oso Parkway. The recycled water pipeline will continue along Morning Trail and Meandering Trail and feed 26 service laterals. Field Inspector, Regional Lift Station Enhancements Project; Laguna Niguel, CA; Moulton Niguel Water District (Completion: 10/2021; Value: $4M)—The Regional Lift Station is a key facility in the District's sewage transmission system and services most of their customers. The project includes the following: a continuous live bypass of the existing lift station to remove and replace major elements, including pumps, fittings, valves, and instrumentation; repairing and re -coating the concrete surface of the existing wet well; installation of a new overflow structure; removal and replacement of an existing canopy structure; installing a new bypass pump and appurtenant piping and structures; and new yard piping connecting to the new bypass pump to the new overflow structure. Field Inspector, Carlsbad 50 MGD Seawater Reverse Osmosis Desalination Plant ($537M) and Product Water Pipeline ($159M); Carlsbad, CA; Poseidon Water (Completion: 2017)—Mr. Hawes provided field inspection services for the Carlsbad Seawater Desalination Plant and Pipeline Project. The scope also included the construction of a 2.5 MG product water storage tank, product pump station, and conveyance pipeline to deliver the drinking water to water utilities and municipalities in San Diego County. The 10 -mile, 54 -inch diameter pipeline was constructed under Interstate 5 Highway and a railroad using a jack and bore tunnel method. Mr. Hawes coordinated closely with the City of Carlsbad, SDCWA, SDG&E, Poseidon, and the Coastal Commission during the construction of the tunnel option across Macario Canyon. The pipeline alignment included over 6,000 feet of tunnels performed by four different tunneling subcontractors. One of the tunnels is over 1,700 linear feet, 30 feet below sea level, and required a vertical shaft over 80 feet in height. Lead inspector, Reservoir Management Systems Replacement Project; Laguna Niguel, Mission Viejo, and Aliso Viejo, CA; Moulton Niguel Water District (Completion: 2020; Value: $4.1M)—Butier provided construction management and inspection services for the Reservoir Management Systems (RMS) Replacement Program at the following RMS sites: Crown Valley Reservoir (4.3 MG); Highlands Reservoir (2.0 MG); Marguerite Reservoir (2.5 MG); Moulton Peak Reservoir (4.0 MG); and Pacific Park Reservoir (5.0 MG). eUTIER EDUCATION B. S., Civil Engineering, California Polytechnic University, San Luis Obispo, 1982 LICENSES / CERTIFICATIONS Engineer -In -Training, California, #54215, 1982 AREAS OF EXPERTISE Construction Management Program Management Contract Bidding Value Engineering Environmental Compliance Water/Wastewater Design Team Builder Land Development Transportation Accounting Interface HOME OFFICE 17822 E. 17(h Street Suite 404 Tustin, CA 92780 Joseph C. Blum Review Professional Summary Mr. Joseph Blum has over 40 years of experience managing and estimating the construction and reconstruction of heavy civil engineering projects. Projects include earth moving, mass grading (125 million yards of soil), wetlands, recharge basins, large and small diameter pipelines, reservoirs, concrete structures, city and county road construction, highways, bridges, paving, drainage, and wet and dry utilities. In addition, his construction experience includes flood control facility, blasting, and screening. Mr. Blum has comprehensive experience in all aspects of due diligence analysis, management of design engineering, project development, and execution. These aspects include planning, environmental permitting, engineering, acting as governmental liaison, transportation programs, street improvements, dry and wet utility planning and construction, sewer/water entitlements, CFD formation and execution, and bond exoneration. He is a proven team leader, team organizer, and team player. Responsibilities and capabilities range from overall field construction to day-to-day project management, estimating, constructability review, contract administration, business development, and operations. Relevant Experience Project Manager, City of Tustin PFAS Water Treatment System and Influent Conveyance, Orange County Water District, Tustin, California (Completion: 2025; Value: $24M)—The project included the construction of conveyance pipelines to transport water extracted from four extraction wells to a new PFAS water treatment facility. The treatment facility consists of eight Ion exchange (IX) vessels to treat the water produced from the extraction wells. Additional project components included the construction of a new section of distribution piping from the Main Street Water Treatment Plant, upgraded booster pumps to handle the additional flows, and replacement of the existing nitrate treatment system. Project Manager, Kraemer/Miller Recharge Basins 484nch Pipeline Replacement and Secondary Fill Line; Orange County, CA (Orange County Water District)—Mr. Blum performed as the Project Manager for the construction of the Kraemer and Miller Recharge Basins. The Kraemer Basin consisted of the construction of 48 -inch CMC and epoxy lined steel pipe, removal and/or abandonment of portions of the existing 48 -inch RCP pipeline, concrete encasement, concrete slope anchors, flow meter, corrosion test stations, and electrical/instrumentation equipment. The Miller Basin consisted of the construction of 42 -inch CMC and epoxy lined steel pipe, concrete junction structure, concrete impact structure, concrete encasement, flow meter, corrosion test stations, removal and re -construction of a section of the existing Carbon Creek Channel, and electrical/instrumentation equipment. Project Manager; Fletcher Recharge Basin Project; Orange, CA; Orange County Water District (Completion: September 2016; Value: $5.6M)—The project consisted of regrading the basin and installing approximately 5,900 linear feet of new 12 -inch diameter pipeline. The basin bottom was excavated to expose permeable sand, then backfilled to the design grade with imported permeable sand to improve percolation. The PVC pipeline alignment started from south of the Riverview Basin, running north along the east side of the Santa Ana River Channel, turning east to Aquarius Place, north on Batavia Street, east on Fletcher Avenue, and ending at Fletcher Basin. The project also included 12 -inch diameter welded steel piping; concrete drain structures; a pump station; euT1ER Joseph C. Blum Constructability Review turnout and meter station; ornamental steel sliding gate and fencing; masonry walls; and access roads. Project Manager, Prado Wetlands Reconstruction Project; Corona, CA (Orange County Water District)—Mr, Blum performed as the Resident Engineer for the reconstruction of the Prado Wetlands, a natural water quality treatment system operated by the Orange County Water District which was damaged by flood flows from the Santa Ana River in the 2004-05 storm season. The portion of the Prado Wetlands included in the reconstruction contract included 400,000 CY of earthwork; a diversion structure and approximately 6,812 feet of diversion channel to supply water from the Santa Ana River; approximately 23 wetland cells; conveyance channels which transport water to and from wetland cells; and water control or conveyance structures to manage water elevations or convey water between cells. Also included were perimeter and internal levees and berms, berm roads, demolition and reconstruction of existing water control structures damaged during the flood, construction of new water control and conveyance structures, salvage and new construction of gabions, stockpiling of material for future construction of a diversion dam, reconstruction or installation of security gates, and other facilities or structures as specified or shown. The scope of work also included protection of partially constructed work from storms, floods, and other natural events, including winter storm flooding. The project also required sediment and erosion control measures in compliance with all local, state, and federal regulations, and compliance with all specified and otherwise applicable local, state, and federal regulations. Project Manager, Beneta Well No. 2 Phase II Equipping Project, City of Tustin, Tustin, CA (Completion: 3/2025; Construction Cost $3.15MJ--Butier provided construction management and inspection services for the Beneta Well No. 2 Phase II Equipping project. The project involved equipping a newly constructed domestic water well. The scope of services includes demolition of existing site improvements, new 1500 gpm, 300 hp VFD operated well pump, 12 -inch discharge piping, and connections to the City's existing water distribution system, new 420 sf and 215 sf masonry buildings, bulk sodium hypochlorite storage, and disinfection systems, construction of a 90 If of 18 -inch rcp drain pipe and outlet structure to an existing drainage channel, new 600 amp electrical SCADA integration, 8 -foot high masonry perimeter walls with motorized gate, AC yard paving, curb, gutter, sidewalk and driveway replacement and landscaping and irrigation system improvements. Project Manager, 8 MG Peck Reservoir Replacement Project; Manhattan Beach, CA; City of Manhattan Beach (Completion: 09/2023; Value: $32.6M]--Butier provided construction management, inspection, public relations, environmental impact monitoring, and soils/materials testing services. The scope of work included construction of the following: 8 MG partially -buried cast -in-place concrete reservoir; operations building and water quality laboratory; pump station and electrical control building; water treatment facilities, including two (2) horizontal filtration tanks, a protected chlorine and ammonia chemical storage building, and a glass -fused bolted steel vertical back wash tank; ancillary facilities; and replacement of raw water transmission pipeline, construction of chemical dosing and containment piping, new sewer discharge pipeline connection, and new utility connections. BUTTER EDUCATION B.S., Construction Engineering, Arizona State University, 1977 Graduate Studies, Arizona State University HOME OFFICE 17822 E. 171h Street Suite 404 Tustin, CA 92780 Casey Harris Senior Scheduler Professional Summary Mr. Harris has 45 years of varied experience as a project manager, construction manager, resident engineer, and senior scheduler. As the on-site/owner representative for major municipal, public agency, and special district capital improvement projects, Mr. Harris has successfully managed the construction of multi -million -dollar water and wastewater treatment, pipeline, airport, solid waste landfill, and port facilities. Collectively, this project experience represents over $800 million in construction costs. Mr. Harris' expertise is in contract administration for design/build, design/bid/build, and construction management programs. He is an expert CPM scheduler, has established and implemented effective change order control systems, negotiated change orders with design/build contractors, performed routine shop drawing reviews, and resolved contractor claims. Mr. Harris' responsibilities for the projects listed below include, but are not limited to, the following: CPM scheduling; supervising and managing the construction project field office; supervising personnel, including assistant RE, field engineer, inspectors, estimators and schedulers, engineering technicians, and administrative assistants; full contract administration; leading preconstruction and weekly construction meetings; responding to contractor correspondence, requests for information (RFIs), and submittals; shop drawing I CVItMb, preparing and reviewing cosi estimates; negotiating settlements for changes and claims; recommending extra work and claims settlements to Owners; negotiating and recommending monthly progress payments; preparing monthly progress reports; maintaining a daily diary of events; reviewing and approving materials, equipment, and testing procedures; coordinating with Owner operations personnel, PM staff, and stakeholders; and project start-up, acceptance, and close-out. Project Experience Project Manager/Senior Scheduler, Groundwater Replenishment System Final Expansion (GWRSFE); Fountain Valley, CA; Orange County Water District (Completion: 03/2023; Program Value: $284M"utier provided project management and inspection services. The GWRSFE is a water supply project designed to provide an additional 31,000 AFY of advanced treated wastewater (recycled water) to the groundwater basin in north and central Orange County. The GWRSFE scope of work included upgrading the existing 100 MGD Advanced Water Purification Facility (AWPF) by adding 30 MGD of additional capacity; constructing Plant No. 2 Secondary Effluent Conveyance Facilities; and rehabilitating an existing pipeline between Plant No. 2 and Plant No. 1 to bring secondary effluent to the GWRS. Senior Scheduler,1,2,3 - Trlchloropropane Removal Treatment Plant Project, City of Chino Hills, Chino Hills, CA (Completion: 4/2025, Construction Cost: $15.5M�—Butier is providing professional construction management support and special inspection services for the 1,2,3-Trichloropropane (1,2.3 -TCP) Removal Treatment Plant Project. The project is required for the City of Chino Hills to comply with the State Water Resources Control Board Division of Drinking Water mandate of an MCL of 0.005 micrograms per liter of 1,2,3 -TCP, which was identified in the City's groundwater wells supply. The scope of work includes; construction of a centralized granulated activated carbon (GAC) treatment plant, installation of ten (10) GAC treatment vessels, electrical and control systems, modifications of pumps, motors and electrical components in the Booster 9 Station, perimeter wall, gates, fencing, landscaping, irrigation and site grading, piping, paving and foundations. Casey Harris Senior Scheduler Senior Scheduler, Mid -Basin Injection: Centennial Park Project; Santa Ana, CA; Orange County Water District (Completion: 2020; Value: $29.5M7—The Mid -Basin Injection project consisted of: the construction of four groundwater Injection wells in below grade vaults; two (2) monitoring wells; a purified recycled water injection supply pipeline approximately 5,700 feet long that connects to the District's existing Groundwater Replenishment System (GWRS) pipeline and crosses the Santa Ana River; a backflush discharge pipeline approximately 4,200 feet long that discharges to the Greenville -Banning Channel and Centennial Park Lake; installation of submersible pumps within the four injection wells; replacement of approximately 9.6 acres of paving within the Park; demolishing an existing City of Santa Ana restroom facility; and constructing two new buildings with shared City and District uses. Butler coordinated closely with the City of Santa Ana, Santa Ana Unified School District, Heritage Museum, and state and federal agencies. Senior Scheduler, Torrance Groundwater Desalter Expansion, Torrance, CA; Water Replenishment District ($200M)—Butier is providing construction management and inspection services. The scope includes the following elements; up to 8 extraction wells, raw water and well blow off pipelines, Brewer Well Pipeline and Automatic Backwashing Strainer Improvements Project, treatment plant expansion at the Torrance Desalter, product water pipeline connection to the City of Torrance and California Water Services, and brine pipelines from the treatment plant to the LACSD A.K. Warren Water Resource Facility. Senior Scheduler, Carlsbad 50 MGD Seawater Reverse Osmosis Desalination Plant and 10 -Mlle Conveyance Pipeline; Carlsbad, CA; Poseidon Water (Completion: 12/2015; Value: $697M)—Mr. Harris provided scheduling services for the new construction of a 50 MGD seawater reverse osmosis desalination plant at the Encina Power Station located in Carlsbad, CA. The scope also included the construction of a 2.5 million -gallon product water storage tank, a product pump station, and a conveyance pipeline to deliver the drinking water produced by the Project to water utilities and municipalities in San Diego County. The 10 -mile, 54 -inch diameter pipeline was constructed under Interstate 5 Highway and a railroad using a jack and bore tunnel method. The pipeline alignment includes over 6,000 feet of tunnels performed by four different tunneling subcontractors. One of the tunnels is over 1,700 linear feet, 30 feet below sea level, and required a vertical shaft over 80 feet in height. Senior Scheduler, Sativa Well 5 Treatment; Los Angeles, CA; Water Replenishment District of Southern California (Completion: 2025; Construction Value: $4.2M)—Butier provided construction management and inspection services for the installation and construction of a wellhead treatment facility. The scope of work included the following: manganese filter system; filter backwash system with tank and pumps; chemical feed system; project water storage tank and booster pumps; piping valves, and appurtenances; the construction, start-up and testing of the system and associated site civil and electrical power improvements. Senior Scheduler, South Archibald Plume Cleanup Project - Well 1-11 Booster Pump Station; Ontario, CA; Chino Basin Desalter Authority (Completion: 2024; Value; $1.34M) -Butier provided construction management and inspection services for the Well 1-11 Booster Pump Station construction project. The project included the construction of a new booster pump station and associated facilities at the existing Well 1-11 site. The pump station and pipeline connections/valving allow CDA the flexibility to pump groundwater from the well to the Chino II Desalter to remove volatile organic compounds from the groundwater, should elevated levels be detected. BUT1ER EDUCATION B.S., Engineering Technology—Construction, California State Polytechnic University, Pomona, 2000 AREAS OF EXPERTISE Construction & Specialty Trade Estimating Cost Valuation / Value Engineering Cost Control Quality Control Document Control Systems Training & Implementation CPM Project Scheduling Construction Inspections Surveying Change Order Negotiation Cost Segregation Studies Project Organization Engineering Management Owner Presentations HOME OFFICE 17822 E. 171h Street Suite 404 Tustin, CA 92780 Bryan Wilson Document Control Specialist Professional Summary Mr. Wilson has more than 20 years of construction cost estimating, cost review, field engineering, inspection, and engineering management experience. Bryan has analyzed and reviewed cost estimates for hundreds of projects ranging from underground pipelines to high-rise office buildings. These projects involved the training and management of engineers and estimators to determine and track construction costs and activities. His detailed estimating experience covers all aspects of building and heavy/civil design and construction. He has conducted numerous physical inspections to verify the accuracy and scope of quantities and cost estimates. Bryan also has experience in project scheduling, negotiating construction change orders, and value engineering analyses. Bryan has also provided asset valuation and classification consulting services to real estate appraisers and construction companies. He has prepared construction cost estimate studies for federal tax depreciation classification and successfully defended these studies when audited by the Internal Revenue Service. In addition, Bryan has extensive knowledge of web -based document control systems. As a Document Control Specialist, Bryan has been responsible for the flow and storage of all project documentation between the owner, design engineer, contractor, construction manager, and other key stakeholders. He has provided the processes, procedures and training to electively assist project teams with organizing and managing documentation (e.g., drawings, specifications, meeting minutes, RFIs, submittals, and change orders); ensured that pre -established document control requirements were met throughout the duration of the project; and produced logs, transmittals, and other reports as required. Project Experience Field Engineer, Groundwater Replenishment System Final Expansion (GWRSFE); Fountain Valley, CA; Orange County Water District (Completion: 03/2023; Program Value: $284M)—Butier provided project management and inspection services. The GWRSFE is a water supply project designed to provide an additional 31,000 AFY of advanced treated wastewater (recycled water) to the groundwater basin in north and central Orange County. The GWRSFE scope of work included upgrading the existing 100 MGD Advanced Water Purification Facility (AWPF) by adding 30 MGD of additional capacity; constructing Plant No. 2 Secondary Effluent Conveyance Facilities; and rehabilitating an existing pipeline between Plant No. 2 and Plant No. 1 to bring secondary effluent to the GWRS. Office Engineer/Document Control Specialist, Mid -Basin Injection: Centennial Park Project; Santa Ana, CA; Orange County Water District (Completion: 2020; Value: $29.SM)—The Mid -Basin Injection project consisted of the construction of the following: four groundwater injection wells in below grade vaults; two (2) monitoring wells; a purified recycled water injection supply pipeline approximately 5,700 feet long that connects to the District's existing Groundwater Replenishment System (GWRS) pipeline and crosses the Santa Ana River; a backflush discharge pipeline approximately 4,200 feet long that discharges to the Greenville -Banning Channel and Centennial Park Lake; installation of submersible pumps within the four injection wells; replacement of approximately 9.6 acres of paving within the Park; demolishing an existing City of Santa Ana restroom facility; and constructing two new buildings with shared City and District uses. Document Controls Specialist, Tustin PFAS Treatment System and Influent Conveyance, Orange County Water District, Tustin, California (Completion: 2025; Value: $24M)—The project included the construction of conveyance pipelines to transport water extracted from four wells to a new PFAS water treatment facility. The treatment facility will consist of four ion exchange (IX) vessels to treat the water produced from the extraction wells. Additional project components include the construction of a new BUTIER Bryan W119on Document Control Specialist section of distribution piping from the Main Street Water Treatment Plant, upgraded booster pumps to handle the additional flows, and replacement of the existing nitrate treatment system. Document Control Specialist, 1,2,3 - Trichloropropane Removal Treatment Plant Project, City of Chino Hills, Chino Hills, CA (Completion: 2025; Value: $15.5111YI�-Butier is providing professional construction management support and special inspection services for the 1,2,3-Trichloropropane (1,2,3 -TCP) Removal Treatment Plant Project. The project is required for the City of Chino Hills to comply with the State Water Resources Control Board Division of Drinking Water mandate of an MCL of 0.005 micrograms per liter of 1,2,3 -TCP, which was identified in the City's groundwater wells supply. The scope of work includes the following: construction of a centralized granulated activated carbon (GAC) treatment plant, Installation of ten (10) GAC treatment vessels, electrical and control systems, modifications of pumps, motors and electrical components in the Booster 9 Station, perimeter wall, gates, fencing, landscaping, irrigation and site grading, piping, paving and foundations. Document Control Specialist, Sativa Well 5 Treatment; Los Angeles, CA; Water Replenishment District of Southern Californla (Completion: 2025; Value $4.211Y!}- Butier provided construction management and inspection services for the installation and construction of a wellhead treatment facility. The purpose of the project was to remove the manganese pumped from water from the existing Sativa Well No. S. The scope of work included the following: manganese filter system; filter backwash system with tank and pumps; chemical feed system; project water storage tank and booster pumps; piping valves, and appurtenances; the construction, start-up and testing of the system and associated site civil and electrical power improvements. Document Controls, La Salina Wastewater Treatment Plant Primary and Secondary Digesters Cleaning and Piping Improvements, Oceanside, CA; City of Oceanside (Completion: 2024; Value: $2.2M)-Butier Engineering provided construction management services for the La Salina Wastewater Treatment Plant Primary and Secondary Digesters Cleaning and Piping Improvements project. The scope of work includes dewatering and cleaning primary and secondary digester tanks, replacement of heated sludge supply and return piping and valves, including installation of new pipe supports, replacement of digester gas piping, valves and gas protection equipment, replacement of primary digester roof center ring cover and secondary digester seal rings and diaphragm on roof hatches and sample ports, and replacement of the digester overflow piping. Document Control Specialist, Juanita Millender-McDonald Carson Regional Water Recycling Plant Phase II Expansion Project; Carson, CA; West Basin Municipal Water District (Completion: 1/2025; Value: $22M)-Butier provided construction management services for the expansion which includes the installation of a new 5.88 MGD custom - engineered microfiltration (CEMF) system. This system increases water supply capacity and improves system operability and reliability at the five -acre plant. Additional scope of work included; tie-in to existing on-site potable water line for backup supplies to the three main storage tanks with air -gap fittings, installation of a 600kW standby generator to provide the ability to continue pumping product water to the refinery during a power outage, installation of a carbon dioxide storage and dosing system that feeds into the existing Biofor unit, associated civil, structural, mechanical, plumbing, electrical, controls, system integration, and instrumentation upgrades, and system performance testing and start up activities. 1. 1l xfi EDUCATION/TRAINING Graduate of IBEW/NECA Local 11 Apprenticeship 1986 Graduate of Instrumentation I & II (1989), Electrical Training Institute Completed Foremanship Class (ETI) LICENSES / CERTIFICATIONS Master Electrician, State of Colorado Contractor's License (Inactive), California. Arizona and Nevada SOFTWARE Estimating (McCormick Estimating Software) Project Scheduling/Cost Control (Microsoft Projects) MS Excel, Word, PowerPoint AFFILIATIONS Member, Occupational Safety Council of America (OSCA) AREAS OF EXPERTISE Field Engineering and Electrical Design Electrical Inspection and Specification Acceptance Client/Construction Representative Integrator of Ray -Chem and Chromalox Heat Trace Products HOME OFFICE 17822 E. 17th Street Suite 404 Tustin, CA 92780 Bruce Phillips Electrical Inspector Professional Summary Mr. Phillips brings over 30 years of experience in industrial and commercial construction to Butier Engineering, Inc. He has focused on providing construction cost estimating, project management, human resources (craft), client development, and client management services over the last 20 years of his career. His skills encompass a comprehensive array of experience in operations, management, project management, estimating, and start-up/commissioning services across various industries, including upstream oil and gas production, petroleum refining, petrochemical, wastewater treatment, food processing, and power generation. Project Experience Electrical Inspector, Groundwater Replenishment System Final Expansion Project; Fountain Valley, CA; Orange County Water District (Completion: 03/2023; Program Value: $284M)—Butier provided construction management and inspection services. The project included expanding the existing 100 MGD Advanced Water Purification Facility (AWPF) by adding 30 MGD of additional capacity; constructing Plant No. 2 (P2) Secondary Effluent Conveyance Facilities, including a pump station and two 3.0 MG effluent flow equalization tanks; and rehabilitating an existing 15,750 LF of 84 -inch pipeline between Plant No. 1 and P2 to hying secnndary Pffluant to the GWRS_ Electrical Engineer, City of Tustin PFAS Treatment System and Influent Conveyance; Tustin, CA; Orange County Water District (Completion: 2025; Value: $24M)—The project included the construction of conveyance pipelines to transport water extracted from four extraction wells to a new PFAS water treatment facility. The treatment facility consists of eight Ion exchange (IX) vessels to treat the water produced from the extraction wells. Additional project components included the construction of a new section of distribution piping from the Main Street Water Treatment Plant, upgraded booster pumps to handle the additional flows, and replacement of the existing nitrate treatment system. Electrical Inspector, Claude "Bud" Lewis Carlsbad Desalination Plant—Standalone Intake Modifications; Carlsbad, CA; Poseidon Resources (Completion: 2025; Construction Cost: $182 million)—Butier provided construction management and inspection services for the final phase of intake -discharge modifications. The scope of work included the following: a new dual -flow screen system and ancillary systems supported on a new concrete access bridge including piles, pile bents, and access ramps; dual -flow spray wash system which includes pumps, piping, and nozzles; screen debris removal/management system; floating debris boom system; large organism exclusion system; new electrical building to house motor controls, variable speed drives, and other controls; instrumentation and controls required for the Permanent Modifications; connecting piping between the existing intake tunnel and the existing intake pump station; and abandonment of the generation station intake and discharge tunnel portions no longer needed to support operations. Electrical Inspector, Juanita Mlllender-McDonald Carson Regional Water Recycling Plant Phase II Expansion Project; Carson, CA; West Basin Municipal Water District (Completion: 2025; Value: $22M)—Butier's scope of work included construction management and inspection services for the expansion which included the installation of a new 5.88 MGD custom -engineered microfiltration (CEMF) system. This system will increase water supply capacity and improve system operability and reliability at the five - acre plant. Additional scope of work included the following: tie-in to existing on-site potable water line for backup supplies to the three main storage tanks with air -gap fittings, installation of a 600kW standby generator to provide the ability to continue pumping product water to the refinery during a power outage, installation of a carbon BUTLER Bruce Phillips Electrical Inspector dioxide storage and dosing system that teeds into the existing Biotor unit, associated civil, structural, mechanical, plumbing, electrical, controls, system integration, and instrumentation upgrades, and system performance testing and start up activities. Electrical Inspector, Water Replenishment District; Leo J. Vander Lang SCADA Upgrade Project, Long Beach, CA (Completion: 6/2025; Value: $1.3M)—Butier provided construction management services for the LVL SCADA Upgrade project. To ensure a functional, seamless SCADA system upgrade, our team is overseeing the work and maintaining a 90% online factor at LVL AWTF while reducing downtime during the implementation phase of the project. Upon completion, the District will have an improved, complete controls system drawing set that can be utilized for future improvements or troubleshooting. Constructability Review — Electrical/I&C, 90% Design Purified Water Replenishment Treatment Facility; San Jacinto, CA; Eastern Municipal Water District (Completion: 2023)—EMWD selected Butier to provide constructability review and value engineering services (CR&VE) for the 90% design of the Purified Water Replenishment Treatment Facility Project. The facility will blend advanced treated recycled water (purified water) with tertiary treated recycled water. The water will then be pumped to replenishment basins in San Jacinto where it will naturally seep into the ground and blend with existing groundwater. After traveling through the soil for a minimum of six months, the water will be pumped out of the ground through EMWD's network of groundwater wells and go through a final cleaning step consisting of microfiltration and reverse osmosis. Electrical Inspector, Chlno I Desalter VOC Treatment Facilities; Ontario, CA; Chino Basin Desalter Authority (Completion: 2023; Value: $12M)—Butier's scope of work included construction management and inspection services. This project supports the County of San Bernardino's larger effort to mitigate groundwater contamination consisting of volatile organic compounds (VOCs) from the Chino Airport Plume. The County's project consists of the construction of new groundwater extraction wells at 10 new sites and on-site and/or off-site treatment, two new treatment facilities at the Chino I Desalter to remove VOCs from seven CDA wells and the new County wells, respectively. The two systems have a combined capacity of 3,550 gpm with provisions for expanding an additional 800 gpm. New treatment at the Chino I Desalter included construction of the following: two new Granular Activated Carbon Systems; cartridge and bag filtration systems; sulfuric acid storage and feed systems; piping systems and tie-ins; demolition of various structures and site improvements; storage building; electrical and instrumentation and controls; off-site pipeline to convey raw water from the County's wells for treatment at the Chino I Desalter; and system performance testing and startup activities. *"yV&*QQr8 Goolechnlcal 6 Environmental Sciences Consulhnle EXPERIENCE 26 Years with Ninyo & Moore 38 Years Total EDUCATION MBA, University of California Davis, 1998 M.S., Geotechnical Engineering, University of California Berkeley, 1989 B.S., Civil Engineering, University of California Berkeley, 1987 REGISTRATIONS PE 49665 (California) GE 2509 (California) Nuclear Gauge Operator Certification PROFESSIONAL AFFILIATIONS American Society of Civil Engineers Garreth Salk!, PE, GE Principal Engineer Professional Summary As a Principal Engineer for Ninyo & Moore, Mr. Saiki coordinates and conducts geotechnical evaluations for residential, commercial, and public facilities, including water infrastructure, highways, railroads, airports, public and private buildings, and bridges; performs slope stability analyses, flexible and rigid pavement design, and underground pipeline design; prepares and reviews geotechnical reports; and provides geotechnical design parameters and recommendations for shallow and deep foundations, retaining structures, in-situ ground remediation and earthwork; reviews laboratory results, project plans and specifications; Mr. Saiki also provides project coordination and oversees scheduling of field activities, supervises staff -level geologists and engineers, supervises field technicians and special inspectors, reviews project plans and specifications, and reviews laboratory test results for conformance with the project documents, including the Uniform Building Code (UBC), California Building Code (CBC), Federal Aviation Administration (FAA), State Department of Transportation (Caltrans), American Association of State Highway and Transportation Officials (AASHTO), and the Standard Specifications for Public Works Construction (Greenbook). Project Experience Sativa Water Treatment Project, Los Angeles, California. Mr. Saiki provided project oversight and management, including work scheduling and review of the project plans, specifications, geotechnical report and contract documents. Ninyo & Moore provided materials testing and inspection services during upgrades of an existing water treatment facility including areas of new below grade utility pipeline, equipment pad, concrete and asphalt concrete hardscape construction, as well as construction of the following new structures: a Sodium Hypochlorite Storage Structure, a Manganese Filter System Structure, a Backwash Waste Tank Structure, a Product Water Pump Station, and a Product Water Tank Structure. Phase 2B Recycled Water Tank, Santa Clarita, California: Mr. Saiki provided project oversight, management, and documentation review. Ninyo & Moore provided geotechnical and materials testing inspection services associated with the Santa Clarita Valley Water Authority Phase 2B Recycled Water Tank project in Santa Clarita, California. The project consisted of constructing two 500,000 gallon welded steel recycled water tanks. The tank construction included stairs, access bridge, safety railing, lighting, overflow, maintenance hatches, sampling taps tank coating and all other necessary appurtenances. Earthwork included offsite pipeline which included approximately 1,250 feet of 12" recycled water ductile iron pipe along the access road to the proposed tank site. Ion Exchange PFAS Treatment System, Montebello, Californla: Mr. Saiki provided project coordination and management, including work scheduling and review of the project plans, specifications, geotechnical report and contract documents. He provided reinforced concrete deputy inspection services during structural reinforced concrete construction, including inspection during installation of rebar, formwork, anchor bolts, and plates, as well as continuous inspection during concrete placement, including sampling and testing of concrete and non -shrink grout. Ninyo & Moore geotechnical and materials testing and deputy inspection services pertaining to construction of the ION Exchange PFAS Treatment System project located at 344 East Madison in Montebello, California. The project consisted of upgrading the existing water treatment facility that includes areas of new utility pipeline, equipment pad, vault and exterior hardscape construction, as well as construction of a 45 feet wide x 72 feet long at grade Filter Vessel Treatment Pad Structure and a 18 feet wide x 27 feet long at grade chemical storage building. Puente Valley Operable Unit Intermediate Zone Remediation System, City of Industry, California: Mr. Saiki provided project coordination, technical support and management, including review of the project geotechnical reports, plans and specifications, distribution of N/nryn&Moare Go1)190nlcal3 EnYlfunmanlU S uncal Conaullonlr Garreth Salk!, PE, GE Principal Engineer test reports, work scheduling, and regular distribution of test and inspection reports to the project team, Ninyo & Moore provided materials testing and special inspection services during construction of the Puente Valley Operable Unit Intermediate Zone Remediation System project in La Puente and City of Industry, California. The project involved an extraction system, groundwater treatment plant, and an effluent system. The extraction system included some local infrastructure at the existing extraction wells and installation of additional piping for well water extraction and conveyance to the planned treatment plant. The effluent system consists of piping to convey product water to the La Puente Valley County Water District, surface water to the local storm drain system, and waste water discharge to the Los Angeles County sewer district system. South Archibald Plume Cleanup, San Bernardino County, California: Mr. Saiki provided project coordination, management and technical support. Ninyo & Moore provided materials testing services during construction of the Archibald Plume Clean-up Project in San Bernardino County, California. The project consisted of a new groundwater well, installing approximately 21,300 linear feet (LF) of pipe, and modifications to the existing decarbonators at the Chino II Desalter. The new piping includes 15,000 LF of 24 -inch diameter pipe, 5,300 LF of 18 -inch pipe, and 1,000 LF of 12 -inch pipe. Field technician services to provide observation, sampling and testing during trench subgrade preparation, trench backfill, aggregate base placement and asphalt concrete pavement operations. Wells 21 and 22 Wellhead Facilities, Tustin, California: Mr. Saiki provided project coordination, management and technical support. Ninyo & Moore provided materials testing services during construction of the Wells 21 & 22 Wellhead Facilities and Pipelines project in Tustin, California. The project consisted of installing approximately 6,800 linear feet of untreated water pipeline, approximately 1,300 linear feet of well pump -to -waste pipeline, approximately 12,600 linear feet of product water pipeline and approximately 1,570 linear feet of non -reclaimable waste pipeline, as well as pavement replacement along the pipeline alignments, wellhead facility site improvements also included a new concrete vault, utilities, piping, concrete pads, asphalt pavement and block walls. Field services included sampling and testing of structural concrete, subgrade (SG), aggregate base (AB) and asphalt concrete (AC). Our services also included batch plant inspection during production of asphalt concrete. Jy/ yo &ffiaar e a/OIOCMICNI 8 EnWO(IMeN01 S ON@ COMUNI I EXPERIENCE 13 Years with Ninyo & Moore 19 Years Total CERTIFICATIONS ACI Field Testing Technician Grade I ACI Aggregate Level I ACI Strength Tester ACI Laboratory Technician Level I ACI Laboratory Technician Level II Caltrans Beams Caltrans Concrete City of Los Angeles Deputy Building Inspector, No. P03072 Concrete Construction Grading County of Orange, Registered Special Inspector, No. 00320 ICC Soils Special Inspector ICC Reinforced Concrete Special Inspector FRP Qualified Inspector Radiation (Nuclear Gauge) User Safety USDOT Hazmat Matthew Jacobs Senior Field Technician/Inspector Professional Summary As a Senior Field Technician for Ninyo & Moore, Mr. Jacobs provides testing and inspection services for structural concrete and masonry, provides roadway inspection services on water, highway and street improvement projects and related documentation, provides construction management services on public works projects and related documentation, provides geotechnical observation and testing services for large earthwork projects and related documentation, performs construction observation of slope stability fills and landslide buttresses and provides related documentation, performs quality control for underground utility and foundation construction and provides related documentation, performs field testing of concrete and asphaltic concrete and provides related documentation, provides inspection of asphalt and concrete batch plants and related docu- mentation, performs geotechnical laboratory testing and provides related documentation. Project Experience Sativa Water Treatment Project, Los Angeles, California: Mr. Jacobs provided observation, sampling and density testing during the project rough grading, trench and structural excavation backfill, as well as subgrade and aggregate base recompaction and asphalt concrete paving operations; sampling and testing during concrete placement, including checking slump, temperature and air content. as well as casting of rnnr.rPte_ cylinders. Ninyo & Moore provided materials testing and inspection services during upgrades of an existing water treatment facility including areas of new below grade utility pipeline, equipment pad, concrete and asphalt concrete hardscape construction, as well as construction of the following new structures: a Sodium Hypochlorite Storage Structure, a Manganese Filter System Structure, a Backwash Waste Tank Structure, a Product Water Pump Station, and a Product Water Tank Structure. IRWD/Orange Park Acres Well No.1 Wellhead Facilities, Orange, CA: Served as Senior Field Technician/Inspector to provide geotechnical observation and testing services during construction of the proposed Orange Park Acres Well No. 1 Wellhead Facilities Project located in Orange, California. The project consisted of constructing a well/booster pump building including a 15 foot deep clear well, chemical building, surge tank & pad, concrete masonry unit site walls and associated site underground utilities and electrical service facilities, as well as site paving. Phase 213 Recycled Water Tank, Santa Clarita, California: Santa Clarita Valley Water Agency c/o Cannon. Senior Field Technician. Mr. Jacobs provided geotechnical and materials testing and collection of the samples, and submittal of the test results. Ninyo & Moore provided geotechnical and materials testing inspection services associated with the Santa Clarita Valley Water Authority Phase 26 Recycled Water Tank project in Santa Clarita, California. The project consisted of constructing two 500,000 gallon welded steel recycled water tanks. The tank construction included stairs, access bridge, safety railing, lighting, overflow, maintenance hatches, sampling taps tank coating and all other necessary appurtenances. Earthwork included offsite pipeline which included approximately 1,250 feet of 12" recycled water ductile iron pipe along the access road to the proposed tank site. Ion Exchange PFAS Treatment System, Montebello, California: Senior Field Technician/Inspector. Mr. Jacobs provided observation, sampling and density testing during the project rough grading, trench and structural excavation backfill, as well as subgrade and aggregate base recompaction and asphalt concrete paving operations. He provided reinforced concrete deputy inspection services during structural reinforced concrete construction, including inspection during installation of rebar, formwork, anchor bolts, and plates, as well as continuous inspection during concrete placement, including sampling and testing of concrete and non -shrink grout. Ninyo & Moore geotechnical and materials testing and deputy inspection services pertaining to construction of the ION Exchange PFAS Treatment System project located at 344 East Madison in Montebello, California. The N/nye&*oare Geotechnical d Environmmlel Sciences Consultants Matthew Jacobs Senior Field Technician/Inspector project consisted of upgrading the existing water treatment facility that includes areas of new utility pipeline, equipment pad, vault and exterior hardscape construction, as well as construction of a 45 feet wide x 72 feet long at grade Filter Vessel Treatment Pad Structure and a 18 feet wide x 27 feet long at grade chemical storage building. Mid -Basin Injection project at Centennial Park, Santa Ana, California: Senior Field Technician. Mr. Jacobs provided sampling and testing of structural concrete, including checking slump, temperature and casting a set of concrete cylinders. Ninyo & Moore provided soils and materials testing services during construction of the Mid -Basin Injection project at Centennial Park in Santa Ana, California. The project consisted of constructing two shared recreation/communication buildings, and installation of approximately 5,000 linear feet of combined on-site and off-site purified recycled water injection supply pipeline, and approximately 4,000 linear feet of backflush discharge pipeline, as well as new asphalt concrete pavement construction. Earthwork for the project consisted of overexcavation and recompaction in order to provide 3 feet or more of compacted soil below the proposed foundations. The project required night and weekend work. IRWD/Fleming Reservoir and Pump Station Project, Irvine, CA: Served as Senior Field Technician/Inspector providing geotechnical and materials testing services during construction of the Fleming Reservoir and Pump Station project. The project consists of a new 1.31VIG Reservoir, a new RMS Building, Pump Station, Storage Building, and various site improvements. The reservoir is an 80 -feet diameter DYK type design concrete tank with seismic cables, tensioning rods, shotcrete exterior over stressed strands and steel stairs. Other site improvements included yard piping, overflow vault, drain inspection vault, sewer holding tank, generator, retaining walls, storm drain system with biofiltration, surge tank, pipe support structures and asphalt concrete pavement. Geotechnical services included observation and testing during compacted fill, trench backfill and subgrade preparation. Field density testing was per -formed during fill placement to evaluate the contractor's compaction efforts. Materials testing services include concrete sampling and testing.Laboratory testing included Proctor density, sieve analysis, sand equivalent and concrete compressive strength testing. IRWD/Michelson Water Treatment Plant Biosolids and Energy Recovery Facilities, Irvine, CA: Served as Senior Field Technician/Inspector to provide materials testing and special inspection services during construction of the project. The project consisted of constructing several new structures, including a storm water pump station, primary sludge pump station, solids handling building, acid phase digester, methane phase digesters, sludge holding tanks, digester control building, dewatering feed pump station, digester gas storage and treatment, micro turbines, centrate treatment, odor control pad, bulk polymer storage, bulk liquid chemical storage, and fog receiving station. The project also included installing approximately 3,000 pre -cast concrete driven piles. services included testing and inspection of concrete, masonry and structural steel. Field services also included sampling and testing of fresh concrete and grout including checking slump, temperature and casting compressive strength samples. ON-Si7E EDUCATION B.S. Mechanical Engineering, 1977 -1982 Cal Poly Pomona YEARS' EXPERIENCE 32 Years (QA/QC) 25 Years (Inspection Management and Coordination) Kent Kreeger Senior MechanicaVStartup Engineer Professional Summary Mr. Kent Kreeger leads ON-SITE's mechanical equipment team providing technical support during installation and start-up/commissioning, vibration analysis, failure analysis, and problem resolution. He has over 38 years of direct QA Management experience providing inspection and engineering support of projects both domestic and overseas. Mr. Kreeger has direct experience in hydroelectric, power generation, petrochemical, and water distribution pump stations, providing engineering support in all aspects of rotating and stationary equipment operation and reliability. Areas of expertise include inspection of mechanical equipment, pressure vessels, fabricated valves 48 inches to 144 inches, and engineered equipment. He is experienced in the fabrication, factory acceptance testing, and start-up support of all aspects of hydroelectric power generation and pump stations and rotating equipment, including pumps and motors up to 25,000 HP, generators, steam and gas turbines, and compressors. Mr. Kreeger is knowledgeable and experienced in functional testing, debugging, start-up and commissioning of PLC based control systems used in water treatment, water distribution, and large pumping stations. He performs inspection and commissioning services for electrical equipment, controls, instrumentation, SCADA, and related systems. He is often called upon to assist owners, contractors, and manufacturers with failure analysis support and solutions to difficult performance problems with iii echanical systems. Supported the fabrication inspection of switchgear, transformers, MCCS, control systems and PLCS. Extensive experience in FRP fabrication and testing of filament wound tanks and pipe, and hand laid up assemblies; has inspected the application of all types of coating systems used in industrial applications. In addition, Mr. Kreeger has successfully directed and completed international based inspections in the following countries: Canada, Mexico, Brazil, Korea, Japan, England, Scotland, France, Germany, Spain, Poland, Sweden, Portugal, Austria, Indonesia, and India. Projects included large diameter valves, pumps and hydraulic turbine generators, forgings and welded structures, pressure vessels, and mechanical assemblies. Project Experience Edward C. Little Water Recycling Facility Phase V Design -Build Expansion; EI Segundo, CA; West Basin Municipal Water District (Completion: 05/2013; Value: $61,854,989)— Provided shop fabrication inspection and field construction inspection support as a sub - consultant to Butier Engineering, Inc. As a part of the project, West Basin expanded Title 22, Barrier Water and Low -Pressure Boiler Feed water treatment processes. The Phase V project involved expanding the Title 22 pretreatment capacity by 10 MGD to achieve a total treatment capacity of 40 MGD, along with expanding the Barrier Water production from 12.5 MGD to 17.5 MGD and the Low -Pressure Boiler Feed water production from 1.7 to 2.2 MGD to serve Single -Pass RO water to NRG's EI Segundo Power Plant. The Phase V project addressed numerous capacity expansion and treatment process upgrades. The project included, but was not limited to, the following components: Ozone -Microfiltration Pretreatment Process; West Coast Barrier; EI Segundo Power -Low Pressure Boiler Feed Water; Title 22 Facility -High -Rate Clarifier Expansion; Title 22 Pump Station; Chemical Facilities; and miscellaneous civil work. Expansion of the Leo J. Vander Lans Water Treatment Facility; Water Replenishment District of Southern California (Completion: 07/2014; Value: $31,588,721)—Provided shop fabrication inspection and field construction inspection support as a sub -consultant to Butler Engineering, Inc. The project included upgrading from 3 mgd to 8 mgd capacity; construction of additional microfiltration (MF), reverse osmosis (RO), and UV treatment and other systems; and upgrading the wastewater equalization system and improvements to the electrical and instrumentation and controls. ON-SiTC Kent Kreeger Senior MechanicaVStartup Engineer Slarl.-UN Engineer, Carlsbad 50 MGD Seawater RO Desalination Plant; Carlsbad, CA; Poseidon Resources/SDCWA/Butler Engineering, Inc. (Completion: 12/2015FMr. Kreeger had overall responsibilities providing as -needed technical assistance during the fabrication, installation, and commissioning of (18) 7000HP pumps, mechanical equipment, valves ranging in size from 48" thru 98" diameter, and electrical inspections for the above referenced project. Knowledgeable and experienced in final testing, debugging, start-up and commissioning of systems related to chlorination, fluoridation, fumigation, exfoliation, water treatment, chemical feed, large pumps and valves, electrical equipment, components and instrumentation, SCADA, and other equipment and systems. Burris Pump Station Project—Phase 2, Orange County Water District/Butler Engineering—Provided support as a sub -consultant to Butier Engineering, Inc. during the initial evaluation of the existing pump station, repair or replace. Provided technical support by reviewing the job specifications, mechanical equipment proposals and submittals. Witnessed performance testing of the motor which were fabricated in Brazil, and the pumps, worked closely with the construction team to develop a plan to install the pumps. Provide construction inspection and start up support for the pumps, VFD's and PLC. Start -Engineer, Palo Verdes Peninsula Water Reliability Pipeline and Booster Station As Start -Up Engineer for this project, Mr. Kreeger provided daily field support on behalf of the own, Cal Water. The project included the installation of a new pump station with a wet well and a surge control system, and backup generator power for the station. Four electric pumps were installed with new MCC analog controls and PLC / SCADA controls. The services included monitoring and inspecting the contractor's daily activities, including installation of equipment, electrical testing including loop check and continuity testing, PLC and analog controls testing. Start-up testing included vibration and hydraulic performance testing as well as surge tests. The Backup generator power was functionally tested for control the ATS functioned properly, and the station would operate on backup power. Failure Analysis Engineer, Sterling Reservoir Pump Station, Otay Mesa Water District— This pump station was commissioned in early 2020 and suffered a catastrophic gear box failure on one of the engine drives pumps. On -sites role on this project was to provide independent engineer analysis of the equipment that was specified and purchased, conform the equipment was properly installed, complete a failure analysis on the gearbox, pump, drive shaft and engine. Make recommendations on the necessary modifications required to correct the deficiencies. Startup Engineer, City of Fountain Valley Reservoir #2 Startup, City of Fountain Valley/Butler Engineering—This project included a new potable water pump station that supplies water to the City of Fountain Valley and a retrofitted storm water pump station. Both projects were constructed concurrently by the same contractor. Our role was to provide technical support to the CM on the project. Activities included submittal and RFI review, inspections during the installation of the equipment, electrical and control inspection, and commissioning activities. During the installation of the pumps and drivers, (electric motors and engine driven) inspections were completed to confirm the equipment was installed in accordance with the job specifications, O&M requirements, and industry standards. Once the electrical equipment and PLC based controls were installed, Loop checks, continuity and function testing was completed. During commissioning I worked with operations, the contractor and the equipment supplier's reps to successfully start the equipment. worked closely with operations and the PLC programmer the tune the controls system. OWSTC EDUCATION B.S. Engineering, Aerospace YEARS' EXPERIENCE 30 Years (QA/QC) CERTIFCATIONS CAWI # 22037204 ASNT SNT-TC-1A, NDE level I, VT & PT, 2019 ISO 9001 Lead Auditor, BSI Cal ISO Consulting Value Based Management Juvencio Figueroa Mechanical /Startup Support Professional Summary Mr. Figueroa is a senior engineer managing our mechanical equipment team providing technical support. With over 30 years of direct QA Management experience providing inspection and engineering support for projects both domestic and overseas. Mr. Figueroa has direct experience in the Hydroelectric, Power Generation, Petrochemical and Water Distribution pump stations providing engineering support of rotating and stationary equipment operation and reliability. In addition, has a proven track record managing domestic and overseas fabrication inspection assignments, and providing technical support to difficult fabrication and construction problems. In this role his responsibilities include Quality Assurance verification for new and repaired equipment, Vibration Analysis and Failure Analysis. As a member of our mechanical equipment team, he provides technical support during installation and start-up/commissioning, vibration analysis, failure analysis, and problem resolution. Areas of expertise include inspection of mechanical equipment, pressure vessels, fabricated valves 48"-144", and engineered equipment. Experienced in the fabrication, factory acceptance testing, and start up support of all aspects of power generation and pump stations. Rotating equipment including pumps and motors up to 25,000 HP, generators, steam and gas turbines, and compressors. Knowledgeable and experienced in functional testing, debugging, start-up and commissioning of PLC based control systems used in water treatment, water distribution, and large pumping stations. Experienced in inspection and commissioning electrical equipment, controls and instrumentation, SCADA, and related systems. Supported the fabrication inspection of switchgear, transformers, MCCS, control systems and PLCS. Extensive experience in FRP fabrication and testing of filament wound tanks and pipe, and hand laid up assemblies; has inspected the application of all types of coating systems used in industrial applications. Successfully directed and completed international based inspections in the following countries: Canada, Mexico, Germany, Indonesia, and India. Projects included large diameter valves, pumps and hydraulic turbine generators, forgings and welded structures, pressure vessels, and mechanical assemblies. Relevant Experience B MG Peck Reservoir Replacement Project, storage tank and booster pump station, City of Manhattan Beach, CA, Ongoing Rotating Equipment Engineer. Provide Technical Support and assistance during startup and commissioning of the facility. Services include fabrication Inspection and witnessing factory acceptance testing, engineering, vibration analysis, and inspection support during the mstallalion. Provide start up support. Witnessed loop checks, confirmed the PLC functionally, witnessed field alignment of the newly installed pumps, and witnessed factory testing of the new pumps and motors. California Water Pump Station 53, Cal Water, Palos Verdes, CA Rotating Equipment Engineer. Assisted in the preventative maintenance and setup activities for the pump station which Included the inspection and testing of the following equipment: Booster Pumps & Motors, Pump Discharge Flow Meters, Surge Control Air Compressor Skids, CLA-Valves, Pump Room Fans HVAC Units. Facilitated vibration analvsis of the motors, the removal of failed motor, witnessed warranty repair bearing replacements and factory acceptance testing. Witnessed pump lift & alignment. oN=S�T'E -i ,4:. n[ ,.IP• V... Juvencio Figueroa Mechanical /Startup Support ITT Gould's Pumps, VPO Division Warranty Manager/ Fleld Service Coordinator. Coordinated field service activities and warranty repairs with ITT Pro services. Performed teardown analysis and made recommendations for a timely repair, Worked with customers, contractors and field service representatives during installation, repairs, and commissioning of pumps. Analyze failures, initiated corrective and preventive action to prevent reoccurrences. ITT Gould's Pumps, VPO Division Quality Assurance Manager. Responsible for the administration of product acceptance, quality engineering, consumer affairs, evaluating and developing improved techniques for the control of quality. Determined specific quality goals, objectives and determined the effect of new quality requirements on all segments of company activities. Established procedures for maintaining high standards of product quality and reliability. Met with vendors, customers, quality representatives, and company personnel to discuss and resolve quality problems as required. Prepared for and represented the company during all ISO and related audits. Provided statistical support and methodologies for quality programs. ITT Gould's Pumps, VPO Division Senior Quality Engineer / OpEx Many9r. Responsibilities included leading customer corrective action teams. supporting site visits and audits, product development, qualifying vendors, and supporting lean manufacturing initiatives under the ISO system in project - based assembly/manufacturing environment. Establish Inspection and test plans in conformance with customer requirements. Performed source inspections, and witness testing. Assessed and improved inspection and test methods. P7v o O Z N b0 C N M1 a � L N u c � Y o !? Y u (� Y n 3 .n _ A � S Y O Y c, V Y P�J - n O d � N m Y � E in E d O Y U 0 y n - a = - C L — a U Y u u U m Y W C C - Y O N e c _ U 4 m a- U O Y j a - m c � v cr - 3 - Y Y cr E - m t m e_ m u Y N � O - C 0 _ U W y a c «� C u y N L - O � - a N a � L O - d CL °Y Q C9 W t9 L CL 2 3: O H In K 0 a U O V O Y A a Z W e U. N a a EXHIBIT C TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: Master Template: (No Design) Professional Services Agreement Approved: 12/1812023 2895843 I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its elected and appointed officials, officers, employees, agents, servants, and those City agents serving as independent contractors in the role of City officials, and volunteers and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees, agents and servants) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 '�4 �� CERTIFICATE OF LIABILITY INSURANCE RATE /12/20YYYY] 09/12/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services, Inc of Florida CONTACT NAME: Aon Risk Services, Inc of Florida PHONE FAX A/C No Ext), 833-538-2802 AIC No): 701 Brickell Avenue, Suite 3200 Miami, FL 33131 ADDRESS: ADPTS(g0Aon.eom INSURERS) AFFORDING COVERAGE NAIC # INSURER A : AIU Insurance Company 19399 INSURED ADP TotalSource DE IV, Inc INSURER B! INSURER C: 5800 Windward Parkway Alpharetta, GA 30005 UC/F INSURER D: Butier Engineering Inc 17822 17th St Ste 404 INSURER E INSURER F: Tustin, CA 92780 COVERAGES CERTIFICATE NUMBER: 5078103 REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED INSR LTR TYPE OF INSURANCE ADDL INSR SUER WVp POLICY NUMBER POLICY EFF MMIDD POLICY EXP MM/DD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE ElOCCUR DAMAGETO PREMISESSEa occurrence) $ MED EXP (Any Oneperson) S PERSONAL S ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER: POLICY El PROJECT ❑ LOC GENERAL AGGREGATE S PRODUCTS - COMP/OP AGG S $ OTHER AUTOMOBILE LIABILITY1 I LIMI Ea accidents $ BODILY INJURY Per arson S ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ NON -OWNED PROPERTY DAMAGE FHIRED AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIABOCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEC RETENTION S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC 063534314 CA 07/01/2025 07/01/2026 X PER OTH- STATUTE ER E L EACH ACCIDENT $ 2.000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A X E L DISEASE - EA EMPLOYEE $ 2,000,000 (Mandatory in NH) If yes, describe under E L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) All worksite employees working for BUTIER ENGINEERING INC, paid under ADP TOTALSOURCE, INC's payroll, are covered under the above stated policy See attached Certificate Holder Cancellation Notice WAIVER OF SUBROGATION IN FAVOR OF CITY OF SEAL BEACH, ITS ELECTED AND APPOINTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, SERVANTS, VOLUNTEERS AND THOSE CITY AGENTS SERVING AS INDEPENDENT CONTRACTORS IN THE ROLE OF CITY OFFICIALS AS RESPECTS OF JOB PERFORMED BY BUTIER ENGINEERING INC AS REQUIRED BY WRITTEN CONTRACT RE:LAMPSON WELL TREATMENT SYSTEM CERTIFICATE HOLDER CANCELLATION CITY OF SEAL BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 211 -9TH STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SEAL BEACH, CA 90740 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 04on 0RJAA $etvir�, Qnc o fd7otida ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE NUMBER: 5078103 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following" attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement. Effective on 07/01/2025 at 12:01 AM, forms a part of Policy No. WC 063534314 Issued to: ADP TotalSource DE IV, Inc. 5800 Windward Parkway Alpharetta, GA 30005 L/C/F Butier Engineering Inc 17822 17th St Ste 404 Tustin, CA 92780 Premium: N/A By: AIU Insurance Company We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be Additional Premium Percent% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization CITY OF SEAL BEACH , its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials 211 -8TH STREET SEAL BEACH, CA 90740 WC 04 03 06 (Ed. 4-84) Job Description RE: LAMPSON WELL TREATMENT SYSTEM Countersigned by Authorized Representative Certificate Number:5078103 POLICY HOLDER NOTICE CERTIFICATE HOLDER CANCELLATION NOTICE SCHEDULE Should this policy be cancelled before the expiration date hereof, the producer will endeavor to mail 30 days written notice to the certificate holder named herein, but failure to do so shall impose no obligation or liability of any kind upon the insurer, the producer, or the respective agents or representatives of each. SCHEDULE' CERTIFICATE HOLDERS AS IDENTIFIED ON THE MOST RECENT QUARTERLY SCHEDULE OF CERTIFICATE HOLDERS PROVIDED BY THE INSURED'S BROKER OF RECORD TO THE INSURER. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/ AE(MM/ 025 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd., Suite 230 Lafayette CA 94549 CONTACTHelenJan PHONE 626-696-1892 FAX No]: Des[ gnProCerts uredPartners.com INSURERS AFFORDING COVERAGE NAIC# MED EXP An one person), $ 10,000 INSURERA: Travelers Property Casualty Company of America 25674 L i ce Rsp#L§DQJZ4 INSURER B: The Travelers Indemnity Company of Connecticut 25682 INSURED BUTIENG-01 Butier Engineering, Inc. Tustin Financial Center INSURER C : Travelers Casualty and Surety Co of America 31194 INSURER D: 17822 E 17th St., Suite 404 Tustin CA 92780 INSURER E., hEN'L AGGREGATE LIMIT APPLIES PER: POLICY � PRO - POLICY EILOC INSURER F. COVERAGES CERTIFICATE NUMBER: 399103807 REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LAR TYPEOFINSURANCE ADDLSUBR MSD iffla POLICY NUMBER POLIICYEFF POLICYEXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE n OCCUR Y Y 6801R125463 6/25/2025 6/25/2026 EACH OCCURRENCE $1,000,000 A'I E7t5RENTED PRE MI ur $ 1,000,000 MED EXP An one person), $ 10,000 PERSONAL B ADV I $ 1 000 000 hEN'L AGGREGATE LIMIT APPLIES PER: POLICY � PRO - POLICY EILOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y Y BA8R660917 6/25/2025 6/25/2026COMBINED ISINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ 1 OWNED SCHEDULED AUTOS ONLY AUTOS LY INJURY Per accident ( ) BODILY $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L PROPERTY GE (Par $ $ A X UMBRELLA LIAB X OCCUR Y Y CUP1R139652 6/25/2025 6/25/2026 EACH OCCURRENCE $4,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $4,000,000 DED I X I RETENTION $ $ WORKERS COMPENSATION I PERTH - AND EMPLOYERS'LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTI VE OFFICERIMEMBER EXCLUDED? N / A AT TE STATUTE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ - — (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Professional Liability 107108511 6/25/2025 6/25/2026 $1,000,000 Per Claim $2,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Following policies are included in the underlying schedule of insurance for Umbrella/Excess Liability: General Liability/Auto Liability/Employer's Liabiiity/Emplayee Benefits Liability, RE: Lampson Well Treatment System — City of Seal Beach, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials are named as Additional Insured on General Liability and Auto Liability per policy forms, with respect to the operations of the Named Insured as required b written contract. General Liability is PrimaryllVDn-Contributory per policy form warding. Professional Liability Retroactive Date: 6/16/1976 %wG r1{IVtti, i C "V4 -LCR 4RN4tLLAI iuN 3U L)aV Notice OT l.:ancellatlon City of Seal Beach 211 - 8th Street Seal Beach CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTW4RIxJ=O T NTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BA8R660917 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE — INDEMNITY BASIS within the limit described in Para - The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to make such payments ends when we (5) Anywhere in the world, except any country or have used up the applicable limit of jurisdiction while any trade sanction, em- insurance in payments for damages, bargo, or similar regulation imposed by the settlements or defense expenses. United States of America applies to and pro- hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re - and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter - partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany): (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: The following is added to Paragraph A.4., Cover- S. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex - We will a u to $400 for "loss" to wearing a - tent required of you by a written contract pay P 9 P signed and executed prior to any "accident" parel and other personal property which is: or "loss", provided that the "accident" or "loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 1S © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 © 2015 The Travelers Indemnity Compa ny. All rights reserved . CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 6801R125463 POLICY NUMBER COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization (s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 CopyrigON% St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 CG T8 OX XX XX Includes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: 6801R125463 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products - completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products -completed opera- tions hazard". CG 20 37 07 04 06/25/2025 © ISO Properties, Inc., 2004 Page 1 of 1 CG T8 OX XX XX DATE OF ISSUE: Policy # 6801R125463 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also_ Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy wilt not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance d. Primary And Non -Contributory Insurance If laws or regulations. Required By Written Contract -->7. Separation Of Insureds If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the Gum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Namari Insured; and b. Separately to each insured against whom claim is made or "suit' is brought. S. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DE=FINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission Policy # 6601R125463 occupational therapist or occupational therapy assistant, physical therapist or speech-language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed e to 'W w one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. K. MEDICAL PAYMENTS — INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to Paragraph S. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION — PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the M knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. BLANKET WAIVER OF SUBROGATION — WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — occurs; or COMMERCIAL GENERAL LIABILITY CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission