381
A-1
Kristopher A. Danielson, PE
Senior Engineer
Kristopher (Kris) Danielson, PE, is a Senior Engineer with WEBB’s Water Resources Department. Kris specializes in hydraulic analysis, sewer system master planning, and water master planning. His responsibilities include the planning and design of public works facilities, fluid system modeling, and report preparation.
REGISTRATIONS
Registered Civil Engineer C 79743 (CA)
EDUCATION
BS, Civil Engineering
Brigham Young University
AS, General Studies
Ricks College
CERTIFICATIONS
Sewer CAD Master Modeler
Water Distribution Modeling
AFFILIATIONS
American Society of Civil Engineers (ASCE)
Water Master Plan, Jurupa Community Services District - WEBB recently prepared the Water Master Plan for the Jurupa Community Services District (District).
This project is an update of the 2005 Water Master Plan with the goal to provide a comprehensive Water Master Plan that enables the District to strategize planning and budgeting efforts to implement water system enhancements to maintain a high level of distribution reliability and efficiency for current and future demands and emergency situations. Experience in Water Master planning is highly desirable to secure District’s long-term and sustainable water supply and infrastructure.
Water Master Plan, Rubidoux Community Services District (District) - Kris assisted in the preparation of a comprehensive update of the District’s Water Master Plan which included the updating of the sewer master plan and preparing the urban water master plan, all on consistent data and land use assumptions.
The District’s service area is approximately 5,400 acres and services approximately 37,000 people.
Water Master Plan, Crestline Lake Arrowhead Water Agency (Agency)- Kris assisted with the preparation of the 2018 Water Master Plan for the District.
The Master Plan update included the inventory of existing facilities, service area evaluation, design criteria, model development, hydraulic analysis, alternative assessment, capital improvement plan, routine maintenance plan, and the master plan report. WEBB also worked the Agency to develop a GIS model and prepared a Routine Maintenance Plan which included recommendations for storage facilities, booster stations/pumping units, transmission pipelines, distribution pipelines, SCADA system, disinfection and treatment facilities.
Master Sewer Plan, Mission Springs Water District,
Desert Hot Springs - Kris assisted in the preparation of the Master Sewer Plan of over 32,000 acres (including the City of Desert Hot Springs and North Palm Springs).
He conducted the hydraulic analyses by modeling both the existing and ultimate system. The report analyzed population, environmental and engineering constraints, land utilization, exiting and protected water and wastewater characteristic, waste discharge and treatment requirements, projected wastewater flow criteria, facility design criteria, alternatives, existing facilities, and the proposed system.
Appendix A. Team Resumes
382
A-2
Fire Flow Test and Hydraulic Modeling Consultant Engineer, Eastern Municipal Water District (District) - Kris served as Project Manager leading the WEBB Team, who worked closely with the Development Service Department, to prepare over 140 fire flow tests which included two-hour, four-hour, and hydraulic boundary condition tests. Kris worked with developers providing hydraulic analysis at the District’s office where he worked with the District’s water model on behalf of the developers to expedite the analysis and review process. The average return time was 9.6 calendar days for these tests from the day the test request was sent to WEBB, to the time the results were returned to the District.
Riverside Regional Water Quality Control Plant Phase 1 Plant Expansion, City of Riverside - Kris was a Project Engineer for the Riverside Regional Water Quality Control Plant Phase 1 Plant Expansion Project. His responsibilities included the preparation of a CAD 3D model of all underground utilities, the development of CAD drawing for proposed utilities, conducting a recycled water hydraulic analysis, and coordinating design efforts with two other engineering firms in this joint effort plant expansion. Civil design for this $220 million wastewater plant expansion project. As a consulting partner to CDM Smith, WEBB was responsible for all aspects of the civil design including record research to establish horizontal and vertical control consistent with the District’s survey datum, aerial targeting and mapping, field topography mapping, existing utility identification and mapping, development of horizontal control drawings for existing and new facilities, development of grading plans for new improvements, development of yard piping drawings to connect existing and new facilities, development of demolition drawings to remove abandoned and unneeded facilities, and development of landscape plans. The Utility Master Plan (UMP) developed for this project served as a complete basemap for the proposed improvements as well as future design projects.
French Valley Specific Plan, Regent Properties - Kris served as Project Engineer for the water facility section of the plan of service report for the 340-acre, 1,300-home Bell Terre development project in French Valley in southern Riverside County. Kris worked in Eastern Municipal Water District’s (EMWD’s) Perris Headquarters, using the agency’s sophisticated hydraulic model to run alternative scenarios, prepare exhibits, and coordinate with EMWD’s operations and planning departments to identity system impacts and required improvements County Club Village Wastewater Capacity Study, City of Calimesa - Kris served as Project Manager for this project where the City of Beaumont (Beaumont) required the City of Calimesa (Calimesa) to prepare a sewer availability study for the Country Club Village (CCV) development project currently being planned within Calimesa’s boundaries. This area receives sewer service from Beaumont through contract arrangements. Sewage from this development will be delivered into Beaumont’s collection system and treated at Beaumont’s Wastewater Treatment Plant.
Lakeside Lift Station, Jurupa Community Services District (District) - Kris served as Senior Engineer for this project. The Lakeside Lift Station and force main was decommissioned by the District when the Indian Hills Wastewater Reclamation “Plant 2” was abandoned. The lift station has an existing 8-inch diameter overflow connection within its wet well structure. Currently, wastewater within the wet well surcharges and flows into this overflow connection which outlets into an existing 12-inch diameter gravity main on Limonite Avenue, also known as the “Plant 2 Overflow Line”. Because the wastewater must surcharge to flow into the Limonite Avenue line, there is an excessive build up of grease in the wet well that requires cleaning on a constant basis. The Kristopher A. Danielson, PE
Senior Engineer
383
A-3
REGISTRATIONS:
Registered Civil Engineer
C 47200 (CA)
YEARS OF EXPERIENCE:
34 Years
EDUCATION:
BS Civil Engineering, California State
Polytechnic University, Pomona
AFFILIATIONS:
American Public Works Association (APWA)
American Water Works Association (AWWA)
California Water Political Action Committee
(CalWater PAC)
Association of California Water Agencies
(ACWA)
Coachella Valley Economic Partnership
(CVEP)
League of California Cities
Bruce Davis is a Senior Vice President of Albert A. Webb Associates (WEBB).
Bruce has been a full-time employee of WEBB since 1986. Bruce currently serves as Director of Water Resources. As Director, he oversees all water and wastewater projects performed by the firm. Since 2018, Bruce has taken the lead representing WEBB in matters involving engineering standard of care and risk management.
Bruce is a registered civil engineer in the State of California.
Bruce has served as Principle-in-charge for well over one hundred regional infrastructure projects. His experience includes planning, design and support during construction of water, wastewater, drainage and transportation projects on behalf of clients including Eastern Municipal Water District, Coachella Valley Water District, Jurupa Community Services District, and cities of Corona, Murrieta, Rancho Mirage, Ontario, Grand Terrace, Rialto and Cathedral City. Project types include pipelines from 8-inch diameter up to 60-inch diameter, pumping ranging in size from one hundred gallons per minute to over 5,000 gallons per minute and storage facilities ranging in capacity from five hundred thousand gallons to over twenty million gallons, roadways, signals, storm drains and basins. Recent water industry projects include O’Ferrelll Street Booster Pump Station, Redlands/Hemlock Booster Pump Station, Longview and Watson Roads pipelines, Perris II Desalter pipeline and Markham
7.0-million-gallon storage tank.
Along with experience with regional infrastructure projects, Bruce has extensive knowledge and experience with survey, planning, entitlement, development (residential and commercial) and environmental services. His extensive experience translates to an understanding of all steps required to successfully complete a project efficiently and on schedule. Bruce has served as an expert witness in matters involving land use, entitlements and drainage.
Bruce is a member of and/or involved with American Public Works Association, American Water Works Association, Association of California Water Agencies and League of California Cities. He served several years as a Board member of CalWater PAC which is a political action committee advocating for issues important to California’s water supply. Bruce serves as an excellent resource for his clients on current issues and trends in our region.
Bruce Davis, PE
Senior Vice President
384
A-4
Heacock Channel Design Project, March Joint Powers Authority - Joseph served as the Project Manager for Phase 3 of the Heacock Channel Design Project for the March Joint Powers Authority. The project included the preparation of final improvement plans, traffic control plans, and a hydrology and hydraulic report for approximately 3,600-LF of the channel. The project extends from Lateral A of the Perris Valley Storm Drain north along Heacock Avenue to the southern end of an existing land fill. WEBB’s services also included project management and coordination throughout the duration of the project including attendance at project design team meetings, quality control services, and all other processing of improvement for necessary project approvals.
Hemet MDP Line C, Stage 4, County of Riverside Flood Control and Water Conservation District - Joseph was the Project Manager for the Hemet MDP Line C, Stage 4 Project. The extension of the Hemet MDP Line C was an important component to provide surface flooding relief and flood protection of a predominately developed portion of the City of Hemet. The extension of the Hemet MDP Line C was an important component to provide surface flooding relief and flood protection of a predominately developed portion of the City of Hemet. This segment of the Master Plan Facility represents the middle one third of the entire Line C System. The critical component of this project was implementing a master planned facility in a highly urbanized area of the City extremely constrained by multiple utilities. WEBB completed a Preliminary Design Report that outlined the most feasible alignment for this facility. WEBB is currently preparing final design plans and specifications for this backbone drainage facility.
Wildwood Creek Basin, City of Yucaipa(City) - Joseph served as the Project Manager for design of a multi-purpose watershed basin in Wildwood Creek in the City of Yucaipa.
WEBB provided engineering services that accommodated the critical needs of the City.
This project is located in the middle of a major watercourse. The watershed tributary Joseph Caldwell, PE, CPESC, CPSWQ, QSD,
QSP, CFM
Water Resources Practice Leader
Joseph Caldwell, PE, is the Practice Leader of WEBB’s Water Resources Department.
Joseph focuses on the development of master drainage plans, the design of backbone drainage infrastructure, and the design of water quality systems for flood control projects throughout the region. A Certified Professional in Erosion and Sediment Control and Storm Water Quality, Joseph is a specialist in water quality and environmental compliance and an expert in hydrology and hydraulics.
Joseph’s experience includes the design of regional flood control basins, a flood control levee, master drainage plans, and the design and construction of several miles of backbone drainage infrastructure. He has also hydrologically and hydraulically modeled the San Jacinto River from Railroad Canyon to the existing Army Corps levee in the City of San Jacinto. Joseph’s extensive knowledge of local agencies’ design standards and procedures, and effective working relationships with agency staff, enable him to expedite projects through completion.
REGISTRATIONS
Registered Civil Engineer C 67239 (CA)
Registered Civil Engineer C 030017 (NV)
Registered Civil Engineer C 76114 (AZ)
Certified Professional in Erosion and
Sediment Control (CPESC) 5311
Certified Professional in Stormwater
Quality (CPSWQ) 544
EDUCATION
MS, Civil Engineering
Brigham Young University
BS, Civil Engineering
Brigham Young University
CERTIFICATIONS
Qualified SWPPP Developer
(QSD) 00076
Qualified SWPPP Practitioner
(QSP) 00076
Association of State Floodplain Manager,
Inc. (ASFPM)
Certified Floodplain Manager (CFM)
AFFILIATIONS
American Society of Civil Engineers (ASCE)
American Public Works Association (APWA)
California Storm Water Quality Association
(CASQA)
Floodplain Management Association (FMA)
385
A-5
to the project is over 4,000 acres and the creek is designated on the Flood Insurance Rate Map by FEMA. The City’s goal was to reduce the peak flow utilizing a series of detention basins that in turn will reduce peak flow rates downstream and reduce the burden on those downstream facilities. This reduction in peak flow rates was accomplished through the removal of sediment/debris load and the attenuation of peak flooding through the use of the proposed basins. In addition to providing flood control benefits, this project also provided certain environmental and water quality benefits. To do this, the flood control facilities were developed in such a manner so the construction preserves riparian vegetation, where possible, and implements other measures for environmental and water quality impacts. In order to accomplish this, WEBB reviewed the conceptual design and provided a more precise analysis of the level of flood control protection the basins will provide.
WEBB also prepared detailed hydrologic, hydraulic, and sediment transport models to determine the peak runoff rates, flood volume, and debris load.
North Indio Regional Flood Control Channel Project, Coachella Valley Water District (CVWD) - Joseph is the Technical Lead for the North Indio Regional Flood Control Channel Project which is a key component of the CVWD flood protection mission in the Coachella Valley. The project will complete the link between existing flood control facilities in the north Indio area, providing increased flood protection for the region. The project consists of over three miles of concrete lined trapezoidal and rectangular channels, including numerous culvert crossings of existing and future streets. To date, WEBB has prepared the hydraulic analysis, preliminary design, and environmental documentation for the project. WEBB is currently in the process of preparing the final design plans, specifications, and estimates. WEBB is also responsible for preparing the CLOMR and providing public outreach and right-of-way acquisition services.
University Wash Channel, Riverside County Flood Control & Water Conservation District - Joseph was Technical Lead for the University Wash Storm Drain Project including the planning, analysis, and design of a large diameter master plan storm drain that connects existing upstream and downstream facilities together. This project was unique in that the 2,450-LF, 90-inch RCP required for this project had to be designed to maneuver its way through a developed industrial corridor of the City. Key to this project was the coordination with local businesses to ensure construction of the storm drain minimized impacts to business operations.
San Jacinto River Stage 3 Master Drainage Plan, Riverside County Flood Control & Water Conservation District (District) - Joseph served as Project Manager for the WEBB Team responsible for reviewing the current hydrological model, analyzing potential alternative models, and working with the District to decide the best option based for the current Master Drainage Plan. This project consisted of preparation of conceptual drawings for the Master Plan addressing all key elements such as floodplain management, flood control features, environmental preservation, development opportunities, effects on regional infrastructure, right-of-way requirements, and order of magnitude cost. WEBB worked directly with the District to prepare the planning study, coordinated with all stakeholders, and presented all findings to the Advisory Board with recommendations for the next steps (i.e., MSHCP compliance, CEQA strategy, land development constraints, and floodplain management). WEBB is currently working on the final MDP and EIR for the District.
Bedford Wash Channel, Riverside County Flood Control and Water Conservation District - Joseph is the Project Manager for the Bedford Wash Channel upstream on the McMillan Property. Services provided included finalizing the 30% design, preparation of all necessary studies, and designs for the final construction drawings, preparation and processing of the Cooperative Agreement and Agency approvals as well as providing on-going coordination with the overall project team during the design of the overall project and with the environmental consultant to assist with obtaining any regulatory permits associated with the channel construction. WEBB provided three iterations of channel design from the point the project was secured, when it was a completely lined concrete channel. Through WEBB’s recommendation, the project stakeholders strategically selected to move toward transitioning the channel to a soft bottom.
Joseph Caldwell, PE, CPESC, CPSWQ, QSD, QSP, CFM
Water Resources Practice Leader
386
A-6
Bradley A. Sackett, PE
Senior Engineer
Brad Sackett, PE, is a Senior Engineer and Project Manager with WEBB’s Water Resources Department. Brad specializes in assisting major public agencies with a wide variety of water resource projects. Clients seek his expertise with pumping facilities, water pipeline design, gravity sewer main design, water and sewer system master plans, hydraulic modeling analysis, and sewer resource plans for Specific Plan Environmental Impact Reports (EIRs), among other projects.
Brad has been instrumental in assisting clients with in-house projects, while representing these agencies with their constituents as an on-site consultant. Throughout Brad’s career he has been intricately involved in the design, management, and construction support of projects for such clients as Eastern Municipal Water District (EMWD), Western Municipal Water District (WMWD), and the cities of Riverside and St. Helena, to name a few.
His detailed approach ensures each project integrates flawlessly into master plan requirements from concept through construction. He specializes in operations takeover and integration of systems with a focus on cost effective and efficient transitions.
REGISTRATIONS
Registered Civil Engineer C 65862 (CA)
EDUCATION
BS, Chemical Engineering
Massachusetts Institute of Technology
AFFILIATIONS
American Water Works Association (AWWA)
Water Master Plan, Rubidoux Community Services District (District) - Brad assisted in the preparation of a comprehensive update of the District’s Water Master Plan which included the updating of the sewer master plan and preparing the urban water master plan, all on consistent data and land use assumptions. The District’s service area is approximately 5,400 acres and services approximately 37,000 people.
Lakeview/Nuevo Area Wide Master Plan, Eastern Municipal Water District (District) - The Master Plan area encompasses 16.7 square miles currently within the District’s existing 1698, 1720, and 1831 water pressure zones. The areas of these pressure zones will be expanded and/or modified to place the entire project area within three water pressure zones; 1720, 1831, and 1850. The proposed water, sewer, and recycled water facilities conceive approximately 179,200-FT (33.9 miles) of water transmission pipelines, approximately 111,900-FT (21.2 miles) of sewer collection and interceptor pipelines, and 99,100-FT (18.8 miles) of recycled water pipelines.
These service facilities also include the installation of five new and the relocation of two existing water booster stations, installation of four new sewer lift stations, and the construction of six above‑ground water storage tanks (reservoirs) at five locations.
387
A-7
Bradley A. Sackett, PE
Senior Engineer
Master Plan Updates, Western Municipal Water District (District) - Brad served as Project Manager for the District’s project. This project for included updates to the North and South AFC Master Plan, the Sewer Master Plan, MARB Water Master Plan, the Recycled Water Master Plan, the Murrieta Water Master Plan, and development of the Murrieta Sewer Master Plan. All plans were brought current by verifying the current land use, EDU’s and demands, updating facilities to be constructed and associated cost estimates, and preparing a CEQA document at the programmatic level allowing the District to consider adoption of the master plan by the Board of Directors. The master plans and associated CEQA document was presented to the Board for consideration.
Water Supply Evaluation, Western Municipal Water District (District) - Brad served as Project Manager for the District’s project. In 2016, WEBB provided engineering services to evaluate available water export amounts from Riverside Highland Water Company’s (RHWC) rights that might be transferable to the District in the future. The study results are used as the basis of a lease agreement between the two agencies. The study includes (1) Verify RHWC’s annual water rights within the San Bernardino Basin Area and allowable delivery limits outside of San Bernardino County (2) Determine RHWC’s existing water demands, (3) Determine RHWC’s future demands, in five year increments, out to ultimate build-out, and (4) Identify surplus water rights available for transfer from RHWC to the District at five year increments through build-out.
South Regional Lift Station Analysis, Western Riverside County Regional Wastewater Authority - Brad served as the Project Manager for this project. WEBB obtained as-built plans, pump information, current operating conditions, and ultimate flow projections from each agency. Based on the hydraulic analysis of the systems, WEBB determined the existing system maximum capacity and compared against ultimate daily and instantaneous flow projections. Since there is essentially no storage capacity in the South Regional Lift Station and conveyance system, all wet weather and peak flows must be pumped to the treatment plant to avoid sewer spills or discharges to the IEBL emergency connection. Flow projections included both dry weather and wet weather maximum flows based on estimates of peaking factors for both situations. Improvements were identified to meet the ultimate flow projects.
Baxter Road and Clearview Street Lift Stations, Eastern Municipal Water District - Brad served as Senior Engineer for this project. Two lift stations were partially constructed during the mid-2000’s but were never completed when the housing market collapsed. With the recovery of the housing market and a revised development proposal, WEBB analyzed the proposed development plan based on revised tributary areas, determined the ultimate station capacity, inspected the existing facilities for current condition and salvageable facilities, re-designed and specified all required improvements and installation for both the renovated Baxter Road Lift Station, Clearview Street Lift Station, and the abandonment of the Menifee Court Lift Station. 388
A-8
Elizabeth Xiong, PE
Associate Engineer
As an Associate Engineer in WEBB’s Water Resources Department, Elizabeth has successfully assisted in project designs ranging from the preliminary stages of a project through the construction phase. Elizabeth has worked on public works projects involving wastewater and water systems, water reclamation, and water and wastewater treatment. Her experience also includes projects involving water distribution and sewer collection systems for tract development, and flood control and water resources. Her responsibilities have included water and sewer pipeline alignment design, hydraulic analysis, pipe thickness design, sewer lift station design, deep well design, utility coordination, local agency permitting, construction document review, and coordinating with outside consultants.
REGISTRATIONS
Registered Civil Engineer C 94706 (CA)
EDUCATION
BS, Environmental Engineering, University
of California, San Diego
MS, Environmental Engineering and
Water Resource Engineering, University of
California, Los Angeles
Chandler Drachslin, EIT
Assistant Engineer
EDUCATION
BS, Civil Engineering
Colorado State University
As an Assistant Engineer in the Water Resources Department at WEBB, Chandler works on public works projects consisting of major pumping plants, groundwater pumping wells, sewer collection system design, wet well rehabilitation, water distribution system design, wastewater treatment plant design, and hydraulic system modeling using various computer models. Chandler provides support for several projects for public works agency clients including the Eastern Municipal Water District, City of Ontario, City of Riverside, Jurupa Community Services District, and Crestline-Lake Arrowhead Water Agency. In addition, Chandler is WEBB’s GIS expert providing support to all in-house services.
Tri-Palms Country Club Water Main Replacement, Coachella Valley Water District (District) - Elizabeth served as Project Engineer on the WEBB Team providing engineering design services for the Tri-Palms Country Club (TPCC) Water Main Replacement – Phase 1 Project. The project replaced approximately 3,500 LF of aged and undersized asbestos cement domestic water pipelines (ACP) and all appurtenances. The project also relocated the services connections from the back of lot to the front of property in the Phase 1 area within the master-planned community of TPCC, located in the County of Riverside.
North Shore Water Main Replacement, Coachella Valley Water District (District) - Elizabeth served as Project Engineer and the WEBB Team provided engineering design services for the District’s North Shore Water Main replacement project. The project consisted of approximately 10,500 LF of a 12-inch diameter ductile iron pipe (DIP) domestic water transmission main including appurtenances in Bay Drive, Vander Veer Road, 70th Avenue, apportion of Lookout Drive and Sea View Way in the unincorporated territory of Riverside County known as North Shore.
389
A-9
Darin Hawkes, PE | Principal
Project Experience
Phone: 801.683.3727 | Email: [email protected]
Mr. Hawkes’ has a vast amount of experience in various civil engineering disciplines. He specializes in difficult projects that often have space, access and/or extreme time constraints. He has developed a reputation for being able to view a problem from multiple angles to develop a solution that works for his client. His experience ranges from pumping system design, concrete storage tanks and open reservoir design, to large concrete water storage facilities and high elevation snowmaking reservoirs and dams.
Many of his projects are provided as turn-key solutions for his clients with his direct involvement from conceptual design through contract administration and project close-out. As part of the AQUA team, he has lead and assisted in numerous design projects, the completion of several System Capacity Analyses, Municipal Capital Facility Plans and large-scale Master Plans for both culinary water and wastewater.
Master Plans, Capital Facility Plans, Planning Documents Town of Bennett, CO | Custer Bypass Sewer Alignment Study Principal-in-Charge, Senior Principal Engineer
AQUA assisted the Town of Bennett in identifying the preferred alternative alignment for a new sanitary sewer force main. The Town’s sewer collection system was limited in capacity due to a handful of hydraulic “bottlenecks” in the existing collection system.
AQUA evaluated five (5) different alternatives to add conveyance capacity to the collection system. The alternatives consisted of gravity, pressurized force main, and a combination of both. The project involved hydraulic modeling, master planning, capital facilities planning and cost estimation.
Northpoint Development | Lakeview Business Park Water & Sewer Master Plan
Principal-in-Charge, Senior Principal Engineer
AQUA developed a sanitary sewer system hydraulic model and subsequent capital facilities plan as part of the overall master planning process related to the development of the Lakeview Business Park, a 15M+ square foot commercial, industrial and warehousing development located in Grantsville, UT. The project involved mapping, sewer modeling, master planning, capital facilities planning and cost estimation.
Town of Bennett, CO | Capital Asset Inventory Assessment & Master Plan Senior Principal Engineer
In conjunction with several engineering and planning firms, AQUA Engineering developed the water and sewer portions of the Town of Bennett Capital Asset Inventory Assessment and Master Plan. This involved the development of potable water and sanitary sewer hydraulic models for the entire Town. AQUA evaluated the existing systems against planned developments and proposed capital improvements necessary to meet the increased demands of a growing municipality.
Grantsville, UT | On-Call Sewer Modeling
Principal-in-Charge, Senior Principal Engineer
AQUA provides on-call hydraulic modeling services to the City of Grantsville to assist with development review and master planning updates.
Grantsville, UT | Sanitary Sewer Masterplan
Principal-in-Charge, Senior Principal Engineer
AQUA developed a sanitary sewer system hydraulic model and subsequent capital facilities plan as part of the overall master planning process for the city of Grantsville, UT. The project involved mapping, sewer modeling, master planning, capital facilities planning and cost estimation.
INNOVATIVE ENGINEERING SOLUTIONS
aquaeng.com
Education
Registration
Work Experience
Affiliations
Expertise
BS Civil Engineering,
University of Utah, 2003
Professional Engineer (Structural):
Utah
ASCE
• Hydro and Civil Structural Design
(Storage Tanks, Retaining Walls,
Platforms, etc.)
• Pumping System Design
• Industrial Facility Expansion, Remodel
and Retrofit
• Hydraulic & Hydrologic
• Computer Modeling
• Facility Plans & Master Plans
• Water Resources Treatment
19 Years
390
A-10
Hyrum, UT | Sanitary Sewer Masterplan
Principal-in-Charge, Senior Principal Engineer
AQUA developed a sanitary sewer system hydraulic model and subsequent capital facilities plan as part of the overall master planning process for the city of Grantsville, UT. The project involved mapping, sewer modeling, master planning, capital facilities planning and cost estimation.
Mayflower Mountain Resort Water Master Planning & Design Principal-in-Charge, Senior Principal Engineer
Engineering Analysis, Hydraulic Modeling, Water Master Planning, Water Storage Tanks, Pump Stations, Flow Control Facilities, PRVs, Utility Design, Project Management
Driggs Idaho Water System Facility Plan
Project Engineer
CAD software water modeling, Planning and system characterization CAD Water Model Design, Entire system Master Plan. Overseen CAD modeling and report creation and submission.
Western Zirconium Chemical Milling Facility Site Feasibility Study Senior Principal Engineer
Sage Glen Well Preliminary Engineering Report
Project Engineer
Develop PER as required per Utah Division of Drinking Water Requirements Rural & sensitive site, New well for upscale development. Completed Well Head Protection Area (WHPA) Analysis and CAD Model. Generated a detailed PER report.
Pole Canyon Wet Utilities Master Plan
Project Engineer
Planning, Survey coordination, CAD Utility Modelling, Cost analysis Large system master plan for 900+ unit annexation property including, potable water source, storage, & distribution and storm drain utilities.
Overseen CAD modeling; project cost estimating and funding analysis; and oversee report creation and submission.
West Wendover Nevada Culinary Water and Wastewater System Master Plan
INNOVATIVE ENGINEERING SOLUTIONS
aquaeng.com
Project Experience (continued)
Darin Hawkes, PE | Principal
391
A-11
Project Experience
Phone: 801.683.3733 | Email: [email protected]
Mr. Graue is an intensely ambitious Professional Engineer and Project Manager backed by over a decade of experience in the Water and Energy sectors with a proven track record of successful project delivery and program implementation. Nick’s deep passion for natural resource conservation has steered him to managing engineering projects where technology can be leveraged to achieve a more sustainable infrastructure. Nick’s work experience involves the entire life cycle of engineering projects from capital planning, feasibility analyses and engineering design to contract administration, construction management, facility commissioning and operations consulting.
Mayflower Mountain Resort Water Master Planning & Design, Engineering Analysis, Hydraulic Modeling, Water Master Planning, Water Storage Tanks, Pump Stations, Flow Control Facilities, PRVs, Utility Design, Project Management Northpoint Development | Lakeview Business Park Water & Sewer Master Plan Engineering Analysis, Hydraulic Modeling, Utility Master Planning, Design, Project Management Town of Bennett, CO | Custer Bypass Sewer Alignment Study Engineering Analysis, Hydraulic Modeling, Utility Design, Project Management Boulder County, CO San Souci Water Treatment Plant
Surface Water Treatment, Facility Planning, Design, Permitting, Project Management West Wendover Water GIS Mapping Update
GIS Master Planning, Database Design
Spring Valley Metro District #1, CO Arapahoe Well #2
Groundwater Development, Hydraulic Analysis, Design, Project Management Snowbird Resort Mid-Gad Lodge Spring Collection & Disinfection Project, 2020 Groundwater, Site Utilities, Mechanical Design, Project Management Salt Lake County Service Area 3 Chickadee Ski-Run Water & Sewer Realignment Project
Utilities, Water Distribution, Wastewater Collection, Construction Management Oakley City, UT Cottonwood Springs Improvements
Groundwater, Mechanical Design, Project Management
Aspen Acres Association Spring Improvements,
Groundwater, Mechanical Design, Instrumentation & Controls, Project Management, Construction Management
Mountain Regional Water, Glenwild Booster Station Upgrades Hydraulic Analysis, Mechanical Design, Site Utilities, Permitting Mountain Regional Water, Hidden Creek PRV & Booster,
Construction Management
Metro Water District of Salt Lake and Sandy Telemetry Radio System Improvements Telemetry System Planning & Design
Town of Alta, UT Bay City Mine Pump Improvements
Hydraulic Analysis, Mechanical Design, Permitting
Education
Registration
Work Experience
Affiliations
Certifications
Expertise
BS Civil Engineering
University of Utah, 2013
Professional Engineer:
UT, CO, NV, ID, OR, WA
AWWA
AWWA/Energy Management Committee
Envision Sustainability Professional
(ENV SP), Institute for Sustainable
Infrastructure
• Project Management
• Water System Master Planning
• Hydraulic Modeling
• Pumping System Design
• Intelligent Water Systems
• SCADA & Instrumentation
• Water Conveyance & Transmission
• Asset Management
• Site Utilities
• Water Distribution
• Water Storage Facilities
12 Years
INNOVATIVE ENGINEERING SOLUTIONS
aquaeng.com
Nicholas Graue, PE | Senior Project Engineer
392
B-1
Appendix B. Addendum Acknowledgment
4 Association M32 manual. Further detail and specific model capabilities will be developed between the Consultant and City once the contract has been awarded. Following calibration and validation of the hydraulic model, one day of training, or more as needed, will be administered to City staff so that sufficient understanding of model parameters, assumptions, outputs, etc. is achieved.
Deliverables: One full InfoWater license, fully updated and calibrated InfoWater model, eight hours or more of training for City staff on modifying and using the InfoWater model.
Task 6 – Water Distribution System Analysis
Consultant, working City staff and the City’s Project Manager, will develop a series of system performance criteria to analyze existing and future water system infrastructure using the InfoWater model.
Specific scenarios of analysis will be defined during the scoping exercise (assume up to 8 modelling scenarios).
Task 7 – Water System Graphics
The Consultant shall provide pdf maps of the existing water distribution system, distribution system at build-out, and a pressure zone map. These will be used by the City in developing a new Domestic Water Master Plan as report graphics. Assume a total of five maps.
Task 8 – Ongoing Modeling Support
Consultant shall include in their budget proposal a total of 40 hours to be used for on-going modeling support. This support may include, but be limited to, assisting with software updates, running simulations to determine impacts of new developments, training, and other support as needed.
ATTACHMENTS:
1) CITY Sample Agreement for Professional Services
2) 2008 Domestic Water Master Plan
____________________________________
Saba Engineer, P.E., City Engineer
Receipt acknowledged and conditions agreed to this _______ day of ___________2023.
Bidder: _________________________________________________ By: ____________________________________________________ Albert A. Webb Associates
28 February
Bruce Davis, PE, Senior Vice President
393
EXHIBIT “C”
CONTRACTOR QUOTE
394
1 www.webbassociates.com
March 23, 2023
City of Adelanto
Attn: Saba Engineer, PE
11600 Air Expressway
Adelanto, CA 92301
RE: Request for Proposals for City of Adelanto Water Model Dear Mr. Engineer:
Albert A. Webb Associates (WEBB) is committed to providing the highest quality service to the City of Adelanto’s (City) Water Master Plan Project. After preparing a detailed scope of work for this project, we have included all the necessary items required to successfully complete it and believe our experience will generate an efficient processing of the project deliverables. WEBB does not anticipate using subscontractors for this project.
We have enclosed the following items for the City’s review:
Hourly Rate Schedule
Total Fees Including Reimbursable Expenses
If you have any questions regarding our proposal or fee, please contact me directly at 951.686.1070, or by email at [email protected].
Sincerely,
Bruce A. Davis, PE
Senior Vice President
[email protected]
Corporate Headquarters
3788 McCray Street
Riverside, CA 92506
T: 951.686.1070
Murrieta Office
41870 Kalmia Street #160
Murrieta, CA 92562
T: 951.686.1070
395
2 Fee Schedule
SCH 2022 (06/01/2022)
CLASSIFICATION
Engineers/Project Managers/Planners/Scientists/ Rates
Assessment/Special Tax Consultants/Landscape Architects/Designers $/Hour Principal II.............................................................................................................................. 302.00 Principal I .............................................................................................................................. 287.00 Senior III ............................................................................................................................... 272.00 Senior II ................................................................................................................................ 259.00 Senior I ............................................................................................................................... 250.00 Associate III .......................................................................................................................... 233.00 Associate II ........................................................................................................................... 220.00 Associate I ............................................................................................................................ 210.00 Assistant V ........................................................................................................................... 189.00 Assistant IV .......................................................................................................................... 170.00 Assistant III ........................................................................................................................... 157.00 Assistant II ............................................................................................................................ 142.00 Assistant I ............................................................................................................................. 125.00 Survey Services
2-Person Survey Party .......................................................................................................... 314.00 1-Person Survey Party ......................................................................................................... 221.00 Inspection Services
Construction Manager II ....................................................................................................... 274.00 Construction Manager I ........................................................................................................ 192.00 Inspector (Non-Prevailing Wage) ......................................................................................... 141.00 Inspector Overtime (Non-Prevailing Wage) .......................................................................... 190.00 Inspector (Prevailing Wage) ................................................................................................. 152.00 Inspector Overtime (Prevailing Wage).................................................................................. 200.00 Administrative Services
Project Coordinator .............................................................................................................. 135.00 Administrative Assistant III ................................................................................................... 115.00 Administrative Assistant II .................................................................................................... 102.00 Administrative Assistant I ..................................................................................................... 81.00 Other Direct Expenses
Incidental Charges ............................................................................................................... Cost + 15% Postage ................................................................................................................................ Cost Subcontracted Services ....................................................................................................... Cost + 15% Special Consultant………………………………………………………………………………… 385.00 Survey/Inspection Per Diem.................................................................................................. Prevailing Wage Rate In-House Delivery Up to 1/2 hour.......................................................................................... 34.00 In-House Delivery 1/2 Hour up to 1 Hour.............................................................................. 67.00 In-House Delivery Over 1 Hour up to 2 Hours ...................................................................... 124.00 In-House Delivery Over 2 Hours ........................................................................................... 178.00 Survey/Inspection Vehicle .................................................................................................... 0.81/Mile Mileage ................................................................................................................................. 0.72/Mile Note: All rates are subject to change based on annual inflation and cost of living adjustments. Prevailing wages are dictated by the California Department of Industrial Relations (DIR). As such, the indicated rate will remain in effect until revised rates are published by the DIR. The rate shown shall be subject to renegotiation to remain in compliance with State requirements if prevailing wages are increased by the DIR. * A FINANCE CHARGE of 1 ½ % per month (18% per year) will be added to any unpaid amount commencing thirty (30) days from invoice date. A mechanic’s lien may be filed for any invoice remaining unpaid after thirty (30) days from invoice date. 396
3 Item Description
Bruce DavisPrincipal II Kristopher DanielsonSenior III Chandler DrachslinAssistant V Elizabeth XiongAssociate II Lexi HinkleyProject Coordinator Joseph CaldwellPrincipal II Total Hours
Subtotal - Labor
Sub-consultant budget
Expenses
Total/task1
Billout Rate $ 302 $ 272 $ 189 $ 220 $ 135 $ 302
Task 1 - Project Management 3 24 1 26 54 $ 11,133 $ - $ - $ 11,133
1.1 Kick-off Meeting 1 2 1 1 5 $ 1,170 $ - $ 1,170
1.2 Work Plan and Schedule 4 2 6 $ 1,358 $ - $ 1,358
1.3 Monthly Coordination Meetings 5 8 13 $ 2,440 $ - $ - $ 2,440
1.4 Periodic Project Updates 6 4 10 $ 2,172 $ - $ - $ 2,172
1.5 QA/QC Program 1 2 6 9 $ 1,656 $ - $ - $ 1,656
1.6 Project Management 1 5 5 11 $ 2,337 $ - $ 2,337
Task 2 - Review Existing Data 18 22 6 46 $ 10,374 $ - $ 100 $ 10,474
2.1 Review GIS Data 2 4 6 $ 1,300 $ - $ 1,300
2.2 Review water master plan and UWMP 4 2 2 8 $ 1,906 $ - $ - $ 1,906
2.3 Review Water System Plans & Data 4 8 4 16 $ 3,480 $ - $ - $ 3,480
2.4 Site Visit and Field Walk 8 8 16 $ 3,688 $ - $ 100 $ 3,788 35 72 48 10 165 $ 35,038 $ - $ - $ 35,038
3.1 Catalog ex. water 12-in and larger 1 8 2 11 $ 2,302 $ - $ 2,302
3.2 Review GIS Data and as-builts 4 30 16 50 $ 10,278 $ - $ 10,278
3.3 Data Conversion to ESRI Format 4 30 16 50 $ 10,278 $ - $ 10,278
3.4 Data Conversion to INFOWATER 2 4 8 14 $ 3,060 $ - $ 3,060
3.5 Training Program 24 8 8 40 $ 9,120 $ - $ 9,120
12 10 4 26 $ 6,034 $ - $ - $ 6,034
4.1 Review Demands 4 2 6 $ 1,466 $ - $ 1,466
4.2 Compare Land Use and Demand Factors 4 8 12 $ 2,600 $ - $ 2,600
4.3 Identify Water Supplies 4 4 8 $ 1,968 $ - $ 1,968
13 8 36 2 59 $ 13,238 $ - $ 10,000 $ 23,238
5.1 Update Model Pipes and Facilities 2 4 12 18 $ 3,940 $ - $ 3,940
5.2 Update Demands 2 4 8 14 $ 3,060 $ - $ 3,060
5.3 Calibrate Model 8 16 24 $ 5,696 $ - $ 5,696
5.4 INFOWATER License - 1 year 1 2 3 $ 542 $ - $ 10,000 $ 10,542 Task 6 - Water Distribution System Analysis 16 32 48 $ 11,392 $ - $ 50 $ 11,442
6.1 Run Scenarios (8) 8 16 24 $ 5,696 $ - $ 5,696
6.2 Document Results 8 16 24 $ 5,696 $ - $ 25 $ 5,721
Task 7 - Water System Graphics 3 15 18 $ 3,651 $ - $ - $ 3,651
7.1 Prepare Exhibits (5) 3 15 18 $ 3,651 $ - $ 3,651
Task 8 - On-Going Modeling Support 4 8 28 40 $ 8,760 $ - $ - $ 8,760
8.1 Modeling Effort 4 8 28 40 $ 8,760 $ - $ 8,760
Total 3 125 136 154 38 456 $ 99,620 $ - $ 10,150 $ 109,770 Water Model for
City of Adelanto
Task 3 - Update Existing Backbone Water
System GIS Map
Task 5 - Update and Calibrate Water System
Hydraulic Model
Task 4 - Review Water Demand Estimates and
Forecast
1. Rounded to the nearest $1.
G:\Proposals\FORMAL PROPOSALS\City of Adelanto\015852 - Water and Sewer Models\Manhour Estimate 015852 3/23/202312:09 PM 397
CITY COUNCIL AGENDA REPORT
DATE: May 10, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer
SUBJECT: APPROVE CONSTRUCTION CONTRACT AWARD TO HIGH DESERT UNDERGROUNDING INC.
FOR EMERGENCY WORK AT AUBURN AVENUE
STAFF RECOMMENDATION:
APPROVE CONSTRUCTION CONTRACT AWARD TO HIGH DESERT UNDERGROUNDING INC. FOR EMERGENCY WORK AT AUBURN AVENUE.
BACKGROUND:
On February 8, 2023 the City Council awarded a construction contract to Miller Equipment Company, Inc. in the amount of $1,095,410, to provide construction of Auburn Avenue & Jonathan Street Improvements project. During construction it was found that an existing waterline needs to realigned to fulfill construction requirements recommended by Greenbook. Due to emergency need of the work, three quotes were obtained as follows:
Contractor Amount
High Desert Underground, Inc. $105,308.98
Kelley’s Underground Construction, Inc. $112,300.00
Miller Equipment Company, Inc. $202,600.00
Staff recommends award of construction contract to the lowest bidder, High Desert Underground, Inc. in the amount of $105,308.98 to provide emergency work at Auburn Avenue.
FISCAL IMPACT:
This project will be paid for from the Article 8 local transportation fund and will be budgeted at mid year. There will be no impact to the general fund.
ATTACHMENTS:
A-Contract.docx
B-HDU Proposal.pdf
C- Kelley Proposal.pdf
D-Miller Proposal.PDF
398
399
1 2022
CONTRACT SERVICES AGREEMENT
(Contractor: High Desert Underground, Inc.
(Nature of Engagement: Auburn Avenue Water Line.)
THIS CONTRACT SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ______10_____ day of _____May____________ 2023 by and between the CITY OF ADELANTO, a municipal corporation (hereinafter, “CITY”) and High Desert Underground, Inc. (hereinafter, “CONTRACTOR”). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably.
RECITALS
WHEREAS, CITY is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, CITY requires Water Line Realignment at Auburn Avenue; and WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
WHEREAS, the execution of this Agreement was approved by the Adelanto City Council at its Regular Meeting of May 10 ___, 2023.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:
Section 1. Scope of Work.
A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide the services and tasks described in that certain proposal of CONTRACTOR entitled Auburn 12 inches Realignment dated April 20, 2023 (hereinafter, the “CONTRACTOR PROPOSAL”) which is attached and incorporated hereto as Exhibit “A”. CONTRACTOR further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Work shall hereinafter be referred to generally by the capitalized term “Work.” B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY. 400
2 C. By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
CONTRACTOR warrants that CONTRACTOR has or will investigate any location where the Work is to be performed and is or will be fully acquainted with the conditions there existing, prior to undertaking any service or task requested by CITY in the manner described under Section 3, below. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed except at CONTRACTOR’s risk until written instructions are received from the City Representative as defined herein.
D. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement.
Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR’s cessation or abandonment.
Section 2. [Reserved – No Text]
Section 3. Prosecution of Work.
A. Time is of the essence of this Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of CITY’s issuance of a written notice to proceed (“Notice to Proceed”). The Work shall be completed by May 31, 2023 (hereinafter, the “Completion Date”).
B. CONTRACTOR shall perform the Work continuously and with due diligence so as to complete the Work by the Completion Date. CONTRACTOR shall cooperate with CITY and in no manner interfere with the Work of CITY, its employees or other consultants, contractors or agents.
C. CONTRACTOR may submit a written request for additional time to complete the Work, which request must be submitted to the CITY no later than fifteen (15) calendar days prior to the Completion Date or any extended Completion Date granted by CITY. The written request for additional time must identify (i) what specific tasks or services remain to be completed by CONTRACTOR in order to complete the Work; (ii) how much additional time CONTRACTOR requires; (iii) identification of the circumstances that have caused the need for additional time, according to CONTRACTOR, including, if applicable, identification of any tasks that must be completed by CITY as prerequisite to CONTRACTOR being able to complete any other service or task; and (iv) what proactive steps CONTRACTOR has taken up to the date of the request to mitigate the need for additional time, including, if applicable, any effort on the part of CONTRACTOR to alert CITY of 401
3 the need to provide information or complete certain tasks to be performed by CITY.
CITY in its sole and absolute discretion may grant, deny or conditionally grant a request for additional time, provided that no individual grant of additional time may exceed a maximum of fifteen (15) calendar days.
D. CONTRACTOR shall not claim or be entitled to receive any compensation or damage because of the failure of CONTRACTOR, or its subcontractors, to have related services or tasks completed in a timely manner.
E. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR’s employees.
F. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
Section 4. Compensation.
A. CONTRACTOR shall perform all the Work in accordance with the rates set forth in CONTRACTOR’s April 20, 2023 quote (hereinafter “CONTRACTOR QUOTE”), which is attached and incorporated hereto as Exhibit “C”.
B. CONTRACTOR’s total compensation during the Term of this Agreement shall not exceed the sum of One hundred and five thousand, three hundred and eight dollars and ninety eight cents ($105,308.98) (hereinafter, the “Not-to-Exceed Sum”). CONTRACTOR further agrees that the Not-to-Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council as part of the approval of this Agreement, unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative’s sole and absolute discretion.
C. Following the conclusion of Work requested pursuant to Section 1 above, CONTRACTOR shall submit to CITY an itemized invoice indicating the services and tasks performed. If the amount of CONTRACTOR’s compensation includes hours worked by CONTRACTOR’s personnel, the invoice shall indicate the number of hours worked in connection with the specific service or task requested, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.
Section 5. Standard of Care. CONTRACTOR represents, acknowledges and agrees as follows:
402
4 A. CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR’s field;
B. CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform the Services;
C. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;
D. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONTRACTOR’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization; E. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of CONTRACTOR’s employees and agents (including but not limited to CONTRACTOR’s subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement;
G. All of CONTRACTOR’s employees and agents (including but not limited to CONTRACTOR’s subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement; and H. CONTRACTOR shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative. The quality of Services shall meet or exceed those standards established by the CITY or County of jurisdiction.
The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR’s own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by CONTRACTOR’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that CONTRACTOR’s 403
5 acceptance of any work performed by CONTRACTOR or on CONTRACTOR’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.
Section 6. Representatives.
A. City Representative. For the purposes of this Agreement, the contract administrator and CITY’s representative shall be Saba Engineer (hereinafter, the “City Representative”). It shall be CONTRACTOR’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.
B. Contractor Representative. For the purposes of this Agreement, Blane Sandwick, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR’s performance under this Agreement and to make all decisions in connection therewith (hereinafter, the “Contractor Representative”). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR. The Contractor’s Representative shall supervise and direct the Services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
Section 7. Contractor’s Personnel
A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement. All work, services and tasks will be performed under CONTRACTOR’s supervision, and CONTRACTOR’s personnel engaged in the performance of the Work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks.
B. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work.
CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR’s performance of the Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.
404
6 C. CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.
D. In the event that CITY, in its sole reasonable discretion, at any time during the duration of the Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.
E. CONTRACTOR shall be responsible for payment of all employees’ and subconsultants’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
F. CONTRACTOR shall obtain and maintain during the duration of the Agreement, all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.
Section 8. Substitution of Key Personnel. CONTRACTOR has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal competence upon written approval of CITY.
In the event that CITY and CONTRACTOR cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONTRACTOR at the request of the CITY.
Section 9. Prevailing Wages and General Labor Compliance and Reporting.
A. CONTRACTOR and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:
1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day’s work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.
405
7 2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the office of the District Secretary, which copies shall be made available to any interested party on request. CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site.
B. As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.
C. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.
D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.
E. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.
F. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the 406
8 area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR willfully fails to comply with the provisions of California Labor Code Section 1777.5, CONTRACTOR shall be denied the right to bid on any public works contract for up to three (3) years from the date noncompliance is determined and be assessed civil penalties.
G. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, CONTRACTOR is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If CONTRACTOR, in the sole discretion of the CITY satisfies the CITY of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self-insurer, CONTRACTOR may so act, and in such case, the insurance required by this paragraph need not be provided.
CONTRACTOR is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer’s General Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and CONTRACTOR shall not commence Work, until CONTRACTOR submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work under this Contract. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which requires 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." A subcontractor is not allowed to commence the Work on the project until verification of Workers’ Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the City Engineer for the CITY’s review and records.
H. In accordance with the provisions of Section 1727 of the California Labor Code, the CITY, before making payment to CONTRACTOR of money due under a contract for public works, shall withhold and retain therefrom all wages and penalties which have been forfeited pursuant to any stipulation in the contract, and the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the CITY. 407
9 Section 10. Prohibited Interests. CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the duration of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
Section 11. Independent Contractor.
A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer-employee relationship or a joint venture.
B. CONTRACTOR, its agents, officers, subcontractors and employees are and, at all times during the duration of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.
C. CONTRACTOR shall determine the method, details and means of performing the Work. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement.
CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to provide services to others during the same period as it provides services to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.
D. If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.
408
10 E. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.
F. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
Section 12. Conflicts of Interest. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute.
CONTRACTOR agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that CONTRACTOR executes in connection with the performance of this Agreement.
Section 13. Non-Discrimination. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set.
CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform the Work under this Agreement.
Section. 14. Indemnification.
A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY’s elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals 409
11 and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of CONTRACTOR or any of CONTRACTOR’s officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees’ right to recover under this indemnity provision.
CONTRACTOR shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.
B. CONTRACTOR’s obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.
CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the Indemnities.
C. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations for the benefit of CITY, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONTRACTOR or any of its officers, 410
12 employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
D. CITY does not, and shall not; waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR’s covenant under this Section shall survive the termination of this Agreement.
E. CONTRACTOR shall fully comply with the workers’ compensation laws regarding CONTRACTOR and CONTRACTOR’s employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers’ compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.
Section 15. Insurance.
A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage.
2. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
3. Worker’s Compensation insurance as required by the State of California.
B. CONTRACTOR shall require each of its sub-consultants or sub-contractors to maintain insurance coverage that meets all of the requirements of this Agreement.
C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.
D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR’S expense, the premium 411
13 thereon.
E. Prior to commencement of Work under this Agreement, CONTRACTOR shall file with CITY’s Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.
F. CONTRACTOR shall provide proof that policies of insurance expiring during the duration of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds.
All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY.
CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
H. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
I. All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR’s employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
J. Any deductibles or self-insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
K. If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.
L. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR’s liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.
M. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so 412
14 as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement effective upon notice.
N. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Section 16. Records and Inspection. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the CITY to evaluate the performance the Work.
The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.
Section 17. Termination.
A. Termination for Convenience. CITY may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to CONTRACTOR specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by either the City Representative, the City Manager or the Assistant City Manager.
CONTRACTOR may only terminate this Agreement for cause.
B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY’s discovery 413
15 that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications.
1. CONTRACTOR shall cure the following Event of Default within the following time periods:
i. Within three (3) business days of CITY’s issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within thirty (30) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.
If an Event of Default relates to a material falsehood or misrepresentation set forth in the Scope of Work that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY.
2. Except as otherwise specified in this Agreement, CITY shall cure any Event of Default asserted by CONTRACTOR within thirty (30) calendar days of CONTRACTOR’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) 414
16 calendar days from the date of CONTRACTOR’s Default Notice to CITY.
3. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR’s performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR’s cure of any Event of Default by giving CONTRACTOR written notice of CITY’s intent to suspend CONTRACTOR’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default.
Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
6. In the event CITY is in breach of this Agreement, CONTRACTOR’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks. In no event shall CONTRACTOR 415
17 be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.
7. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
Section 18. Force Majeure. The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.
Section 19. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR’s and CITY’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.
If to CITY: If to CONTRACTOR:
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Engineering
Phone: (760) 246-2300
High Desert Underground
13355 Osage Court
Apple valley, Ca 92308
Attn: Blane Sandwick
Phone: (760) 247-8999
Section 20. Prohibition. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY’s prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR. 416
18 Section 21. Attorney Fees. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney’s fees.
Section 22. Entire Agreement. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties.
Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.
Section 23. Governing Law; Jurisdiction. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
Section 24. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Section 25. Captions. The captions used in this Agreement are solely for reference and the convenience of the Parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.
Section 26. Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
417
19 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF ADELANTO:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
APPROVED AS TO FORM:
By:____________________________
Paloma McEvoy, City Attorney
HIGH DESERT UNDERGROUND:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
418
20 EXHIBIT “A”
CONTRACTOR PROPOSAL
419
21 EXHIBIT “B”
CONTRACTOR QUOTE
420
PRICE
$ 3,500.00
$ 36,525.71
$ 65,283.27
TOTAL
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
water provided by customer. $ -
$ -
but not limited to, pipe alignment, hydrant and air vac locations, cut/fill $ - to finish surface, localization control points for as builting. Construction $ - provided by others), contractor not responsible for restoring finish grade $ - to any tolerance, re-using material is at contractors discretion, no $ - caps on each end of line, hydrostatic testing, disinfection, flushing and $ - sampling. Trench will be backfilled and compacted (compaction testing $ -
EXCLUSIONS INCLUDE
(BUT ARE NOT LIMITED TO):
THANK YOU FOR THE OPPORTUNITY TO SUBMIT THIS PROPOSAL
**Exclusions Include but are not limited to: Permits, Fees, Surveying/Staking, Compaction Tests, Inspection Fees, Construction Water, Permanent Paving, Bonds 1 Excavate and install pipe on new "field fit" alignment. Based on approved $ 65,283.27 finish surface and staking provided by city. Replace consumable items $ - such as nuts/bolts/gaskets, copper pipe etc. Total LF of pipe to match $ - NOTICE: This project was bid using industry standard tools and equipment. Should underground conditions require special equipment, we will notify the owner and reconsider the proposal. 1 $ -
$ -
$ 105,308.98
$ -
$ -
$ -
$ 36,525.71
700LF of pipe, restraints as indicated on plans, 2 FH/TEE/Valve assemblies, PROJECT NO.:
SUBMITTED TO:
COMPANY:
DATE:
QTY DESCRIPTION
PROJECT DESCRIPTION: Auburn 12" realignment
PROPOSAL
4/20/2023
City Of Adelanto
1 construction plans provided dated 12-15-2021. $ -
TOTAL
Mobilization $ 3,500.00
Excavate and remove pipe and appurtances for re use, this includes appx. $ -
$ -
$ -
ARV assembly, end cap/BO assembly.
*No vertical offset fittings included, implied or included, pipeline to be $ - included, Customer to provide any necessary construciton staking including $ - constructed per normal new line procedures including temporary test $ - pavement removal or re-placement implied or included, no permitting $ - HIGH DESERT UNDERGROUND INC.
GENERAL ENGINEERING | PIPELINE CONSTRUCTION
13355 OSAGE COURT, APPLE VALLEY, CA 92308
OFFICE (760) 247-8999 | FAX (760) 247-2777
www.hdupipeline.com
421
KELLEY'S UNDERGROUND CONSTRUCTION, INC.
22411 HIGHWAY 18
APPLE VALLEY, CA. 92307
Kelley's Underground Construction Inc.
22411 Highway 18
Apple Valley, CA 92307 US
[email protected]
www.kelleysundergroundconstruction.net
Estimate
ADDRESS
CITY OF ADELANTO
AUBURN 12" REALIGNMENT
ESTIMATE # DATE
1824 04/21/2023
ACTIVITY QTY RATE AMOUNT
Service
KELLEY'S TO EXCAVATE AND REMOVE
PIPE,FITTINGS,FIRE HYDRANTS,VALVES AND
RESTRAINTS APPROX. 700' OF 12"TO RE-USE
PIPE.
1 39,800.00 39,800.00
Service
KELLEY'S TO EXCAVATE AND INSTALL PIPE ON
THE NEW ALIGNMENT BASED ON FINISH
SURFACE STAKING PROVIDED BY THE CITY.
1 72,500.00 72,500.00
TOTAL $112,300.00
Accepted By Accepted Date
422
423
424