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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. City Council approves the Professional Services Agreement between Rick Engineering, Inc. for the Design of the Ramsey Street Water Main Replacement, to Rick Engineering, Inc. in the amount of $386,895 and approves a 10% contingency for a total project budget of "not-to-exceed" $425,584.50.
SECTION 2. City Council authorizes the City Manager or his designee to make necessary budget adjustments, appropriations, transfers, and to approve change orders within the approved contingency.
SECTION 3. City Council authorizes the City Manager or his designee is authorized to make non-substantive changes to and to execute the Professional Services Agreement with Rick Engineering, Inc ..
SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 14th day of November 2023 ATTEST:
Caroline Patton, De
City of Banning
APPROVED AS TO FORM AND
LE~
Serita R. Young, City Attorney
Richards , Watson & Gershon
Resolution 2023- 182
772
CERTIFICATION:
I, Caroline Patton , Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2023- 182, was duly adopted by the City Council of the City of Banning, California , at a regular meeting thereof held on the 14th day of November 2023 by the following vote , to wit:
AYES: Flynn , Minjares, Sanchez , and Wallace.
NOES:
ABSENT: Gonzales.
ABSTAIN:
Resolution 2023- 182
Caroline Patton , De City Clerk
City of Bann ing , Califo rnia
773
Exhibit A
Draft Professional Services Agreement with Rick Engineering, Inc.
Resolution 2023- 182
774
AGREEMENT FOR PROFESSIONAL SERVICES ( C00931) FOR DESIGN OF
RAMSEY STREET WATER MAIN BY AND BETWEEN CITY OF BANNING AND GLENN A. RICK ENGINEERING & DEVELOPMENT CO. DBA RICK
ENGINEERING COMPANY
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( herein " Agreement") is made and entered into this day: ________ , (" Effective Date") by and between the CITY OF BANNING, a California municipal corporation (" City") and Glenn A. Rick Engineering & Development Co., a California Corporation, dba Rick Engineering Company. (" Consultant"). City and Consultant are sometimes hereinafter individually referred to as " Party" and hereinafter collectively referred to as the " Parties."
RECITALS
A. City has sought by issuance of a Request for Proposals ( RFP No. 23-036) from the bench of prequalified Engineers ( RFQ- 22-007), the performance ofthe services for the Design of Ramsey Street Water Main and as further defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the services defined and described particularly in Article I of this Agreement, was selected by City to perform those services.
C. The Parties desire to formalize the selection of Consultant for performance ofthose services defined and described particularly in Article I ofthis Agreement and desire that the terms of that performance be as particularly defined and described herein.
D. Pursuant to the City of Banning' s Municipal Code, City has authority to enter into this Agreement.
NOW, THEREFORE, in consideration ofthe mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the " Scope of Services" attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the " Services" hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Consultant covenants that it shall follow the highest professional standards in 2344655v8
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performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase " highest professional standards" shall mean those standards of practice recognized by one or more first- class firms performing similar work under similar circumstances. This Agreement calls for services that, in whole or in part, constitute " public works" as defined in the California Labor Code. Therefore, as to those services that are " public works," Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B hereto.
1.2 Contract Documents and Exhibits.
This Agreement includes the Request for Proposal and Consultant' s accepted proposal Contract Documents"), both of which are on file with the City and incorporated herein by this general reference as though fully set forth herein. Exhibit A (Scope of Services), Exhibit B Special Requirements), Exhibit C ( Schedule of Compensation), and Exhibit D ( Schedule of Performance) also constitute a part of this Agreement and are incorporated into this Agreement by this reference. Except as set forth in Section 1.10 regarding Exhibit B, this Agreement controls over the Contract Documents and the provisions in Exhibits A, B and C.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered, and shall render all Services hereunder in accordance therewith.
1.4 Licenses. Permits. Fees and Assessments.
Consultant shall obtain and maintain during the term of this Agreement, at its sole cost and expense, all necessary licenses, permits, certificates and approvals required by law for the performance of Services under this Agreement, including a City business license. Consultant shall have the sole obligation to pay for all fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for Consultant' s performance of the Services required by this Agreement. Consultant shall indemnify, defend and hold harmless City, its officers, employees or agents, against all such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Services.
By executing this Agreement, Consultant warrants that Consultant: ( i) has thoroughly investigated and considered the Scope of Services to be performed, ( ii) has carefully considered how the Services should be performed, and ( iii) fully understands the facilities and any difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions existing therein, prior to commencement of Services hereunder. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant' s risk until written instructions are received from the Contract Officer ( defined in Section 1.12. A). 2-
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1.6 Prevention of Loss and Damages.
Consultant shall adopt reasonable methods during the Term ( defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, documents, plans, studies and/ or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City' s own negligence.
1.7 Further Responsibilities of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonable necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible to perform the Services of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra services beyond that specified in the Scope of Services or to make changes by altering, adding to or deducting from the Services. No such extra services may be undertaken unless a written order is first given by the Contract Officer to Consultant, which written order incorporates therein an adjustment in ( i) the Contract Sum ( as defined in Section
2.1), and/ or (ii) the Schedule of Performance, ( as defined in Section 3.2), and which written order is approved in writing by Consultant. Any increase in compensation ofup to ten percent ( 10%) of the Contract Sum, or $ 25, 000, whichever is less; or in the Schedule of Performance of up to one hundred eighty ( 180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to Services which are specifically set forth in the Scope of Services or which are reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
1.9 Facilities and Equipment.
Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the Services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (" City Facilities"), as City deems, in its sole discretion, to be reasonably necessary for Consultant' s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to a computer, long distance telephone, network data, internet or other communication charges, vehicles and reproduction facilities. 3-
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1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the " Special Requirements" attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.
1.11 Corrections.
In addition to the indemnification obligations set forth in Article 4, and Sections 1.4, 1.13,
5.3, 5.4, and 6.3, Consultant shall correct, at its expense, all errors in the Services which may be disclosed during City' s review of Consultant' s report or plans. Should Consultant fail to make such correction( s) in a reasonably timely manner, such correction( s) may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction( s) from any retention amount held by City, or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction( s), as provided in Section 6.3.
1.12 Party Representatives.
A. Contract Officer: For the purposes of this Agreement, the Contract Officer shall be the City Manager, or such other person designated in writing by the City Manager Contract Officer"). Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.
B. Principals and Personnel of Consultant.
1) Consultant Representative: The following principal of Consultant is hereby designated as being the Consultant Representative authorized to act on Consultant' s behalf regarding the Services specified herein and make all decisions in connection therewith:
Name
Richard O'Neill Associate Principal
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Consultant Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Consultant Representative shall be responsible during the tenn of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Consultant Representative. For purposes of this Agreement, the foregoing Consultant Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Consultant without the express written approval of City. It shall be Consultant' s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer. 4-
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2) Consultant' s Personnel: Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All ofthe Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant' s staff and sub- contractors, if any, assigned to perform the Services required under this Agreement.
Consultant shall notify City of all changes in Consultant' s staff and sub- contractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or sub- contractor of Consultant, City shall give notice as set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.
1.13 Independent Contractor.
A. Consultant is an independent contractor and not an employee of City.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. All Services provided pursuant to this Agreement shall be performed by Consultant or under its superv1s1on. Consultant will determine the means, methods, and details of performing the Services. Any additional personnel performing Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant' s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
B. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant' s personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant' s failure to promptly pay to City any reimbursement or indemnification arising under this Section.
1.14 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation ofConsultant, the Consultant Representative and employees were a substantial inducement for City to enter into this Agreement.
Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty- five percent ( 25%) of the present ownership and/ or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this 5-
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Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in Exhibit C-1 and the not- to- exceed sub- budget rates set forth in the " Schedule of Compensation" attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than Three Hundred Eighty- Six Thousand Eight Hundred Ninety- Five ($ 386, 895. 00) ( the Contract Sum"). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.
2.2 Method of Compensation.
The method of compensation may include: ( i) a lump sum payment upon completion of the Services, ( ii) payment in accordance with specified tasks or the percentage of completion of the Services, ( iii) payment for time and materials based upon Consultant' s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum or ( iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit C. Reimbursable expenses may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual sub- contractor expenses of an approved sub- contractor pursuant to Section 1.14, and only if specified in the Schedule of Compensation.
2.4 Unauthorized Services and Expenses.
City will not pay for any Services or reimburse for any expenses incurred which are not specified in the Scope of Services, unless authorized in writing as set forth in Section 1.8 of this Agreement. City shall make payment for such authorized additional Services and expenses in accordance with Article 2 of this Agreement.
2.5 Invoices.
Each month Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section III of Exhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the 6-
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Agreement. Consultant shall not invoice City for any duplicate Services performed by more than one person.
City shall independently review each invoice submitted by Consultant to determine whether the Services performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Consultant to be paid within thirty ( 30) days of receipt of Consultant' s correct and undisputed invoice, except as to any charges for Services performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 6.3. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City of any invoice provided by Consultant shall not constitute waiver of any rights or remedies provided herein or any applicable law.
2.6 Waiver.
Payment to Consultant for Services performed pursuant to this Agreement shall not be deemed to waive any defects in Services performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period( s) established in the " Schedule of Performance" attached hereto as Exhibit D and incorporated herein by this reference.
3.3 Force Majeure.
The time period( s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant. Such unforeseeable consequences include, but are not restricted to, acts of God or public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/ or acts of any governmental agency, including City, if Consultant shall within ten ( 10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer 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 Contract Officer such delay is justified, subject to the provisions of Section 1.8. The Contract Officer' s determination ( or the City Council' s determination, in the event the period of enforced delay exceeds the period specified in Section
1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant 7-
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be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Consultant' s sole remedy shall be the extension of the Agreement pursuant to this Section.
3.4 Term.
The Term ofthis Agreement shall be from the Effective Date through June 30, 2024, unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections
1.8 and 3.3 of this Agreement. Maximum term and any subsequent amendment or modification shall not exceed five ( 5) years.
ARTICLE 4. INSURANCE AND INDEMNIFICATION
4.1 Minimum Scope and Limits of Insurance.
Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
A. Commercial General Liability Insurance with a m1mmum limit of 1,000, 000. 00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000, 000. 00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, members, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
B. Automobile Liability Insurance for any owned, non- owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of 1,000, 000. 00 per accident for bodily injury and property damage. If Consultant does not use any owned, non- owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non- owned auto endorsement to the Commercial General Liability policy.
C. Workers' Compensation Insurance as required by the State of California and Employer' s Liability Insurance with a minimum limit of $1,000, 000. 00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers' compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.
D. Professional Liability/ Errors and Omissions Insurance with minimum limits of $1,000, 000. 00 per claim and in the aggregate.
4.2 Acceptability of Insurers.
The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest 8-
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edition ofthe A.M. Best Insurance Rating Guide. Self- insurance shall not be considered to comply with the insurance requirements under this Article.
4.3 Additional Insured.
The commercial general and automobile liability policies · shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.
4.4 Primary and Non- Contributing.
The insurance policies required under this Article shall apply on a primary noncontributing basis in relation to any other insurance or self- insurance available to City. Any insurance or self- insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant' s insurance and shall not contribute with it.
4.5 Consultant' s Waiver of Subrogation.
The insurance policies required under this Article shall not prohibit Consultant and Consultant' s employees, agents or sub- contractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
4.6 Deductibles and Self- Insured Retentions.
Any deductibles or self- insured retentions must be declared to and approved by City. At City' s option, Consultant shall either reduce or eliminate the deductibles or self- insured retentions with respect to City; or Consultant shall procure a bond guaranteeing payment oflosses and expenses.
4.7 Cancellations or Modifications to Coverage.
Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Article during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days' prior written notice to City. If any insurance policy required under this Article is canceled or reduced in coverage or limits, Consultant shall, within two ( 2) Business Days ( as defined in Section 8.12) of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
4.8 City Remedy for Noncompliance.
If Consultant does not maintain the policies of insurance required under this Article in full force and effect during the term of this Agreement, or in the event any of Consultant' s policies do not comply with the requirements under this Article, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant' s expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 9-
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4.9 Evidence oflnsurance.
Prior to the performance of Services under this Agreement, Consultant shall furnish the City Clerk with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Article. The endorsements are subject to City' s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with the City Clerk.
Consultant shall provide proof to the City Clerk that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two ( 2) weeks prior to the expiration of the coverages.
4.10 Indemnity Requirements not Limiting.
Procurement of insurance by Consultant shall not be construed as a limitation of Consultant' s liability or as full performance of Consultant' s duty to indemnify City under this Agreement.
4.11 Sub- contractor Insurance Requirements.
Consultant shall require each of its sub- contractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Article.
4.12 Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnification of City.
1) Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify, and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials collectively " Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney' s fees and costs of defense ( collectively Liabilities"), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a " design professional," as the term is defined under California Civil Code Section 2782. 8( c). 2) Other Indemnities. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify 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 and all costs associated therewith and the payment of all consequential 10-
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damages ( collectively " Claims"), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, sub- contractors, materialmen, consultants or their officers, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
3) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant' s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws.
City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant' s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.3. 4) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub- contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the lndemnitees from and against any and all Liabilities and Claims, in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant' s sub- contractor, its officers, agents, servants, employees, sub- contractors, materialmen, contractors or their officers, agents, servants or employees ( or any entity or individual that Consultant' s sub- contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities and Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.
B. Workers' Compensation Acts not Limiting. Consultant' s indemnifications and obligations under this Article, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Article shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City. 11-
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D. Survival of Terms. Consultant' s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement.
ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION 5 .1 Service Records.
Consultant shall keep, and require sub- contractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder ( the " Service Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Service Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three ( 3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant' s business, custody of the Service Records may be given to City, and access shall be provided by Consultant' s successor in interest (" Consultant' s Successor"). If custody of the Service Records is given to Consultant' s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant' s Successor. The notice shall include contact information address and telephone number) for Consultant' s Successor, and access shall be provided to City by Consultant' s Successor.
5.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Consultant shall promptly notify the Contract Officer of that fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
5.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials ( the " Consultant Documents") prepared by Consultant, its employees, sub- contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/ or use of uncompleted Consultant Documents without specific written authorization by Consultant will be at City' s sole 12-
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risk and without liability to Consultant, and Consultant' s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All sub- contractors shall provide for assignment to City of all Consultant Documents prepared by them; and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
5.4 Confidentiality and Release of Information.
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
B. Consultant, its officers, employees, agents or sub- contractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement. Response to a subpoena or court order shall not be considered " voluntary" provided Consultant gives City notice of such court order or subpoena.
C. If Consultant, or any officer, employee, agent or sub- contractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of Consultant' s conduct.
D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub- contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite the response.
ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION
6.1 California Law.
This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such 13-
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court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
6.2 Disputes: Default.
A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6. 7, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten ( 10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance.
In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
B. In the event of termination pursuant to this Section, City may take over the Services and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated ( provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set- off or partial payment of the amounts owed City as provided in Section 6.3.
6.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant whether or not arising out ofthis Agreement): ( i) any payment amount ofwhich may be in dispute hereunder or which is necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, (ii) all amounts retained pursuant to the provisions of Section 4.8, ( iii) all amounts for which City may be liable to third parties, by reason of Consultant' s acts or omissions in performing or failing to perform Consultant' s obligation under this Agreement, and ( iv) all payments due or that become due to Consultant during the period that Consultant or any of its sub- contractors fail to maintain any required insurance in full force and effect, until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City, as provided in Section 4.9, above. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.
6.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any 14-
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Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing, and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
6.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
6.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action against City under this Agreement.
6. 7 Termination Prior to Expiration of Term.
This Article 6 shall govern any termination of this Agreement except as specifically provided in Section 6.2 for termination for default of Consultant. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty ( 30) days' written notice to Consultant, except that where termination is due to the fault of Consultant, the period of notice may be a shorter time as may be determined by the Contract Officer. In addition, Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty ( 60) days' written notice to City, except that where termination is due to the fault of City, the period of notice may be a shorter time as Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where Consultant has initiated termination, Consultant shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 6.3. In the event Consultant has initiated termination, Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non- terminating Party with the opportunity to cure pursuant to Section 6.2.
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6.8 Attorneys' Fees.
In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement ( whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall include attorney' s fees on any appeal, and in addition the Party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON- DISCRIMINATION
7.1 Non- liability of City Officers and Employees.
No officer or employee of City shall be personally liable to Consultant, or Consultant' s Successor, in the event of any default or breach by City or for any amount which may become due to Consultant or Consultant' s Successor, or for breach of any obligation of the terms of this Agreement.
7.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant' s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub- contractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of City shall have any direct or indirect financial interest in this Agreement within the scope of Government Code section 1090, nor shall any such officer or employee make, participate in making, or use his or her official position to influence, any City decision relating to the Agreement which has a material financial effect on his or her financial interests or the financial interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given, and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Consultant and its officers, employees, associates and sub- contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant' s Services under this Agreement, including the Political Reform Act ( Gov. Code § 81000, et seq.) and Government Code Section I090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and subcontractors shall not, without the Contract Officer' s prior written approval, perform services for another person or entity for whom Consultant is not currently performing services that would 16-
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require Consultant or one of its officers, employees, associates or sub- contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.
7.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, or ancestry in the performance of this Agreement.
Consultant shall talce affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.
7.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of Services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 8. MISCELLANEOUS PROVISIONS
8.1 Notices.
Any notice, demand, request, document, consent, approval, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: ( a) on confirmed delivery by courier service or overnight delivery service during Consultant' s and City' s regular business hours; or (b) three ( 3) Business Days after deposit in the United States mail, by certified or registered mail, and addressed to the Party to be notified as set forth below:
Ifto City
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Attn: Nathan Smith
Deputy Director of Engineering
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: nsmith@banningca. gov
17-
791
With a courtesy copy to:
Ifto Consultant:
8.2 Interpretation.
Serita R. Young, City Attorney
Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: SYoung@rwglaw. com
Attn: Rick O'Neill
Rick Engineering Company
1770 Iowa Avenue, Suite 100
Riverside, CA 92507
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
8.4 Integration; Amendment.
This Agreement, and all exhibits referred to in this Agreement, constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. No amendment to or modification of this Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by Consultant and by City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
8.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Mutual Cooperation.
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A. City' s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant' s proper performance of the Services required under this Agreement.
B. Consultant' s Cooperation. In the event any claim or action is brought against City relating to Consultant' s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
8. 7 No Third Party Beneficiaries Intended.
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
8.8 Final Payment Acceptance Constitutes Release.
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant' s Services. Acceptance of payment shall be any negotiation of City' s check or the failure to make a written extra compensation claim within ten ( 10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub- contractors and agents for the accuracy and competency of the information provided and/ or Services performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the Services prepared by Consultant, its employees, sub- contractors and agents.
8.9 Non- Appropriation of Funds.
Payments to be made to Consultant by City for Services performed within the current fiscal year which are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant' s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant' s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
8.10 Headings.
The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
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8.11 Word Usage.
Unless the context clearly requires otherwise, ( a) the words " shall," " will" and agrees" are mandatory and " may" is permissive; ( b) " or" is not exclusive; and ( c) " includes" or including" are not limiting.
8.12 Business Days.
Business Days" refers to days that the Banning City Hall is open for business.
8.13 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that i): such Party is duly organized and existing, ( ii) they are duly authorized to execute and deliver this Agreement on behalf of that Party, ( iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and ( iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
8.14 Electronic Signatures.
Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party electronic signature"). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BANNING
Douglas Schulze,
City Manager
ATTEST:
Caroline Patton
Deputy City Clerk
APPROVED AS TO FORM:
Richards, Watson & Gershon
Serita R. Young
City Attorney
Date
Date
Date
CONSULTANT
NAME: Date
TITLE:
NAME: Date
TITLE:
Tax ID No.
Address:
City Council Approval: ______ _
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF
INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT' S BUSINESS ENTITY.
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EXIIlBIT " A"
SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing Engineer Design Services prepared in connection therewith:
II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:
Exhibit " A"-1
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EXHIBIT" A"
SCOPE OF WORK
Rick Engineering Company ( RICK) will perform the following services in connection with providing the design of a new ductile iron pipe ( size TBD by city) water main in Ramsey Street between Sunset Avenue and Highland Home Road based on the following scope of work.
Task 1. Project Management
1.1 Kick-off Meeting and Project Management
After execution of the contract, Rick Engineering Company ( RICK) will schedule and attend a kick- off meeting with the City of Banning ( City) to discuss the project scope, goals, preliminary findings and alignment selected by the City, finalize the project schedule, and identify available as-built plans and studies. RICK will prepare the meeting agenda and provide the team with meeting minutes following the meeting.
RICK will provide project management of the project that includes preparation and maintenance of a project specific Work Plan. The Work Plan will include details of methodology of design, sequence of tasks lists of deliverables, milestone submittal schedule, summary of organizational responsibilities, and a communication plan with contacts of all team members. Additionally, RICK will provide utility coordination with the utility providers that have utilities along the alignment, and perform quality assurance and quality control prior to each milestone submittal, and in conformance with federal, state, and city standards.
Deliverables - Meeting agenda and minutes, Work Plan
1.2 Progress Meetings
RICK will schedule monthly progress meetings with the City and project team, that will be face to face or virtual, and facilitate additional meetings with the City departments/ stakeholders as needed for the project during the project duration.
Scope assumes 8 monthly meetings, that includes milestone design review/ comment resolution meetings and an additional 3 project meetings.
RICK will prepare agendas and minutes for the meetings, distribute the minutes, and will also provide a monthly progress report to be included with the monthly invoice.
Deliverables - Meeting agendas and minutes
Exhibit " A" - 2
797
EXHIBIT" A"
1.3 Invoicing
RICK will develop and provide a monthly invoice to the City. The invoice will include RICK labor costs, subconsultant invoices and direct expenses. Direct expenses will be supported by a copy of the receipt if applicable. Invoices shall include details of billed and remaining budget for each task, and will include the monthly progress report of the tasks completed, identify any outstanding issues to be resolved, and upcoming work to be performed.
Deliverable - Monthly invoices and progress reports
Task 2. Project Development
2.1 Utility Research, Base Mapping, and Site Reconnaissance RICK will conduct research with the City of Banning, County of Riverside, and other governing agencies and utility companies for existing plans and maps of the adjacent area to be used for the design of the project.
RICK will conduct a field visit to collect visible information of project site.
Research will consist of the private water systems that will be reconnected to the new/ proposed waterline in Ramsey Street and the affected private properties.
RICK will verify existing site data in terms of surrounding street system, geometry, parking, signing and striping, and private improvements and private water system appurtenances on the properties.
RICK will prepare a CAD file based on the boundary survey described below showing the existing utilities discovered in the research.
Deliverables - Photo log for any photos taken, letters to utility companies, utility as-built maps, and an AutoCAD drawing of the existing utilities.
2. 1. l Property Research
RICK will research City of Banning and County of Riverside survey records and record mapping for property and right of way information. RICK will also conduct a field survey to establish street centerline and rights of way of Ramsey Street within the project limits ( between Sunset Avenue and Highland Home Road), Omar Street ( between Ramsey and W. Jacinto View Road), W. Jacinto View Road between Omar Street and Winchester Drive), and the property lines of the adjacent private properties and private properties that are affected by the relocation of water services. Survey basis of bearings and coordinates will be California State Plane Coordinates. Survey data and records analysis will be prepared within a CAD file establishing project mapping for centerline and right of Exhibit "A" - 3
798
EXHIBIT"A"
way, including intersecting streets. Base mapping will include existing easements.
Easements will be researched to identify their applicability/ inapplicability with new waterline alignments.
Deliverables - Field Review notes, photo log for any photos taken, and an AutoCAD drawing of the rights of ways and centerline.
2.1.2 Site Topography and Surveying
RICK will provide a supplemental field topography along the existing water line points of connection and where needed and the effected private properties where water systems will be reconnected in Ramsey Street). Consultant will locate and dip existing sewer and storm drain manholes. Topography will be vertically controlled by local published benchmarks.
Deliverables - Field Review notes, photo log for any photos taken, and CAD file with survey points.
2.1.3 Aerial Topography
RICK will provide an aerial topography of the project site consisting of surface utility appurtenances and improvements such as curb, edge of pavement, drainage inlets, valve cans, fences, driveways, mailboxes, utility vaults, power poles, signs, lights, traffic signals, sidewalks, pedestrian ramps, and notable grade features.
Deliverables - 40- scale at 1-foot contours
2.2 Potholing
RICK' s subconsultant, C Below, will perform potholing for the project. C Below will perform forty ( 40) potholes as indicated in the RFP. A standard pothole is 12 in. x 12 in, performed to the top of pipe or encasement with sand backfill and a permanent surface patch. Potholes are assumed to be 5' in depth. Potholes include water line tie-in points and underground utility crossings. Potholes will also be used to locate the old Highway 99 concrete by setting alignment of potholes perpendicular to Ramsey Street, spaced 10' on center curb to curb. Alignments will be performed at mid- point of each project phase ( 3 alignments). C Below will provide a detailed potholing report at the conclusion of the investigation. Service includes Dig Alert Coordination and Delineation, Encroachment permit, vacuum excavation to top of utility, encasement, or stop depth, standard traffic control, 12- inches of hot patching ( restored within 30-days of excavation activity), sand backfill, removal of debris, and pothole report. Services not included are slurry backfill, extensive traffic control, flagging for traffic control, sidewalk concrete Exhibit "A" - 4
799
EXHIBIT" A"
panel replacement, and removal of Dig Alert marks.
Standard traffic control includes one lane closure with minimal signage not spanning an intersection.
Prior to potholing, a potholing plan will be developed showing location of potholes for connection points, intermediate points, and location of other underground utilities.
Deliverables - Potholing plan and potholing report
2.3 Geotechnical Study
Geocon is proposing to drill six ( 6) geotechnical borings up to 15 feet in depth, along portions of the proposed water main alignment, where the subsurface explorations of our 2018 geotechnical investigation cannot supplement. The geotechnical borings will be performed to the observe subsurface soil conditions and collect samples for laboratory testing. We expect that traffic control signage/ equipment will be sufficient and flag persons will not be required. Furthermore, we expect that the Banning encroachment permit will be a no fee permit for this project, and that patching of the borings with asphalt concrete cold- patch is acceptable.
RICK's subconsultant, Geocon West, Inc, will consist of:
Mark the planned boring locations and notify Underground Surface Alert of Southern California to mark any subsurface utility locations near the exploration locations. Additionally, the client should provide plans depicting the locations of all utilities in the project area.
Prepare no-fee encroachment permits with the City of Banning for our work. We have assumed a traffic control plan utilizing MUTCD or Watchbook details will be sufficient, and an engineered traffic control plan will not be required.
Provide traffic control setup and breakdown at each boring location. We plan to source traffic control signage/ equipment for our work and did not include flag persons in this budget.
Drill six ( 6) geotechnical borings along the portion of the proposed water main alignment that our 2018 subsurface explorations cannot supplement. We will collect bulk and ring samples of the subgrade soil for laboratory testing. Borings will be backfilled with soil cuttings and clean sand, and capped with asphalt concrete cold- patch upon completion. We expect borings of up to 15 feet will be sufficient for design of the proposed water main. Borings will be located so that there is an approximate 500- foot interval maintained between the new borings and 2018 borings, along the proposed water main alignment, to ensure an appropriate standard of care. We have budgeted one day of drilling.
Perform laboratory testing which is expected to include in-situ moisture content and dry density determinations, maximum dry density and optimum moisture Exhibit "A" - 5
800
EXHIBIT" A"
content, grain size analysis, corrosion screening, sand equivalent, and direct shear testing. The laboratory testing program will be based on the conditions encountered during the field investigation with respect to the proposed improvements. Our 2018 laboratory test results will be provided as supplemental information for the portion of the proposed water main alignment able to be covered by our 2018 geotechnical investigation.
Prepare a geotechnical report presenting our findings in the field, boring logs, a map depicting the boring locations, a discussion of the geotechnical conditions at the site, and geotechnical parameters for storm drain design.
Assumptions:
The borings can be safely performed in the vicinity of the proposed water main alignment, considering existing utilities are present and to facilitate traffic flow around our drilling operations. Where performing the borings poses a conflict with existing utilities, resulting in an unsafe working environment for property, personnel, and/ or motorists/ pedestrians, the planned borings will be relocated, as feasible.
This proposal does not include any costs to re-grade, install hot- mix asphalt concrete patching, re-vegetate, landscape or otherwise repair disturbed areas.
Deliverables - Geotechnical report
Task 3. Preliminary Engineering Design
3.1 Preliminary Design Plans ( 30% design)
RICK will prepare waterline plans for approximately ( 7,200 LF) for a proposed Ductile Iron pipe in Ramsey Street between Sunset Avenue and Highland Home Road. Plans will be at 40-scale and include plan and profile. Plans will be setup for 3 construction phases:
Phase 1: The waterline between Sunset Avenue to near the property at 3929 W.
Ramsey Street.
Phase 2: The continuation of Phase 1 to Omar Street, then continuing north on Omar to W. Jacinto View Road, and then east to the Winchester Drive intersection.
Phase 3: From Omar Street westerly on Ramsey Avenue to approximately Highland Home Road.
Additionally, RICK will:
a. Collect the data from the utility and property research from scope items above to use as part of the base file for the water plans. Existing utilities will be shown on the plans in locations verified by the potholing above and/ or provided by the utility companies. As part of the plan preparation, RICK will contact affected Exhibit "A" - 6
801
EXHIBIT"A"
utility companies to obtain permits if needed ( utility fees to be paid by the City of Banning).
b. RICK will arrange and participate in informal meetings as necessary with City staff to review the progress of the project and exchange ideas and information. c. Meetings with the City of Banning will discuss the key design issues and develop general project criteria for construction, including schedule and possible ways of minimizing problems. RICK will prepare and submit meeting agendas prior to the meetings.
d. RICK will provide data received and assumptions utilized to the city for approval prior to integrating the data into the project' s final design. e. RICK will prepare preliminary water plans ( 30- percent design) using AutoCAD for approximately 7,200 LF of water line ( 8-inch to 14-inch) to establish an agreement with the City of Banning on project scope, alignment, easements, parameters, hydraulic requirements, maintenance concerns, constructability and construction phasing, traffic impacts, and general disruption to the area. The preliminary design is to be submitted to the City of Banning for review and approval. The preliminary design shall address the following:
a. Pipeline alignment/ facility locations
b. Construction schedule and phasing recommendations
c. Construction Cost Estimate of recommended improvements d. Conflicts with other utilities and adjacent facilities in the area e. Traffic and pedestrian control
f. Erosion Control
g. Preferred materials for construction
h. Areas where construction work is limited or controlled. i. Impacts to City water system.
j. Impacts to surrounding business and residential areas. k. Easements ( existing and proposed)
I. Corrosion protection ( if necessary)
f. The preliminary design will be submitted in PDF format through the City' s SmartGov platform for the City of Banning' s review and concurrence. The design will be at a 30% level of effort. Changes in layout and location of facilities suggested by the city will be investigated. A final layout and location of facilities will then be established.
g. As part of the meetings with the city, discussions and submittals of material will be presented to the city through the preliminary design process to reduce comment time and effort by the city.
It is assumed that the City of Banning will provide the size of the proposed new waterline. A hydraulic analysis is not included with this scope. However, we have provided it as an additional/ if needed service.
It is assumed that the majority of the existing waterline will be abandoned in place.
Exhibit "A" - 7
802
EXHIBIT"A"
As part of the 30% design, RICK will prepare a traffic control conceptual staging plan for Phase 1 only identifying the assumed stages for each of the phases as noted in the Request for Proposal. The project Phase 1 proposes to construct approximately 2,600' of a water main along Ramsey Street from Sunset Avenue to 3929 W. Ramsey Street. It is anticipated that the traffic control conceptual staging plan will be prepared at 40 scale and will identify the proposed linear footage per stage and a description of the work that will be completed.
Deliverables -( all via the city's SmartGov platform): PDF of the preliminary design plans and the preliminary opinion of probable costs.
3.2 Preliminary Design Plans ( 60% design)
Rick will prepare plans based on the 30% design and subsequent review comments by the City. Plans include a one (1) cover sheet, two (2) detail sheet, ten (10) plan and profile sheets, two (2) connection detail sheets for private landowners, and one (1) valve shut down sheet if needed, and will show the existing water services and fire hydrants to the new waterline. Due to the existing waterline being at the back of the effected parcels, water meters, backflow devised and related system components shall be moved to front Ramsey off the new proposed waterline. Detail sheets will detail the on-site design connecting to the new line to provide a water system at minimum equal to the existing condition.
RICK's subconsultant, Dexter Wilson Engineering, will assist in preparation of technical specifications, pipeline material design, pipeline deflection calculations, design of thrust restraining systems, details for phased connections, details for connection to the existing pipeline, peer review of replacement plans, and other pipeline design aspects.
Consultant will incorporate any comments received from the City of Banning on the traffic control conceptual staging plan into the 60% design plans. Consultant will prepare 40-scale traffic control plans for the work associated with the Ramsey Street Water Main for Phase 1 only. The traffic control plans will provide work zones that are staged for construction of the water main, appurtenances, laterals, and any required detours. The one stage of traffic control is assumed as follows:
Phase 1: Sunset Avenue to 3929 W. Ramsey Street. There are assumed 5 stages of traffic control; Stage lA is to 600' west of Sunset Avenue; Stages lB, 1C, 10, and 1E will be up to 500' along Ramsey to 3929 W. Ramsey Street.
The traffic control plans will be prepared following the requirements of the California Manual on Uniform Traffic Control Devices ( MUTCD) and the City of Banning. Three ( 3) submittals are assumed - 60%, 90%, and final. Five ( 5) sheets Exhibit "A" - 8
803
EXHIBIT"A"
of traffic control plans are assumed for Phase 1.
A progress meeting will be coordinated with the City of Banning to discuss the 60% design plans. The meeting will discuss the comments and markups and establish a timeline for the project moving forward.
Deliverables -( all via the city' s SmartGov platform): PDF of the preliminary design plans and the preliminary opinion of probable costs.
3.3 Detailed Design Plans ( 90% Design)
Rick will prepare the 90% detailed design waterline plans and traffic control plans based on the 60% review comments received from the City of Banning and other entities. Plans shall follow the City of Banning standards and policies.
RICK will prepare project specifications following the Standard Specifications for Public Works Construction, SSPWC, " Greenbook11 , latest edition.
RICK will prepare an opinion of probable cost and bid schedule that has construction items of work, unit of measurement, unit cost, and cost based on the detailed design waterline plans.
Deliverables -( all via the city' s SmartGov platform): PDF of the preliminary design plans, the preliminary opinion of probable costs, and the Standards and Specifications
Task 4. Final Design Plans
4.1 Final Water Plans
Upon authorization from the City, RICK will finalize the waterline plans and traffic control plans based on the final comments from the City and other entities. Plans will follow the City of Banning standards and policies. Plans will be signed by a licensed Civil Engineer and provided to the City of Banning on Mylar.
RICK will provide the City of Banning a Final set of Project specifications based on final comments from the City of Banning following the SPPWC. RICK will also provide a final opinion of probable cost and bid schedule based on the signed waterline plans.
Deliverables -( all via the city's SmartGov platform): PDF of the preliminary design plans, the preliminary opinion of probable costs, and the Standards and Specifications
Exhibit "A'1 - 9
804
Task 5. Easement Documents
5.1 Easement Documents
EXHIBIT" A"
RICK will prepare a legal description and plat for each easement for three (3) permanent easements to be granted to the City of Banning and ten (10) temporary construction easements that are required for reconnection of existing private water systems to the new water main. RICK will obtain and review title reports for the thirteen ( 13) affected properties.
RICK assumes three (3) permanent easements to be granted to the City of Banning and ten (10) Temporary Construction Easements for reconnection of existing private water systems to the new water main.
Assumptions:
Assumes up to 13 tax parcels owned by 13 unique entities are impacted by temporary construction easements ( TCE's) and/ or permanent easements.
Scope does not include any discussions with property owners.
No appraisal work or negotiations included.
Consultant is providing legal description and plat for the 13 easements only.
Deliverables -( all via the city' s SmartGov platform): Easement documents ( legal description and plat) and up to 13 preliminary title reports.
Task 6. Stormwater Pollution Prevention Plan
6.1 Stormwater Pollution Prevention Plan
The Risk Type 1 LUP SWPPP will be prepared in accordance with the requirements of the Appendix Eof the National Pollutant Discharge Elimination System ( NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities Order WQ 2022- 0057- DWQ NPDES No. CAS000002 ( adopted September 8, 2022, effective September 1, 2023).
RICK will prepare a Risk Type 1 LUP SWPPP based on the project' s assumed Risk Type.
This task will also include the preparation of a Notice of Intent (NOi) on the Storm Water Multi Application Report Tracking System ( SMARTS) database. The Discharger must designate RICK as a Data Entry Person to prepare the NOi. The Discharger/ LRP must electronically certify and submit the NOi on SMARTS.
Exhibit "A" - 10
805
EXHIBIT" A"
RICK will act as the initial Qualified SWPPP Developer ( QSD) for the preparation of the SWPPP, however the Discharger must hire a QSD and a Qualified SWPPP Practitioner ( QSP) for implementation of the SWPPP throughout the life of the project.
Based on the provided bid package this project is assumed to be a Risk Type 1 LUP based on the following assumptions:
1. More than 70% of the soil disturbance will occur on paved surfaces; and
2. Areas that are disturbed will be returned to pre- project conditions at the end of each day.
Deliverables -( all via the city' s SmartGov platform): SWPPP ( erosion control plan submitted via drawing submittals)
Task 7. Construction Surveying and Staking
7.1 Phase One Water Stakes
RICK will maintain horizontal and vertical control for the duration of the surveying work on this project. RICK will also provide required calculations to field crew for each survey request received.
RICK will provide one set of stakes at all primary points of control; beginning and ends of pipe and at not less than 50' on center along tangent sections and 25' on curves to facilitate the construction of approximately 2,600 LF of water mainline.
RICK will also provide not more than two (2) stakes each; to facilitate the location of services, fire hydrants, and points of connection.
Water stakes to be set in three ( 3) trips.
Deliverables - Construction Staking Cut Sheets
7 .2 Phase Two Water Stakes
RICK will provide one set of stakes at all primary points of control; beginning and ends of pipe and at not less than 50' on center along tangent sections and 25' on curves to facilitate the construction of approximately 2,700 LF of water mainline.
RICK will also provide not more than two (2) stakes each; to facilitate the location of services, fire hydrants, and points of connection.
Water stakes to be set in three ( 3) trips.
Deliverables - Construction Staking Cut Sheets
Exhibit " A" - 11
806
EXHIBIT"A"
7.3 Phase Three Water Stakes
RICK will provide one set of stakes at all primary points of control; beginning and ends of pipe and at not less than 50' on center along tangent sections and 25' on curves to facilitate the construction of approximately 1,900 LF of water mainline.
RICK will also provide not more than two (2) stakes each; to facilitate the location of services, fire hydrants, and points of connection.
Water stakes to be set in three ( 2) trips.
Deliverables - Construction Staking Cut Sheets
Task 8. Bidding/ Construction Support - Phase 1 Only
8.1 Bidding
RICK will be available during the advertising and bidding of the project to assist the City of Banning in answering questions/ Rfl's and the preparation of plan addenda, if needed. RICK will attend one (1) pre-bid meeting for the bidding process.
Deliverables- Meeting attendance, responses to Bidder' s RFl's
8.2 Construction Administration
RICK will be available during the construction of the project to answer RFl's and prepare plan addenda, if needed. RICK will attend one (1) pre-construction meeting and eight (8) site visits during construction of the project as requested by the city. RICK will review shop drawings and submittals from the contractor for conformance with the contract plans and specifications, and make recommendations for acceptance, denial or resubmittal.
Deliverables- Meeting attendance, response to Contractor' s RFl's, design addenda, submittal reviews
8.3 As-Built Plans
RICK will prepare As-Built Plans and process with the City of Banning, as necessary. Scope assumes RICK will receive as-built letters from the contractors and the contractor' s as-built plan markup' s. Scope assumes no major changes have occurred and does not include any as-built survey time. As-built plans will be submitted to the City within one month of receiving as-built letters and markup' s from the contractor.
Deliverables - As-built Plans
Exhibit "A" - 12
807
EXHIBIT" A"
Additional Services ( If Needed Services)
Corrosivity Assessment
Rick's subconsultant, RF Yeager will prepare a corrosivity assessment for the proposed waterline, that will include a field resistivity testing, a review of the Geotech/ soil chemical analysis data, a review for the potential of stray current interference, and a Corrosivity Assessment Letter Report. This information will be used for the determination of the type of corrosion protection and if any cathodic protection for the pipeline would be required and the corrosion control approach that the City may want to implement.
Deliverable - Corrosivity Assessment Letter Report
Corrosion Control Design
As part of the 90% design plans, RICK' s subconsultant, RF Yeager, will provide Corrosion Control Design as part of the plans if Client requires joint bonds, test stations, insulators, and other standard corrosion control facilities. It is recommended the Client to use joint bonds, test stations, and insulators ( steel or DIP) such that the pipeline is made electrically continuous and test stations are installed at the side of the road. This allows for monitoring and for adding cathodic protection in the future ( should soil conditions/ pipeline environment change) and will be much less costly because the pipe is electrically continuous and test stations are already installed. Corrosion control detail sheets, specifications, and cost estimate is included.
Cathodic Protection Design Pipeline
If it is found that Cathodic Protection is required, RICK' s subconsultant, RF Yeager, will review the waterline plans, provide comments, and corrosion control design analysis/ calculations. Details and specifications will be included. A cathodic protection system cost estimate will be included. RF Yeager will then address the 90% plan comments and provide final 100% design documents. Once approved for final signature, RF Yeager will sign and stamp the final drawings. Cathodic protection detail sheets, specifications, and cost estimates are included.
Deliverables - Corrosion control design analysis/ calculations, specifications, and cost estimate.
Hydraulic Analysis
RICK' s subconsultant, Dexter Wilson Engineering, will perform hydraulic modeling for the waterline sizing for the project site, if City does not provide the waterline Exhibit "A" - 13
808
EXHIBIT" A"
s1zmg. It is assumed City will provide the necessary information to run the modeling.
Caltrans Encroachment Permit
RICK will prepare one ( 1) Caltrans encroachment permit application for the traffic control devices ( i.e. advance signage) that are within the Caltrans right- of- way ( ROW) along Sunset Avenue in the vicinity of 1-10. For the Caltrans encroachment permit application, the traffic control plans are assumed to be submitted to Caltrans in City of Banning format and will include a Caltrans signature block on the plans.
Plan Processing and Coordination ( Caltrans)
RICK will submit and process the traffic control plans with Caltrans District 8. It is assumed that \ JP to two ( 2) sets of plan check review comments will be received, coordinated, and addressed.
Monument Preservation
Pursuant to Section 8771 of the Business and Professions Code, preconstruction corner records will be prepared and filed identifying recovered survey monuments within the proposed construction limits. Post construction corner records will also be filed reflecting replacement monuments.
Deliverables - Pre and Post construction corner records Monument Replacement
RICK will replace destroyed survey monuments at the completion of the construction with the project limits.
Record of Survey
Pursuant to 8762 of the Business and Professions Code the filing of a Record of Survey shall be filed if the survey discloses " the establishment of one or more points or lines not shown on any subdivision map, official map, or record of survey, the positions of which are not ascertainable from the inspection of the subdivision map official map or record of survey.
Exhibit " A" - 14
809
Exhibit " A"
III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Consultant will keep City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/ or teleconferences.
b. Email updates/ questions to applicant team and City while reviews are underway.
c. Conference calls.
IV. All work product is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted by City.
Exhibit " A"- 15
I 1303- 0008\ 2450682v I.doc
810
EXIDBIT " B"
SPECIAL REQUIREMENTS
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute " public works" as defined in Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code (" Chapter 1 "). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and ( b) the rules and regulations established by the Department of Industrial Relations DIR") implementing such statutes. Therefore, as to those Services that are " public works," Consultant shall comply with and be bound by all the terms, rules and regulations described in l(a) and 1 (b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725. 5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725. 5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.
4. Pursuant to Labor Code Section 1771. 4, Consultant' s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773. 2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit 200. 00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
Exhibit " B"- 1
l l303- 0008\ 2450682v I .doc
811
8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777. 5, 1777. 6 and 1777. 7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations.
Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777 .1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Agreement pursuant to Labor Code Section 1777 .1 or any other federal or state law providing for the debarment of contractors from public works. If the Consultant or any subcontractor becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day' s work.
Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $ 25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one- half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
Date ______ Signature ___________ _
Exhibit " B" -2
I 1303- 0008\ 2450682v I.doc
812
12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor' s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including, without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.
Exhibit " B"- 3
I1303- 0008\ 2450682v I.doc
813
EXIDBIT " C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Scope of Services at the rates stated in Exhibit C-1.
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub- budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
III. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the Services performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved sub- contractor labor, supplies, equipment, materials, and travel properly charged to the Services.
IV. Consultant' s billing rates for all personnel are attached as Exhibit C-1.
Exhibit " C"- 1
l1303-0008\2450682v I.doc
814
EXHIBIT "C-1 "
CONSULTANT'S BILLING RATE AND TASK SCHEDULE
RICK
E 'OTNF.F.Rl'-17 ( :o~fPANY
Prim: ipa l Con ult11n1 ( Spec ial Project:;) .................................. S300.00 Prim:ipal .......... ............... .... . .................................... 260.00 Assoc iate' Principal .................................................................... 240 .00 Associa te: fananer ................................................................... 22.S.OO Expe rt Wiln ess .......................................................................... 450.00 Coort Appe a.ra nct' fl'C'I' half day or part .................................... 1.800.00 S<'llior Proja: 1 ~ a nagc r ......................................................... S225. 00 Principa l Project En •inrer/ Managcr ......................................... 210.00 Assoc iate Project En • inecr' Managc r.. .................. . ............... 190.00 Ass i,tanl Project Engineer/ Mana ! er .......................................... 175.00 Princi p.al En •inoc:rin , Dcs i!,'ller ................................................ 155.00 Assoc iatt' Engine ering Ik-;.ii,,' Tler. .............................................. 140.00 A ·i,twit En;;inecri ng De-signer ................................................ 130.00 Princ ipa l Ensinec: rins Dru rtcr..................................... lr . oo Assoc iate: Eng inec:ring Drafter............................... 11 5.00 Assi, tant Enginee rin g Draflt'r .................................. 105.00 Senior Trunsporta tion/Tmffa Eng ineer................................... 215.00 Princ ipa lTrunsportalion.' Traflic Eng int't"r ................................. 210.00 Assoc iate Tmnsportatio n/ f ra flic Engineer ................................ 190.00 As.,~lant Tr.insportation/ Trnflic Engineer ................................. 17 . 00 Princ ipal Trun.spurtatiun raflic Desi!,,'Tlt"r ................................. 155.00 Assoc iate Tnmsportat ioruTrafflc Designer ................................ 140.00 Ass i,1ant Transporta tion/Tmllic Des igncr ................................ 130.00 Princ ipa l Commun ity Planner ................................................ S215. 00 Prin cipa lProjt-ct PlanncriMananer ........................................... 200 .00 Arnx·ia tt' Project Planncr' Manager........................ 18 · .00 Senior Pla nn er ........................................................................... I 5.00 A ·oc iate Plann er ................................ . .................. 140.00 Ass i,tanl Planne r ....................................................................... 120 .00 Planning Technician .................................................................... 95 .00 Principa l Projec t Lan dscape Arc hit ect/Manmgcr .................... S190.00 Ass oci ate Projec t Landscape Archi tect/Manager .... 170.00 Assi,tant Project L~d,rnpe ArchitectiManay<' r ..... IS0.00 Pri nc ipa l Lands cape iU,ben Desi mt-r ....................................... 125.00 Assoc iate Lamlscape! Urban De5igner .................... ... 120.00 Ass i,1ant lan d.cape' l.Jib1L11 Designt- r ....................................... 115.00 Pri nc ipal En, iron mt'lllal Prujt-cl Manuger ............................... 5200. 00 A,soc iate Environmenwl Project Manager ............................... 170.00 Ass i,wnt Environmental Proje rl Man a •er ............................... 150.00 Principa l Em ironmenta lSpctiali, L .......................................... 140.00 Asslll·iatt' Enviro nmenLal Spccial i,t ....................... 130.00 Assis tant Environmenta lSpt- ciafat ........................................... 120.00 E.nviru nm enllll Te chnic ian ......................................................... 100.00 Rates , ubject to change fo r pre, ail in • wab"' · ontructs.
When authori2etl. o\crt ime slmll be cbaryed ill the listed rate~ time, 1.5.
Sen iorWotc: r Qualit)' Man agt-r ................................................ 5240. 00 Pri nc ipa lWater Rcsulm: cs De.ignt'r ....................................... 155.00 Assll(· iate Wa ter Resoorccs 0\.-;.i •ner ........................................ 140.00 A,si,.tant Wa tt'r Resources Designer ....................................... IJ0.00 GIS Manager............. . ......................................... 5IIJ0.00 Princ ipal GIS Project Mananer ................................................. 180.00 Assoc iate GIS Project Munu! lt'r ................................................. 165.00 Ass i,tDlltGIS Projc · t Managt• r.. ............................................... 150.00 Prin ci pa l GIS Analyst ............................................................. 145. 00 hsoc iate GIS Anulyst.. ............................................................ 130.00 Ass i,1an1 GIS Analy,1... ............................................................ 120.00 Printi pa l Grupbic, Designer ..................................................... 130 .00 Assoc iate Graphies Designer .................................................... 125.00 Ass istant Graphi cs Dcs iyner ..................................................... 115.00 CA D Ma nayer ........................................................................... I 0.00 Fiel d Supt" r\'iso r ............................................................................. $ 195. 00 One. prnon Su rvey Pa rty ( Prevai li ng Wagt') ............................... 270.00 One- person Su rvey Party w/ Robotics ( Preva1hn g Wage) ......... 270 .00 Two• pe r on Su n ey Party ( Prevaili ng Wage ) .............................. 350.00 Thre e•person Survey Party ( Prevailin g Wagt} ............................ 390.00 3D Lru.c:r Scann ing Cr<" w ( O nc•Person) .................................. 5235. 00 JD La,er Scann ing Crew ( Two Person) ................................... 280 .00 Prin cipal 3D Lu.er Scanning Project Manager ........................ S190.00 Associa te 3D Lase r Scann ing Project Munugcr ......................... 175.00 Assi> 1ant JD Lase rScanning Project Mamiyer .......................... 160.00 Princ ipal 3D Luscr Scannin" Specialisl.. ................................... 140.00 A,sociatc 3D La,er Scannin • Spcc iali,1. ................................... 130.00 Assi, tan t 3D Lase rScunni n , Spl·t:i list ..................................... 120.00 Princi pa l 3D La,er Scanning Techni cian ................................... 115.00 Assoc iate JD La.er Scannin g Tcchnician .................................. 100.00 A,s i,tant 3D Lase r Scann ing Tec hni cian .................................... 90.00 Phofo" ramme try SupM iso r ................................................... SI 85.00 Princ ipal Photo rra m= tri,t ..................................................... 15500 Associa te Photog rummc tri sl ...................................................... 110.00 Ass istant Photogrum me tri,t ..................................................... 11000 Princ ipal Sunry Analyst.. .................................. .
A~soc iate Survey Ana ly,t.. ............................... .
Assis llllll Sun er Analyst .................................. . 185.00
150.00
125.00
Assoc iate Project Administrator...... . ...................... S80. 00 Assi,tanl Proj ect Adm inistrat or .................................................. 70.00 Admin i,trnti,•t' Assi, tant M11nuger ............................................... 75 .00 Unl e;;s oth erw ise agret" ll upon. we sha ll charge for pnnt ing. n:proo ucllon. delive ri es. tra ns po rtatiun. and other expcri. es .
A fifken ( 15) p<.TCt" n t foe for oominis trJt ioo. ~ oordinatio n and hundling 11-ill be ad ded to all ,ubcon1rac1ed se n ice,.
Exhibit " C -1 "- 1
I I 303 -000812450682v I .doc
815
Structural Eng ineer
185 .00 Per Hour
Position
Principal
Senior A.ss,odatt!
Assoc ate
Sen or Analy-st
Analyst
Asslcstant Analyst
Administrative Sup on
General
Houri',< Rates
20S -27S
150, 220
110-170
10S-13S
70-105
60-115
65 -105
URBAN
CROSSROADS
1] Reimbur.. able direct costs, such as reproduct: lon , supplies, and messenger ser \•ice wi I be bi led at cost. 2) Hourly rates app ly to work time, travel tlme , and time spent at public hearings and meetings. For overtime work, t e above rates may be ·nc reased SO peKent.
31 Monthlv bilhng statements are due within thirty [ 30J days or receipt.
TURNING MOVEMENT COUNTS i('TMC)
216 .00 2-hour Peak Per iod Counts Pedestr an & Bicvc es Included 216 .00 4 -hour Peak Pe iod Counts Pedest an & Bicvc es Included 3J9 .00 6-hour Peak Pe riod Counts Pedest nan & Bicvc es Included B1-DtRECTIONAL VOLUME ( AOTj - TUBE COUNTS
100 .00 24 ours ( 1-dav )
200. 00 48 ours ( 2-dav)
300 .00 7l ours ( 3-day)
400. 00 96 ours ( 4-day )
500. 00 120 ho'l.lrs jS-<layJ
600 .00 144 hoJJrs 16-<layl
700 .00 l6S hours 17-<layl
Bl-DIRECTIONAL SPEED OR CLASSIFICATION - TUBE COUNTS
198 .00 24 ours ( I-day)
396 .00 48 ours ( 2-day )
59<1 .00 72 ours ( 3-dav )
792 .00 96 ours ( 4-day)
990 .00 120 hoJJrs 15-< layl
1 ,18S.OD 14-'l ou rs [6-dav)
1 ,386. 00 168 ou rs 17-day)
OTHER STUDIES - QUOTES BASED ON SCOPE
F>edestrian Gap Studies
F>ar ing Dur ation Studies
Video urning Movement Counts
Radar Stud es Non Intrusive
rave Time Studies GPS
Many more customiLed stud es avai ble
INN
II303- 0008\ 2450682v I .doc
tl H OF IIAN! tj l NG I
Exhibit " C- l "-2
V r cityTraffic Group
816
EXIDBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely, and deliver the specified tangible work products to City in accordance with the schedule attached as Exhibit D-1.
Il. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.
Exhibit " D" - 1
l 1303- 0008\ 2450682vl. doc
817
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TASK DESCRIPTION:
TASK 1- PROJECT MANAGEMENT
1.1Kick- off Meeting and ProJect ManaCjefTlelll
1.2 Progress Meetings
1.3 Invoi cing
SUBTOTAL TASK 1:
Task 2 -Projecr Developmenr
2.1 Utiity Research , Base Mawing & Site Reconnaissance
2.1.1Pnljlerty Research
2.11 Supplemental Field Tooooraphy
2.1.3 Aerial ToP09f31) hy
2.2 Potholing · C BelOW
2.3 Gectecliruc31 study · Geocon
SUBTOTAL TASK 2:
Task 3 -Preliminary Enginee1ing Design
3.1 Prelmilary Design Plans ( 30"' design ) - Civil
Conceptual Staging Plan - Traffic
3.2 Prelim ilary Design Plans ( 60"' design ) - Civil , Dexter Wasoo Prelinilary Design Plans ( 60"' desian ) - Traflic
3.3 Detailed Design Pt.-is (90'! 1 design ) - CM, Dexter Wilson Detaled Design Pl.-is (OO'!I design )· Traffic
SUBTOTAL TASK 3:
Task 4 -Final Design Plans, ~ pecif,carions and fslimaie ( 100¼ Desian)
4.1 F11131 Water Plans · CIVI. De xter Wilson
Final Water Plans- Trafic
SUBTOT Al TASK 4:
PrincipM ~,
5275. 00 $ 260. 00
2 2
0 4
0 0
2 4
2 4
1 2 4
1 6 14
1 4
1 1 5
EXHIBITB
RA.\ISEY STREET WATER MAIN PROJICT
St -~ • $
240. 00 $ 220. 00 $ 200. 00 $ 165.00 $ 135. 00
24 33
8 0 65 0 0 0
20 32 40
8 8
8 20 0 32 48
12 50 80
4 16
20 80 100
3 36
16 60 88
2 23
0 41 9 190 343
12 24 40
3 12
0 12 3 24 52
220. 00 5360. 00 $ 195. 00
0 0 0
24 40
40 2
24 6
0 88 48
0 0 0
0 0 0
M --& p, n,..
5,800 .00
7,780. 00
1,760.00
S 15,340.00 $ s
15,080. 00
S 19,440. 00
S 14,790.00
s 9.81 0.00 S 15,000. 00
s $ 92 ,195.00
s $ 12, 875. 00
59,120.00 S 105, 070.00 S 15,000.00
23, 280. 00 S 2,990. 00
s 2,960. 00
32, 690. 00 S 2,150. 00
s 5,720. 00
26 ,890. 00 S 1,075. 00
s 3.765.00
S 95,305. 00 S 6,215.00 S
S 13,315. 00 $ 64 5.00
s 2,480. 00
15,795.00 $ 645. 00 S
Task
ToraKSJ;
5,800. 00
7,700. 00
1,760. 00
15,340.00
S 15 ,080. 00
S 19 ,440. 00
14, 790. 00
S 24,810. 00
S 92 ,195. 00
S 12 ,875.00
179, 190.00
S 26.270. 00
s 2,960. 00
S 34,840. 00
5,720. 00
S 27,965. 00
s 3,765. 00
101 ,520. 00
13,960. 00
2,400.00
16,4-40.00
C
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TASK DESCRIPTION:
Un,,m,flalf
Task 5 • Easemenr Documenrs
5.1Easement Documents
SUBTOTAL TASK 6:
Task 6 • Smrmwaret Pollurion Prevemion Plan
6.1Stormwater PolkJOOll Prevention Plan
SUBTOTAL TASK 6:
Task 7 • Consuuclion Surveying and Sraking
7.1 Phase One Water stakes
7.2 Phase Two Water Stakes - 3slaking days
7.3 Phase Tiree Water Stakes - 2slaking days
SUBTOTAL TASK 5:
Task 8. Bidding!Consuucrion Suppon . Phase 1only
8.1Bkldng
8.2Construcooo Administration
8.3As-Blilt Plans
SUBTOTAL TASK 7:
Reimbursables
SUBTOTAL TASKS 1-7:
Princip, I ~
275. 00 $ 26000
0 0
0 0
0 0
2 1
0 3
0 0
1 26
EXHIBITB
RA.\ISEY STREH WATER MAIN PROJIC1
A .. ociar. • • ~ -$
240. 00 $ 220. 00 $ 200. 00 $ 165. 00 S135 .00
26 26 0 0 0 0
6 32
0 6 0 32 0
10 0 0 0 0 10
1 4
32 12
1 1 6
0 34 0 17 6
0 0 0 0 0
34 185 12 295 459
sJ:.kl,.., ~ D' ' tff Subcon...tint,; & pens .. Task
ToraffSJ:
220. 00 $ 360. 00 $ 195 .00
130 $ 31 ,590. 00 $ 9,750. 00 S 41 , 340. 00
0 0 130 $ 31,590.00 $ $ 9,750. 00 $ 41,340.00
S 6,60000 $ 6,600. 00
0 0 0 $ 6,600. 00 $ $ S 6,600.00
2 24 $ 10, 430. 00 S 10, 430. 00
s
s
2 24 0 $ 10,430. 00 $ $ $ 10,430. 00
880. 00 s 880. 00
S 9,540. 00 $ 1,160. 00 S 10, 700. 00
S 1,455. 00 s 1,455. 00
0 0 0 $ 11,875. 00 S 1,160. 00 S $ 13,035.00
S 3,000. 00 $ 3,000. 00
0 0 0 $ $ $ 3000. 00 $ 3000.00
2 112 178 $ 246, 055. 00 $ 113 090.00 $ 27 750. 00 $ 386,895. 00 819
0 6
0 0
00 .:, ....
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TASK DESCRIPTION:
11,1,
Addilional SelVices Of needed)
Additional Potholing (daily rate ) · CBelow
CorrositMty Asssessment - YF Yeager
Corrosion Control Design - YF Yeager
Cathodic Protecilon Design Pipeline - YF Yeager
Hydraulic Analysis - Dexter Wilson
Caltrans Encroachment Permn Appficalioo
Caltrans Processing and COordination
Phase 1Monument Presel\'ation
Phase 1Monument Replacement
Record of Survey
EXHIBITB
RA.\ISEY STREET WAITR MAIN PROJECT
Mioc:iare • - r,:,;,g{I: •
S275.00 $ 260.00 $ 240.00 S220.00 $ 200.00 $ 165.00 $ 135.00 1H -& pens .. Task
Tora/ISi :
22000 $ 360.00 $ 195.00
s S 12,725.00 S 12,725.00
s s 4,980.00 s 4,980 .00
s S 12,180.00 S 12,180.00
18,400.00 S 18,400.00
s $ 3,480.00 $ 3,480.00
s 1,480.00 $ 1,480.00
2,020.00 s 2,020.00
3,120.00 s 3,120.00
s 5,980.00 s 5,980.00
15,000.00
820
821
822
823
824
825
AGREEMENT FOR PROFESSIONAL SERVICES (C00931) FOR DESIGN OF
RAMSEY STREET WATER MAIN BY AND BETWEEN CITY OF BANNING AND GLENN A. RICK ENGINEERING & DEVELOPMENT CO. DBA RICK
ENGINEERING COMPANY
THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made and entered into this day: ___________________, (“Effective Date”) by and between the CITY OF BANNING, a California municipal corporation (“City”) and Glenn A. Rick Engineering & Development Co., a California Corporation, dba Rick Engineering Company. (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought by issuance of a Request for Proposals (RFP No. 23-036) from the bench of prequalified Engineers (RFQ-22-007), the performance of the services for the Design of Ramsey Street Water Main and as further defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by City to perform those services.
C. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
D. Pursuant to the City of Banning’s Municipal Code, City has authority to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “Services” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Consultant covenants that it shall follow the highest professional standards in 2344655v8
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performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code. Therefore, as to those services that are “public works,” Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B hereto.
1.2 Contract Documents and Exhibits.
This Agreement includes the Request for Proposal and Consultant’s accepted proposal (“Contract Documents”), both of which are on file with the City and incorporated herein by this general reference as though fully set forth herein. Exhibit A (Scope of Services), Exhibit B (Special Requirements), Exhibit C (Schedule of Compensation), and Exhibit D (Schedule of Performance) also constitute a part of this Agreement and are incorporated into this Agreement by this reference. Except as set forth in Section 1.10 regarding Exhibit B, this Agreement controls over the Contract Documents and the provisions in Exhibits A, B and C.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered, and shall render all Services hereunder in accordance therewith.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain and maintain during the term of this Agreement, at its sole cost and expense, all necessary licenses, permits, certificates and approvals required by law for the performance of Services under this Agreement, including a City business license. Consultant shall have the sole obligation to pay for all fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for Consultant’s performance of the Services required by this Agreement. Consultant shall indemnify, defend and hold harmless City, its officers, employees or agents, against all such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Services.
By executing this Agreement, Consultant warrants that Consultant: (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities and any difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions existing therein, prior to commencement of Services hereunder. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer (defined in Section 1.12. A).
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1.6 Prevention of Loss and Damages.
Consultant shall adopt reasonable methods during the Term (defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.
1.7 Further Responsibilities of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonable necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible to perform the Services of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra services beyond that specified in the Scope of Services or to make changes by altering, adding to or deducting from the Services. No such extra services may be undertaken unless a written order is first given by the Contract Officer to Consultant, which written order incorporates therein an adjustment in (i) the Contract Sum (as defined in Section
2.1), and/or (ii) the Schedule of Performance, (as defined in Section 3.2), and which written order is approved in writing by Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum, or $25,000, whichever is less; or in the Schedule of Performance of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to Services which are specifically set forth in the Scope of Services or which are reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
1.9 Facilities and Equipment.
Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the Services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as City deems, in its sole discretion, to be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to a computer, long distance telephone, network data, internet or other communication charges, vehicles and reproduction facilities.
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2165 828
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1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.
1.11 Corrections.
In addition to the indemnification obligations set forth in Article 4, and Sections 1.4, 1.13,
5.3, 5.4, and 6.3, Consultant shall correct, at its expense, all errors in the Services which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction(s) in a reasonably timely manner, such correction(s) may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction(s) from any retention amount held by City, or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction(s), as provided in Section 6.3.
1.12 Party Representatives.
A. Contract Officer: For the purposes of this Agreement, the Contract Officer shall be the City Manager, or such other person designated in writing by the City Manager (“Contract Officer”). Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.
B. Principals and Personnel of Consultant.
1) Consultant Representative: The following principal of Consultant is hereby designated as being the Consultant Representative authorized to act on Consultant’s behalf regarding the Services specified herein and make all decisions in connection therewith:
Name Title
Richard O’Neill Associate Principal
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Consultant Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Consultant Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Consultant Representative. For purposes of this Agreement, the foregoing Consultant Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Consultant without the express written approval of City. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer.
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2) Consultant’s Personnel: Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement.
Consultant shall notify City of all changes in Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or sub-contractor of Consultant, City shall give notice as set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.
1.13 Independent Contractor.
A. Consultant is an independent contractor and not an employee of City.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. All Services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services. Any additional personnel performing Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
B. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.
1.14 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, the Consultant Representative and employees were a substantial inducement for City to enter into this Agreement.
Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2167 830
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Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in Exhibit C-1 and the not-to-exceed sub-budget rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than Three Hundred Eighty-Six Thousand Eight Hundred Ninety-Five ($386,895.00) (the “Contract Sum”). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion of the Services, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Consultant’s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit C. Reimbursable expenses may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual sub-contractor expenses of an approved sub-contractor pursuant to Section 1.14, and only if specified in the Schedule of Compensation.
2.4 Unauthorized Services and Expenses.
City will not pay for any Services or reimburse for any expenses incurred which are not specified in the Scope of Services, unless authorized in writing as set forth in Section 1.8 of this Agreement. City shall make payment for such authorized additional Services and expenses in accordance with Article 2 of this Agreement.
2.5 Invoices.
Each month Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section III of Exhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2168 831
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Agreement. Consultant shall not invoice City for any duplicate Services performed by more than one person.
City shall independently review each invoice submitted by Consultant to determine whether the Services performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice, except as to any charges for Services performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 6.3. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City of any invoice provided by Consultant shall not constitute waiver of any rights or remedies provided herein or any applicable law.
2.6 Waiver.
Payment to Consultant for Services performed pursuant to this Agreement shall not be deemed to waive any defects in Services performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant. Such unforeseeable consequences include, but are not restricted to, acts of God or public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer 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 Contract Officer such delay is justified, subject to the provisions of Section 1.8. The Contract Officer’s determination (or the City Council’s determination, in the event the period of enforced delay exceeds the period specified in Section
1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2169 832
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be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Consultant’s sole remedy shall be the extension of the Agreement pursuant to this Section.
3.4 Term.
The Term of this Agreement shall be from the Effective Date through June 30, 2024, unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections
1.8 and 3.3 of this Agreement. Maximum term and any subsequent amendment or modification shall not exceed five (5) years.
ARTICLE 4. INSURANCE AND INDEMNIFICATION
4.1 Minimum Scope and Limits of Insurance.
Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
A. Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, members, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
B. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy.
C. Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.
D. Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in the aggregate.
4.2 Acceptability of Insurers.
The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2170 833
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edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Article.
4.3 Additional Insured.
The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.
4.4 Primary and Non-Contributing.
The insurance policies required under this Article shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
4.5 Consultant’s Waiver of Subrogation.
The insurance policies required under this Article shall not prohibit Consultant and Consultant’s employees, agents or sub-contractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
4.6 Deductibles and Self-Insured Retentions.
Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City; or Consultant shall procure a bond guaranteeing payment of losses and expenses.
4.7 Cancellations or Modifications to Coverage.
Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Article during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Article is canceled or reduced in coverage or limits, Consultant shall, within two (2) Business Days (as defined in Section 8.12) of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
4.8 City Remedy for Noncompliance.
If Consultant does not maintain the policies of insurance required under this Article in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Article, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
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4.9 Evidence of Insurance.
Prior to the performance of Services under this Agreement, Consultant shall furnish the City Clerk with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Article. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with the City Clerk.
Consultant shall provide proof to the City Clerk that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
4.10 Indemnity Requirements not Limiting.
Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under this Agreement.
4.11 Sub-contractor Insurance Requirements.
Consultant shall require each of its sub-contractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Article.
4.12 Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnification of City.
1) Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify, and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c). 2) Other Indemnities. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify 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 and all costs associated therewith and the payment of all consequential DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2172 835
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damages (collectively “Claims”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
3) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.
City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.3. 4) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities and Claims, in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s sub-contractor, its officers, agents, servants, employees, sub-contractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s sub-contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities and Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Article, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Article shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
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D. Survival of Terms. Consultant’s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement.
ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION
5.1 Service Records.
Consultant shall keep, and require sub-contractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder (the “Service Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Service Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the Service Records may be given to City, and access shall be provided by Consultant’s successor in interest (“Consultant’s Successor”). If custody of the Service Records is given to Consultant’s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant’s Successor. The notice shall include contact information (address and telephone number) for Consultant’s Successor, and access shall be provided to City by Consultant’s Successor.
5.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Consultant shall promptly notify the Contract Officer of that fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
5.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Consultant Documents”) prepared by Consultant, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/or use of uncompleted Consultant Documents without specific written authorization by Consultant will be at City’s sole DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2174 837
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risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All sub-contractors shall provide for assignment to City of all Consultant Documents prepared by them; and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
5.4 Confidentiality and Release of Information.
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
B. Consultant, its officers, employees, agents or sub-contractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
C. If Consultant, or any officer, employee, agent or sub-contractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.
D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub-contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite the response.
ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION
6.1 California Law.
This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2175 838
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court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
6.2 Disputes; Default.
A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6.7, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten (10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance.
In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
B. In the event of termination pursuant to this Section, City may take over the Services and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City as provided in Section 6.3.
6.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement): (i) any payment amount of which may be in dispute hereunder or which is necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, (ii) all amounts retained pursuant to the provisions of Section 4.8, (iii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement, and (iv) all payments due or that become due to Consultant during the period that Consultant or any of its sub-contractors fail to maintain any required insurance in full force and effect, until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City, as provided in Section 4.9, above. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.
6.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2176 839
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Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing, and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
6.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
6.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action against City under this Agreement.
6.7 Termination Prior to Expiration of Term.
This Article 6 shall govern any termination of this Agreement except as specifically provided in Section 6.2 for termination for default of Consultant. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of Consultant, the period of notice may be a shorter time as may be determined by the Contract Officer. In addition, Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of City, the period of notice may be a shorter time as Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where Consultant has initiated termination, Consultant shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 6.3. In the event Consultant has initiated termination, Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 6.2.
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6.8 Attorneys’ Fees.
In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
7.1 Non-liability of City Officers and Employees.
No officer or employee of City shall be personally liable to Consultant, or Consultant’s Successor, in the event of any default or breach by City or for any amount which may become due to Consultant or Consultant’s Successor, or for breach of any obligation of the terms of this Agreement.
7.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub-contractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of City shall have any direct or indirect financial interest in this Agreement within the scope of Government Code section 1090, nor shall any such officer or employee make, participate in making, or use his or her official position to influence, any City decision relating to the Agreement which has a material financial effect on his or her financial interests or the financial interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given, and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Consultant and its officers, employees, associates and sub-contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and subcontractors shall not, without the Contract Officer’s prior written approval, perform services for another person or entity for whom Consultant is not currently performing services that would DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2178 841
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require Consultant or one of its officers, employees, associates or sub-contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.
7.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, or ancestry in the performance of this Agreement.
Consultant shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.
7.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of Services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 8. MISCELLANEOUS PROVISIONS
8.1 Notices.
Any notice, demand, request, document, consent, approval, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on confirmed delivery by courier service or overnight delivery service during Consultant’s and City’s regular business hours; or (b) three (3) Business Days after deposit in the United States mail, by certified or registered mail, and addressed to the Party to be notified as set forth below:
If to City Attn: Nathan Smith
Deputy Director of Engineering
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
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With a courtesy copy to: Serita R. Young, City Attorney Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: [email protected]
If to Consultant: Attn: Rick O’Neill
Rick Engineering Company
1770 Iowa Avenue, Suite 100
Riverside, CA 92507
8.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
8.4 Integration; Amendment.
This Agreement, and all exhibits referred to in this Agreement, constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. No amendment to or modification of this Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by Consultant and by City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
8.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Mutual Cooperation.
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A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
8.7 No Third Party Beneficiaries Intended.
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
8.8 Final Payment Acceptance Constitutes Release.
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s Services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or Services performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the Services prepared by Consultant, its employees, sub-contractors and agents.
8.9 Non-Appropriation of Funds.
Payments to be made to Consultant by City for Services performed within the current fiscal year which are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
8.10 Headings.
The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
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8.11 Word Usage.
Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
8.12 Business Days.
“Business Days” refers to days that the Banning City Hall is open for business.
8.13 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i): such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of that Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
8.14 Electronic Signatures.
Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BANNING CONSULTANT
Douglas Schulze, Date
City Manager
NAME: Date
TITLE:
NAME: Date
TITLE:
ATTEST:
Tax ID No.
Caroline Patton Date
Deputy City Clerk
Address:
APPROVED AS TO FORM:
Richards, Watson & Gershon
City Council Approval:________________
Serita R. Young Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 11/8/2023
Richard O'Neill
Riverside, CA 92507
Rick Engineering Company
11/10/2023
1770 Iowa Ave, Suite 100
95-1859899
Associate Principal
11/15/2023
11/14/2023
11/15/2023
2183 846
Exhibit “A”-1
11303-0008\2450682v1.doc
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing Engineer Design Services prepared in connection therewith:
II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2184 847
SCOPE OF WORK
Rick Engineering Company (RICK) will perform the following services in connection with providing the design of a new ductile iron pipe (size TBD by city) water main in Ramsey Street between Sunset Avenue and Highland Home Road based on the following scope of work.
Task 1. Project Management
1.1 Kick-off Meeting and Project Management
After execution of the contract, Rick Engineering Company (RICK) will schedule and attend a kick-off meeting with the City of Banning (City) to discuss the project scope, goals, preliminary findings and alignment selected by the City, finalize the project schedule, and identify available as-built plans and studies. RICK will prepare the meeting agenda and provide the team with meeting minutes following the meeting.
RICK will provide project management of the project that includes preparation and maintenance of a project specific Work Plan. The Work Plan will include details of methodology of design, sequence of tasks lists of deliverables, milestone submittal schedule, summary of organizational responsibilities, and a communication plan with contacts of all team members. Additionally, RICK will provide utility coordination with the utility providers that have utilities along the alignment, and perform quality assurance and quality control prior to each milestone submittal, and in conformance with federal, state, and city standards.
Deliverables – Meeting agenda and minutes, Work Plan
1.2 Progress Meetings
RICK will schedule monthly progress meetings with the City and project team, that will be face to face or virtual, and facilitate additional meetings with the City departments/stakeholders as needed for the project during the project duration.
Scope assumes 8 monthly meetings, that includes milestone design review / comment resolution meetings and an additional 3 project meetings.
RICK will prepare agendas and minutes for the meetings, distribute the minutes, and will also provide a monthly progress report to be included with the monthly invoice.
Deliverables – Meeting agendas and minutes
EXHIBIT "A" Exhibit "A" - 2
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2185 848
1.3 Invoicing
RICK will develop and provide a monthly invoice to the City. The invoice will include RICK labor costs, subconsultant invoices and direct expenses. Direct expenses will be supported by a copy of the receipt if applicable. Invoices shall include details of billed and remaining budget for each task, and will include the monthly progress report of the tasks completed, identify any outstanding issues to be resolved, and upcoming work to be performed.
Deliverable – Monthly invoices and progress reports
Task 2. Project Development
2.1 Utility Research, Base Mapping, and Site Reconnaissance RICK will conduct research with the City of Banning, County of Riverside, and other governing agencies and utility companies for existing plans and maps of the adjacent area to be used for the design of the project.
RICK will conduct a field visit to collect visible information of project site.
Research will consist of the private water systems that will be reconnected to the new/proposed waterline in Ramsey Street and the affected private properties.
RICK will verify existing site data in terms of surrounding street system, geometry, parking, signing and striping, and private improvements and private water system appurtenances on the properties.
RICK will prepare a CAD file based on the boundary survey described below showing the existing utilities discovered in the research.
Deliverables - Photo log for any photos taken, letters to utility companies, utility as-built maps, and an AutoCAD drawing of the existing utilities.
2.1.1 Property Research
RICK will research City of Banning and County of Riverside survey records and record mapping for property and right of way information. RICK will also conduct a field survey to establish street centerline and rights of way of Ramsey Street within the project limits (between Sunset Avenue and Highland Home Road), Omar Street (between Ramsey and W. Jacinto View Road), W. Jacinto View Road (between Omar Street and Winchester Drive), and the property lines of the adjacent private properties and private properties that are affected by the relocation of water services. Survey basis of bearings and coordinates will be California State Plane Coordinates. Survey data and records analysis will be prepared within a CAD file establishing project mapping for centerline and right of EXHIBIT "A" Exhibit "A" - 3
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2186 849
way, including intersecting streets. Base mapping will include existing easements.
Easements will be researched to identify their applicability/inapplicability with new waterline alignments.
Deliverables - Field Review notes, photo log for any photos taken, and an AutoCAD drawing of the rights of ways and centerline.
2.1.2 Site Topography and Surveying
RICK will provide a supplemental field topography along the existing water line points of connection and where needed and the effected private properties (where water systems will be reconnected in Ramsey Street). Consultant will locate and dip existing sewer and storm drain manholes. Topography will be vertically controlled by local published benchmarks.
Deliverables – Field Review notes, photo log for any photos taken, and CAD file with survey points.
2.1.3 Aerial Topography
RICK will provide an aerial topography of the project site consisting of surface utility appurtenances and improvements such as curb, edge of pavement, drainage inlets, valve cans, fences, driveways, mailboxes, utility vaults, power poles, signs, lights, traffic signals, sidewalks, pedestrian ramps, and notable grade features.
Deliverables – 40-scale at 1-foot contours
2.2 Potholing
RICK’s subconsultant, C Below, will perform potholing for the project. C Below will perform forty (40) potholes as indicated in the RFP. A standard pothole is 12 in. x 12 in, performed to the top of pipe or encasement with sand backfill and a permanent surface patch. Potholes are assumed to be 5’ in depth. Potholes include water line tie-in points and underground utility crossings. Potholes will also be used to locate the old Highway 99 concrete by setting alignment of potholes perpendicular to Ramsey Street, spaced 10’ on center curb to curb. Alignments will be performed at mid-point of each project phase (3 alignments). C Below will provide a detailed potholing report at the conclusion of the investigation. Service includes Dig Alert Coordination and Delineation, Encroachment permit, vacuum excavation to top of utility, encasement, or stop depth, standard traffic control, 12- inches of hot patching (restored within 30-days of excavation activity), sand backfill, removal of debris, and pothole report. Services not included are slurry backfill, extensive traffic control, flagging for traffic control, sidewalk concrete EXHIBIT "A" Exhibit "A" - 4
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2187 850
panel replacement, and removal of Dig Alert marks.
Standard traffic control includes one lane closure with minimal signage not spanning an intersection.
Prior to potholing, a potholing plan will be developed showing location of potholes for connection points, intermediate points, and location of other underground utilities.
Deliverables – Potholing plan and potholing report
2.3 Geotechnical Study
Geocon is proposing to drill six (6) geotechnical borings up to 15 feet in depth, along portions of the proposed water main alignment, where the subsurface explorations of our 2018 geotechnical investigation cannot supplement. The geotechnical borings will be performed to the observe subsurface soil conditions and collect samples for laboratory testing. We expect that traffic control signage/equipment will be sufficient and flag persons will not be required. Furthermore, we expect that the Banning encroachment permit will be a no fee permit for this project, and that patching of the borings with asphalt concrete cold-patch is acceptable.
RICK’s subconsultant, Geocon West, Inc, will consist of:
Mark the planned boring locations and notify Underground Surface Alert of Southern California to mark any subsurface utility locations near the exploration locations. Additionally, the client should provide plans depicting the locations of all utilities in the project area.
Prepare no-fee encroachment permits with the City of Banning for our work. We have assumed a traffic control plan utilizing MUTCD or Watchbook details will be sufficient, and an engineered traffic control plan will not be required. Provide traffic control setup and breakdown at each boring location. We plan to source traffic control signage/equipment for our work and did not include flag persons in this budget.
Drill six (6) geotechnical borings along the portion of the proposed water main alignment that our 2018 subsurface explorations cannot supplement. We will collect bulk and ring samples of the subgrade soil for laboratory testing. Borings will be backfilled with soil cuttings and clean sand, and capped with asphalt concrete cold-patch upon completion. We expect borings of up to 15 feet will be sufficient for design of the proposed water main. Borings will be located so that there is an approximate 500-foot interval maintained between the new borings and 2018 borings, along the proposed water main alignment, to ensure an appropriate standard of care. We have budgeted one day of drilling. Perform laboratory testing which is expected to include in-situ moisture content and dry density determinations, maximum dry density and optimum moisture EXHIBIT "A" Exhibit "A" - 5
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2188 851
content, grain size analysis, corrosion screening, sand equivalent, and direct shear testing. The laboratory testing program will be based on the conditions encountered during the field investigation with respect to the proposed improvements. Our 2018 laboratory test results will be provided as supplemental information for the portion of the proposed water main alignment able to be covered by our 2018 geotechnical investigation.
Prepare a geotechnical report presenting our findings in the field, boring logs, a map depicting the boring locations, a discussion of the geotechnical conditions at the site, and geotechnical parameters for storm drain design.
Assumptions:
The borings can be safely performed in the vicinity of the proposed water main alignment, considering existing utilities are present and to facilitate traffic flow around our drilling operations. Where performing the borings poses a conflict with existing utilities, resulting in an unsafe working environment for property, personnel, and/or motorists/pedestrians, the planned borings will be relocated, as feasible.
This proposal does not include any costs to re-grade, install hot-mix asphalt concrete patching, re-vegetate, landscape or otherwise repair disturbed areas.
Deliverables – Geotechnical report
Task 3. Preliminary Engineering Design
3.1 Preliminary Design Plans (30% design)
RICK will prepare waterline plans for approximately (7,200 LF) for a proposed Ductile Iron pipe in Ramsey Street between Sunset Avenue and Highland Home Road. Plans will be at 40-scale and include plan and profile. Plans will be setup for 3 construction phases:
Phase 1: The waterline between Sunset Avenue to near the property at 3929 W.
Ramsey Street.
Phase 2: The continuation of Phase 1 to Omar Street, then continuing north on Omar to W. Jacinto View Road, and then east to the Winchester Drive intersection.
Phase 3: From Omar Street westerly on Ramsey Avenue to approximately Highland Home Road.
Additionally, RICK will:
a. Collect the data from the utility and property research from scope items above to use as part of the base file for the water plans. Existing utilities will be shown on the plans in locations verified by the potholing above and/or provided by the utility companies. As part of the plan preparation, RICK will contact affected EXHIBIT "A" Exhibit "A" - 6
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2189 852
utility companies to obtain permits if needed (utility fees to be paid by the City of Banning).
b. RICK will arrange and participate in informal meetings as necessary with City staff to review the progress of the project and exchange ideas and information. c. Meetings with the City of Banning will discuss the key design issues and develop general project criteria for construction, including schedule and possible ways of minimizing problems. RICK will prepare and submit meeting agendas prior to the meetings.
d. RICK will provide data received and assumptions utilized to the city for approval prior to integrating the data into the project’s final design. e. RICK will prepare preliminary water plans (30-percent design) using AutoCAD for approximately 7,200 LF of water line (8-inch to 14-inch) to establish an agreement with the City of Banning on project scope, alignment, easements, parameters, hydraulic requirements, maintenance concerns, constructability and construction phasing, traffic impacts, and general disruption to the area. The preliminary design is to be submitted to the City of Banning for review and approval. The preliminary design shall address the following:
a. Pipeline alignment/facility locations
b. Construction schedule and phasing recommendations
c. Construction Cost Estimate of recommended improvements d. Conflicts with other utilities and adjacent facilities in the area e. Traffic and pedestrian control
f. Erosion Control
g. Preferred materials for construction
h. Areas where construction work is limited or controlled. i. Impacts to City water system.
j. Impacts to surrounding business and residential areas. k. Easements (existing and proposed)
l. Corrosion protection (if necessary)
f. The preliminary design will be submitted in PDF format through the City’s SmartGov platform for the City of Banning’s review and concurrence. The design will be at a 30% level of effort. Changes in layout and location of facilities suggested by the city will be investigated. A final layout and location of facilities will then be established.
g. As part of the meetings with the city, discussions and submittals of material will be presented to the city through the preliminary design process to reduce comment time and effort by the city.
It is assumed that the City of Banning will provide the size of the proposed new waterline. A hydraulic analysis is not included with this scope. However, we have provided it as an additional/if needed service.
It is assumed that the majority of the existing waterline will be abandoned in place.
EXHIBIT "A" Exhibit "A" - 7
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2190 853
As part of the 30% design, RICK will prepare a traffic control conceptual staging plan for Phase 1 only identifying the assumed stages for each of the phases as noted in the Request for Proposal. The project Phase 1 proposes to construct approximately 2,600’ of a water main along Ramsey Street from Sunset Avenue to 3929 W. Ramsey Street. It is anticipated that the traffic control conceptual staging plan will be prepared at 40 scale and will identify the proposed linear footage per stage and a description of the work that will be completed.
Deliverables – (all via the city’s SmartGov platform): PDF of the preliminary design plans and the preliminary opinion of probable costs.
3.2 Preliminary Design Plans (60% design)
Rick will prepare plans based on the 30% design and subsequent review comments by the City. Plans include a one (1) cover sheet, two (2) detail sheet, ten (10) plan and profile sheets, two (2) connection detail sheets for private landowners, and one (1) valve shut down sheet if needed, and will show the existing water services and fire hydrants to the new waterline. Due to the existing waterline being at the back of the effected parcels, water meters, backflow devised and related system components shall be moved to front Ramsey off the new proposed waterline. Detail sheets will detail the on-site design connecting to the new line to provide a water system at minimum equal to the existing condition.
RICK’s subconsultant, Dexter Wilson Engineering, will assist in preparation of technical specifications, pipeline material design, pipeline deflection calculations, design of thrust restraining systems, details for phased connections, details for connection to the existing pipeline, peer review of replacement plans, and other pipeline design aspects.
Consultant will incorporate any comments received from the City of Banning on the traffic control conceptual staging plan into the 60% design plans. Consultant will prepare 40-scale traffic control plans for the work associated with the Ramsey Street Water Main for Phase 1 only. The traffic control plans will provide work zones that are staged for construction of the water main, appurtenances, laterals, and any required detours. The one stage of traffic control is assumed as follows:
Phase 1: Sunset Avenue to 3929 W. Ramsey Street. There are assumed 5 stages of traffic control; Stage 1A is to 600’ west of Sunset Avenue; Stages 1B, 1C, 1D, and 1E will be up to 500’ along Ramsey to 3929 W. Ramsey Street.
The traffic control plans will be prepared following the requirements of the California Manual on Uniform Traffic Control Devices (MUTCD) and the City of Banning. Three (3) submittals are assumed – 60%, 90%, and final. Five (5) sheets EXHIBIT "A" Exhibit "A" - 8
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2191 854
of traffic control plans are assumed for Phase 1.
A progress meeting will be coordinated with the City of Banning to discuss the 60% design plans. The meeting will discuss the comments and markups and establish a timeline for the project moving forward.
Deliverables - (all via the city’s SmartGov platform): PDF of the preliminary design plans and the preliminary opinion of probable costs.
3.3 Detailed Design Plans (90% Design)
Rick will prepare the 90% detailed design waterline plans and traffic control plans based on the 60% review comments received from the City of Banning and other entities. Plans shall follow the City of Banning standards and policies.
RICK will prepare project specifications following the Standard Specifications for Public Works Construction, SSPWC, “Greenbook”, latest edition.
RICK will prepare an opinion of probable cost and bid schedule that has construction items of work, unit of measurement, unit cost, and cost based on the detailed design waterline plans.
Deliverables - (all via the city’s SmartGov platform): PDF of the preliminary design plans, the preliminary opinion of probable costs, and the Standards and Specifications
Task 4. Final Design Plans
4.1 Final Water Plans
Upon authorization from the City, RICK will finalize the waterline plans and traffic control plans based on the final comments from the City and other entities. Plans will follow the City of Banning standards and policies. Plans will be signed by a licensed Civil Engineer and provided to the City of Banning on Mylar.
RICK will provide the City of Banning a Final set of Project specifications based on final comments from the City of Banning following the SPPWC. RICK will also provide a final opinion of probable cost and bid schedule based on the signed waterline plans.
Deliverables - (all via the city’s SmartGov platform): PDF of the preliminary design plans, the preliminary opinion of probable costs, and the Standards and Specifications
EXHIBIT "A" Exhibit "A" - 9
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2192 855
Task 5. Easement Documents
5.1 Easement Documents
RICK will prepare a legal description and plat for each easement for three (3) permanent easements to be granted to the City of Banning and ten (10) temporary construction easements that are required for reconnection of existing private water systems to the new water main. RICK will obtain and review title reports for the thirteen (13) affected properties.
RICK assumes three (3) permanent easements to be granted to the City of Banning and ten (10) Temporary Construction Easements for reconnection of existing private water systems to the new water main.
Assumptions:
Assumes up to 13 tax parcels owned by 13 unique entities are impacted by temporary construction easements (TCE’s) and/or permanent easements. Scope does not include any discussions with property owners. No appraisal work or negotiations included.
Consultant is providing legal description and plat for the 13 easements only.
Deliverables - (all via the city’s SmartGov platform): Easement documents (legal description and plat) and up to 13 preliminary title reports.
Task 6. Stormwater Pollution Prevention Plan
6.1 Stormwater Pollution Prevention Plan
The Risk Type 1 LUP SWPPP will be prepared in accordance with the requirements of the Appendix E of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities Order WQ 2022-0057-DWQ NPDES No. CAS000002 (adopted September 8, 2022, effective September 1, 2023).
RICK will prepare a Risk Type 1 LUP SWPPP based on the project’s assumed Risk Type.
This task will also include the preparation of a Notice of Intent (NOI) on the Storm Water Multi Application Report Tracking System (SMARTS) database. The Discharger must designate RICK as a Data Entry Person to prepare the NOI. The Discharger/LRP must electronically certify and submit the NOI on SMARTS.
EXHIBIT "A" Exhibit "A" - 10
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2193 856
RICK will act as the initial Qualified SWPPP Developer (QSD) for the preparation of the SWPPP, however the Discharger must hire a QSD and a Qualified SWPPP Practitioner (QSP) for implementation of the SWPPP throughout the life of the project.
Based on the provided bid package this project is assumed to be a Risk Type 1 LUP based on the following assumptions:
1. More than 70% of the soil disturbance will occur on paved surfaces; and
2. Areas that are disturbed will be returned to pre-project conditions at the end of each day.
Deliverables - (all via the city’s SmartGov platform): SWPPP (erosion control plan submitted via drawing submittals)
Task 7. Construction Surveying and Staking
7.1 Phase One Water Stakes
RICK will maintain horizontal and vertical control for the duration of the surveying work on this project. RICK will also provide required calculations to field crew for each survey request received.
RICK will provide one set of stakes at all primary points of control; beginning and ends of pipe and at not less than 50’ on center along tangent sections and 25’ on curves to facilitate the construction of approximately 2,600 LF of water mainline.
RICK will also provide not more than two (2) stakes each; to facilitate the location of services, fire hydrants, and points of connection.
*Water stakes to be set in three (3) trips.
Deliverables – Construction Staking Cut Sheets
7.2 Phase Two Water Stakes
RICK will provide one set of stakes at all primary points of control; beginning and ends of pipe and at not less than 50’ on center along tangent sections and 25’ on curves to facilitate the construction of approximately 2,700 LF of water mainline.
RICK will also provide not more than two (2) stakes each; to facilitate the location of services, fire hydrants, and points of connection.
*Water stakes to be set in three (3) trips.
Deliverables – Construction Staking Cut Sheets
EXHIBIT "A" Exhibit "A" - 11
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2194 857
7.3 Phase Three Water Stakes
RICK will provide one set of stakes at all primary points of control; beginning and ends of pipe and at not less than 50’ on center along tangent sections and 25’ on curves to facilitate the construction of approximately 1,900 LF of water mainline.
RICK will also provide not more than two (2) stakes each; to facilitate the location of services, fire hydrants, and points of connection.
*Water stakes to be set in three (2) trips.
Deliverables – Construction Staking Cut Sheets
Task 8. Bidding/Construction Support – Phase 1 Only
8.1 Bidding
RICK will be available during the advertising and bidding of the project to assist the City of Banning in answering questions/RFI’s and the preparation of plan addenda, if needed. RICK will attend one (1) pre-bid meeting for the bidding process.
Deliverables – Meeting attendance, responses to Bidder’s RFI’s
8.2 Construction Administration
RICK will be available during the construction of the project to answer RFI’s and prepare plan addenda, if needed. RICK will attend one (1) pre-construction meeting and eight (8) site visits during construction of the project as requested by the city. RICK will review shop drawings and submittals from the contractor for conformance with the contract plans and specifications, and make recommendations for acceptance, denial or resubmittal.
Deliverables – Meeting attendance, response to Contractor’s RFI’s, design addenda, submittal reviews
8.3 As-Built Plans
RICK will prepare As-Built Plans and process with the City of Banning, as necessary. Scope assumes RICK will receive as-built letters from the contractors and the contractor’s as-built plan markup’s. Scope assumes no major changes have occurred and does not include any as-built survey time. As-built plans will be submitted to the City within one month of receiving as-built letters and markup’s from the contractor.
Deliverables – As-built Plans
EXHIBIT "A" Exhibit "A" - 12
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2195 858
Additional Services (If Needed Services)
Corrosivity Assessment
Rick’s subconsultant, RF Yeager will prepare a corrosivity assessment for the proposed waterline, that will include a field resistivity testing, a review of the Geotech/soil chemical analysis data, a review for the potential of stray current interference, and a Corrosivity Assessment Letter Report. This information will be used for the determination of the type of corrosion protection and if any cathodic protection for the pipeline would be required and the corrosion control approach that the City may want to implement.
Deliverable – Corrosivity Assessment Letter Report
Corrosion Control Design
As part of the 90% design plans, RICK’s subconsultant, RF Yeager, will provide Corrosion Control Design as part of the plans if Client requires joint bonds, test stations, insulators, and other standard corrosion control facilities. It is recommended the Client to use joint bonds, test stations, and insulators (steel or DIP) such that the pipeline is made electrically continuous and test stations are installed at the side of the road. This allows for monitoring and for adding cathodic protection in the future (should soil conditions/pipeline environment change) and will be much less costly because the pipe is electrically continuous and test stations are already installed. Corrosion control detail sheets, specifications, and cost estimate is included.
Cathodic Protection Design Pipeline
If it is found that Cathodic Protection is required, RICK’s subconsultant, RF Yeager, will review the waterline plans, provide comments, and corrosion control design analysis/calculations. Details and specifications will be included. A cathodic protection system cost estimate will be included. RF Yeager will then address the 90% plan comments and provide final 100% design documents. Once approved for final signature, RF Yeager will sign and stamp the final drawings. Cathodic protection detail sheets, specifications, and cost estimates are included.
Deliverables – Corrosion control design analysis/calculations, specifications, and cost estimate.
Hydraulic Analysis
RICK’s subconsultant, Dexter Wilson Engineering, will perform hydraulic modeling for the waterline sizing for the project site, if City does not provide the waterline EXHIBIT "A" Exhibit "A" - 13
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2196 859
sizing. It is assumed City will provide the necessary information to run the modeling.
Caltrans Encroachment Permit
RICK will prepare one (1) Caltrans encroachment permit application for the traffic control devices (i.e. advance signage) that are within the Caltrans right-of-way (ROW) along Sunset Avenue in the vicinity of I-10. For the Caltrans encroachment permit application, the traffic control plans are assumed to be submitted to Caltrans in City of Banning format and will include a Caltrans signature block on the plans.
Plan Processing and Coordination (Caltrans)
RICK will submit and process the traffic control plans with Caltrans District 8. It is assumed that up to two (2) sets of plan check review comments will be received, coordinated, and addressed.
Monument Preservation
Pursuant to Section 8771 of the Business and Professions Code, preconstruction corner records will be prepared and filed identifying recovered survey monuments within the proposed construction limits. Post construction corner records will also be filed reflecting replacement monuments.
Deliverables – Pre and Post construction corner records Monument Replacement
RICK will replace destroyed survey monuments at the completion of the construction with the project limits.
Record of Survey
Pursuant to 8762 of the Business and Professions Code the filing of a Record of Survey shall be filed if the survey discloses “the establishment of one or more points or lines not shown on any subdivision map, official map, or record of survey, the positions of which are not ascertainable from the inspection of the subdivision map official map or record of survey.
EXHIBIT "A" Exhibit "A" - 14
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2197 860
Exhibit “A”-15
11303-0008\2450682v1.doc
III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Consultant will keep City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/or teleconferences.
b. Email updates/questions to applicant team and City while reviews are underway.
c. Conference calls.
IV. All work product is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted by City.
Exhibit "A"
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2198 861
Exhibit “B”-1
11303-0008\2450682v1.doc
EXHIBIT “B”
SPECIAL REQUIREMENTS
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works,” Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2199 862
Exhibit “B”-2
11303-0008\2450682v1.doc
8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations.
Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Agreement pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Consultant or any subcontractor becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.
Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Date______________ Signature___________________________ DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2200 863
Exhibit “B”-3
11303-0008\2450682v1.doc
12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including, without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2201 864
Exhibit “C”-1
11303-0008\2450682v1.doc
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Scope of Services at the rates stated in Exhibit C-1.
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
III. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the Services performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved sub-contractor labor, supplies, equipment, materials, and travel properly charged to the Services.
IV. Consultant’s billing rates for all personnel are attached as Exhibit C-1.
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2202 865
Exhibit “C-1”-1
11303-0008\2450682v1.doc
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2203 866
Exhibit “C-1”-2
11303-0008\2450682v1.doc
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2204 867
Exhibit “D”- 1
11303-0008\2450682v1.doc
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely, and deliver the specified tangible work products to City in accordance with the schedule attached as Exhibit D-1.
II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2205 868
Exhibit “D-1”- 1
11303-0008\2450682v1.doc
EXHIBIT “D-1”
PROPOSED PROJECT SCHEDULE
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2206 869
Exhibit “D-1”- 2
11303-0008\2450682v1.doc
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2207 870
Exhibit “D-1”- 3
11303-0008\2450682v1.doc
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2208 871
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Shah Nawaz, Deputy Water/Wastewater Director Art Vela, Director of Public Works
MEETING DATE: February 25, 2025
SUBJECT: Consideration of Resolution 2025-29, Approving a Construction Agreement with Pacific Hydrotech Corporation for Project No. 2022-07W “M-12A Well Site Equipping and Improvements” in the Amount of $2,440,900 and Establishing a Total Project Budget of $2,684,990 and Rejecting All Other Bids
RECOMMENDATION:
Adopt Resolution 2025-29.
BACKGROUND:
The existing Well M-12 is located on Westward Avenue, between Highland Homes Road and Sunset Avenue and is one of many municipal wells that the City had relied on to meet its year-round water demands. The typical water production capacity of Well M-12 was approximately 900 gallons per minute or 1.3 million gallons per day.
In February 2020, City staff discovered that Well M-12 was not producing water. Through various repair attempts, a skilled contractor found that well’s external ‘screened’ casing pipes surrounded by gravel pack and the internal ‘suction’ piping consisting of pump column pipes containing line-shaft and vertical turbine pumps were stuck together and could not be extracted. The well had begun caving in, and consequently, proper abandonment of the well was necessary.
The State Water Resources Control Board’s Division of Drinking Water authorized existing Well M-12’s abandonment and redrilling of a new “Well M-12A”, to meet the City’s increasing demands for potable water. On November 8, 2023 City Council adopted Resolution 2022-13UA, awarding a professional services agreement with Dudek (consultant) for the design of Well M-12A.
The City staff working along with the design consultant Dudek, implemented a phased-construction approach which is typical for new municipal wells consisting of developing the well (testing and drilling, Phase 1), followed by equipping (Phase 2). Subsequently, Dudek prepared and finalized technical specifications for developing new Well M-12A which included drilling, construction, development and testing.
The City released an Invitation for Bids to develop the Well M-12A on August 15, 2023. As a result of this Invitation for Bids, Nor-Cal Pump & Well Drilling , Inc. of Yuba City was awarded the construction contract via Resolution 2023-10UA to develop the well, which was completed in August 2024.
After developing the well, Dudek finalized the plans and specifications to equip the well. The equipping 872
scope of work consists of but is not limited to the installation of well column pipe, vertical turbine multistage pumps, pump discharge header and motor, pump to waste flow control valve, masonry building, motor control panels and main electrical switchgear.
Subsequently, the City finalized the bidding documents and released an Invitation for Bids (IFB-24-092) on December 19, 2024. A mandatory pre-proposal meeting was held on January 9, 2025 to perform a job-walk and to go over the scope of work. As a result of the Invitation for Bids, the City received six proposals:
Contractor Bid Amount
Pyramid Building & Engineering, Inc. $2,287,500.00
H7 Contracting & Engineering $2,390,000.00
Pacific Hydrotech Corporation $2,440,900.00
Innovative Construction Solutions $2,485,000.00
SCW Contracting Corporation $2,492,574.00
MMC Inc. $2,644,000.00
Although Pyramid Building & Engineering, Inc. and H7 Contracting & Engineering were apparently the lowest and second lowest bidders respectively, both withdrew their bids. Therefore, Pacific Hydrotech Corporation of Perris, California, is the responsive, responsible lowest bidder.
The City’s Purchasing staff has conducted reference checks on Pacific Hydrotech Corporation and found that the company was responsive and responsible on similar contracts with other agencies.
As a result, staff recommends that the Construction Agreement be awarded to the lowest responsive and responsible bidder, Pacific Hydrotech Corporation of Perris, California, in the amount of $2,440,900. A copy of the bid summary for the lowest bid can be found attached hereto.
If awarded, staff anticipates the work to commence in early March, 2025 and to be completed within one hundred and thirty (130) working days or approximately six (6) months from the issuance of a Notice to Proceed.
JUSTIFICATION:
In order to meet the City’s potable water production demands, during phase 1, the existing collapsed Well M-12 was abandoned and a new Well M-12A was developed (constructed) at the same location.
Furthermore, in phase 2, to extract/produce potable water, City must ‘equip’ this new Well M-12A with mechanical, electrical, building and various other onsite improvements.
As a result of the City’s Invitation for Bids (IFB 24- 092), Pacific Hydrotech Corporation is the apparent lowest bidder and is qualified to complete the scope of work.
FISCAL IMPACT:
The recommended Construction Agreement with Pacific Hydrotech Corporation is for an amount of $2,440,900. Staff requests a 10% contingency in the amount of $244,090 for any unforeseen conditions or circumstances. The total project budget, including the Construction Agreement and contingency, is for an amount of $2,684,990.
The current adopted budget for Fiscal Year 2024/2025 includes the funding needed for the Construction Agreement and will be funded from Account No. 660-6300-471.95-08.
This project inclusive of both development and equipping phases of new Well M-12A is partially funded by an Urban and Multibenefit Drought Relief Grant in the amount of $2,475,000. 873
ALTERNATIVES:
Do not approve Resolution 2025-29 and provide alternative direction to staff. Not approving Resolution 2025-29 will impact the City’s ability to meet it’s water demand during the summer months and may also require the City to pay back grant funds that have been spent on the project.
BUDGETED?:
Yes
CONTRACT/AGREEMENT:
Yes
ATTACHMENTS:
1. Resolution 2025-29, Award Well M12A.docx
2. Exhibit A - C00124 Pacific Hydrotech Corporation - M-12A WEll Site Equipping.pdf
3. Resolution No. 2022-13UA (For Reference Purposes Only).pdf
4. Resolution No. 2023-10UA (For Refrence Purposes Only).pdf
5. IFB-24-092 M-12A Well Site Equipping and Improvements.pdf
6. Bid Summary.pdf
874
Resolution 2025-29
RESOLUTION 2025-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
APPROVING A CONSTRUCTION AGREEMENT WITH PACIFIC HYROTECH CORPORATION FOR PROJECT NO. 2022-07W “M-12A WELL SITE EQUIPPING AND IMPROVEMENTS” IN THE AMOUNT OF $2,440,900 AND ESTABLISHING A TOTAL PROJECT BUDGET OF $2,684,990 AND REJECTING ALL OTHER BIDS
WHEREAS, in 2020 during routine maintenance of existing Well M-12 the well equipment became permanently stuck in the well casing resulting in the well becoming unusable. To accommodate growing water demands it was determined that Well M-12 would have to be replaced on the same site with a new Well “M-12A”; and
WHEREAS, in October 2021, pursuant to the State Legislature's passage of the Budget Act of 2021 and Trailer Bill AB 148, the California Department of Water Resources DWR) announced the Urban and Multibenefit Drought Relief Grant Program for Fiscal Year 2022. The Department of Public Works submitted a grant requesting an amount of 2,475,000 and was successfully awarded the full amount for developing and equipping new Well M-12A; and WHEREAS, City released an Invitation for Bids to develop the well on November 23, 2022.
As a result of this Invitation for Bids, Best Drilling and Pump Inc. of Colton was awarded the construction contract via Resolution 2023-02UA to develop the well, and a notice-of-completion for developing the well was filed on December 5, 2023; and WHEREAS, on November 8, 2023 City Council adopted Resolution 2022-13UA, awarding a professional services agreement with Dudek for design of Well M-12A; and WHEREAS, the City finalized bidding documents to ‘develop’ new Well M-12A and released an Invitation for Bids (IFB 23-035) on August 15, 2023. Thereafter, through Resolution 2023-10UA, a Construction Agreement was awarded to the lowest responsive and responsible bidder, Nor-Cal Pump and Well Drilling, Inc. of Yuba City, California, which completed developing Well M-12A by August 2024; and
WHEREAS, City directed Dudek to finalize the plans and specifications to ‘equip’ the well, the equipping scope of work consists of but is not limited to the installation of well column pipe, vertical turbine multi-stage pumps, pump discharge header and motor, masonry building, motor control panels, main electrical switchgear, etc.; and
WHEREAS, City staff finalized bidding documents to equip well M-12A, Project No. 2022- 07W, “M-12A Well Site Equipping and Improvements” (the “Project”) and advertised an Invitation for Bids (IFB-24-092) and subsequently received six (6) bids ranging in price from $2,287,500 to $2,644,000; and
WHEREAS, Pyramid Building & Engineering, Inc. and H7 Contracting and Engineering were the apparent lowest bidders in the amounts of $2,287,500 and $2,390,000, respectively.
Both, however, withdrew their bids; and
WHEREAS, Pacific Hydrotech Corporation was deemed the lowest responsible and responsive bidder; and
875
Resolution 2025-29
WHEREAS, the Construction Agreement with Pacific Hydrotech Corporation is for an amount of $2,440,900
WHEREAS, the total project budget, including the Construction Agreement and a 10% contingency, is for an amount of $2,684,990; and
WHEREAS, the current fiscal year 2024/2025 includes $3,500,000 budgeted for the Project in Account No. 660-6300-471.95-08.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves a Construction Agreement for Project No. 2022-07W, “M-12A Well Site Equipping and Improvements” to Pacific Hydrotech Corporation of Perris, California, in the amount of $2,440,900 and approves a 10% contingency in the amount of $244,090 for a total project budget of $2,684,990 and rejects all other bids.
SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the Construction Agreement and to execute the Construction Agreement with Pacific Hydrotech Corporation on behalf of the City Council.
SECTION 3. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 25th day of February, 2025.
Sheri Flynn, Mayor
City of Banning
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
876
Resolution 2025-29
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-29, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of February, 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
877
Resolution 2025-29
EXHIBIT A
Construction Agreement with Pacific Hydrotech Corporation 878
C-1
CONTRACT (C01124)
CITY OF BANNING CONTRACT FOR
M-12A WELL SITE EQUIPPING AND IMPROVEMENTS & IFB 24-092 THIS CONTRACT (“Contract”) is made and entered this ___________________ (“Effective Date”), by and between the CITY OF BANNING, a California municipal corporation (“City”) and Pacific Hydrotech Corporation (“Contractor”). Contractor’s California State Contractor’s license number is 518355; Class A, B). Contractor’s DIR registration number is 1000002987.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post-Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as M-12A Well Site Equipping and Improvements (“Project”), as described in this Contract and in the Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Two Million Four Hundred Forty Thousand Nine Hundred Dollars ($2,440,900.00) in accordance with the prices as submitted in the Bid.
4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).
5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.
7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
879
C-2
8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
10. Debarment or Suspension.
Contractor represents and warrants that, as of the Effective Date of this Agreement, Contractor is not debarred or suspended pursuant to any applicable Federal or State law providing for the debarment of contractors. Contractor shall not perform the Services with any subcontractor that has been debarred or suspended pursuant to any applicable Federal or State law providing for the debarment. Contractor and its subcontractors shall not be debarred or suspended throughout the Term of this Agreement pursuant to any applicable Federal or State law providing for the debarment of contractors. If Contractor or any subcontractor becomes debarred or suspended during the Term of this Agreement, Contractor shall immediately notify City.
11. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements.
This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
12. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
CITY OF BANNING
City Council Approval: ______________ By:
City Manager Date
ATTEST: APPROVED AS TO FORM:
By: By:
Administrative City Clerk Date City Attorney Date
(“CONTRACTOR”)
By:
Name: Date
Title:
880
RESOLUTION 2022-13 UA
A RESOLUTION OF THE UTILITY AUTHORITY OF THE CITY OF BANNING,
CALIFORNIA AWARDING A PROFESSIONAL SERVICES AGREEMENT TO DUDEK FOR DESIGN OF WELL M-12A DRILLING AND EQUIPPING IN THE AMOUNT OF 870,213 AND ESTABLISHING A 5% CONTINGENCY FOR A TOTAL PROJECT BUDGET OF $ 913,724
WHEREAS, Well M-12 is potable water production well located on Westward Avenue, between Highland Home Road and Sunset Avenue and is one of many wells that the City has relied on to meet the City's water demands; and WHEREAS, in 2020 Well M-12 had a catastrophic failure during a maintenance project that resulted in the City having to abandon and cap the well; and WHEREAS, staff prepared a request for proposals ( RFP) for design services for Well M-12A for drilling and equipping ofthe new well and advertised the RFP on OpenGov on August 23, 2022 with a due date for the submission of proposals on September 13, 2022; and
WHEREAS, an evaluation committee reviewed and ranked two proposals submitted as a response to the RFP and found Dudek to have submitted the highest ranked proposal; and
WHEREAS, Dudek's fee proposal is in the amount of $870,213; and WHEREAS, the scope of services include: project management; data and literature review; preliminary well design; environmental and permitting support; technical plans, specifications and estimates for drilling; bidding assistance; drilling construction management; drilling inspection, hydrogeological services and water quality testing; well head facility plans, specifications and estimates; well head facility construction and post construction support services; and
WHEREAS, in October 2021, pursuant to the State Legislature's passage of the Budget Act of 2021 and Trailer Bill AB 148, the California Department of Water Resources DWR) announced the Urban and Multibenefit Drought Relief Grant Program for Fiscal Year 2022. The Department of Public Works submitted a grant requesting an amount of 2,475,000 and was successfully awarded the full amount. $200,000 ofthe awarded amount will be allocated to the planning, design, engineering and environmental phase of the project and the balance allocated to the construction.phase; and WHEREAS, the design of Well M-12A is included in the City's approved Capital Improvement Plan and incorporated in the approved fiscal year 2022/2023 budget.
Resolution 2022-13 UA
881
NOW, THEREFORE, BE IT RESOLVED by the Banning Utility Authority of the City of Banning as follows :
SECTION 1. Awarding a Professional Services Agreement for Design of Well M- 12A Drilling and Equipping to Dudek of Encinitas , California in the amount of $870, 213.
SECTION 2. Authorizing the City Manager or his designee to execute the Professional Services Agreement with Dudek.
SECTION 3. Establish a 5% contingency and authorizing the City Manager to execute amendments to the agreement within the contingency amount ($ 43, 511).
PASSED, APPROVED AND ADOPTED this 8th day of November 2022.
ATTEST:
APPROVED AS TO FORM AND
LEGAL CONTENT:
Serita R. Young, Authority Counsel
Richards, Watson & Gershon
Resolution 2022- 13 UA
een Wallace , Chairperson
Banning Utility Authority
882
CERTIFICATION:
I , Caroline Patton , Secretary of the Banning Utility Authority , do hereby certify that the foregoing Resolution 2022-13 UA, was duly adopted by the Utility Authority of the City of Banning , California , at a regular meeting thereof held on the 8th day of November 2022 by the following vote , to wit:
AYES : Happe, Minjares , Sanchez , and Wallace .
NOES :
ABSENT:
ABSTAIN:
Resolution 2022- 13 UA
Caroline Patton , Se8ry
Banning Utility Authority
883
RESOLUTION 2023-1 0UA
A RESOLUTION OF THE UTILITY AUTHORITY OF THE CITY OF BANNING,
CALIFORNIA, APPROVING A CONSTRUCTION AGREEMENT WITH NOR-CAL PUMP & WELL DRILLING, INC. FOR " WELL M12A GROUNDWATER PRODUCTION WELL DRILLING, CONSTRUCTION, DEVELOPMENT AND TESTING" IN THE AMOUNT OF $ 2,049,096, ESTABLISHING A TOTAL PROJECT BUDGET OF 2,254,005 AND REJECTING ALL OTHER BIDS
WHEREAS, in 2020 during routine maintenance of existing Well M12 the well equipment became permanently stuck in the well casing resulting in the well becoming unusable. To accommodate growing water demands it was determined that Well M12 would have to be replaced on the same site (Well M12A); and WHEREAS, in October 2021, pursuant to the State Legislature's passage of the Budget Act of 2021 and Trailer Bill AB 148, the California Department of Water Resources DWR) announced the Urban and Multibenefit Drought Relief Grant Program for Fiscal Year 2022. The Department of Public Works submitted a grant requesting an amount of 2,475,000 and was successfully awarded the full amount. $200,000 ofthe awarded amount is allocated to the planning, design, engineering and environmental phase ofthe project and the balance ($2,275,000) is allocated to the construction phase; and WHEREAS, on November 8, 2023 City Council adopted Resolution 2022-13UA, awarding a professional services agreement with Dudek for design of Well M-12A; and WHEREAS, the City finalized the bidding documents and released an Invitation for Bids (IFB 23-035) on August 15, 2023. A mandatory pre-proposal meeting was held on August 28, 2023 to go over the scope of work, deadlines and to answer any questions from prospective bidders. As a result of the Invitation for Bids, the City received three proposals ranging in cost from $2,049,096 to $3,723,710; and WHEREAS, staff recommends that the Construction Agreement be awarded to the lowest responsive and responsible bidder, Nor-Cal Pump and Well Drilling, Inc. of Yuba City, California, in the amount of $2,049,096; and WHEREAS, the total project budget, including the Construction Agreement and a 10% contingency, is for an amount of $2,254,005; and
WHEREAS, the current adopted budget for Fiscal Year 2023/2024 includes a budgeted amount of $2,300,000 in Account No. 660-6300-471.95-08 for this project.
NOW, THEREFORE, BE IT RESOLVED by the Banning Utility Authority of the City of Banning as follows:
SECTION 1. The Banning Utility Authority approves a Construction Agreement for "Well M12A Groundwater Production Well Drilling, Construction, Development and Testing" to Resolution 2023- 10UA
884
Nor- Cal Pump & Well Drilling , Inc. of Yuba City , California in the amount of $2 ,049 ,096 and approves a 10% contingency in the amount of $204 ,909 for a total project budget of 2 ,254 ,005 and rejects all other bids .
SECTION 2. The Utility Authority Director is authorized to execute the Construction Agreement with Nor- Cal Pump & Well Drilling , Inc. for " Well M12A Groundwater Production Well Drilling , Construction, Development and Testing ".
SECTION 3. The Utility Authority Director or his designee is authorized to make necessary budget adjustments, appropriations and transfers related to the Construction Agreement for " Well M12A Groundwater Production Well Drilling, Construction, Development and Testing" and to approve change orders within the 10% contingency .
SECTION 4. The Authority Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 10th day of October 20 ..
ATTEST:
Caroline Patton , Seer t ry
Banning Utility Authority
APPROVED AS TO FORM AND
LEGAL C NTENT:
Serita R. Young , Authority Counsel
Richards, Watson & Gershon
Resolution 2023-1 OUA
Alberto Sa , he , Chairperson
Banning 1lity Author ity
885
CERTIFICATION:
I , Caroline Patton , Secretary of the Banning Utility Authority, do hereby certify that the foregoing Resolution 2023-1 QUA, was duly adopted by the Utility Authority of the City of Banning, California, at a regular meeting thereof held on the 10th day of October 2023 by the following vote , to wit:
AYES: Flynn, Gonzales , Minjares, Sanchez , and Wallace .
NOES:
ABSENT:
ABSTAIN:
Resolution 2023-1 QUA
dill(®V\Q~--
Caroline Patton , Seoary
Bann ing Utility Authority
886
Resolution 2023- 1 OUA
Exhibit A
Nor- Cal Agreement
887
CONTRACT ( C00904)
CITY OF BANNING CONTRACT FOR
WELL M-12 A GROUNDWATER PRODUCTION WELL DRILLING, CONSTRUCTION, DEVELOPMENT, AND TESTING ( IFB 23-035)
THIS CONTRACT (" Contract") is made and entered this ________ , (" Effective Date"), by and between the CITY OF BANNING, a California municipal corporation (" City") and Nor-Cal Pump & Well Drilling, Inc., a California corporation (" Contractor"). Contractor' s California State Contractor' s license number is 908591; Class B, C-57, C-61. C.ontractor' s DIR registration number is 1000012947.
In consideration of the mutual covenants hereinafter set forth, the ~~qi,es hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid ( including documentadon accompanying{ t,he Bid and any postBid documentation submitted before the Notice of AWard), the Bonds, permitsfrom regulatory agencies with jurisdiction, General Provisions,. Special Provisions, Plans, SJandard Plans, Standard Specifications, Reference Specifications1Addenda, Gh~nge Orders, and;,$upplemental Agreements. The Contract Documents are incorporated herein by reference.
2. Scope of Services. Contractor shall perform the WorK in a good and workmanlike manner for the project identified as Street Improvements at Various Locations (" Project"), as described in this Contract and in the Contract Documents.
3. Compensation. In co.nsideration of the services fl3n.dered hereunder, City shall pay Contractor a not to exceed amount of Two M.illion Forty~Nine Thousand Ninety- Six Dollars 2,049,096.00) in accordance with the prices as submitted in the Bid.
4. Incorporation by Reference. · All of the following documents are attached hereto and incorporated herein by this referenc. e: Workers' Compensation Certificate of Insurance, Additional Insured Endorsement ( Comprehensive General Liability), Additional Insured Endorsement Automobije Liability), and Additional Insured Endorsement ( Excess Liability).
5. Antitrust Claims. l.n entering into this Contract, Contractor offers and agrees to assign to City an rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton' A~t (15 U.S.C. Sec;§ 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. Tllis assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.
7. Workers' Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' C-1
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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."
8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligati9[!§ hereunder.
10. Entire Agreement. This Contract, including the Contr~~ t"~6ocuments and any other documents incorporated herein by specific reference, repre~~ nt~,,;the entire and integrated agreement between City and Contractor. This Contract' sl1pers~ ciei;;, all prior oral or written negotiations, representations or agreements. This Contracfmay nof6e; in,odified or amended, nor any provision or breach waived, except in a writing sig'ned by both parties1that expressly refers to this Contract. ·.
11. Counterparts. This Contract may be exec::ut~d in counte~ p,~rt originals, duplicate originals, or both, each of which is deemed to be an original ftir.all purpo~~ s.
IN WITNESS WHEREOF, the parties hereto have executep the Contract the day and year first above written.
CITY OF BANNING
By: --------------
City Manager Date
ATTEST: APPROVED AS TO FORM:
By: By: --------------
Deputy City Clerk Date City Attorney Date
City Council Approval: ______ _
CONTRACTOR")
By: --------------
Name: Date
Title:
By: ------------
Name: Date
Title:
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EXHIBIT D
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INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
IFB-24-092
CITY OF BANNING, CA
http://www.banning.ca.us
RELEASE DATE: December 9, 2024
DEADLINE FOR QUESTIONS: January 16, 2025
RESPONSE DEADLINE: January 30, 2025, 11:59 pm
RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:
https://secure.procurenow.com/portal/banning-ca
892
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
I. Instructions And Conditions......................................................
II. Introduction ..............................................................................
III. Prerequisites .............................................................................
IV. Scope of Work ...........................................................................
V. Submission Instructions & Questions .......................................
VI. Pricing Proposal.........................................................................
VII. Vendor Questionnaire...............................................................
VIII. Terms & Conditions...................................................................
Attachments:
A - Purchase Order Terms & Conditions
B - 4600014457 Agreement - Grant
C - 200 CFR GRANTS
D - Check List, Sample Contract, and Required Forms
E - General and Special Provisions
F - Technical Specs
G - Pump Data Sheets
H - Sign-In Sheets
I - Existing SCADA Panel Diagrams
J - 14970 WELL M12A_FINAL SUBMITTAL 12-16-24
893
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
I. Instructions And Conditions
WE ARE PLEASED TO ISSUE THE ENCLOSED BID SPECIFICATIONS FOR YOUR CONSIDERATION A. Bids will be rejected unless submitted electronically via the bidding website along with all required bid line items. All documents in the "Vendor Questionnaire" are required to be filled out, signed and submitted using the instructions listed herein.
B. The City of Banning, Purchasing Department, will not honor any explanation or change in the bid documents unless a written addendum has been issued.
C. All bids must identify bidder’s firm name and be electronically submitted by a responsible officer or employee.
D. The City reserves the right to reject any and all bids and to waive any informalities related thereto.
E. It is the intention of the City to evaluate and make a recommendation for award as indicated by the electronic bid; however, the City does reserve the right to increase or decrease quantities or to remove items before award to remain within the limitations of the availability of approved funds. The apparent low Bidder will be notified prior to recommendation for award if such adjustments are deemed necessary.
F. Our public bid openings occur online, on the OpenGov vendor portal at https://procurement.opengov.com/portal/banning-ca and results are available instantly at the bid event time.
G. Prices quoted by the Bidder shall be exclusive of Federal Excise taxes pursuant to exemption of political subdivisions of a State by Federal Law.
H. Prices quoted by the Bidder shall mean total cost to the City, F.O.B. delivered to Banning.
I. Bid prices shall be firm for 90 days from date of bid opening to permit staff evaluation and City Council award. Upon award, prices quoted will be in effect for the term of the contract.
J. Communications: All technical, scope, and/or project related questions shall be submitted through the Procurement Portal Q&A Tab before the deadline and according to these specifications herein. Any and all other bidding communications shall only be with Barbara Mason, Purchasing Manager, using the phone number listed within this document. Companies bidding on this project shall not communicate with any other City Staff members or they risk being disqualified.
894
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
II. Introduction
II.A Summary
The City of Banning (“City”) is seeking a qualified entity or individual (“Company”) to provide the goods and/or services described herein. The City anticipates selecting one firm to perform the services.
Bids are requested from Companies that have a demonstrated ability to perform the tasks identified in this Invitation for Bids ("IFB").
II.B Background
The City of Banning is strategically located astride Interstate 10 between the Inland Empire and the Coachella Valley in the San Gorgonio Pass. The City, incorporated in 1913, has a rich and colorful history.
Initially Banning served as a stagecoach and railroad stop between the Arizona territories and Los Angeles. This history has contributed to the present-day spirit of pioneer resourcefulness and "can do" attitude that is so prevalent in the community.
Banning is a friendly and wholesome place to work and raise a family. Desirable executive housing is available, as well as moderate and lower income housing. Clean air, ample water supplies and the memorable and inspiring scenic vistas of both Mt. San Gorgonio and Mt. San Jacinto, the 2 tallest peaks in Southern California, are additional amenities which make the City of Banning a logical choice as a development opportunity in the Southern California area.
II.C Contact Information
Barbara Mason
Purchasing Manager
99 E. Ramsey Street
Banning, CA 92220
Email: [email protected]
Phone: (951) 922-3121
Department:
Purchasing Division
II.D Timeline
This Invitation for Bids will be governed by the following tentative schedule. All dates are subject to change at the discretion of the City:
Release Project Date December 9, 2024
895
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
Pre-Proposal Meeting (Mandatory) January 9, 2025, 10:00am Please arrive 5 minutes early to:
City of Banning
99 E. Ramsey St
Banning, CA 92220
This pre-bid meeting includes a jobsite walk.
Bidders must attend both the meeting and
jobsite walk.
Question Submission Deadline January 16, 2025, 11:59pm
Bid Submission Deadline January 30, 2025, 11:59pm
Anticipated Contractor Selection Date February 25, 2025 896
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
III. Prerequisites
The City of Banning Public Work Standards can be found on the City of Banning's website at the following link:
http://www.banning.ca.us/21/Engineering.
Bids will only be considered from Companies that meet the following prerequisites:
• Company shall be registered as vendor on the City’s electronic bidding system, and listed as a Prospective Bidder for this specific project.
• Company and/or its key personnel, shall hold an appropriate license for the Company’s discipline and the Services on the date the Bid is submitted. • Company shall have registered with the Department of Industrial Relations and any other required organizations http://www.dir.ca.gov/.
• Bidder shall possess a valid Class “A” Contractor’s license issued by the California State Contractors License Board.
• 10% Bid Bond must be submitted. A copy can be uploaded to OpenGov, but a hard copy must be mailed in.
• Must attend the pre-bid meeting. If we do a site visit, you must attend as well. • 5% Retention
• Will comply with the Grant Requirements along with grant management & meeting all the deadlines.
• Provide proof of Good Faith Efforts showing advertising to DBE & HUB sites. • The successful bidder will be required to obtain a City of Banning business license prior to commencement of work.
• The successful bidder will be required to provide a faithful performance and payment bonds.
897
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
IV. Scope of Work
The general requirements from the Technical Specifications file under the Attachments section is listed below to provide an overview of the project.
DIVISION 1: GENERAL REQUIREMENT
IV.A SECTION 01010 - SUMMARY OF WORK
PART 1 - GENERAL
1.01 GENERAL
A. The work to be performed under this Contract shall consist of:
1. Furnishing all tools, equipment, materials, supplies, and manufactured articles.
2. Furnishing all labor, transportation and services, including fuel, power, water, and essential communications.
3. Performing all work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents.
4. The work shall be complete.
a. All work, materials, and services not expressly indicated or called for in the Contract Documents which may be necessary for the complete and proper construction of the work shall be provided by the Contractor as though originally indicated, at no increase in cost to the Agency.
1.02 PROJECT LOCATION
M12A Well Site
3750 W Westward Ave
Banning, CA 92220
1.03 SUMMARY OF WORK
A. The work generally includes, but is not limited to construction of the following:
1. Demolition of existing equipment and facilities per the project drawings.
2. Grading and paving existing M12A well site per the project drawings.
3. Construction of new well building per the project drawings.
4. Equipping new M12A well with mechanical equipment, instrumentation, piping, and appurtenances per the project drawings.
5. Providing electrical power and control to new equipment and other improvements per the project drawings.
1.04 CONTRACTOR’S USE OF THE PROJECT SITE
898
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
A. The Contractor’s use of the project site shall be limited to its construction operations for this project.
B. Construction equipment and materials shall not be stored on public or private streets, roads, and rights-of-way where they will prevent free and safe passage of the traveling public unless permitted by the Agency of Jurisdiction.
C. It is anticipated that the work site provides sufficient space to store equipment and materials.
1. If found otherwise, the Contractor shall not unreasonably encumber the premises with his materials.
2. It is the Contractor’s responsibility to find and obtain permission from other property owners for the storage of equipment and materials on their property.
D. If required, the Contractor shall provide, at his own expense, the necessary right-of-way and access to the work, which may be required outside the limits of Agency’s property.
1.05 AGENCY’S USE OF THE PROJECT SITE
A. The Contractor shall allow the Agency unimpeded access to the project site at all times during the period of construction.
1. The Agency shall have access to the site to conduct normal operations.
2. The Contractor shall not interfere with the operation of the Agency’s equipment at the site during construction.
3. The Contractor shall cooperate and coordinate with Agency to facilitate Agency’s operations and to minimize interference with the Contractor’s operations at the same time.
1.06 ACCESS TO THE PROJECT SITE
A. It is the Contractor’s responsibility:
1. To maintain and repair any damage caused by the Contractor to existing roads or adjoining properties that are caused by the Contractor’s ingress or egress. a. All repairs to damaged roads or properties shall be equal to or better than the existing and must meet the Agency of Jurisdiction’s satisfaction.
1.07 WORK BY OTHERS
A. The Contractor shall cooperate fully with all utility forces of the Agency or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of utilities which interfere with the progress of work and shall schedule the work so as to minimize interference with said relocation, altering, or other rearranging of facilities.
1.08 EASEMENTS AND RIGHT OF WAY
899
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
A. The Contractor shall confine his construction operations to within the right of way limits as shown on the Drawings or make special arrangements with property owners for the additional area required. Any damage to property, either inside or outside the limits of the rights of way, shall be the responsibility of the Contractor as specified herein. The Contractor shall remove, protect, and replace all fences or other items encountered on private property and restore the affected areas to the condition in which they existed prior to the Contractor's use. Before final payment will be
authorized by the Agency, the Contractor will be required to furnish the Agency with written releases from property owners where side agreements or special easements have been made by the
Contractor or where the Contractor's operations, for any reason, have not been kept within the right of way, or from property owners that complained to the Agency or the Agency’s Representative about damage to their property resulting from the Contractor's operations.
1.09 SHUTDOWN RESTRICTIONS
A. The Contractor shall make a written request to schedule a shutdown of an Agency pipeline or facility required to perform the work at least five (5) days in advance.
1. The Agency may refuse to perform the shutdown on the day requested by the Contractor due to operational circumstances or other reasonable concerns by the Agency.
2. No request will be denied for arbitrary reasons.
3. The Agency will, at all times, make the decision of the appropriateness and readiness for the shutdown.
4. The Agency may cancel the shutdown, up to the last minute, at no additional cost to the Agency if:
a. The Contractor is not ready at the designated time with all required labor, materials, and equipment to perform the work.
b. In the opinion of the Agency the weather will severely impact the length of the shutdown, quality of the finished work product, or ability of the Contractor to perform the work.
c. The Agency’s operations personnel have determined that the shutdown is not timely due to operation circumstances or unforeseen circumstances.
5. The Agency does not guarantee the shutdown facility will be completely dry or leak tight after it is removed from service.
a. The Contractor shall provide all necessary equipment and material to control, remove, and dispose of any excess water.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
900
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
END OF SECTION
IV.B SECTION 01025 - MEASUREMENT AND PAYMENT
PART 1 - GENERAL
1.01 DESCRIPTION
A. Work under this Contract will be paid on a unit price or lump sum basis as outlined on the Schedule of Pay Items for the quantity of work installed.
B. The unit prices and lump sum prices include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work involved to complete the work included in the Contract documents.
C. The bids for the work are intended to establish a total cost for the work in its entirety.
Should the Contractor feel that the cost for the work has not been established by specific items in the Schedule of Pay Items, include the cost for that work in some related bid item so that the Proposal for the project reflects the total cost for completing the work in its entirety.
1.02 BID PROPOSAL
Measurement and payment will be made for each Bid Schedule Item independently and in accordance with the Special Provisions as follows:
A. Lump Sum Prices: The Contractor shall provide Lump Sum Prices in the Bid Schedule for all work in the Contract Documents, except items of work listed in the Contract as Unit Priced Items. For Lump Sum items, only the total amount need be filled in.
B. Unit Priced Items: Unit Price Items are provided by the Owner for additive or deductive WORK not presently identified in the Contract Documents. In the appropriate places on the Bid Schedule each Bidder shall quote Unit Prices for the items of work in the units stated when no unit price is provided on the Bid Schedule. Each unit price, whether additive or deductive, shall cover all costs and charges, including, without limitation, the costs of material, fabrication, delivery, installation or application, supervision, bond and insurance charges, overhead, profit, and taxes. Unit Prices shall be the exact amount per unit to be applied to the units of work actually provided or not provided for the purpose of modifying the Contract Price or establishing the payment due the Contractor, as applicable. Unit Prices provided by the Owner shall be held good and in effect until the work is completed and accepted by Owner. Contractor-proposed Unit Prices which are so unbalanced as to be detrimental to the Owner's interest may be rejected or cause rejection of the Bidder's entire bid at the discretion of the Owner.
C. Allowance Items: Allowance Item amounts are provided by the Owner to cover the cost of additive WORK not presently identified in the Contract Documents. Payment for Allowance Items will be made only when authorized as described in Part 1.03, below. 901
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
D. Retention: Payment for all bid items is subject to the retention provisions of the Special Provisions.
E. Schedule: All scoped Allowance Bid Items and Unit Priced Bid Items are included in the scope of the Contract without specific locations for the work provided. The Owner reserves the right to
direct that these scoped items of work be performed when they are encountered, and the Contractor is obligated to accommodate this work within the original contract duration.
The Contractor will not be entitled to additional time regardless of where work is encountered.
F. The Owner reserves the right to vary the total contract price by +/- 25% by varying the Unit Price quantities and authorized Allowance amounts within their respective individual limits.
G. Stipulated or Bid Unit Prices: When the Owner's use of a Unit Price Bid Item exceeds 200% of the Bid Item quantity, the Contractor or Owner may demand that the Unit Price Item be renegotiated for quantities in excess of 200%, whether the price is stipulated or bid. This provision is to prevail over any conflicting general condition provision.
H. Specified Items and Stipulated Priced: The stipulated price for these items cannot be invoiced until the item is complete and accepted by the Construction Manager and the Owner.
1.03 MEASUREMENT AND PAYMENT
A. General: This article defines the manner and method to develop the Lump Sum, Unit Price, and Allowance bid amounts of all items identified in the Bid Schedule. Bid amounts will include all plant, equipment, tools, materials, labor, service, and all other items required to complete the work included in the Contract unless specifically excluded by this section. Work required for which no separate bid item is identified will be considered as a subsidiary obligation of the Contractor, and the cost therefore shall be included in the most applicable bid item. Compensation for completion of the Work will be determined by use of the cost loaded CPM schedule (reference Section 01320). Bid amounts for each item will be the basis for development of budget values for activities included in the cost loaded CPM schedule as described in Section 01320. Unit Price and Allowance Bid Item amounts will also be adjusted by a Change Order to the contract amount when work is completed, and actual authorized quantities and Allowance amounts are established. The allowable variation in quantities is identified in each Unit Price Bid Item.
B. Contract Required Work:
C. Bid Item No. 1 – Mobilization and Demobilization.
1. This is a lump sum bid item for mobilization and demobilization work required for the project. Mobilization work shall include, but not be limited to, that necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of CONTRACTOR’S field facilities necessary for work on 902
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
the project; for establishment of staging/lay down areas; for obtaining permits, bonds, and insurance; preparation of surveys and videos of existing access roads and facilities; for providing all risk insurance for the project; for confirming, marking, and determining the depth of all existing utilities that are crossed or otherwise impacted by the work; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site.
2. Demobilization work shall include, but not be limited to, the removal from the project at the end of construction of all equipment, supplies, field facilities, personnel, and incidentals, and shall include restoration of all staging/lay down areas. The amount bid for mobilization and demobilization shall not exceed 5% of the total project bid.
D. Bid Item No. 2 – Demolition.
1. This is lump sum bid item that shall include furnishing all labor, material, tools, and equipment, and performing all work required to demolish and legally dispose of the existing discharge piping, emergency generator, electrical equipment, controls equipment, associated appurtenances, and selective site demolition of fencing, and miscellaneous onsite facilities, and all other existing improvements that must be demolished to construct the new facilities and site improvements shown in the Contract Documents.
E. Bid Item No. 3 – Site Grading and Asphalt Concrete
1. This is a lump sum bid item for grading required for construction of the new facilities and site improvements shown in the Contract Documents and shall include furnishing all labor,
material, tools, and equipment, and performing all work required, including excavation, stockpiling, hauling and disposal of excess material, imported fill and aggregate base, backfilling, compacting, and testing.
2. This is a lump sum bid item for asphalt concrete paving and shall include furnishing all labor, material, tools, and equipment, and performing all work required, including prime
coat, seal coat and edge support. Payment for sitework concrete shall be based on percent complete.
F. Bid Item No. 4 – Well Building Construction
1. This is a lump sum bid item for the new well building and shall include furnishing all labor, material, tools, and equipment, and performing all work required, including foundations,
flooring, access/doors, HVAC, louvres, masonry walls, removable wall and roof panels, and roofing.
G. Bid Item No. 5 – Electrical and Instrumentation Equipment for New Well Pump 903
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
1. This is a lump sum bid item for electrical and instrumentation equipment for the primary wet well and shall include furnishing all labor, material, tools, and equipment, and performing all work including but not limited to installing flow control valve, pump control equipment, chemical feed system, tank, flow meter, main switchboard, motor control center, conduits, and wiring.
H. Bid Item No. 6 – Well Pumps, Piping and Appurtenances.
1. This is a lump sum bid item for the well pumps, piping, and appurtenances and shall include furnishing all labor, material, tools, and equipment, and performing all work required to provide a fully functioning system, including but not limited to furnishing and installing the new pump, well pedestal, discharge piping, fittings, restrained couplings, tapping saddles, pilotry piping, drain piping, drain vault, concrete pipe support, pipe supports, check valves, resilient wedge gate valves, pressure testing, disinfection, pipe trench excavation, backfill and compaction.
I. Bid Item No. 7 - Well Testing and Startup:
1. This is a lump sum bid item for the testing and startup shall include furnishing all labor, material, tools, and equipment, and performing all work required, including but not limited to testing and commissioning of the new well pump.
J. Bid Item No. 8 - All Other Work:
1. This is a lump sum bid item including all labor, materials, tools, and equipment necessary to complete any and all other work not included by the Contractor in Bid Items 1 through
7 and which is required for a complete and operable well system, piping and appurtenances, demolition and abandonment of facilities, cleanup and restoration of site improvements,
and other miscellaneous work needed to complete the project in accordance with all requirement of the project plans, specifications, and required permits to the full satisfaction
of the Owner.
K. Variation in Unit Price Quantities:
1. If a change is ordered in an item of work covered by a Contract Unit Price, and the change does not exceed the specified variation limits of the original bid quantity, then an
adjustment in payment will be made based on the increase or decrease in quantity at the Contract Unit Price. Should the quantity variation exceed an increase or decrease of 25
percent, an adjustment in the Contract Unit Price may be made at the request of the Owner or Contractor. The use of this basis for adjustment of payment shall be limited to that
portion of the change which is in excess of an increase of 25 percent of the original bid quantity.
904
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
PART 2 - PRODUCTS
2.01 GENERAL PROGRESS PAYMENT REQUIREMENTS
A. Payment for work performed shall be in accordance with the Cost Loaded CPM. The Construction Manager will verify measurements and quantities. Each activity necessary to manage and complete the work is identified on the contract schedules. Each activity will be assigned its respective value, a portion of the contract price, as shown on the Summary of Values.
B. Payment for all lump sum costs and services incurred on this Contract shall be based on the earned value of work accomplished during the reporting period. Earned value is determined by the completion percentage of each activity applied to the total value of the activity. No construction activity shall be deemed 100% complete until the Contractor has completed the physical check out and inspection of the completed work and has submitted the signed inspection form to the Construction Manager.
C. Unit price items will be paid based on quantities (or equivalent quantities) installed.
D. Earned value is derived from the current status of the Contractor Construction Schedule as determined by the monthly schedule status submittals (Reference Section 01320). Each schedule status submittal is reviewed and approved by the Construction Manager prior to the Contractor obtaining approval for the Summary of Earned Values or quantities installed and the Application for Payment.
E. The Contractor shall not take advantage of any apparent error or omission on the Drawings or Specifications, and the Construction Manager shall be permitted to make corrections and interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents at no additional cost to the Owner.
F. Two copies of the application for payment shall be submitted. Application shall be made monthly.
G. The Application for Payment contains all necessary references and attachments that substantiate the invoice for progress payment, (e.g., certified payrolls, labor reports, progress schedule data, and Summary of Earned Values). It must be preceded or accompanied by schedule and status data in accordance with Section 01320.
H. The Application for Payment is submitted according to the format and instructions provided by the Owner and is based on work completed through the last day of the previous month or through the date established by the Construction Manager.
PART 3 - EXECUTION
3.01 MONTHLY REVIEWS/APPLICATION FOR PAYMENT
A. Monthly review meetings between the Contractor and the Construction Manager will be held within 7 days prior to the payment application date designated by the Construction Manager. Prior to the monthly review meeting, the Contractor will submit the Master Record Documents as directed by the Construction Manager, an updated 905
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
schedule and a signed application for payment showing a Summary of Earned Values for the reporting and payment period so that the Construction Manager can compare earned values to available status data. The Contractor shall make any adjustments to the Master Record Documents, updated schedule, and payment applications deemed necessary.
Upon completion of the adjustments the Construction Manager will sign the payment upon request and forward it to the Owner. The Construction Manager will determine payment amounts if agreement with Contractor is not reached.
3.02 PAYMENT FOR PRODUCTS STORED ON SITE
A. The Contractor may request payment for products (material and/or equipment) which will be incorporated in the work and which will be delivered and stored on-site. Payments for products stored at the site shall be based upon the cost of all acceptable materials and equipment not incorporated in the work but delivered and suitably stored at the site; provided each such individual item has a value of more than $5,000 and will become a permanent part of the work. The Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that the Contractor has received the materials and the equipment free and clear of all liens, charges, secured interests, and encumbrances and evidence that the materials and equipment are covered by appropriate property insurance as specified in the insurance provisions and other arrangements to protect the Owner's interest.
3.03 PARTIAL PAYMENT FOR MATERIALS STORED OFF SITE
A. The Contractor may request partial payment for products (material and/or equipment) which will be incorporated into the Work and which are delivered and stored off site at a location agreed upon between the contractor and the owner in writing. Any payments approved pursuant to this subsection shall not exceed sixty-five percent (65%) of the Product's invoiced value and shall be subject to retainage as set forth in the Contract Documents. The Owner reserves the right to refuse approval for payment for any Equipment or Materials suitably stored off-site at its sole discretion, regardless of whether all conditions have been met.
B. Partial payment may be made for Products eligible for off-site delivery and storage only upon presentation by the Contractor of a Bill of Sale, an Invoice or an Affidavit certifying that the material is received by the Contractor free and clear of all liens, encumbrances and secured interests of any kind, and including, for off-site delivery, evidence acceptable to the Owner that "all-risks" property insurance in an amount sufficient to protect the interests of the Owner is in effect at the approved site, and that the Owner is a loss payee and an additional insured.
C. Partial payment for Products eligible for off-site delivery and stored off-site shall be contingent upon the Contractor's compliance with the storage and protective maintenance requirements set forth in Section 01620 and all other requirements necessary to preserve equipment warranties for the benefit of the Owner. 906
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D. All costs associated with delivery to, and storage at, an off-site facility shall be assumed by the Contractor notwithstanding the Contractor's request for, and the obtaining from the Owner, approval to so deliver and store the materials.
E. Contractor shall provide written evidence to the Owner of having made arrangements for unrestricted access by the Owner and its authorized representatives, to the materials wherever stored, including provision for the Owner to take control and possession of such materials at any time and without restriction.
F. Contractor must provide the Owner, upon request and prior to any partial payment, documentation which transfers absolute legal title to such materials to the Owner conditional only upon receipt of final payment. Neither such transfer of title nor any partial payment shall constitute acceptance by the Owner of the materials, nor void the right to reject the materials subsequently found to be unsatisfactory, or in any way relieve the Contractor of any obligation arising under the Contract Documents.
END OF SECTION
IV.C SECTION 01045 - EXISTING FACILITIES
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Requirements for protection and restoration of existing utilities.
B. Connections to existing facilities, including wet tapping.
C. Abandonment of existing facilities.
1.02 RELATED REQUIREMENTS
A. Section 01300, Submittal Procedures.
B. Section 02050, Demolition.
C. Section 03300, Cast-in-Place Sitework Concrete.
1.03 REFERENCES
A. The publications listed below form part of this specification to the extent referenced and are referred to in the text by the basic designation only. Reference shall be made to the latest edition of said standards unless otherwise called for.
ASTM C150 - Portland Cement
ASTM C495 - Standard Test Method for Compressive Strength of Lightweight Insulating Concrete
ASTM C796 - Standard Test Method for Foaming Agents for Use in Producing Cellular Concrete Using Preformed Foam
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ASTM C869 - Standard Specification for Foaming Agents Used in Making Preformed Foam for Cellular Concrete American Public Works Association, Standard Plans for Public Works Construction (APWA)
1.04 SUBMITTALS
A. All submittals shall be submitted in accordance with Section 01300, “Submittal Procedures.”
1. Submit drawings and calculations for support and protection at all pipeline crossings, 18-inches and larger, at least 30 days prior to excavation of the crossing.
2. Submit documentation of existing facilities including a copy of all photos and/or videos.
PART 2 - PRODUCTS
2.01 CONCRETE
A. Concrete used for the replacement of damaged or removed facilities shall be in accordance with Section 03300, “Cast-in-Place Sitework Concrete” and shall match the mix design of the existing facility and the requirements of the Jurisdictional Agency.
B. Concrete for plugging abandoned conduits shall be Class 560-C-3250 per Section 03300, “Cast-in-Place Sitework Concrete”.
PART 3 - EXECUTION
3.01 GENERAL
A. Protect utilities in place, unless abandoned, and maintain the utility in service, unless otherwise specified on the Drawings or in the Specifications.
1. Unless indicated otherwise, oil and gasoline pipelines, power, and telephone or the communication cable ducts, gas and water mains, irrigation lines, sewer lines, storm drain lines, poles, and overhead power and communication wires and cables encountered along the line of the Work shall remain continuously in service during all the operations under the Contract.
2. Protect all improvements in place, unless otherwise specified.
3. Protect grading and plantings in place unless otherwise specified.
4. When protecting in place, the Contractor shall take into account all loads, including surcharges and potential surcharges.
B. Replace in kind improvements that are cut, removed, damaged, or otherwise disturbed by the construction.
1. Including pavement, curbs and gutters, ramps, barricades, traffic islands, signalization, fences, signs, mail boxes, etc.
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C. Reconstruct utilities with new material of the same size, type, and original quality as that removed, except as indicated on the Drawings or as specifically authorized by the Agency.
D. Where utilities are parallel to or cross the pipeline trench but do not conflict with the permanent work to be constructed, follow the procedures given below and as indicated on the Drawings.
1. Notify the utility owner 48 hours in advance of the crossing construction and coordinate the construction schedule with the utility owner's requirements.
E. Determine the true location and depth of utilities and service connections which may be affected by or affect the work.
1. Determine the type, material, and condition of these utilities in order to provide sufficient lead-time to resolve unforeseen conflicts, order materials and take appropriate measures to ensure that there is no delay in work.
F. The Contractor's attention is drawn to the Drawings which indicate the potholes performed by the Agency.
1. The Contractor is responsible to ensure that the elevations of all existing utilities that are tied into, crossed, or which exist within the work area, are properly located.
2. The Contractor shall perform additional potholing at his own expense should additional information be required by the Contractor which is not already shown on the Drawings.
G. Contractor shall provide temporary support for all pipelines crossing a proposed trench.
1. For all existing pipelines 18-inches in diameter or larger crossing over the proposed pipe with less than 4 feet of clearance, the Contractor shall submit his proposed method of
support for review by the Agency.
2. Facilities may be supported in accordance with APWA Standard Plan 224-2, Sheets 1-4, "Supports for Conduits Across Trenches". The Standard Plan is given in Appendix “A”.
3.02 DOCUMENTATION
A. At least 48 hours prior to beginning physical construction, the Contractor shall document the condition of all potentially impacted roads, the project site, adjacent properties and any other potentially affected areas.
1. At least 48 hours prior to documenting the condition of potentially affected areas, the Contractor shall notify the Agency.
2. The Agency may accompany the Contractor during the documentation process and may obtain additional documentation.
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3. The Contractor is not relieved of his responsibility to document conditions if the Agency also obtains documentation.
4. Documentation shall include pictures and/or videos.
5. The documentation shall be kept by the Contractor and made available to the Agency throughout construction and for three years after the Notice of Completion has been filed.
3.03 RIGHTS-OF-WAY
A. The Contractor shall not do any Work that would affect any oil, gas, sewer, or water pipeline; any telephone, or electric transmission line; any fence; or any other structure, nor shall the Contractor enter upon the rights-of-way involved, until notified that the Agency has secured authority therefor from the proper party.
1. After authority has been obtained, the Contractor shall give said party due notice of its intention to begin work, if required by said party.
3.04 PROTECTION OF SURVEY MONUMENTS OR ROADWAY MARKERS
A. The Contractor shall not destroy, remove, or otherwise disturb any existing survey monuments or other existing street or roadway markers without proper authorization.
1. No pavement breaking or excavation shall be started until all survey or other permanent marker points that will be disturbed by the construction operations have been properly referenced.
2. Survey markers or points disturbed by the Contractor shall be accurately restored after pavement repairs or improvements have been completed at no additional cost to the Agency.
3.05 EXISTING UTILITIES AND IMPROVEMENTS
A. The Contractor shall protect underground utilities and other improvements which may be impaired during construction.
1. Regardless of whether or not the utilities are indicated on the Drawings.
B. The Contractor shall take all possible precautions for the protection of unforeseen utility lines to provide for uninterrupted service and to provide such special protection as may be necessary.
1. Prior to any excavation in the vicinity of any existing underground facilities. a. Underground facilities include all water, sewer, storm drain, gas, petroleum products, or other pipelines; all buried electric power, communications, or television cables; all traffic signal and street lighting facilities; and all roadway and state highway rights-of-way.
b. The Contractor shall notify the respective authorities representing the owners or agencies responsible for such facilities not less than 3 days nor 910
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more than 7 days prior to excavation so that a representative of said owners or agencies can be present during such work if they so desire. c. The Contractor shall also notify the regional notification center at 1-800- 227-2600 or 811 at least 2 days, but no more than 14 days, prior to such excavation.
2. The Contractor shall be responsible for exploratory excavations as it deems necessary to determine the exact locations and depths of utilities which may interfere with its work.
a. Except where the Drawings indicate utilities have been field located during design, such utility locations shall be exposed as part of the Work.
3. All such exploratory excavations shall be performed as soon as practicable after Notice to Proceed and, in any event, a sufficient time in advance of construction to avoid possible delays to the Contractor's progress.
4. When such exploratory excavations show the utility location as shown on the Drawings to be in error, the Contractor shall so notify the Agency.
5. The number of exploratory excavations required shall be that number which is sufficient to determine the alignment and grade of the utility.
6. In case it shall be necessary to move the property of any public utility or franchise holder, such utility company or franchise holder will, upon request of the Contractor, be notified by the Agency to move such property within a specified reasonable time.
a. When utility lines that are to be removed are encountered within the area of operations, the Contractor shall notify the Agency a sufficient time in advance for the necessary measures to be taken to prevent interruption of service.
7. Where the proper completion of the Work requires the temporary or permanent removal and/or relocation of an existing utility or other improvement which is indicated, the Contractor shall remove and, without unnecessary delay, temporarily replace or relocate such utility or improvement in a manner satisfactory to the Agency and the owner of the facility.
a. In all cases of such temporary removal or relocation, restoration to the former location shall be accomplished by the Contractor in a manner that will restore or replace the utility or improvement as nearly as possible to its former locations and to as good or better condition than found prior to removal.
C. The right is reserved to the Agency and to the owners of public utilities and franchises to enter at any time upon any public street, alley, right-of-way, or easement for the purpose of making changes in their property made necessary by the Work of this Contract. 911
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1. Existing Utility lines that are indicated or the locations of which are made known to the Contractor prior to excavation and that are to be retained, and all Utility lines that are constructed during excavation operations shall be protected from damage during excavation and backfilling.
a. If damaged, existing utility lines shall be immediately repaired or replaced by the Contractor, unless otherwise repaired by the owner of the damaged Utility.
b. If the owner of the damaged facility performs its own repairs, the Contractor shall reimburse said owner for the costs of repair.
2. In the event that the Contractor damages existing utility lines that are not indicated or the locations of which are not made known to the Contractor prior to excavation, a verbal
report of such damage shall be made immediately to the Agency and a written report thereof shall be made promptly thereafter.
a. The Agency will immediately notify the owner of the damaged utility. b. If the Agency is not immediately available, the Contractor shall notify the utility owner of the damage.
c. If directed by the Agency, repairs shall be made by the Contractor under the provisions for changes and extra work contained in Articles of the General Conditions.
3. Work will be paid for as extra work in accordance with the provisions of Articles of the General Conditions.
a. Costs of locating and repairing damage not due to failure of the Contractor to exercise reasonable care.
b. Removing or relocating such utility facilities not indicated in the Contract Documents with reasonable accuracy.
c. For equipment on the project which was actually working on that portion of the Work, which was interrupted or idled by removal or relocation of such utility facilities, and which was necessarily idled during such activity.
4. All repairs to a damaged utility or improvement are subject to inspection and approval by an authorized representative of the utility or improvement owner before being concealed by backfill or other work, unless other arrangements satisfactory to the Agency are made with the owner of said utility or improvement. a. The Contractor shall be responsible for and shall repair all damage due to its operations, and the provisions of this Section shall not be abated even in the event such damage occurs after backfilling or is not discovered until after completion of the backfilling.
3.06 TREES OR SHRUBS
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A. Except where trees or shrubs are indicated to be removed, the Contractor shall exercise all necessary precautions so as not to damage or destroy any trees or shrubs, including those lying within street rights-of-way and project limits.
1. The Contractor shall not trim or remove any trees unless such trees have been approved for trimming or removal by the Jurisdictional Agency.
2. The Contractor shall immediately notify the Jurisdictional Agency if any tree or shrub is damaged by the Contractor's operations.
3. Existing trees and shrubs which are damaged during construction shall be trimmed or replaced by the Contractor or a certified tree company under permit from the Jurisdictional Agency at no additional cost to the Agency.
4. Trimming of trees and shrubs shall comply with the following:
a. Symmetry of the tree shall be preserved; no stubs or splits or torn branches left; clean cuts shall be made close to the trunk or large branch. b. Spikes shall not be used for climbing live trees.
c. Cuts greater than 1-1/2 inches in diameter shall be coated with a tree paint product that is waterproof, adhesive, elastic, and free from kerosene, coal tar, creosote, or other material injurious to the life of the tree.
5. Replacement of trees and shrubs shall comply with the following:
a. The tree or shrub shall be of a like size and variety as the one damaged, or, if of a smaller size, the Contractor shall pay to the owner of said tree a compensatory payment acceptable to the tree or shrub owner. b. The size of the tree shall be not less than 1-inch diameter nor less than 6 feet in height.
c. The Contractor shall water and maintain the replacement trees and shrubs for 6 months after planting unless otherwise indicated.
3.07 ABANDONMENT OF PIPELINES
A. When indicated on the Drawings or when directed by the Agency, existing pipelines to be abandoned shall be disconnected from all source pipelines.
1. All above-ground appurtenances connected to pipelines to be abandoned shall be removed and disposed of or salvaged in accordance with Section 02050, “Demolition.”
2. All piping and appurtenances buried at a depth of 24 inches or less and connected to pipelines to be abandoned shall be removed and disposed of or salvaged.
3. Remaining buried pipe ends, gate wells and other appurtenances cut at a depth of 24 inches shall be removed entirely or filled with concrete. 913
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4. Pipe, 6 inches through 15 inches to be abandoned, shall be excavated at intervals of 200 feet, cut and plugged with an 8-inch long concrete plug. a. Where shown on the Drawings or as directed by the Agency, the pipe shall be completely filled with 2-sack sand cement slurry or lightweight cellular concrete.
5. Pipe 16 inches and larger to be abandoned, shall be completely filled with lightweight cellular concrete per Section 03320, “Engineered Fill for Pipeline Abandonment (16” and Larger).”
6. All valves on pipelines to be abandoned shall be turned to the closed position. a. The valve box cover shall be removed and the valve box filled with sand.
7. Water services to be abandoned that are connected to pipelines that will remain in service, shall be abandoned in-place and deactivated at the corporation stop.
8. Sewer laterals to be abandoned shall be cut and plugged with concrete at the main.
B. Excavated areas shall be replaced with compacted backfill and surfaces shall be repaired in accordance with the Drawings, Specifications, the requirements of the Agency of Jurisdiction or as directed by the Agency.
3.08 PAVEMENT RESTORATION
A. All paved areas, including asphaltic concrete berms cut or damaged during construction, shall be replaced with similar materials of equal thickness to match the existing adjacent undisturbed areas.
1. Except where specific resurfacing requirements have been called for in the Contract Documents or in the requirements of the Agency issuing the permit.
2. The pavement restoration requirement to match existing sections shall apply to all components of existing sections, including sub-base, base, pavement, curb and gutter, and roadway markings.
3. Temporary and permanent pavement shall conform to the requirements of the affected pavement owner.
4. Pavements which are subject to partial removal shall be neatly saw cut in straight lines.
B. Temporary Resurfacing:
1. Wherever required by the Agencies of Jurisdiction, the Contractor shall place temporary surfacing promptly after backfilling.
2. The Contractor shall maintain such surfacing for the period of time fixed by said Agencies before proceeding with the final restoration of improvements.
C. Permanent Resurfacing:
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1. The Contractor shall saw cut back and trim the edge of adjacent surface to provide a clean, sound, vertical joint before permanent replacement of an excavated or damaged portion of
pavement.
2. Permanent pavement shall be restored to finish grades compatible with adjacent undisturbed pavement.
D. Restoration of Sidewalks or Private Driveways:
1. Wherever sidewalks or private roads have been removed for purposes of construction, the Contractor shall place suitable temporary sidewalks or roadways promptly after backfilling.
2. The Contractor shall maintain them in satisfactory condition for the period of time fixed by the Agency of Jurisdiction over the affected portions.
3. If no such period of time is so fixed, the Contractor shall maintain said temporary sidewalks or roadways until the final restoration has been completed.
3.09 CUTTING AND RESTORING ASPHALT AND CONCRETE SURFACES A. All asphalt and/or Portland cement concrete surfaces shall be scored with sawing equipment of a type meeting the approval of the Agency; providing however, that any concrete base under an asphaltic mix surface will not be required to be scored by sawing.
1. Existing paving surfaces shall be saw cut back beyond the edges of the trenches to form neat square cuts before repaving is commenced.
2. Pavements, sidewalks, curbs, or gutters removed or destroyed in connection with performance of the work shall be saw cut to the nearest score marks, if any.
3. The Contractor shall replace pavements, sidewalks, curbs, or gutters in the same kind, or better, in accordance with the latest specifications, rules, and regulations and subject to the
inspection of the Agency of Jurisdiction.
4. Aggregate base shall be placed beneath the restored pavement to the thickness required by the Agency of Jurisdiction.
END OF SECTION
IV.D SECTION 01060 - SAFETY AND HEALTH
PART 1 - GENERAL
1.01 SAFETY AND HEALTH REGULATIONS
The Contractor shall comply with Safety and Health Regulations for Construction, promulgated by the Secretary of Labor under Section 107 of the Contract Work Hours and 915
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Safety Standards Act, as set forth in Title 29, C.F.R. Copies of these regulations may be obtained from Labor Building, 14th and Constitution Avenue, NW, Washington, DC 20013.
The Contractor shall also comply with the provisions of the Federal Occupational Safety and Health Act, as amended.
The Contractor shall provide his own gas monitoring equipment to assure his and his workers' safety when entering confined spaces. The Contractor shall follow the requirements of Section 7-10.4.5 Confined Spaces of the standard specifications "Greenbook" latest edition. A copy of the contractors Confined Space Entry Program shall be provided to the Engineer for information.
In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the site, including safety of all persons and property during performance of work, and the Contractor shall fully comply with all local, state and federal laws, rules, regulations, and orders relating to the safety of the public and workers.
The right of Owner or the Owner's Representative to conduct construction review or inspection of the Contractor's performance is not intended to include review or inspection of the adequacy of safety measures in, on, or near the site.
Before any work at the site is started, the Contractor shall have prepared a written plan for project specific safety precautions and programs, complete with respect to procedures and actions that the Contractor and all parties and individuals that will be on the work site are to follow in order for the Contractor and all others to comply with all applicable Laws and Regulations.
The Contractor shall revise their plan for safety precautions and programs at appropriate times to reflect changes in construction conditions, the Contractor means, methods, techniques, sequences and procedures of construction. The Contractor shall disseminate the original plan and revisions to all parties and individuals that will be on the Work site.
The Contractor's plan for safety precautions and programs will not require more stringent safety requirements, training or other qualifications for all others, than the Contractor's sets forth for comparable activity and responsibility of the Contractor, Subcontractors, and Suppliers and their respective employees.
1.02 PUBLIC CONVENIENCE AND SAFETY
The Contractor shall so conduct their operations as to offer the least possible obstruction and inconvenience to the public or facility operations, and they shall have under construction no greater length or amount of work than can be prosecuted properly with due regard to the convenience and safety of the public.
The Contractor shall provide and maintain such fences, barriers, directional signs, lights, and flaggers as are necessary to give adequate warning to the public at all times of any dangerous conditions to be encountered as a result of the work and to give directions to the public.
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1.03 EXCAVATION PLANS FOR WORKER PROTECTION
The Contractor shall submit to Owner, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be-made for worker protection from the hazard of caving ground during excavation. The plan shall be prepared by a registered civil or structural engineer. As a part of the plan, a note shall be included stating that the registered civil or structural engineer certifies that the plan complies with the CALOSHA Construction Safety Orders, or stating that the registered civil or structural engineer certifies that the plan is not less effective than the shoring, bracing, sloping, or other provisions of the safety orders. The contractor shall also submit copies of all permits that are obtained for the excavation work.
All shoring submittals shall include surcharge loads from adjacent embankments, construction loads and spoil bank. The submittal shall indicate the minimum horizontal distance from the top of trench to the edge of all surcharge loads for all cases of shoring and side slopes.
Nothing contained in this paragraph shall be construed as relieving the Contractor of the full responsibility for providing shoring, bracing, sloping, or other provisions which are adequate for worker protection.
PART 2 - PRODUCTS (NOT APPLICABLE)
PART 3 - EXECUTION (NOT APPLICABLE)
END OF SECTION
IV.E SECTION 01300 - SUBMITTALS
PART 1 - GENERAL
1.01 GENERAL
A. All submittals by the Contractor shall be submitted to the Agency.
B. Unless otherwise noted, within fifteen (15) days after the date of commencement as stated in the Notice to Proceed, the Contractor shall submit the following items to the Agency for review:
1. A list of submittals with scheduled submission dates. This list shall include specification section number, description of the submittal, scheduled submission date, and anticipated approval date. The Contractor's schedule shall be based on a minimum of one resubmittal for each shop drawing and sample.
C. A list of all permits and licenses the Contractor is required to obtain, indicating the agency required to grant the permit, the expected date of submittal for the permit, and required date for receipt of the permit.
D. The Contractor is responsible for identifying and delivering all submittals and/or permits required by the Contract Documents.
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1.02 LONG LEAD ITEMS
A. Submittals for long lead items shall be provided within 14 calendar days of the commencement date stated in the NTP.
1. The following items are anticipated to be long lead items (greater than 16 weeks):
a. Well Pump
b. Variable-frequency drive
c. Automatic transfer switch
1.03 SHOP DRAWINGS
A. Wherever called for in the Contract Documents, the Contractor shall furnish to the Agency for review, four (4) copies of each shop drawing submittal. The term "Shop Drawings" as used herein shall be understood to include detail design calculations, shop drawings, fabrication and installation drawings, erection drawings, lists, graphs, catalog sheets, data sheets, and similar items. The Contractor shall submit, as applicable, the following for all mechanical and plumbing equipment:
1. Complete manufacturer's specifications, including materials description and coatings.
2. Requirements for storage and protection prior to installation.
3. Installation procedures.
4. List of all requested exceptions to the Contract Documents and/or variations from the specified equipment.
B. All shop drawing submittals shall be accompanied by the Agency's standard submittal transmittal form. Any submittal not accompanied by such a form, or where all applicable items on the form are not completed, will be returned for resubmittal.
1. Sequentially number the transmittal forms. Resubmittals shall have original number with an alphabetic suffix.
2. Identify Contract, Contractor, Subcontractor and/or Supplier, pertinent drawing sheet and detail number(s), and specification
3. number, as appropriate. On standard drawings or data sheets, clearly indicate model and option being proposed and strike out all non-relevant data.
C. Normally, a separate transmittal form shall be used for each specific item or class of material or equipment for which a submittal is required. Transmittal of a submittal of various items using a single transmittal form will be permitted only when the items taken together constitute a manufacturer's "package” or are so functionally related that expediency indicates review of the group or package as a whole. A multiple-page submittal shall be collated into sets, and each set shall be stapled or bound, as appropriate, prior to transmittal to the Agency.
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D. Except as may otherwise be indicated herein, the Agency will return four (4) prints of each submittal to the Contractor with comments noted within twenty (20) calendar days following their receipt by the Agency. It is considered reasonable that the Contractor shall make a complete and acceptable submittal to the Agency by the second submission of a submittal item. Additional submittal reviews will be conducted at the Contractor’s expense as outlined in the General Conditions of these Specifications. Alternatively, the Agency reserves the right to withhold monies due the Contractor to cover additional costs of the Agency's review beyond the second submittal. The Agency's maximum review period for each submittal, will be twenty (20) days per submittal and the Contractor's resubmittal shall be made within twenty (20) days. Therefore, for a submittal that requires a second submittal before it is complete, the maximum period for that submittal could be seventy (70) days.
E. If four (4) copies of a submittal are returned to the Contractor marked "NO EXCEPTIONS TAKEN," formal revision and resubmission of said submittal will not be required.
F. If four (4) copies of a submittal are returned to the Contractor marked "MAKE CORRECTIONS NOTED," formal revision and resubmission of said submittal will not be required, unless specifically requested.
G. If a submittal is returned to the Contractor marked "REJECTED-RESUBMIT," the Contractor shall revise said submittal and shall resubmit the originally required number of copies of said revised submittal to the Agency.
H. Fabrication of an item shall be commenced only after the Agency has reviewed the pertinent submittals and the Agency has returned copies to the Contractor marked either "NO EXCEPTIONS TAKEN” or "MAKE CORRECTIONS NOTED." Corrections indicated on submittals shall be considered as changes necessary to meet the requirements of the Contract Documents and shall not be taken as the basis for changes to the contract requirements.
I. All Contractor shop drawing submittals shall be carefully reviewed by an authorized representative of the Contractor, prior to submission to the Agency. Each submittal shall be dated, signed, and certified by the Contractor, as being correct and in strict conformance with the Contract Documents. In the case of shop drawings, each sheet shall be so dated, signed, and certified. No consideration for review by the Agency of any Contractor submittals will be made for any items which have not been so certified by the Contractor. All non-certified submittals will be returned to the Contractor without action taken by the Agency, and any delays caused thereby shall be the total responsibility of the Contractor.
J. The Agency's review of Contractor shop drawing submittals shall not relieve the Contractor of the entire responsibility for the correctness of details and dimensions. The Contractor shall assume all responsibility and risk for any misfits due to any errors in Contractor submittals. The Contractor shall be responsible for the dimensions and the design of adequate connections and details. Neither review nor approval of shop drawings or submittals by the Agency shall relieve the Contractor from responsibility for errors, 919
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omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Agency in the letter of transmittal.
K. The Agency may schedule a submittal conference to provide for a rapid review of a submittal, should the project schedule warrant such a review. The Agency, Design Engineer, Contractor, and a qualified manufacturer's representative shall attend the submittal conference.
L. Requests for Information (RFls) shall be submitted to the Engineer using the RFI form which accompanies this section. RFls shall be numbered consecutively from the beginning of the project through the completion of the project.
M. The contractor shall submit shop drawings for the following:
1. Pipe and fittings.
2. Valves & valve boxes.
3. Pipeline Appurtenances
4. Concrete.
5. Steel.
6. Electrical Work
7. Other materials required by these Specifications
1.04 CONTRACTOR'S SCHEDULE
A. The Contractor's construction schedules and reports shall be prepared and submitted to the Agency in accordance with the Special Conditions.
1.05 WATER POLLUTION CONTROL PROGRAM
A. A Water Pollution Control Program (WPCP) will be completed by the Contractor and submitted for approval by the Agency. The WPCP shall be completed by a qualified individual and shall conform to the State of California requirements for projects of a similar nature.
1.06 SAMPLES
A. Whenever, in the Specifications, samples are required, the Contractor shall submit not less than four (4) samples of each such item or material to the Agency for review.
B. Samples, as required herein, shall be submitted for acceptance a minimum of thirty (30) days prior to ordering such material for delivery to the job site, and shall be submitted in an orderly sequence so that dependent materials or equipment can be assembled and reviewed without causing delays in the Work.
C. All samples submitted to the Agency shall be individually and indelibly labeled or tagged, indicating thereon all specified physical characteristics and the Manufacturer's name for identification. Upon receiving acceptance of the Agency, two (2) sets of the samples will be returned to the Contractor by the Agency. One set of samples will be retained by the 920
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Agency, and one set of samples shall remain at the job site with the Agency until completion of the Work.
D. Unless indicated otherwise, all colors and textures of specified items presented in sample submittals shall be from the manufacturer's standard colors and standard materials, products, or equipment lines. If the samples represent non-standard colors, materials, products, or equipment lines and their selection will require an increase in contract time or price, the Contractor shall clearly indicate same on the transmittal page of the submittal.
PART 2 - PRODUCTS (NOT APPLICABLE)
PART 3 - EXECUTION (NOT APPLICABLE)
END OF SECTION
IV.F SECTION 01320 - SCHEDULING AND REPORTING
PART 1 - GENERAL
1.01 GENERAL DESCRIPTION
This section specifies the scheduling of the work, which shall be performed by the Contractor. The development of the schedule, the cost loading of the schedule, monthly payment requisitions and project status reporting requirements of the Contract shall employ computerized Critical Path Method (CPM) scheduling. The CPM Schedule shall be cost loaded based on the schedule of values as approved by the Owner. The CPM schedule and all reports should be prepared with "MS Office" software or equal. Where submittals are required hereunder, the Contractor shall submit four copies of each submittal item.
The Contractor shall provide one unopened software package of the approved CPM scheduling program within ten (10) days after the Notice to Proceed. The software package shall be registered to the Owner and shall be complete with all options to facilitate all the requirements presented in this section, including printing capabilities.
1.02 INITIAL SCHEDULE SUBMITTALS
The Contractor shall submit two short term schedule documents at the Preconstruction Conference which shall serve as the Contractor's Plan of Operation for the initial 60 day period of the Contract Time and to identify the manner in which the Contractor intends to complete all work within the Contract Time. The Contractor shall submit (1) a 60-day Plan of Operation bar chart, and (2) a project overview bar chart type plan for all work as indicated below.
A. 60-Day Plan of Operation: During the initial 60 days of the Contract Time, the Contractor shall conduct Contract operations in accordance with the 60 day bar chart Plan of Operation. The bar chart so prepared and submitted shall show the accomplishment of the Contractor's early activities (mobilization, permits, submittals necessary for early material and equipment procurement, submittals necessary for long lead equipment 921
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procurement, CPM submittals, initial site work and other submittals and activities required in the first 60 days).
B. Project Overview Bar Chart: The overview bar chart shall indicate the major components of the project work and the sequence relations between major components and subdivisions of major components. The overview bar chart shall indicate the relationships and time frames in which the various components of the work will be made substantially complete and placed into service to meet the project milestones. Sufficient detail shall be included for the identification of subdivisions of major components into such activities as (1) excavation, (2) foundation subgrade preparation, (3) foundation concrete, (4) completion of all structural concrete, (5) major mechanical work, (6) major electrical work, (7) instrumentation and control work, and (8) other important work for each major facility within the overall project scope. Planned durations and start dates shall be indicated for each work item subdivision. Each major component and subdivision component shall be accurately plotted on time scale sheets not to exceed 36-inch by 60-inch in size. Not more than four sheets shall be employed to represent this overview information.
C. The Owner and the Contractor shall meet to review and discuss the 60-day plan of operations and project overview bar chart within 5 days after they have been submitted to the Owner. The Owner's review and comment on the schedules shall be limited to Contract conformance with the sequencing and milestone requirements as stated in other sections of the specifications. The
Contractor shall make corrections to the schedules necessary to comply with the Contract requirements and shall adjust the schedules to incorporate any missing information requested by the Owner.
1.03 CPM SCHEDULE SUBMITTALS
A. Original CPM Schedule Submittal: Within 45 days after the commencement date stated in the Notice to Proceed, the Contractor shall submit for review by the Owner a hard copy of the CPM Network Schedule and the Computerized Schedule Report tabulations. The Contractor shall also submit a CD (compact disk) that contains all of the schedule submittal information and data. A new disk with updated information shall be submitted with each change or submission of the CPM schedule. The disk shall contain data compatible with MS Office to generate network diagrams and schedule reports identical to the hard copies submitted. This submittal shall have already been reviewed and approved by the Contractor's Project Manager, Project Superintendent, and the Project Estimator prior to submission. The CPM Schedule shall be a time-scaled network diagram of the "I-j" activityon-arrow or precedence type. The Network Diagram shall describe the activities to be accomplished and their logical relationships and show the Critical Path. The schedule shall contain sufficient detail and information to cost load the CPM schedule in accordance with the approved schedule of values as specified. Each installation and site work activity shall have been cost loaded as specified.
The Computerized Schedule Report tabulations shall include the following:
1. Report of activities sorted by Activity Number.
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2. Report of activities sorted by Early Start date.
3. Report of activities sorted by Total Float.
4. Report of activities sorted by Responsibility Code. Responsibility Codes shall be established for the Contractor, Owner, subcontractors, suppliers, etc. These codes shall be identified in the Network Diagram.
5. A successor-predecessor report which shall identify the successor and predecessor activities for each activity and ties between schedule activities.
6. Cost loaded report supporting partial payment request.
B. Original CPM Schedule Review Meeting: The Contractor shall, within fifty-five (55) days from the commencement date stated in the Notice to Proceed, meet with the Owner to review the original CPM schedule submittal. The Contractor shall have his Project Manager, Project Superintendent, and the Project Scheduler in attendance. The Owner's review will be limited to the submittal's conformance to the Contract requirements.
However, the review may also include:
1. Clarifications of the design intent, process, and startup requirements.
2. Directions to include activities and information missing from the submittal.
3. Requests to the Contractor to clarify the schedule.
C. Revisions to the Original CPM Schedule: Within sixty-five (65) days after the commencement date stated in the Notice to Proceed, the Contractor shall have revised the original CPM schedule submittal to address all review comments from the original CPM schedule review meeting and resubmit the network diagrams and reports for the Owner's review. The Owner, within fourteen (14) days from the date that the Contractor submitted the revised schedule will either (1) accept the schedule and cost loaded activities as submitted, or (2) advise the Contractor in writing to review any part or parts of the schedule which either do not meet the Contract requirements or are unsatisfactory for the Owner to monitor the project's progress and status or evaluate monthly payment requests by the Contractor. The Owner may accept the schedule with conditions that the first monthly CPM schedule update be revised to correct deficiencies identified. When the schedule is accepted, it shall be considered as the "Original CPM Construction Schedule" until an updated schedule has been submitted. The Owner reserves the right to require that the Contractor adjust, add to, or clarify any portion of the schedule which may later be discovered to be insufficient for the monitoring of the Work or approval of partial payment requests. No additional compensation will be provided for such adjustments, additions or clarifications.
D. Acceptance: The acceptance of the Contractor's schedule by the Owner will be based solely upon the schedule's compliance with the Contract requirements. By way of the Contractor assigning activity durations and proposing the sequence of the Work, the Contractor agrees to utilize sufficient and necessary management and other resources to perform the work in accordance with the schedule. Upon submittal of a schedule update, 923
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the updated schedule shall be considered the "current" project schedule. Submission of the Contractor's progress schedule to the Owner shall not relieve the Contractor of the Contractor's total responsibility for scheduling, sequencing, and pursuing the Work to comply with the requirements of the Contract Documents, including adverse effects such as delays resulting from ill-timed work.
E. Monthly Updates and Periodic CPM Schedule Submittals: Following the acceptance of the Contractor's Original Construction Schedule, the Contractor shall monitor the progress of the
Work and adjust the schedule each month to reflect actual progress and any changes in planned future activities. Each schedule update submitted must be complete including all information
requested in the original schedule submittal and that shown in Subsection 6.0. Each update shall continue to show all work activities including those already completed. These completed
activities shall accurately reflect the "as built" information by indicating when the work was actually started and completed.
Neither the submission nor the updating of the Contractor's original schedule submittal nor the submission, updating, change or revision of any other report, curve, schedule or narrative
submitted to the Owner by the Contractor under this Contract, nor the Owner's review or acceptance of any such report, curve, schedule or narrative shall have the effect of amending or
modifying, in any way, the Contract completion date or milestone dates or of modifying or limiting, in any way, the Contractor's obligations under this Contract. Only a signed, fully executed change order can modify these contractual obligations.
The monthly schedule update submittal will be reviewed with the Contractor during a monthly construction progress meeting held on the twentieth (20th) work day of each month. The goal of
these meetings is to enable the Contractor and the Owner to initiate appropriate remedial actions to minimize any known or foreseen delay in completion of the Work and to determine the amount of Work completed since the last month's schedule update. The status of the Work will be determined by the percent complete of each activity shown in the Network Diagram. These
meetings are considered a critical component of the overall monthly schedule update submittal and the Contractor shall have appropriate personnel attend. As a minimum, these meetings shall
be attended by the Contractor's Project Manager and General Superintendent. Within seven (7) working days after the monthly progress meeting, the Contractor shall submit the revised CPM
Network Diagram, the revised CPM computerized tabulations as noted in this Section, the revised successor/predecessor report, the Project Status Reports as defined by Subsection
7.0 and the Contractor's Application for Payment. Within five (5) working days of receipt of 924
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the above noted revised submittals, the Owner will either accept or reject the monthly schedule update submittal. If accepted, the percent complete shown in the monthly update will be the basis for the Application for Payment to be submitted by the Contractor. If rejected, the update shall be
corrected and resubmitted by the Contractor before the Application for Payment for the update period can be processed.
F. Schedule Revisions: The Contractor shall highlight or otherwise identify all changes to the Network Diagram Schedule Logic or activity durations made from the previous schedule. The Contractor shall modify any portions of the CPM schedule which become infeasible because of activities behind schedule or for any other valid reason.
1.04 CHANGE ORDERS
Upon approval of a change order, or upon receipt by the Contractor of authorization to proceed with additional work, the change shall be reflected in the next submittal of the CPM schedule by the Contractor. The Contractor shall utilize a sub-network in the schedule depicting the changed work and its effect on other activities. This sub-network shall be tied to the main network with the appropriate logic so that a true analysis of the Critical Path can be made.
1.05 CPM STANDARDS
A. Definitions: CPM, as required by this Section, shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction." except that either "I-j" arrow diagrams or precedence diagramming format may be utilized. In the case of conflicts between this specification and the AGC Document, this specification shall govern.
B. Construction Schedules: Construction schedules shall include a graphic network diagram and computerized construction schedule reports as described in Paragraph 8.0.
C. Networks: The CPM network shall be in a form of a pure logic diagram or, if directed or approved by the Owner, a time scaled "I-j" activity-on-arrow or precedence type diagram and may be divided into a number of separate sheets with suitable match lines relating the interface points among the sheets. Individual sheets shall not exceed 36-inch by 60-inch (maximum 2 sheets).
D. Except for a pure logic diagram, all construction activities and procurement shall be indicated in a time-scaled format and a calendar time line shall be shown along the entire sheet length. Each activity arrow or node shall be plotted so that the beginning and completion dates of each activity are accurately represented along the calendar time line.
All activities shall be shown using the symbols that clearly distinguish between critical path activities, non-critical activities and free float for each non-critical activity. All activity items shall be identified by their respective Activity Number, Responsibility Code, Work Duration, and their Dollar Value. All non-critical path activities shall show their total float time in scale form by utilizing a dotted line or some other graphical means. 925
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E. Duration Estimates: The duration estimate indicated for each activity shall be computed in working days and shall represent the single best estimate considering the scope of the activity work and resources planned for the activity. Except for certain non-labor activities, such as curing of concrete or delivery of materials, activity duration shall not exceed 10 working days nor be less than one working day unless otherwise accepted by the Owner.
F. Float Time: Float time shall be as follows:
1. Definition: Unless otherwise provided herein, float as referenced in these documents, is total float. Total float is the period of time measured by the number of working days each non-critical path activity may be delayed before it and its succeeding activities become part of the critical path. If a non-critical path activity is delayed beyond its float period, that activity then becomes part of the critical path and controls the end date of the project. Thus, the delay of the non-critical path activity beyond its float period will cause delay to the project itself.
2. Float Ownership: Neither the Owner nor the Contractor owns the float time. The project owns the float time. As such, liability for delay of the project completion date rests with the party actually causing delay to the project completion date. For example, if Party A uses some, but not all of the float time and Party B later uses the remainder of the float time as well as additional time beyond the float time, Party B shall be liable for the costs associated with the time that represents a delay to the project's completion date. Party A would not be responsible for any costs since it did not consume all of the float time and additional float time remained, therefore, the project's completion date was unaffected.
1.06 SCHEDULE REPORTS (FORMAT)
A. Schedule Reports: Schedule Reports shall be prepared based on the Construction Schedule, and shall include the following minimum data for each activity:
1. Activity Numbers and Responsibility Codes.
2. Contract Number
3. Estimated Activity Duration.
4. Activity Description.
5. Activity's Percent Completion.
6. Early Start Date (Calendar Dated).
7. Early Finish Date (Calendar Dated).
8. Late Start Date (Calendar Dated).
9. Late Finish Date (Calendar Dated).
10. Status (Whether Critical).
11. Total Float for Each Activity.
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12. Free Float for Each Activity.
13. Cost Value for Each Activity.
B. Project Information: Each Schedule Report shall be prefaced with the following summary data:
1. Project Name.
2. Contractor.
3. Contract No.
4. Type of Tabulation.
5. Project Duration.
6. Contract Completion Date (revised to reflect time extensions).
7. The Commencement Date Stated in the Notice to Proceed.
8. The Data Date and Plot Date of the Network Diagram.
9. If an update, the new schedule completion date.
1.07 PROJECT STATUS REPORTING
A. In addition to the submittal requirements for the CPM scheduling identified in this Section, the Contractor shall provide monthly project status reports (Overview Bar Chart and a written narrative report) to be submitted in conjunction with the revised CPM Schedules as specified in Subsection 3.0. Status reporting shall be in the form specified below.
B. The Contractor shall prepare and submit monthly, an Overview Bar Chart schedule of the major project components. The overview bar chart schedule shall be a summary of the current CPM schedule (original and as updated and adjusted throughout the entire construction period). It shall be limited to not more than two sheets which shall not exceed 36-inch by 60-inch. The major project components shall be represented as time bars which shall be subdivided into various types of work including demolition, excavation and earthwork, yard piping, concrete construction, mechanical, electrical and instrumentation installations. Major components shall include each new structure by area designation, sitework, modifications to existing structures, tie-ins to existing facilities and startups.
Each major component and subdivision shall be accurately time scale plotted consistent with the project overview bar chart specified above. It shall represent the same status indicated by early start and finish activity information contained in the latest update of the CPM schedule. In addition, a percent completion shall be indicated for each major component and subdivision. The initial submittal of the overview bar chart schedule shall be made at the time that the revised original CPM schedule is submitted to the Owner (15 days from the commencement date stated in the Notice to Proceed). The Contractor shall amend the overview schedule to include any additional detail required by the Owner. The 927
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Contractor shall include any additional information requested by the Owner at any time during the construction of the Work.
C. The Contractor shall prepare monthly written narrative reports of the status of the project for submission to the Owner. Written status reports shall include:
1. The status of major project components (Percent Complete, amount of time ahead or behind schedule) and an explanation of how the project will be brought back on schedule
if delays have occurred.
2. The progress made on critical activities indicated on the CPM schedule.
3. Explanations for any lack of work on critical path activities planned to be performed during the last month.
4. Explanations for any schedule changes, including changes to the logic or to activity durations.
5. A list of the critical activities scheduled to be performed in the next two month period.
6. The status of major material and equipment procurement.
7. The value of materials and equipment properly stored at the site, but not yet incorporated into the work-in-place.
8. Any delays encountered during the reporting period.
9. An assessment of inclement weather delays and impacts to the progress of the Work.
The Contractor may include any other information pertinent to the status of the project.
The Contractor shall include additional status information requested by the Owner.
1.08 INCLEMENT WEATHER PROVISIONS OF THE SCHEDULE
A. The Contractor's construction schedule shall include at least ten (10) lost days on the CPM schedule's critical path due to inclement weather.
1.09 LIQUIDATED DAMAGES
A. If any submittal required by this Section is determined by the Owner to be incomplete or is submitted later than required, the Owner will suffer financial loss and, accordingly, liquidated damages will be assessed against the Contractor in accordance with these specifications.
PART 2 - PRODUCTS (NOT APPLICABLE)
PART 3 - EXECUTION (NOT APPLICABLE)
END OF SECTION
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IV.G SECTION 01500 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 - GENERAL
1.01 WORK INCUDED
A. Mobilization, storage yard, temporary utilities, security, access roads and parking areas, temporary controls and traffic regulation.
1.02 RELATED WORK
A. Section 01300: Submittals
1.03 SUBMITTALS
A. Storage yard description shall describe contractor's proposed methods for dust and noise control in storage areas to satisfaction of Owner.
1.04 MOBILIZATION
A. Obtain temporary easements, which Contractor may require for construction activities outside of existing easements and/or rights of way secured by Owner, at Contractor's expense.
1.05 TEMPORARY UTILITIES
A. Construction power shall be purchased or generated on-site for constructing Work where existing outlets are not available.
B. Provide safe drinking water and sanitation facilities on jobsite at all times.
C. Construction telephone shall be available at site at all times Work is in progress. Cellular phones are acceptable.
1.06 CONSTRUCTION AIDS
A. Scaffolding, rigging, hoisting and services needed to safely deliver and install products shall be provided. Remove same from premises when installation is complete.
1.07 TEMPORARY CONTROLS
A. Dust control operations shall prevent construction dust from harming or annoying persons living in or occupying buildings near Work. Use water or dust preventative to control dust. Cover or wet loads of excavated material or rubbish leaving site or of material being imported to prevent blowing dust.
B. Noise control shall be done to comply with local noise ordinances. Schedule Work to comply with noise ordinances. Install sound barriers if needed to comply with noise ordinances and Contract Documents.
C. Fire danger shall be minimized at and near construction site. Protect surrounding private property from fire damage resulting from construction operations.
D. Storm water management operations shall be conducted and maintained as needed to prevent runoff or seepage from entering excavations and to control erosion in 929
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conformance with
Federal, State and local regulations.
1.08 TRAFFIC REGULATION
A. Contractor shall implement whatever traffic control measures may be required to facilitate the Work of this contract, at no additional cost to Owner.
1.09 UNIT PRICES
A. Payment for verification of field dimensions and utility locations will be included in the price bid for items of Work which may require relocation or refitting if field dimensions differ from
those shown on plans.
B. Payment for power to be furnished by Contractor for construction use will be included in the price bid for items to which it is appurtenant. Payment under these items will include full
compensation for furnishing labor, products, tools, and equipment and doing work necessary to obtain and distribute power to construction purposes.
C. Payment for costs arising from fire or prevention of fire will be included in the price bid for items of work for which fire protection during construction is needed.
D. Payment for noise control facilities will be included in the price bid for items of work where noise control facilities are required during construction.
1.10 CONSTRUCTION SURVEYING
A. The first set of construction surveying/staking will be provided by the Owner. If additional survey and staking is required due to lost stakes the Contractor shall be required to pay for these costs. These costs will be deducted from monies due the Contractor by the Owner.
PART 2 - PRODUCTS (NOT APPLICABLE)
PART 3 - EXECUTION (NOT APPLICABLE)
END OF SECTION
IV.H SECTION 01505 - MOBILIZATION
PART 1 - GENERAL
1.01 GENERAL
A. Mobilization shall include the acquisition of all permits; moving onto the site all equipment; furnishing and erecting temporary buildings, and other construction facilities; and implementing security requirements; all as required for the proper performance and completion of the work. Mobilization shall include but not be limited to the following principal items:
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1. Moving on to the site of all Contractor's equipment required for construction operations.
2. Installing temporary construction power, wiring, and lighting facilities.
3. Establishing fire protection system.
4. Developing construction water supply as required.
5. Providing all on-site communication facilities, including telephones and radios for Contractor personnel.
6. Providing on-site sanitary facilities and potable water facilities for Contractor personnel.
7. Arranging for, and establishment of, Contractor's storage yard as required. (Contractor is solely responsible for obtaining property owner agreements to use private property for storage or laydown areas per the contract documents.)
8. Constructing and implementing security features and requirements in compliance with the Contract Documents.
9. Obtaining all required permits.
10. Having all OSHA required notices and establishment of safety programs.
11. Submitting initial submittals.
1.02 CONSTRUCTION FACILITIES PLAN
A. Prior to commencement of any field work, the Contractor shall submit a Construction Facilities Plan to Construction Manager for approval. Said plan shall show the layout, equipment, materials and procedures that Contractor proposes for construction of temporary electrical, telephone, lighting, heating, water, sanitation, field sheds, and other similar site facilities.
B. The Contractor's construction facilities shall be of a temporary nature. The Contractor shall be wholly responsible for the security of his site laydown area, and for all its materials, equipment and tools at all times.
PART 2 - PRODUCTS (NOT APPLICABLE)
PART 3 - EXECUTION (NOT APPLICABLE)
END OF SECTION
IV.I SECTION 01630 - OPERATION AND MAINTENANCE MANUALS
PART 1 - GENERAL
1.01 SCOPE
A. All Operation and maintenance manuals shall be provided and shall consist of the names and addresses of the manufacturer, the nearest representative of the 931
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manufacturer, and the nearest supplier of the manufacturer's equipment and parts. In addition, when applicable, the following items of information shall be provided for each item of equipment or equipment assembly:
1. Lubrication Information: This shall consist of the manufacturer's recommendations regarding the equipment lubricants to be used and the lubrication schedule to be followed.
2. Control Diagrams: Diagrams shall show internal and connection wiring, terminal numbers and wire numbers.
3. Start-Up Procedures: These instructions consist of the equipment manufacturer's recommendations for installation, adjustment, calibration, and troubleshooting.
4. Operating Procedures: These instructions shall consist of the equipment manufacturer's recommended step-by-step procedures for starting, operating, and stopping the equipment under specified modes of operation.
5. The manuals shall include a discussion of automatic control of the pumps as well as all other equipment. In addition, detailed, step-by-step procedures shall be included for manual operation of all equipment.
6. Preventative Maintenance Procedures: These instructions shall consist of the equipment manufacturer's recommended steps and schedules for maintaining the equipment. Included shall be equipment data sheet and pump curves, if applicable.
7. Overhaul Instructions: These instructions shall consist of the equipment manufacturer's directions for the disassembly, repair and reassembly of the equipment and any safety precautions that must be observed while performing the work.
8. Parts List: This list shall consist of all parts, their applicable numbers and materials of construction.
9. Spare Parts List: This list shall consist of the equipment manufacturer's recommendations of number of parts which should be stored by the Owner, any special tools that are not readily available from a major tool supplier and storage precautions which are required.
10. Exploded View: Exploded or cut views of equipment shall be provided if available as a standard item of the manufacturer's information. When exploded or cut views are not available, plan and section views shall be provided with detailed callouts.
11. Cross-sectional View: Cut view showing details of construction.
12. Warranty: Warranty and Maintenance Contract documentation shall be included in the Operation and Maintenance Manual.
13. Specific Information: When items of information not included in the above list are required, they will be provided as described in the specification for the equipment.
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14. Provide paint manufacturer's name and blend number for each type of paint used on each piece of equipment.
1.02 DRAFT OPERATIONS AND MAINTENANCE MANUALS
Two copies of the draft operation and maintenance manuals shall be submitted to the Engineer for review and comment. If manufacturer's standard brochures and manuals are used to describe operation and maintenance procedures, such brochures and manuals shall be modified to reflect only the model or series of equipment used on this project.
Extraneous material shall be crossed out neatly or otherwise annotated or eliminated.
1.03 FINAL TRANSMITTAL PROCEDURE
Once the draft operation and maintenance manuals are revised based on review comments, two copies of the specified final operation and maintenance manuals shall be provided to the District. The information shall be originals and shall be 3-hole punched and inserted into an overall binder. For ease of identification, each section of the operation and maintenance manual shall be clearly labeled with tabs. A table of contents shall be included in the front of the operation and maintenance manual.
PART 2 - PRODUCTS
2.01 PAYMENT
Acceptable operation and maintenance manuals must be delivered to the Engineer before the Contractor performs the operational testing of the reservoir and appurtenances.
Progress payments for items related to testing, close-out, or warranty will not be made until the specified acceptable operation and maintenance manuals have been delivered to the Engineer.
2.02 FIELD CHANGES
Following the acceptable installation and operation of an equipment item, the item's instructions and procedures shall be modified and supplemented by the Contractor to reflect any field changes or information requiring field data.
END OF SECTION
IV.J SECTION 01640 - PRODUCT SUBSTITUTION PROCEDURES
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Procedures and requirements for substituting products.
1.02 RELATED REQUIREMENTS
A. Section 01300, Submittals
1.03 GENERAL REQUIREMENT
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A. In compliance with the provisions of Section 3400 of the Public Contract Code of the State of California, the Contractor will have thirty (30) calendar days after award of the contract to submit data substantiating a request for substituting any “or equivalent” items.
Substitution requests shall be submitted and accepted by the District prior to the Contractor ordering materials.
B. Standard Products - Where products are specified by reference standard, any product meeting the standards referenced may be used. Information on such products shall be submitted in accordance with the requirements of Section 01300.
C. Proprietary Products – Where products or processes are specified or listed in the approved material list by trade, patent or proprietary name, said specification or approved material list, unless marked "no exceptions", shall be deemed to be followed by the words "or accepted equal accepted in writing by the District." In such case substitution of similar products as “accepted equals” will be considered under this section.
D. Selection of Proprietary Product - Where more than one proprietary name is specified or listed in the approved material list, the Contractor may provide any one of the products specified. Only one manufacturer shall be used for each specific application throughout the Work notwithstanding that similar materials or equipment of two or more manufacturers or producers may be specified for the same application.
E. Substitution Request Procedure - Submit a written request on the enclosed form for proposed substitutions to the District prior to deadline for receipt of substitution requests.
Submit proposed substitutions relating to a particular subcontract or trade in a single package. If the District accepts any proposed substitutions, such acceptance will be set forth in an Addendum. No substitution will be considered after the deadline for receipt of substitution requests has expired.
F. Contractor's Responsibility for Construction Modifications - Drawings have been detailed in compliance with dimensions and International Council of Building Officials (ICBO) Evaluation Report data for products specified. If proposed substitute product is accepted by the District, the Contractor shall assume both responsibility for construction modifications and additional costs required by reason of this acceptance. If substitution results in a decrease in cost, potential savings to the District may be submitted to the District for consideration.
G. Systems of Like Manufacture - Where products are specified in groups to be furnished by one manufacturer, no substitution will be considered that is not similarly furnished by one manufacturer. Where the Contractor proposes to use a system of equipment other than that shown in the Contract Documents, the substitution shall be proposed as a complete system.
H. No time extension will be allowed for substitution of materials.
1. Submittals
a. Furnish the following submittals for substitution requests. 934
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SUBMITTAL DESCRIPTION
Substitution Request Form Submit Substitution Request on form furnished (under attachments s Contractor’s Certification of
Performance and Assumption of Liability
Submit Certificate of Performance certifying that the proposed substi or better in all respects to the product specified and that the propose will, in all respects perform the function for which it is intended.
Certificate of Compliance Required as needed to substantiate Product Substitutions Dimensional Data Required for Product Substitutions
Material Samples Required as needed to substantiate Product Substitutions Manufacturer’s Statement of
Responsibility
Required at District’s discretion for Product Substitutions. See form at 01300.
Foundry or Test Record Transcripts Required as needed to substantiate Product Substitutions Material List and Ratings Required as needed to substantiate Product Substitutions Names and Addresses of Nearest Local
Manufacturer’s Representatives
Required for Product Substitutions (Use allotted space on attached Su Request Form)
List of Three Local Product Installations Names and contact information for three installations within a 100 m project completed within the prior three years. Required for Product allotted space on attached Substitution Request Form)
Manufacturer’s Service Contract
Statement of Qualifications
Required for installations of products which include optional mainten contracts
Warranty Furnish warranty equal to or better than warranty required for specif b. Determination of Equality - The burden of proof for demonstrating equality of the substituted item shall be the responsibility of the Contractor.
Acceptance of such substitutions is entirely at the discretion of the District. c. List of Accepted Substitutions - The District will issue to the Contractor a list setting forth those substitutions that have been accepted. No products proposed for substitution, shall be ordered before being accepted in writing by the District.
d. Products accepted as "accepted equals" shall, in the District's opinion, meet the following requirements:
1) Products shall be of equal quality, substance, function, and color to those listed.
2) Products shall be standard products of a reputable manufacturer having regularly been engaged for 5 years in manufacture of products furnished.
3) Products shall have a reputation for assuring long-lasting trouble-free service.
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4) Factory-authorized, factory-trained, and competent service personnel, and stocked service parts shall be available within a 150 mile radius of the Work.
5) Manufacturer shall be capable of certifying compliance with listed reference standards.
e. The District reserves the right to reject product substitutions solely on the basis of maintenance of economies of scale available to the District through standardizing on
manufacturers and minimizing spare parts inventories.
f. Denial of Substitution - If, in the opinion of the District the proposed substitution is not equal to or better in every respect to that of the specified product, or was not
submitted for acceptance in the manner outlined above, the Contractor shall furnish the specified products.
g. Responsibility for Coordinating Substitutions with Construction Trades – the Contractor shall inform all other trades, vendors, and subcontractors of the effects of substitutions on their work or products. Failure to notify shall not relieve the Contractor of their duty to make payments arising from alterations in specified products or methods needed to complete the Work in an approved and acceptable manner.
2. Contractor's Responsibility for Cost of Substitution Reviews a. The Contractor shall pay all costs incurred by the District to review Requests for Substitutions.
3. Responsibility for Spare Part Inventories
a. Provide spare parts inventory to accommodate two years’ typical maintenance. See technical specifications for further information for specific equipment items.
4. Substitution of “Inferior” Products
a. Products not meeting the above requirements shall, for purpose of this contract, be deemed “inferior” even if product’s only shortcoming is that the Contractor failed to submit a Substitution Request on said product prior to the stipulated deadline.
b. Substitution of "inferior" products shall not occur except where cost savings are offered to and accepted by the District in the form of a Change Order.
5. Bid Shopping and Reverse Auctions
a. Substitutions for products and services of Manufacturers, system integrators or subcontractors listed at time of bid and/or in the Contractor’s 936
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initial Submittal will only be permitted under one or more of the following circumstances:
1) Where the Contractor-listed manufacturer, system integrator, or subcontractor has gone out of business.
2) Where the Contractor-listed manufacturer, system integrator or subcontractor has, in the District’s opinion, failed to perform or no longer possesses both capability and willingness to perform to standard required by Contract Documents.
3) Where the Contractor-listed manufacturer, supplier, or subcontractor increases price quoted to the Contractor above, that quoted at time of bid, and the Contractor submits evidence of this acceptable to District.
4) Where the Contractor offers a credit to the District sufficient in the District’s opinion to justify accepting the substitution in the form of a Change Order.
FORMS: Located in the "Attachments" section.
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
END OF SECTION
IV.K SECTION 01650 - PRODUCT DELIVERY, STORAGE, AND HANDLING
REQUIREMENTS
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Transportation and handling, storage and protection of products
1.02 REFERENCED STANDARDS
A. California Stormwater Quality Association (CASQA) Stormwater Best Management Practice Handbook for Construction latest edition
B. ANSI/NSF 61 Drinking Water System Components – Health Effects
1.03 DELIVERY, STORAGE AND HANDLING
A. Ship and deliver products to jobsite as follows:
1. Do not ship, accept delivery of, or store items on site for which applicable submittals have not been accepted.
2. Before shipping, operate valves, motors, pumps, actuators, and mechanical equipment at the factory to ensure products are complete and in working condition. 937
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3. Only products of accepted manufacturers shall be delivered to or stored at the site.
4. Deliver products to the jobsite in manufacturer's original, unbroken, unopened, labeled packaging containers or bundles. Tag or label packages, containers, or bundles as needed
to identify contents and name of equipment of which contents form a part.
5. Deliver large multi-component assemblies in sections that facilitate field handling and installation.
6. Oil-lubricated gearing, bearings, and other lubricated components shall be shipped with oil soluble protective coating as described in the warranty requirements or as recommended
by the manufacturer. For parts contacting potable water, coating shall be NSFapproved. Coating shall provide protection for one year after final acceptance.
B. Store products at jobsite as follows:
1. Store materials per manufacturer’s recommendations, and in a protected area at a temperature between 35 degrees F and 110 degrees F.
2. Store products so as to preserve their quality and fitness for the Work. Locate stored products and equipment to be incorporated in the Work to facilitate prompt inspection. The Contractor shall be responsible for damage or loss to products until Final Acceptance.
3. Protect products against moisture, weather, temperature extremes, dust, debris, tampering, theft, vandalism, ultraviolet radiation, or damage from improper handling, storage, or exposure. Protect exposed metals from rust and corrosion even for items which may be sandblasted or otherwise cleaned before painting.
4. Store items not designed for outdoor exposure off the ground and under cover.
5. Store cementitious materials in weather-tight spaces. Keep free from moisture.
6. Store aggregate in well-drained area to minimize change in moisture content.
Prevent contamination by other materials.
7. Store fasteners and connectors in original unopened containers until used.
8. Ventilate materials subject to corrosion or moisture damage to prevent condensation.
9. Any corrosion evident prior to final acceptance shall be removed, or the product shall be removed or replaced.
10. Cover plastic and similar brittle items to protect from sun exposure and temperature extremes.
11. Cover stored materials with tarpaulin or other covering to prevent soiling or exposure to weather. Fasten coverings to prevent removal by wind. 938
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12. Store flammable products to conform with City, County, State, and Federal safety codes for storage of flammable materials.
13. Cover, plug, or cap pipe ends, valve ends and equipment openings with rubber, plastic or canvas to prevent intrusion or contamination.
14. Stringing of pipe along right of way shall be done in a manner that will not interfere with free passage of vehicles.
15. Do not store pipe on roadway or parkway of residential streets for more than 10 days.
16. Store items in accordance with requirements of project Storm Water Pollution Prevention Plan (SWPPP), if applicable. If a SWPPP has not been prepared for the project, store items
in accordance with the appropriate best management practices (BMP’s) listed in the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice Handbook for Construction latest edition. Comply with all City, County, State, and Federal pollution prevention laws and permits.
17. Notify the District in writing if delivered or stored product is damaged. Exterior surfaces of delivered items shall be in perfect unblemished condition. Do not repair damaged products without prior written approval.
C. Handle products as follows:
1. Handle products with care, using proper equipment according to manufacturer's recommendations. Lift large heavy items only at points designated by manufacturer.
Do not drop, drag, bump, bend or handle products in a manner that causes abrasions, bruises, cracks, mars, scars, scratches or other damage. Use padded slings and hooks for lifting as needed to prevent damage. Improper handling shall be cause to reject mishandled products.
2. Coated pipe, valves and other products shall be lifted, lowered or suspended using rubber or canvas belt slings or pneumatic-tired cradles. Sling width shall equal or exceed pipe or product diameter. Do not handle coated products using ropes, hooks, chains, calipers or cables. Store such materials on padded skids.
3. Inspect each product item for damage, defects, completeness and correct operation before installing.
4. Before installation, swab joints and interiors of piping materials to remove foreign matter.
5. Clean and protect machined surfaces and shafting from corrosion using proper type and amount of coating as described in warranty requirements to assure protection to one year
after final acceptance.
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6. Maintain records for the District's review of deliveries to show Contractor's order number, purchase order number and equipment number. Include labeling or shipping tag in records.
1.04 WARRANTY REQUIREMENTS
A. Manufacturer’s instruction and warranty requirements for delivery, storage and handling of products shall be strictly followed.
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
END OF SECTION
IV.L SECTION 01700 - PROJECT CLOSEOUT
PART 1 - GENERAL
1.01 DESCRIPTION
A. Contract closeout is the process that commences as the Work nears Substantial Completion. It continues through Substantial Completion, and Final Acceptance of the Work.
B. This specification section defines the overall change over process from construction (by the Contractor) to operations (by the Agency). The section defines the terms in this process, and
outlines the responsibilities of the Contractor, the Construction Manager, and the Agency.
1.02 CONTRACT CLOSEOUT SEQUENCE OF EVENTS
A. The sequence of events and their description listed below represent the suggested order of activities as the Contract proceeds from construction, through checkout, testing, Substantial Completion, and the Notice of Completion. Not all work will proceed in this exact order. Adjustments may be made, after approval by the Construction Manager, for the mutual benefit of the Contractor and the Agency, if the situation so warrants. Any adjustments made in the sequence of events, to accommodate the Contractor, shall be at no additional cost to the Agency.
B. Closeout Sequence of Events and Description:
1. Contract Closeout Deliverables: The Contractor shall provide the following:
a. Final Record Drawings.
b. Written guarantees, where required.
c. Certificates of inspection and acceptance by local governing agencies having jurisdiction.
2. Pre-Final Inspection and Discrepancy List: The Construction Manager will conduct a prefinal inspection of the Work prior to substantial completion. The Construction 940
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Manager will prepare a discrepancy list (punch list). The discrepancy list includes items of work which do not conform to the Contract Documents, plus any additional items found to be missing, incomplete, damaged, incorrect, or constructed in an unworkmanlike manner. The Contractor shall correct all items on the discrepancy list.
3. Substantial Completion: Following correction of items on the discrepancy list, and successful completion of the operation demonstration, the Contractor shall notify the Construction Manager that the Work is substantially complete. Refer to the contract documents for other requirements for Substantial Completion.
4. Final Inspection: Following written notice from the Contractor that the entire Work is complete, the Construction Manager, the Agency, the Contractor, and the Design Consultant will conduct a final inspection to verify that the Work is complete.
The Construction Manager will prepare a final punch list of all outstanding items.
5. Final Payment: After the Contractor has completed all final punch list items, and completed all other requirements, the Contractor shall submit a final application for payment to the Construction Manager. The final payment application will include all necessary documentation, in addition to waivers or releases of all liens filed in connection with the Work. The Contractor shall specifically release the Agency from any claims not specifically renewed on the final application for payment. After acceptance by the Construction Manager and the Agency, the Agency will make final payment to the Contractor after deducting all amounts to be retained under the provisions of the Contract Documents.
6. Notice of Completion: The Agency will file a Notice of Completion with the County Recorder to begin the 30-day stop notice filing period.
7. Release of Retention: Not more than 35 days after filing the Notice of Completion, the Agency will release to the Contractor all retainage, less any deductions to cover pending third party claims against the Agency.
1.03 SUBSTANTIAL COMPLETION
A. Substantial Completion includes compliance with the following requirements:
1. The Contractor has substantially completed the construction and erection of the Work in conformance with the Contract Documents.
2. The Contractor has installed, adjusted, and successfully tested products, equipment, and systems. The facilities are constructed as indicated by the erection, installation, and operations and maintenance instruction of the suppliers.
3. The Contractor has provided and completed the following items as approved by the Construction Manager.
a. Contract Closeout Deliverables.
b. Special Manufacturer's or Supplier's Warranties.
1.04 PRE-FINAL AND FINAL INSPECTIONS
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A. Pre-final and final inspections are surveys of the Contractor's work by the Construction Manager, the Agency, and the Design Consultant in order to create the list of incomplete or unsatisfactory items of work.
B. Prior to the pre-final and final inspections, the Contractor must complete the following:
1. Clean equipment and fixtures by removing temporary labels, stains, dirt, and other foreign substances.
2. Clean debris from pipes, gutters, basins, and drainage systems.
3. Clean site; sweep paved areas, rake clean unpaved surfaces.
4. Remove waste and surplus materials, rubbish, fencing, equipment, temporary utilities, and construction facilities from the site.
C. The discrepancy list(s) and punch list will include all items of work found to be unsatisfactory, missing, incomplete, damaged, incorrect, or improperly installed or constructed. Prior to Final Acceptance the Contractor shall correct the punch list items by re-work, modification, or replacement, at the option of the Construction Manager and at no additional cost to the Agency. The Construction Manager will re-inspect punch list items upon notice by the Contractor that they are complete.
PART 2 - PRODUCTS (NOT APPLICABLE)
PART 3 - EXECUTION
3.01 CLEANUP
A. The Contractor shall promptly remove from the vicinity of the completed work, all rubbish, unused materials, concrete forms, construction equipment, and temporary structures and facilities used during construction. Final acceptance of the Work by the Agency will be withheld until the Contractor has satisfactorily complied with the forgoing requirements for final cleanup of the project site.
3.02 MAINTENANCE AND GUARANTEE
A. The Contractor shall comply with the maintenance and guarantee requirements contained in the contract documents.
B. Replacement of earth fill or backfill, where it has settled below the required finish elevations, shall be considered as a part of such required repair work, and any repair or resurfacing which becomes necessary by reason of such settlement shall likewise be considered as a part of such required repair work unless the Contractor shall have obtained a statement in writing from the affected private Agency or public agency releasing the Agency from further responsibility in connection with such repair of resurfacing.
C. The Contractor shall make all repairs and replacements promptly upon receipt of written order from the Agency. If the Contractor fails to make such repairs or 942
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replacements promptly, the Agency reserves the right to do the work and the Contractor and his surety shall be liable to the Agency for the cost thereof.
3.03 BOND
A. The Contractor shall provide a bond to guarantee performance of the provisions contained in Paragraph "Maintenance and Guarantee" above, and in the Contract Documents.
END OF SECTION
IV.M SECTION 01730 - RECORD DRAWINGS
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Maintenance and delivery of marked-up record drawings showing the final locations of the work.
1.02 RELATED REQUIREMENTS
A. Section 01300, Submittals.
1.03 RECORD DRAWINGS
A. The Contractor shall maintain a set of contract drawings with neat and legible red-line markups showing the final locations of structures, piping, equipment, electrical conduits, outlet boxes, cables, and other components of the work.
B. Marking of the drawings shall be kept current and shall be done at the time the material and equipment are installed.
C. The Contractor shall not conceal any work until the required record drawing information has been recorded. The Construction Manager may direct the Contractor to expose concealed work if work was not recorded on the Record Drawings.
D. Record drawings shall be available to the Construction Manager at all times.
E. After the final walk through has been completed and before the project “final” is granted, the Contractor shall deliver record drawings to the Construction Manager.
F. The Contractor may submit additional 24" X 36" sheets detailing record work as approved by the Construction Manager.
G. Final payment shall not be made until the marked-up record drawings are delivered to and approved by the Construction Manager.
PART 2 - PRODUCTS (NOT APPLICABLE)
PART 3 - EXECUTION (NOT APPLICABLE)
END OF SECTION
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IV.N TRENCHING
If the Project involves the construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five (5) feet deep or more, then each Bidder must submit, as a Bid item, adequate sheeting, shoring, and bracing, or an equivalent method, for the protection of life or limb, which shall conform to applicable safety orders. This final submission must be accepted by the City in advance of excavation and must include a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from caving ground during the excavation Work. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
IV.O BIDDER’S EXAMINATION OF SITE AND CONTRACT DOCUMENTS Each Bidder must carefully examine the Project site and the entirety of the Contract Documents. Upon submission of a Bid, it will be conclusively presumed that the Bidder has thoroughly investigated the Work and is satisfied as to the conditions to be encountered and the character, quality, and quantities of Work to be performed and materials to be furnished. Upon Bid submission, it also shall be conclusively presumed that the Bidder is familiar with and agrees to the requirements of the Contract Documents, including all Addenda. No information derived from an inspection of records or investigation will in any way relieve the Contractor from its obligations under the Contract Documents nor entitle the Contractor to any additional compensation. The Contractor shall not make any claim against the City based upon ignorance or misunderstanding of any condition of the Project site or of the requirements set forth in the Contract Documents. No claim for additional compensation will be allowed which is based on a lack of knowledge of the above items. Bidders assume all risks in connection with performance of the Work in accordance with the Contract Documents, regardless of actual conditions encountered, and waive and release the City with respect to any and all claims and liabilities in connection therewith, to the extent permitted by law.
IV.P TRADE NAMES OR EQUALS
Requests to substitute an equivalent item for a brand or trade name item must be made by written request submitted no later than the date specified in Section 4-6 of the General Provisions. Requests received after this time shall not be considered. Requests shall clearly describe the product for which approval is requested, including all data necessary to demonstrate acceptability
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V. Submission Instructions & Questions
V.A Inquiries
If prior to the date fixed for submission of bids, a prospective Company discovers any ambiguity, conflict, discrepancy, omission or other errors in this bid package or any of its appendices or exhibits, the Company shall immediately notify the City of such error in writing and request modification or clarification of the document. Modifications shall be made by written Addenda to the bid.
If a Company fails to notify the City, prior to the date fixed for submissions of bids, of an error in the bid package known to the Company, or an error that reasonably should have been known to the Company, the Company shall submit its bid at its own risk, and if the Company is awarded a Contract, it shall not be entitled to additional compensation or time by reason of the error or its later correction.
All requests for clarifications, changes, exceptions, deviations to the terms and conditions set forth in this bid package must be submitted via the City’s electronic bidding website project “Q&A Tab” on the Banning Vendor Portal: https://procurement.opengov.com/portal/banning-ca.
The Final day for receipt of questions from bidders shall be on or before the date indicated in the schedule of events. To ensure fairness and avoid misunderstandings, all communications must be in electronic format and submitted via the City’s electronic bidding website. Any verbal communications will not be considered or responded to. All questions received by the due date will be logged and reviewed and if required, a response will be provided via an addendum to the bid package that will be posted on the City’s website. Any communications, whether written or verbal, with any City Councilmember or City staff with regards to project details and scope prior to award of a contract by City Council is strictly prohibited and the bidder shall be disqualified from consideration.
For technical assistance using the City’s electronic bidding website, please contact Barbara Mason, Purchasing Manager at 951-922-3121.
V.B Pricing Submission
Bid line items must be filled out electronically, and submitted electronically on the City’s electronic bidding website. Vendors must fill out and submit pricing before the deadline.
All bid submittals shall be for the specific items requested only, no substitutes.
Bids shall be submitted for NEW (not used, nor refurbished) items only. Bids that do not meet these requirements and the requirements in the "Scope of Work" section, will NOT be accepted, and will result in the company(s) being deemed non-responsive. 945
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V.C Bid Submission Requirements
The Final day for submission of bids shall be on or before the due date indicated in the schedule of events section.
Companies shall register on the City’s Vendor Portal,
https://procurement.opengov.com/portal/banning-ca
https://procurement.opengov.com/portal/banning-ca. Once registered, Companies must download the IFB by clicking “Download Documents” while logged in under their own name and identification number to appear on the Planholders List as a “Prospective Bidder.” Companies that fail to download the IFB will not appear on the Current Prospective Bidders List and their bid responses will be considered non-responsive. If a Company is unable to register or download the IFB from the bidding website, a representative may contact OpenGov.
All bids and supplementary documents must be uploaded using the City’s bidding website prior to event date and time as instructed in this solicitation. Once the file(s) has been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point respondents will receive an email confirmation from the bidding website.
The City reserves the right to reject any and all bids and to waive information and minor irregularities in any bid received.
Acceptance of Terms and Conditions - Submission of a bid pursuant to this IFB shall constitute acknowledgment and acceptance of all terms and conditions hereinafter set forth in this IFB.
The time and date are fixed, and extensions will not be granted unless specifically stated by the City in an addendum to this IFB. Bids not received before the bid event time will not be accepted.
V.D Addenda
Addenda alerts issued by the City are sent out electronically through the electronic bidding system via email to all Prospective Bidders on the list for this IFB. All addenda, if any, shall be acknowledged by the bidder electronically via the electronic bidding website as part of the bid response before the deadline. Failure to acknowledge an addendum, unless the requirement to acknowledge has been waived, will immediately cause the bidder’s bid response to be deemed non-responsive.
V.E COMPETENCY OF BIDDERS
In evaluating Bidder responsibility, consideration will be given not only to the financial standing, but also to the general competency of the Bidder for the performance of the Project. Each Bidder shall set forth in the designated area of the Bid form a statement of its experience. No Contract will be executed with a Bidder that is not licensed and registered with the DIR in accordance with State law, and with any applicable specific licensing requirements specified in these Contract Documents. These licensing and registration requirements for Contractors shall also apply to all Subcontractors.
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V.F WITHDRAWAL OF BID
A Bid may be withdrawn by a Prospective Bidder in the Electronic Bidding System before the Bid submission deadline. Bids must remain valid and shall not be subject to withdrawal for ninety (90) Days after the Bid opening date.
V.G BIDDER’S SECURITY
Each Bid shall be accompanied by cash, a certified or cashier’s check payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as principal and an admitted surety insurer as Surety, in an amount not less than ten percent (10%) of the amount set forth in the Bid. Personal or company checks are not acceptable. The cash, check or Bid Bond shall be given as a guarantee that, if selected, the Bidder will execute the Contract in conformity with the Contract Documents, and furnish the specified Bonds. No Bid Bond will be accepted unless it conforms substantially to the form provided in these Contract Documents.
If using a cash deposit, cashier’s check, certified check, it shall be delivered in original hard copy form, timestamped and received by the Purchasing Division BEFORE the bid event time. In addition to scanning and uploading a copy with your bid.
If using a Bidder’s Bond, it shall be fully executed (dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached) and submitted electronically via the City’s Electronic Bidding System with the remainder of the required bid documents BEFORE the bid event time. Bidder’s may be deemed non-responsive for submitting a non-fully executed Bidder’s Bond. In addition, mail or drop off an original hard copy of your bid bond to the Purchasing Department.
Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price. All Bonds must be issued by a California admitted Surety insurer using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney.
V.H REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)].
V.I PREVAILING WAGES
In accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the 947
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prevailing rate of per diem wages. Copies of those rates are on file with the Director of Public Works and are available to any interested party upon request. The Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the DIR.
V.J BONDS
Each Bid must be accompanied by a cash deposit, cashier’s check, certified check or Bidder’s Bond issued by a Surety insurer, made payable to the City and in an amount not less than ten percent (10%) of the total Bid submitted. Personal or company checks are not acceptable. Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price. All Bonds must be issued by a California admitted Surety insurer using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney. Failure to enter into the Contract with the City, including the submission of all required Bonds and insurance coverages, within fifteen (15) Days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law.
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VI. Pricing Proposal
BID SHEET - M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the City, utilizing the following Bid Schedule. Note: Items may be adjusted or deleted. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices submitted electronically by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses.
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Mobilization and Demobilization - See
Section 01025 Measurement and
Payment, 1.03, C for details.
1 Lump Sum
2 Demolition - - See Section 01025
Measurement and Payment, 1.03, D
for details.
1 Lump Sum
3 Site Grading and Asphalt Concrete -
See Section 01025 Measurement and
Payment, 1.03, E for details.
1 Lump Sum
4 Well Building Construction - See
Section 01025 Measurement and
Payment, 1.03, F for details.
1 Lump Sum
5 Electrical and Instrumental Equipment
for New Well Pump - See Section
01025 Measurement and Payment,
1.03, G for details.
1 Lump Sum
6 Well Pumps, Piping and
Appurtenances - See Section 01025
Measurement and Payment, 1.03, H
for details.
1 Lump Sum
7 Well Testing and Start-Up - See
Section 01025 Measurement and
Payment, 1.03, I for details.
1 Lump Sum
949
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
Line Item Description Quantity Unit of
Measure
Unit Cost Total
8 All Other Work - See Section 01025
Measurement and Payment, 1.03, J for
details.
1 Lump Sum
9 Furnish and Deliver Motor Control
Center ‘MCC’ as shown on drawing E08 and Specifications. 1 Lump Sum
10 Furnish and Deliver the Main Service
Switchboard ‘MSB’ as shown on
drawing E-08 and Specifications.
1 Lump Sum
TOTAL
950
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
VII. Vendor Questionnaire
VII.A Authorized Person(s)*
Please provide the following information for each person(s) authorized to submit a response on behalf of your organization:
Name
Title
Phone Number
Email Address
*Response required
VII.B Type of Business*
☐ C Corporation
☐ S Corporation
☐ Limited Liability C Corporation
☐ Partnership
☐ Limited Liability Partnership
☐ Sole Proprietor/Individual
☐ Other
*Response required
VII.C Other - Type of Entity
Please provide the entity type.
VII.D Type your Legal Company Name Here*
State your Company's Name Here. This will be verified against the California Secretary of State's Website.
*Response required
VII.E Vendor Forms
Please download the below documents, complete, and upload. • New_Vendor_Packet.pdf
VII.F EX PARTE COMMUNICATIONS CERTIFICATION*
I certify that Bidder and Bidder’s representatives have not had any communication with a City Councilmember concerning this IFB at any time after the date and time that this IFB was publicly advertised.
951
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
☐ Yes
☐ No
*Response required
VII.G EX PARTE EX PARTE COMMUNICATIONS CERTIFICATION CONTINUED* If stated "Yes" above, please explain the circumstances in the following space, or state "None." *Response required
VII.H DEBARRED, SUSPENDED, DISQUALIFICATIONS QUESTIONNAIRE* Has the Company, any officer of the Company, or any employee of the Company who has proprietary interest in the Company, ever been debarred, suspended, disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation? ☐ Yes
☐ No
*Response required
VII.I DEBARRED, SUSPENDED, DISQUALIFICATIONS QUESTIONNAIRE CONTINUED*
If stated "Yes" above, please explain the circumstances in the following space, or state "None." *Response required
VII.J DISCLOSURE OF GOVERNMENT POSITIONS*
Each Bidder shall disclose below whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None." *Response required
VII.K Attachments
If needed, please upload any additional attachments here.
VII.L Certification of Compliance *
Please download the below documents, complete, and upload. • Certification-Compliance_wi...
*Response required
VII.M CARB Compliance Form*
Please download the below documents, complete, and upload. This is also required for all subs. • CARB_Compliance_(NEW_01-01-...
952
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
*Response required
VII.N Iran Contracting Act of 2010 Compliance Affidavit* Please download the below documents, complete, and upload. • Iran_Contracting_Act_of_201...
*Response required
VII.O Provide your Sam.gov Unique Entity ID number.*
Be registered upon proposal submission and provide your Sam.gov Unique Entity ID number.
Active Registration Status Required.
Maximum response length: 25 characters
*Response required
VII.P Upload Proof of Good Faith Advertising efforts*
*Response required
VII.Q Rate Sheet & Additive or Deductive Item With Bid* Upload your rate sheet listing job titles, hourly rates, markup, discounts, and any other cost for any additional work that might be required to complete the project. If a change order is required, the cost will be based off this rate sheet.
*Response required
VII.R Do You Acknowledge & Following The 200 CFR Grant Requirements* Your company will follow all the required requirements listed in the attachment, "200 CFR GRANTS."
☐ Yes
☐ No
*Response required
VII.S Grant Agreement 4600014457 (Attached)*
I understand & will meet all of the grant requirements stated within this agreement. ☐ Yes
☐ No
*Response required
953
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
VIII. Terms & Conditions
VIII.A Award
Bid results can be viewed on-line after the bid closes.
The City reserves the right to reject any and all bids and to waive any informality related thereto.
It is the intention of the City to make a recommendation for award of the bid to the lowest responsive and responsible bidder. The City reserves the right to increase or decrease quantities or to remove items before award to remain within the limitations of the availability of approved funds. The apparent low Bidder will be notified prior to recommendation for award if such adjustments are deemed necessary.
Award may be made for all items or for individual items whichever is in the best interest of the City.
Bidder understands that bid may be made by individual item(s) and agree to abide by the terms and conditions of the bid.
A. Terms contrary to the terms and conditions listed in the bids will render the bid as NonResponsive.
B. The City may delete any items that it feels would be in the best interest of the City to purchase individually.
The City has adopted a local 5% bid preference for those bidders located within the City limit.
This preference may be applied to the total bid price during evaluation of the bid responses.
VIII.B Invoicing
Successful vendor shall invoice as items are delivered.
A. Payment will normally be made within 30 days of receipt of material.
B. Please place the Purchase Order Number on the invoice.
C. Bill To and Ship To the Same address as listed on the purchase order.
VIII.C Termination
The City may cancel this contract if product is of inferior quality, problems are not corrected in a timely manner, and vendor fails to maintain the required inventory. Once a contract is terminated, it is just cause to suspend bidder from bidders list for a minimum of three (3) years.
Failure to comply with the technical specifications of the bid. The City reserves the right to audit the required inventory and cancel the contract if the vendor fails to maintain the inventory required by this bid.
954
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
The City may also suspend the manufacturer from bidding if manufacturer does not give full support to this contract.
VIII.D DISQUALIFICATION OF BIDDERS
More than one bid from an individual, a firm or partnership, a corporation or an association under the same or different name will not be considered.
VIII.E REJECTION OF BIDS
Bids may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids uncalled for, incomplete bids, erasures, or irregularities of any kind; however, the City reserves the right to waive irregularities, or informalities.
VIII.F BID PROTEST PROCEDURES
Failure to comply with the rules set forth herein may result in rejection of the protest. Protests based upon restrictive specifications or alleged improprieties in the Bid procedure which are apparent or reasonably should have been discovered prior to receipt of Bids shall be filed in writing with the IFB Facilitator at least 10 calendar days prior to the deadline for receipt of Bids.
The protest must clearly specify in writing the grounds and evidence on which the protest is based.
Protests based upon alleged improprieties that are not apparent or which could not reasonably have been discovered prior to submission date of the Bids, such as disputes over the staff recommendation for contract award, shall be submitted in writing to the IFB Facilitator, within forty-eight hours from receipt of the notice from the City advising of staff’s recommendation for award of contract. The protest must clearly specify in writing the grounds and evidence on which the protest is based. The IFB Facilitator will respond to the protest in writing at least three days prior to the meeting at which staff’s recommendation to the City Council will be considered.
Should Bidder decide to appeal the response of the IFB Facilitator, and pursue its protest at the Council meeting, it will notify the IFB Facilitator of its intention at least two days prior to the scheduled meeting.
VIII.G PUBLIC RECORDS
All Bids submitted in response to this IFB become the property of the City and pursuant to the Public Records Act (Gov. Code, § 6250 et seq.) are public records, and as such may be subject to public review at least 10 days before selection.
The Company must notify the City in advance of any proprietary or confidential materials contained in the Bid and provide justification for not making such material public. The City shall have sole discretion to disclose or not disclose such material subject to any protective order that the Company may obtain. Note that under California law, pricing is not a trade secret. 955
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
Submission of a Bid shall indicate that, if Bidder requests that the City withhold from disclosure information identified as confidential, and the City complies with the Bidder’s request, Bidder shall assume all responsibility for any challenges resulting from the non-disclosure, indemnify and hold harmless the City from and against all damages (including but not limited to attorney’s fees that may be awarded to the party requesting the Bidder information), and pay any and all costs and expenses related to the withholding of Bidder information. Bidder shall not make a claim, sue, or maintain any legal action against the City or its directors, officers, employees, or agents concerning the disclosure, or withholding from disclosure, of any Bidder information. If Bidder does not request that the City withhold from disclosure information identified as confidential, the City shall have no obligation to withhold the information from disclosure and may release the information sought without any liability to the City.
The City reserves the right to make use of any information or idea contained in the Bid. All materials, ideas and formats submitted in response to this IFB will become the property of the City upon receipt.
VIII.H CANCELLATION
The City retains the right to cancel this IFB at any time, should it be deemed to be in the best interest of the City. No obligation either expressed or implied exists on the part of the City to make an award based on the submission of any Bids.
VIII.I CONFLICT OF INTEREST
The Bidder warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code sections 1090 et seq., or sections 87100 et seq., during the performance of services under any Agreement awarded. The Bidder further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.
VIII.J TERMS AND CONDITIONS
By submitting a bid, bidder agrees to adhere to all of the terms and conditions in the Agreement or the Purchase Order Terms and Conditions (sample is located in "Attachments") without exceptions. Failure to adhere to and furnish the applicable requirements listed in the Agreement or the Purchase Order Terms and Conditions within the required time period shall be just cause for the rescission of the award. If the successful Company refuses or fails to adhere to and furnish the applicable requirements, the City may award to the next lowest responsive, and responsible bidder.
956
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
VIII.K INSURANCE AND BONDS
The Contractor shall not begin Work until it has given the City evidence of all required insurance coverage (including all additional insured endorsements), a Bond guaranteeing the Contractor’s faithful performance of the Contract, and a Bond securing the payment of claims for labor and materials.
VIII.L SIGNATURES
The Bidder shall execute all documents requiring signatures and shall cause to be notarized all documents that indicate such a requirement. Bids submitted as joint ventures must so state and be signed by each joint venturer. The Bidder shall provide evidence satisfactory to the City, such as an authenticated resolution of its board of directors, a certified copy of a certificate of partnership acknowledging the signer to be a general partner, or a power of attorney, indicating the capacity of the person(s) signing the Bid to bind the Bidder to the Bid and any Contract arising therefrom. Alternatively, Bids submitted by corporations must be executed as specified in Corporations Code Section 313, and Bids submitted by partnerships must be executed by all partners comprising the partnership.
VIII.M NO COMPENSATION FOR COSTS INCURRED PRIOR TO CONTRACT
EXECUTION
All costs incurred by the selected Bidder prior to Contract award and execution of the Contract by the City shall be at the Bidder’s sole risk. City shall have no liability for costs incurred prior to its execution of the Contract.
VIII.N TAXES
Except as may be otherwise specifically provided herein, all sales and/or use taxes assessed by federal, State or local authorities on materials used or furnished by the Contractor in performing the Work shall be paid by the Contractor. The Bidder shall calculate payment for all sales, unemployment, pension and other taxes imposed by federal, State, and local law and shall include these payments in computing the Bid.
VIII.O LISTING SUBCONTRACTORS; SELF-PERFORMANCE
Each Bidder shall submit a list of the proposed Subcontractors on the Project, as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100, et seq.). Contractor shall self-perform not less than 50% of the Work, in accordance with Section 3- 2 of the Standard Specifications.
957
City of Banning
INVITATION FOR BIDS
IFB-24-092 M-12A WELL SITE EQUIPPING AND IMPROVEMENTS
VIII.P EXECUTION OF CONTRACT
The selected Bidder shall execute the Contract in the form included in these Contract Documents within fifteen (15) Days from the date of delivery of the Contract Documents to the Bidder. Additionally, the selected Bidder shall also secure all insurance and Bonds as herein specified, and provide copies to the City, within fifteen (15) Days from the date of delivery of the Contract Documents to the Bidder. Failure or refusal to execute the Contract or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the Bidder’s security. In such event, the City may declare the Bidder’s security forfeited to the extent permitted by law, and the City may award the Contract to the next lowest responsible Bidder or may reject all bids.
958
Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization and Demobilization - See Section 01025 Measurement and Payment,
1.03, C for details. 1 LS $120,000.00 $120,000.00
2 Demolition - - See Section 01025 Measurement and Payment, 1.03, D for details. 1 LS $40,500.00 $40,500.00 3 Site Grading and Asphalt Concrete - See Section 01025 Measurement and Payment,
1.03, E for details. 1 LS $100,000.00 $100,000.00
4 Well Building Construction - See Section 01025 Measurement and Payment, 1.03, F for details. 1 LS $606,100.00 $606,100.00
5 Electrical and Instrumental Equipment for New Well Pump - See Section 01025 Measurement and Payment, 1.03, G for details. 1 LS $435,600.00 $435,600.00 6 Well Pumps, Piping and Appurtenances - See Section 01025 Measurement and Payment, 1.03, H for details. 1 LS $940,300.00 $940,300.00 7 Well Testing and Start-Up - See Section 01025 Measurement and Payment, 1.03, I for details. 1 LS $30,900.00 $30,900.00
8 All Other Work - See Section 01025 Measurement and Payment, 1.03, J for details. 1 LS $500.00 $500.00 9 Furnish and Deliver Motor Control Center ‘MCC’ as shown on drawing E-08 and Specifications. 1 LS $145,000.00 $145,000.00
10 Furnish and Deliver the Main Service Switchboard ‘MSB’ as shown on drawing E-08 and Specifications. 1 LS $22,000.00 $22,000.00
Total $2,440,900.00
Bid Summary: IFB 24-092, Project 2022-07W, M-12A Well Site Equipping & Improvements 959
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Shah Nawaz, Deputy Water/Wastewater Director Art Vela, Director of Public Works
MEETING DATE: February 25, 2025
SUBJECT: Consideration of Resolution 2025-30, Awarding a Progressive DesignBuild Agreement for Phase 1 to AECOM Lyles JV for Project No. 2022- 01W “Wastewater Treatment Plant and Recycled Water Upgrades” in the Amount of $3,998,627, and Approving a 10% Contingency for a Total Project Budget of $4,398,490
RECOMMENDATION:
Adopt Resolution 2025-30.
BACKGROUND:
Wastewater Treatment Plant
The City of Banning Wastewater Treatment Plant (WWTP), also known as the Water Reclamation Facility, provides for the collection, treatment, and disposal of municipal sewage. The WWTP dates back to 1925 and began to see significant additions beginning in 1950’s and the last major renovation occurring in the early 2000’s. Currently, the WWTP treatment process consists of preliminary, primary, secondary, disinfection (currently not in use), and sludge disposal.
The WWTP has a design treatment capacity of 3.6 million gallons per day (MGD) and typical average daily discharges range from 2.0 MGD to 2.1 MGD into 10 unlined evaporation/percolation ponds. The treated effluent then percolates into the groundwater of the San Gorgonio Hydraulic Unit. Groundwater from this basin is used for municipal and industrial applications.
In 2007, the City contracted Parsons to evaluate treatment technologies for a 1.5 MGD water reclamation facility (WRF) for the production of recycled water. Treatment alternatives investigated included oxidation ditch (OD), conventional activated sludge (CAS), and membrane bioreactor (MBR).
The purpose of the evaluation was to determine the best option to comply with future Title 22 requirements for the beneficial reuse of recycled water. Parsons determined an MBR system was the best treatment option and completed a 90% design package of the WRF. Unfortunately, the project never reached 100% design and was terminated for various reasons. 2016 Regional Water Quality Control Board Order
On June 30, 2016, the California Regional Water Quality Control Board, Colorado River Basin Region (RWQCB) adopted Board Order R7-2016-0015 (Board Order), which describes the Waste Discharge Requirements (WDRs) and other terms and conditions of operation for the City’s WWTP. The Board Order requires the WWTP to remove constituents that present the greatest risk to groundwater quality such as nitrogen, coliforms, and total dissolved solids (TDS). 960
According to the United States Environmental Protection Agency (US EPA), the maximum contaminant level (MCL) for Nitrate as Nitrogen (TN) is 10 mg/L. Currently, the average TN concentration in the WWTP’s effluent is 29 mg-N/L, well above the future TN limit of 10 mg-N/L specified in the Board Order.
As a result, the Board Order required the City to conduct a nitrogen removal analysis and to summarize the findings in a technical report that includes a tentative work plan and time schedule for the installation and implementation of nitrogen removal treatment alternatives. The final technical report (Nitrogen Removal Feasibility Study), attached hereto, was completed and submitted to the RWQCB by the due date of June 30, 2020.
The City has had plans for the development of a Title 22 compliant recycled water source dating back to the early 2000’s and for this reason, the scope of the Nitrogen Removal Feasibility Study was expanded beyond complying with TN limits and included discharge requirements related to the use of recycled water.
Additionally, the Board Order requires that the City submit a plan for capacity improvements to the RWQCB once the WWTP reaches 80% of its design capacity, or 2.88 MGD, which is fast approaching due to increased development activity within the City.
2018 Integrated Master Plan
In 2016 the Public Works Department set out to develop new master plans for the City’s water, wastewater and future recycled water systems, which were previously updated in 2006. The final document resulted in a combined plan titled the Integrated Master Plan (IMP). The objective of the IMP was to develop capital improvement plans that would guide the City in the planning and development of water, wastewater and recycled water system facilities to meet system performance for existing customers as well as to support anticipated demands through the City’s buildout.
The IMP projected that the City would reach 80% capacity by 2025 (although could be later if development slows down) and have a buildout wastewater flow of 6.35 MGD. 2020 UWMP
On June 8, 2021 the City Council approved Resolution 2021-50, adopting the 2020 Urban Water Management Plan (UWMP). The UWMP is a planning document with a 20-year planning horizon that assess the water supply and water demand for the City. As part of the assessment all current water supplies and in the future water supplies are include as part of the City’s water supply portfolio, which includes the use of “recycled water” to supplement potable demands (i.e. irrigation demands) and for groundwater recharge.
Owner Advisor
On December 13, 2022, City Council adopted Resolution 2022-14UA, awarding a Professional Services Agreement to N2W Engineering ("N2W") to provide Owner Advisor ("OA") services for the Wastewater Treatment Plant Improvement project.
N2W has assisted the City in further review of available technologies and confirmed through a Feasibility Report that an MBR system would be the best solution for the City. Additionally, they prepared two grant applications for the City: (1) Water Recycling Funding Program Planning grant application which led to an award of $300,000 and (2) WaterSMART: Title XVI WIIN Act Water Reclamation and Reuse Program for which the City received a Notice of Funding Opportunity No. R23AS00464 (attached) in the amount of $16,194,576.
N2W also assisted in the preparation of a scope of work for a Request for Qualifications that led to the shortlisting of 3 design-build entities that prepared and submitted proposals for Phase 1 (Design) of the WWTP Upgrade Project.
Selection of Progressive Design Build Entity
961
On March 22, 2024, the City issued a Request for qualification (RFQ) seeking prospective Progressive Desing-Build (PDB) entities for the project. Statement of Qualifications (SOQs) were received from PDB entities on May 3, 2024. The City evaluated responsive SOQs in accordance with the RFQ; shortly thereafter, the City shortlisted the following three (3) PDB entities:
1. AECOM Lyles JV
2. Innovative Construction Solutions
3. PERC Water Corporation
Only these three (3) PDB entities were eligible to receive the Request for Proposal (RFP) which was issued on August 9, 2024. These PDB entities were requested to advance the design and provide detailed input as to the design and construction of the Project, including benefits to the Project’s reliability, ease and extent of upgrades and expansion and interconnection, and sustainability. Award of the Progressive Design-Build Contract was made utilizing a best value selection process and consisted of an evaluation of multiple factors as listed below in this RFP:
Project Team, Experience, and Approach (25 Points)
Technical Approach (25 Points)
Construction & Startup Process (20 Points)
Phase 1 – Cost and Fee Schedule (10 Points)
Interview (20 Points)
An evaluation committee consisting of two City Employees and two Owner’s Advisors was assembled to score each proposal based on the evaluation factors listed above. The resulting evaluation scores are as follows:
PDB Entity Score (out of 100)
AECOM Lyles JV 82.44
Innovative Construction Solutions 81.24
PERC Water Corporation 77.75
As a result, staff recommends awarding the Progressive Design-Build Agreement ("Agreement") for Phase 1 of the Wastewater Treatment Plant and Recycled Water Upgrades project to AECOM Lyles JV in the amount of $3,998,627.
If awarded, staff anticipates the Phase 1 (Design) scope of work to commence in early March 2025 through April 2026.
Phase 1 Services
This Phase includes all the planning, engineering, and permitting to prepare a complete design-todevelop a Guaranteed Maximum Price (GMP) and a construction schedule for Phase 2.
It shall be noted that at the completion of Phase 1 scope of work and upon agreement on the GMP by the City, AECOM Lyles JV will proceed with Phase 2 (Construction) for equipment procurement, construction, engineering design support during construction, construction management, commissioning and acceptance testing. Following the completion of Phase 1, the current estimated duration for Phase 2 is approximately another 2 years.
JUSTIFICATION:
The Wastewater Treatment Plant and Recycled Water Upgrades project includes the design and construction of major complex treatment technologies that will allow the City to comply with impending wastewater discharge requirements and to produce recycled water. A PDB approach is a collaborative delivery method that involves the design-builder throughout the design and construction process resulting in a project that will meet the City’s needs for the best value. 962
AECOM Lyles JV was ranked the highest following the RFP.
FISCAL IMPACT:
The recommended Progressive Design-Build Agreement for Phase 1 of the Wastewater Treatment Plant and Recycled Water Upgrades project to AECOM Lyles JV is in the amount of $3,998,627. Staff requests a 10% contingency in the amount of $399,862 for any unforeseen changes in scope of work or conditions. The total project budget for Phase 1, including the Agreement and contingency, is for an amount of $4,398,490.
The current adopted budget for Fiscal Year 2024/2025 includes the required funding for the Agreement, which will be funded as follows:
- Account No. 681 -8000- 454.95-12 : $1,000,000
- Account No. 682-8050-454.95-10: $3,398,490
ALTERNATIVES:
Do not approve Resolution 2025-30 and provide alternative direction to staff.
BUDGETED?:
Yes
CONTRACT/AGREEMENT:
Yes
ATTACHMENTS:
1. Resolution 2025-30, WWTP Design Build award.docx
2. Banning_DB_545_Agreement.pdf
3. Resolution No. 2021-050 (For Reference Purposes Only).pdf
4. Resolution No. 2022-14UA (For Refrence Purposes Only).pdf
5. RWQCB Order R7-2016-0015.pdf
6. Banning Nitrogen Removal Feasibility Study FINAL.pdf
7. BOR Notice of Funding Opportunity No. R23AS00464.pdf
8. AECOM-Lyles Proposal for RFP-24-074.pdf
9. AECOM-Lyles Pricing Proposal - Supporting Information.pdf
10. Banning DB 535 General Conditions.pdf
963
Resolution 2025-30