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HomeMy WebLinkAboutWest Yost Associates Inc; 2026-01-26; PSA26-4003UTILPSA26-4003UTIL General Counsel Approved Version 10/23/2025 Page 1 AGREEMENT FOR WATER EMERGENCY RESPONSE PLAN UPDATE SERVICES WEST YOST ASSOCIATES, INC. THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day of ___________________, 2026, by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, California, (“CMWD”), and West Yost Associates, Inc., a California corporation (“Contractor”). RECITALS A. CMWD requires the professional services of a consultant that is experienced in water emergency response planning. B. Contractor has the necessary experience in providing professional services and advice related to water emergency response planning. C. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained in this Agreement, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (“Services”) that are defined in attached Exhibit “A”, which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective from the date first above written to December 31, 2026. The Executive Manager may amend the Agreement to extend it for zero (0) additional periods or parts of a year. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF CRITICAL IMPORTANCE Time is of critical importance for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed thirty-eight thousand eight hundred seventy-five dollars ($38,875). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If CMWD elects to extend the Agreement, the amount shall not exceed zero (0) per Agreement year. Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing by the parties. Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B 26th January PSA26-4003UTIL General Counsel Approved Version 10/23/2025 Page 2 CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit “A”. Incremental payments, if applicable, should be made as outlined in attached Exhibit “A”. 6. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize CMWD’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the City of Carlsbad City Engineer approves otherwise, Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, requests for information, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve Contractor of any other requirements as may be specified in this Agreement. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under the control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to this Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD’s election, CMWD may deduct the indemnification amount from any balance owing to Contractor. Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B PSA26-4003UTIL General Counsel Approved Version 10/23/2025 Page 3 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 9. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to defend (with counsel approved by CMWD), indemnify and hold harmless CMWD and the City of Carlsbad and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described in this Agreement caused by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under California Civil Code Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated in this Agreement, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorney’s fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under CMWD’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than “A-:VII”; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B PSA26-4003UTIL General Counsel Approved Version 10/23/2025 Page 4 11.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability (If the use of an automobile is involved for Contractor's work for CMWD). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 If Contractor maintains higher limits than the minimums shown above, CMWD requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to CMWD. 11.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B PSA26-4003UTIL General Counsel Approved Version 10/23/2025 Page 5 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD upon the payment for Contractor’s services. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD upon the payment for Contractor’s services to that point. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 16. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD For Contractor Name Stephanie Harrison Name Andrew Ohrt Title Utilities Manager Title Project Manager Department PW Utilities Address 2020 Research Park Drive, Suite 100 Carlsbad Municipal Water District Davis, CA 95618 Address 5950 El Camino Real Phone No. 952-303-9905 Carlsbad, CA 92008 Email aohrt@westyost.com Phone No. 442-339-2310 Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B PSA26-4003UTIL General Counsel Approved Version 10/23/2025 Page 6 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the CMWD Conflict of Interest Code. The Contractor shall report investments or interests as required in the CMWD Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 19. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 20. DISCRIMINATION, HARASSMENT, AND RETALIATION PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment and retaliation. 21. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B PSA26-4003UTIL General Counsel Approved Version 10/23/2025 Page 7 methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 22. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. CMWD may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to CMWD. In the event of termination of this Agreement by either party and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 23. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 24. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code Section 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B PSA26-4003UTIL General Counsel Approved Version 10/23/2025 Page 8 proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 25. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 26. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 27. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 28. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. 29. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. 30. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. [signatures on following page] Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B PSA26-4003UTIL General Counsel Approved Version 10/23/2025 Page 9 CONTRACTOR CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad WEST YOST ASSOCIATES, INC., a California corporation By: By: (sign here) AMANDA L. FLESSE, General Manager, as authorized by the Executive Manager Greg Chung, Vice President (print name/title) ATTEST: By: SHERRY FREISINGER, Secretary (sign here) By: Corie Moolenkamp, Secretary Assistant Secretary (print name/title) If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, General Counsel By: Assistant General Counsel Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B PSA26-4003UTIL General Counsel Approved Version 10/23/2025 Page 10 EXHIBIT A SCOPE OF SERVICES AND FEE Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B 2020 Research Park Drive Suite 100 Davis CA 95618 530.756.5905 phone 530.756.5991 fax westyost.com December 10, 2025 SENT VIA: EMAIL Stephanie Harrison Utilities Technical Services Manager City of Carlsbad Public Works – Utilities Department Email: Stephanie.Harrison@carlsbadca.gov SUBJECT: Emergency Response Planning Support Services Dear Stephanie: West Yost is pleased to submit this letter proposal to the City of Carlsbad (City) for Emergency Response Plan (ERP) Updates. We are grateful for the opportunity to continue to support the City to enhance resilience and emergency preparedness capabilities. BACKGROUND West Yost supported the City with development of an ERP in 2021. It is considered best practice to update ERPs periodically. West Yost uses the following industry guidance to augment professional judgment and inform the ERP updates in the areas of preparedness, response, and recovery capabilities and needs. These include: •AWWA G440-17 – Emergency Preparedness Practices (G440 Standard). •AWWA M19 – Emergency Planning for Water and Wastewater Utilities, 5th Edition. These American Water Works Association (AWWA) standards represent emergency preparedness best practices for the water sector. Following these standards demonstrates due diligence. These standards are regularly updated. If a more recent version is available, the project team will use it to support project delivery. SCOPE OF SERVICES The following sections summarize the scope of services to complete this project. Task 1. Project Management The objective of this task is to track work progress and expenditures using proactive communications, quality assurance, and quality control to maintain the project schedule and budget. Project Management activities include the following: •Initiation Meeting – West Yost will prepare for and coordinate a project initiation meeting. The project team will review the project approach, scope, and schedule, and finalize schedules for meetings and workshops. At this meeting, we will also: — Establish dates for the ERP workshop — Define the data requested for this project EXHIBIT ADocusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B Stephanie Harrison December 10, 2025 Page 2 - •Progress Meetings – Conference calls will be held as-needed to review project status, including work completed during the latest report period, work anticipated to be completed during the next reporting period, identified problems/issues that could affect project budget/expenditures and/or schedule, outstanding issues to be resolved, and action items. •Invoices – Monthly invoices and progress reports will be prepared. •Quality Control – In accordance with our internal quality assurance/quality control (QA/QC) policy, quality assurance and quality control will be performed for each of the project deliverables prior to final submission to the City. •Project Closeout Meeting – We will conduct final project closeout activities, including final document delivery and a final progress report. Task 1 Assumptions •The project initiation meeting will be held virtually and up to one hour in duration. •It is assumed the project duration will be four months. Task 1 Deliverables •Monthly status reports, monthly invoices, and project schedule updates. •An Initial Data Request. Task 2. Emergency Response Plan (ERP) Update West Yost will support the City with an update to their existing ERP. The prior ERP was completed using a robust template and will be updated based on current best practices and terminology. This approach is based on three main principles: •Standards-Based Planning – reinforces conformity with the standards and promotes ease of implementation of the ERP during an emergency situation. •Concept of Operations – guides development of the ERP, defines the overall approach to emergency situations including what should happen, when, and at whose direction. •Capability-Based Planning – guides development of the ERP to help the City build capacity to take a specific course of action. Capabilities-based planning answers the question, “Do I have the right mix of training, organizations, plans, people, leadership and management, equipment, and facilities to perform a required emergency function?” Workshop – Emergency Response Planning To support development of the ERP, West Yost will facilitate a workshop with City staff to explore how the City’s ERP supports real-world response operations. During the workshop, the project team will walk through several representative response scenarios to confirm that the procedures included are consistent with expected emergency operations. This workshop will emphasize the collection of institutional knowledge to capture within the ERP. Following the workshop, West Yost will submit the Draft ERP to the City for review. Upon receipt of comments and edits, West Yost will finalize the ERP. The City will be able to certify with the EPA that the ERP is complete upon receipt of the draft. EXHIBIT A Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B Stephanie Harrison December 10, 2025 Page 3 - Task 2 Assumptions •If not among West Yost project files, the City will provide an editable version of the current ERP. •If not among West Yost project files, the City will provide any additional emergency preparedness documents. This may include incident action plans, incident specific response plans, preparedness training materials, etc. •The workshop will be up to four hours in duration. •The budget assumes the ERP workshop will be held in-person. •City staff will be available to participate in the ERP workshop. •City will provide a location to hold the ERP workshop. Task 2 Deliverables •West Yost will prepare the draft and final ERP. •West Yost will prepare the meeting and workshop facilitation materials. SCHEDULE West Yost anticipates kicking off this project within two (2) weeks after receiving the notice to proceed. Task Months (2026) Ja n u a r y Fe b r u a r y Ma r c h Ap r i l Task 1. Project Management Task 2. Emergency Response Plan (ERP) Update PROJECT BUDGET West Yost’s proposed level of effort and budget for each of the tasks described above is shown in Table 1. West Yost will perform the scope of services described above on a time-and-expenses basis, at the billing rates shown in Appendix A, with a not-to-exceed budget of $38,875. Any additional services not included in this scope of services will be performed only after receiving written authorization and a corresponding budget augmentation. Table 1. Estimated Project Hours and Budget Task Level of Effort, hours Estimated Budget, dollars Task 1. Project Management 12 $4,105 Task 2. Emergency Response Plan (ERP) Update 126 $34,770 Total Project Hours and Budget 138 $38,875 EXHIBIT A Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B Stephanie Harrison December 10, 2025 Page 4 - Thank you for providing West Yost the opportunity to be of continued service to the City. We look forward to working with you on this important project. Please call or email me if you have any questions or require additional information. Sincerely, WEST YOST Andrew Ohrt, PE, CISSP Resilience Practice Area Lead Attachment A. West Yost 2026 Billing Rate Schedules EXHIBIT A Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B West Yost 2026 Billing Rate Schedule Attachment A EXHIBIT A Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B (Effective January 1, 2026, through December 31, 2026)* POSITIONS ENGINEERING Principal/Vice President $392 Engineer/Scientist/Geologist Manager I / II $370 /$387 Principal Engineer/Scientist/Geologist I / II $333 /$355 Senior Engineer/Scientist/Geologist I / II $297 /$312 Associate Engineer/Scientist/Geologist I / II $246 /$265 Engineer/Scientist/Geologist I / II / III $191 /$221 /$231 Engineering Aide $117 Field Monitoring Services $145 Administrative I / II / III / IV $107 /$133 /$160 /$176 ENGINEERING TECHNOLOGY Engineering Tech Manager I / II $384 /$387 Principal Tech Specialist I / II $353 /$365 Senior Tech Specialist I / II $320 /$334 Senior GIS Analyst $292 GIS Analyst $277 Technical Specialist I / II / III / IV $206 /$231 /$261 /$291 Technical Analyst I / II $148 /$176 Technical Analyst Intern $119 Cross-Connection Control Specialist I / II / III / IV $154 /$167 /$188 /$208 CAD Manager $233 CAD Designer I / II $181 /$204 CONSTRUCTION MANAGEMENT Senior Construction Manager $373 Construction Manager I / II / III / IV $222 /$237 /$251 /$318 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1)$200 /$222 /$247 /$256 Apprentice Inspector $181 CM Administrative I / II $96 /$130 Field Services $256 2026 Billing Rate Schedule LABOR CHARGES (DOLLARS PER HOUR) ■Hourly rates include charges for technology and communication, such as general and CAD computer software, telephone calls, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■Outside services, such as vendor reproductions, prints, and shipping; major West Yost reproduction efforts; as well as engineering supplies, etc., will be billed at the actual cost plus 15%. ■The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■Subconsultants will be billed at actual cost plus 10%. ■Expert witness services, research, technical review, analysis, preparation, and meetings will be billed at 150% of standard hourly rates. Expert witness testimony and depositions will be billed at 200% of standard hourly rates. * This schedule is updated annually Page 1 of 2 EXHIBIT A Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B (Effective January 1, 2026, through December 31, 2026)* Equipment Charges EQUIPMENT 2" Purge Pump & Control Box $300 /day Aquacalc / Pygmy or AA Flow Meter $28 /day Emergency SCADA System $35 /day Field Vehicles (Groundwater)$200 /day Gas Detector $80 /day Generator $60 /day Hydrant Pressure Gauge $10 /day Hydrant Pressure Recorder, Impulse (Transient)$55 /day Hydrant Pressure Recorder, Standard $40 /day Low Flow Pump Back Pack $135 /day Low Flow Pump Controller $200 /day Powers Water Level Meter $32 /day Precision Water Level Meter 300ft $30 /day Precision Water Level Meter 500ft $40 /day Precision Water Level Meter 700ft $45 /day QED Sample Pro Bladder Pump $65 /day Skydio 2+ Drone (2 hour minimum)$100 /hour Storage Tank $20 /day Sump Pump $24 /day Transducer Communications Cable $10 /day Transducer Components (per installation)$23 /day Trimble GPS – Geo 7x $220 /day Tube Length Counter $22 /day Turbidity Meter $30 /day Turbidity Meter (2100Q Portable)$35 /day Vehicle (Construction Management)$18.75 /hour Water Flow Probe Meter $20 /day Water Quality Meter $50 /day Water Quality Multimeter $185 /day Well Sounder $30 /day BILLING RATES 2026 Billing Rate Schedule * This schedule is updated annually Page 2 of 2 EXHIBIT A Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B Docusign Envelope ID: 053F6A95-4A9C-4E22-90E9-349EB58A0F1B