CITY OF FAIRFIELD
CITY COUNCIL
MEETING AGENDA
Tuesday, September 1, 2026, 6:00 p.m.
Harry T. Price Memorial Council Chamber
1000 Webster Street, Fairfield, CA 94533 or Via Zoom
Councilmember Doriss Panduro will be attending remotely via Zoom. Teleconference Location (Gov't Code 59453 (b)) 686 Anton Blvd., Costa Mesa CA 92626. **Open to the Public**
Councilmember Doug Carr will be attending remotely via Zoom. Teleconference Location (Gov't Code 59453 (b)) 2500 E 2nd St, Reno, NV 89595. **Open to the Public**
Notice to Public
The City of Fairfield is committed to providing meeting facilities that are accessible to persons with disabilities and/or have language barriers. To request meeting materials in alternative formats, or to request a sign language interpreter, realtime captioning, or other accommodation, please contact the City Clerk's Office, at least 72 hours in advance of the meeting at (707) 428-7400.
For individuals with hearing or speaking limitations, dial 711 or (800) 735-2922 (English). For Spanish, Tagalog or other language, please dial (800) 855-3000 and provide the communication assistant with the following City telephone number: (707) 399-4010.
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:
Pursuant to Government Code 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City's decision on the agenda item in the 12 months prior to the date the item is on the agenda. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member in the 12 months prior to the date the item is on the agenda are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.
Members of the public can observe the meeting on Roku City of Fairfield, Xfinity Channel 26, AT&T U-Verse Channel 99, and web streamed live at www.youtube.com/FFCATV. The public may join the meeting via Zoom at: https://fairfield.ca.gov/zoomcitycouncil or via phone (408) 638-0968, Webinar ID: 814 7538 5275, Passcode: 7074287400
Pages
A. CALL TO ORDER 6:00 PM
B. ROLL CALL
Councilmember Doug Carr
Councilmember Doriss Panduro
Councilmember Manveer Sandhu
Councilmember Scott Tonnesen
Councilmember K. Patrice Williams
Vice Mayor Pam Bertani
Mayor Rick Vaccaro
C. INVOCATION - Pastor Christian Bravo of Liberty Church D. PLEDGE OF ALLEGIANCE
E. COUNCIL REPORTS
F. CITY MANAGER'S REPORT
G. CITY ATTORNEY'S REPORT
H. CITY CLERK'S REPORT
I. PRESENTATIONS
I.1 Proclamation Declaring the 25th Anniversary of September 11 Presented by Mayor Rick Vaccaro
I.2 Fairfield Community Services Foundation Update Presented by Board Members Jeremy Profitt and Natalie Hicks
J. PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters, not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item, please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item, as determined by the mayor.
K. CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item.
Recommended Action:
To approve the consent calendar.
K.1 CM Minute Action Displaying the September 11 Flag 5
Minute Action Authorizing the Display of a Flag Commemorating the September 11's 25th Anniversary for the Month of September 2026
Funding Source: N/A
Contact: Esther Beavers, (707) 428-7402
Recommended Action:
Approve the minute action.
K.2 Resolution 2026-181 PW Canon Station Planning Area 5 – Neighborhood H, I1 & I2 Subdivision Improvement Agreement
7 Approving the Final Map and Authorizing Execution of the Subdivision Improvement Agreement for the Canon Station Planning Area 5 – Neighborhood H, I1 & I2 Subdivision
Funding Source: N/A
Contact: Ryan Panganiban, (707) 428-7017
Recommended Action:
Adopt resolution.
K.3 Resolution 2026-182 PW Lopes Road Construction Management Professional Services Agreement Award with Haley Aldrich
39 Authorizing the City Manager to Execute a Professional Services Agreement with Haley & Aldrich to provide Construction Management Services for the Lopes Road Emergency Storm Damage Repair Project and Authorizing an Update to the Fiscal Year 2026-2027 Capital Budget
Funding Source: $1,289,864 ($967,398, Federal Emergency Management Agency; $241,850, California Office of Emergency Services; $20,154, City of Benicia; $60,462, Senate Bill 1)
Contact: Michael Hether, (707) 428-7493
Recommended Action:
Adopt resolution.
K.4 Resolution 2026-183 HD Second Amendment to the City Data Services Professional Services Agreement
123
Approving the Second Amendment to the City Data Services Professional Services Agreement and Authorizing the City Manager to Execute Any and All Documents, Contracts, and Memorandum of Understanding
Funding Source: $87,764; CDBG Low-Mod Funds
Contact: LaTanya Terrones, (707) 428-7454
Recommended Action:
Adopt resolution.
K.5 Resolution 2026-184 CD Authorization to Amend Economic Development’s Fiscal Year 2027 Budget 2
166
Authorizing an Update to Fiscal Year 2026-2027 Economic Development Budget for the Revitalization & Enhancement Assistance Program (REAP) and Local/Regional Business & Partner Support Project Within Fund 551 Funding Source: $633,279; Intergovernmental Loan Fund (551) Contact: Nicole Benson, (707) 428-7463
Recommended Action:
Adopt resolution.
K.6 Resolution 2026-185 FD Fire Prevention Reorganization 172 Approving a Reorganization of the Fire Prevention Bureau and Amending the Fiscal Year 2026-2027 Fire Department Position Control
Funding Source: N/A
Contact: John Sturdee, (707) 436-7228
Recommended Action:
Adopt resolution.
L. ADJOURN
ADJOURN TO TUESDAY, SEPTEMBER 15, 2026, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Fairfield to all or a majority of the Fairfield City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, in the 4th floor lobby, 1000 Webster Street, Fairfield, California during normal business hours.
PUBLIC NOTIFICATION
I, Esther Beavers, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on Wednesday, August 26, 2026.
Agenda Item No: K.1
AGENDA REPORT
DATE: September 1, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: CM Minute Action Displaying September 11's 25th Anniversary Flag
Minute Action Authorizing the Display of a Flag Commemorating the September 11's 25th Anniversary for the Month of September 2026
Funding Source: N/A
Contact: Esther Beavers, (707) 428-7402
RECOMMENDED ACTION
Approve the minute action.
STATEMENT OF ISSUE
In accordance with the City of Fairfield’s “Outdoor Flag Policy,” Mayor Rick Vaccaro seeks City Council authorization to display the September 11's 25 th Anniversary flag in recognition of the 25th anniversary of September 11 . Since the flag will only be displayed during September 2026 and not on an annual basis, a resolution is not required.
DISCUSSION
September 11 is an official day of remembrance and prayer . This year , September 11 is remembered for its 25 th anniversary. Mayor Rick Vaccaro is seeking council approval to display the September 11 flag at the Fairfield Civic Center throughout September, beneath the U.S. and California flags.
The council's “Outdoor Flag Policy” (Resolution 2021-156) permits commemorative flags with council approval.
The September 911 flag is described as:
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may elect not to display the September 11 flag.
COORDINATED WITH
N/A
STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 428-7402
[email protected]
ATTACHMENTS
N/A
Agenda Item No: K.2
AGENDA REPORT
DATE: September 1, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-181 PW Canon Station Planning Area 5 – Neighborhood H, I1 & I2 Subdivision Improvement Agreement
Approving the Final Map and Authorizing Execution of the Subdivision Improvement Agreement for the Canon Station Planning Area 5 – Neighborhood H, I1 & I2 Subdivision
Funding Source: N/A
Contact: Ryan Panganiban, (707) 428-7017
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
Per Chapter 25, Division 6, Section 25.165 of the City of Fairfield Municipal Code, prior to the City Council’s approval of a final map, the developer shall enter into an agreement with the City to construct the proposed improvements. The recommended actio n approves the final map, authorizes the city engineer to accept the subdivision design drawings for construction, and authorizes execution of the Subdivision Improvement Agreement (Agreement) for the Canon Station Planning Area 5 – Neighborhood H, I1 & I2 subdivision (Subdivision).
DISCUSSION
One Lake Holding LLC (Developer) intends to develop the subdivision within Planning Area 5 of the Train Station Specific Plan (TSSP). The Master Planned Unit Development (MPUD) entitlements for Planning Area 5 were initially approved by the Planning Commission on October 27, 2021, through Resolution No. 2021 -22, and were subsequently amended during an administrative hearing held on April 15, 2024, for project number PDA2024-001.
The council’s approval of the final map for this Subdivision will allow the Developer to construct 133 single-family residential homes in Planning Area 5. The proposed Subdivision is a portion of undeveloped land of approximately 85.45 acres. Separately, this final map also creates 31
privately-owned and maintained pedestrian realms and water quality basin parcels, which shall be granted in the future to the homeowner’s association.
As part of the development obligations, the Developer will be providing dust control by frequently applying wa ter to the site throughout construction, which is a typical mitigation measure. The proposed improvements will have no traffic impacts, as the improvements contemplated are outside of any active public roadways. Additionally, the Developer will minimize disturbances to nearby residents by working within the allowed construction hours, between 7:00 a.m. and 5:00 p.m., and providing public outreach to notify residents of any anticipated construction impacts.
Approval of the final map and execution of the Agr eement will obligate the Developer to construct all public and private improvements, including streets, underground utilities, streetlights, and pedestrian sidewalk, to serve future residents of the proposed subdivision.
The Developer has provided all the necessary bonds and insurance and has paid the fees required to enter into this Agreement.
FINANCIAL IMPACT
There is no cost to the City for constructing the public improvements outlined in the Agreement.
Upon acceptance of these improvements by the cou ncil, the City will be responsible for the maintenance, including public roadways (Open Green Drive, Cycle Drive, Trailblaze Dr, Endurance Drive, Angora Lane, Redhawk Drive, Explorer Drive, Cadence Lane, Breakaway Drive) as well as all public water, sewer, and storm utilities located within these streets. The future homeowners’ association will be responsible for maintaining the improvements within the pedestrian realm, which include landscaping, irrigation, streetlights, and sidewalks.
Additionally, the homeowners’ association will maintain multiple parcels (Parcel C through EE) dedicated to landscaping, open space, water quality, access, and private utilities including all related appurtenances. Maintenance costs will be funded through the newly establis hed TSSP Community Facilities Districts (CFD) No. 2023-1 and CFD No. 2023-2.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Sections 66458 and 66462 of the Subdivision Map Act require that the council approve the Agreement if conditi ons of the tentative map have been met. The Developer has met the necessary conditions and has provided the proper documents for the Agreement; however, if the council has any remaining questions approval may be postponed until the questions are addressed.
COORDINATED WITH
Community and Economic Development Department
STAFF CONTACT
Bryan Dumapay, Junior Engineer
(707) 428-7743
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Agreement
CITY OF FAIRFIELD
RESOLUTION NO. 2026-181
APPROVING THE FINAL MAP AND AUTHORIZING EXECUTION OF THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE CANON STATION PLANNING AREA 5 – NEIGHBORHOOD H, I1 & I2 SUBDIVISION
WHEREAS, the Planning Commission of the City of Fairfield reviewed and approved the Master Planned Unit Development Permit for Planning Area 5 tentative subdivision map on October 27, 2021, by adopting Planning Commission Resolution No. PC2021-22, as amended by public hearing held in April 2024; and
WHEREAS, the final subdivision map of the Canon Station Planning Area 5 – Neighborhood H, I1 & I2 subdivision, with provisions for its design and improvement, is consistent with the General Plan and the Specific Plan of the City of Fairfield; and
WHEREAS, the final map is in substantial compliance with the previously approved tentative map; and
WHEREAS, staff has reviewed the engineering design , plans, and specifications for the Canon Station Planning Area 5 – Neighborhood H, I1 & I2 subdivision subdivision and found them to be reasonable and consistent with the current City Standard Specifications and Details; and
WHEREAS, pursuant to Section 25.164 of the City’s Municipal Code, the City Engineer has examined the final map and accessory data submitted and has determined that the subdivision as shown meets the requirements of the approved tentative map, the Subdivision Map Act, and the provisions of said ordinance and is technically correct; and
WHEREAS, the developer has provided all the necessary bonds , insurance, and paid the fees required to enter into this improvement agreement.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The final map of the Canon Station Planning Area 5 – Neighborhood H, I1 & I2 subdivision is hereby approved subject to the execution by all parties of the subdivision improvement agreement for that subdivision.
Section 2. All offers of dedication shown on said map are hereby accepted, subject to the improvement thereof required by the subdivision improvement agreement.
Section 3. The director of public works is hereby authorized to accept deeds or grants conveying any interest in or easement upon real estate on behalf of the city and to consent to the recordation of said documents.
RES. NO. 2026-181
Section 4. The plans and specifications for the Canon Station Planning Area 5 – Neighborhood H, I1 & I2 subdivision are hereby approved, and the city engineer is authorized and directed to sign and approve the engineering plans, final map, and landscape drawings associated with the improvement agreement.
Section 5. The city manager is authorized and directed to execute that certain subdivision improvement agreement, between the City and One Lake Holding, LLC , to provide for the subdivision improvements required b y the Subdivision Map Act and Chapter 25 (Subdivision Regulations) of the Fairfield City Code.
Section 6. The city manager is hereby authorized to do all things necessary and proper to implement the above-mentioned agreement.
PASSED AND ADOPTED this 1st day of September 2026, by the following vote:
AYES: MEMBERS: VACCARO/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
2022 Cost 2023 Cost 2024 Cost 2025 Cost 2026 Cost
Traffic AB 1600 Fee $ 930,202.00 $ 979,215.26 $ 1,014,326.72 $ 1,007,660.87 $ 1,013,914.85 Northeast Traffic Impact Fee $ 2,457,308.00 $ 2,586,785.98 $ 2,679,539.68 $ 2,661,930.53 $ 2,678,451.63 Northeast Linear Park Fee $ 610,603.00 $ 642,776.27 $ 665,824.13 $ 661,448.53 $ 665,553.77 Assigned Fees 3,998,113.00$ 4,208,777.52$ 4,359,690.53$ 4,331,039.93$ 4,357,920.24$ 2022 Assignment Total =
2022 Assignment Total = 133 x ( $6994 + $18476 + $4591 ) x 150% (low-density) $3,998,113.00 x 150% = $5,997,169.50
2023 Assignment Total = $5,997,170 x CCI Escalation
$5,997,170 x (1 + .0527)
= $6,313,166.28
2022 2023 2024 2025 2026
6,994.00$ 7,362.52$ 7,626.52$ 7,576.40$ 7,623.42$ 18,476.00$ 19,449.52$ 20,146.91$ 20,014.52$ 20,138.73$ 14,042.00$ 14,781.89$ 15,311.92$ 15,211.29$ 15,305.70$ 4,591.00$ 4,832.90$ 5,006.20$ 4,973.30$ 5,004.16$ 4,082.00$ 4,297.08$ 4,451.16$ 4,421.91$ 4,449.36$ Date SF CC Index Annual Running
12/1/2010 10,120.29
12/1/2011 10,204.79 0.83%
12/1/2012 10,355.09 1.473%
12/1/2013 10,898.84 5.251% 5.251%
12/1/2014 10,915.84 0.156% 5.415%
12/1/2015 11,155.41 2.195% 7.729%
12/1/2016 11,609.44 4.070% 12.113%
12/1/2017 12,014.72 3.491% 16.027%
12/1/2018 12,115.37 0.838% 16.999%
12/1/2019 12,764.52 5.358% 23.268%
12/1/2020 13,168.76 3.167% 27.172%
12/1/2021 14,228.24 8.045% 37.403%
12/1/2022 14,977.94 5.269% 44.643%
12/1/2023 15,515.00 3.586% 49.830%
12/1/2024 15,413.04 -0.657% 48.845%
12/1/2025 15,508.70 0.621% 49.769%
May 21, 2013
April 1, 2014
October 4, 2022
December 5, 2022
April 1, 2023
*NOTE: City Council Resolution No. 2022-146 updated the Citywide Transportation Impact Fee and Northeast Area Development Impact Fees from the original Fee Study, previously adopted per City Council Resolution No. 2013-69 *NOTE: Fees escalated per the Engineering News Record Construction Cost Index as outlined in Fairfield Resolution 2013-69 (Section 1, 3, and 4) & Resolution 2022-269
*NOTE: First date of 2013 Fee Study fee:
*NOTE: First date of escalation:
*NOTE: Fee Study Update
*NOTE: First date of updated fee:
*NOTE: First date of new escalation:
Number of Low-Density Dwelling Units (Neighborhood H, I1 & I2) San Francisco Construction Cost Index Table
133
1) Traffic AB 1600 (Citywide Traffic Impact Fee), per single-family dwelling unit 2) Northeast Traffic Fee, per low-density unit
3) Northeast Traffic Fee, per medium-density unit
4) Northeast Linear Park Fee, per low-density unit
5) Northeast Linear Park Fee, per medium-density unit
*NOTE: Per Planning Condition under Section E (Density Transfer), #2, all development areas shall pay impact fees at the LR rate. *NOTE: Per Section 5.8.1 of the DA, the City may assign Transportation Improvements , as defined by the DA, equal to 150% of the number of dwelling units multiplied by the fee per density category. *NOTE: Calculation Formula and Example
Number of Residential Units x (Citywide Traffic Impact Fee + Transportation Component of NE Fee ) x (Citywide Traffic Impact Fee + Transportation Component of NE Fee ) x 150% *NOTE: Impact Fees are based on the fees adopted by City Council Resolution No. 2022-269
Agenda Item No: K.3
AGENDA REPORT
DATE: September 1, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026 -182 PW Lopes Road Construction Management P rofessional Services Agreement Award with Haley Aldrich
Authorizing the City Manager to Execute a Professional Services Agreement with Haley & Aldrich to provide Construction Management Services for the Lopes Road Emergency Storm Damage Repair Project and Authorizing an Update to the Fiscal Year 2026-2027 Capital Budget
Funding Source: $1,289,864 ($967,398, Federal Emergency Management Agency; $241,850, California Office of Emergency Services; $20,154, City of Benicia; $60,462, Senate Bill 1)
Contact: Michael Hether, (707) 428-7493
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
During the winter storms in 2023, the hillside along Lopes Road became saturated and caused a landslide that significantly damaged a section of Lopes Road, a City of Fairfield 30 -inch potable water pipeline, and a 36 -inch City of Benicia raw water pipeline. The City is working collaboratively with the Federal Emergency Management Agency (FEMA), Federal Highway Administration (FHWA), California Office of Emergency Services (Cal OES), and the City of Benicia to reconstruct th e damaged critical infrastructure. Adoption of the proposed resolution authorizes the city manager to execute a Professional Services Agreement (PSA) with Haley & Aldrich for construction management services during construction of the Lopes Road Emergency Storm Damage Repair Project (Project, CPW090069).
DISCUSSION
During the winter storms, the hillside along Lopes Road became saturated and caused a landslide that significantly damaged a section of Lopes Road, a City of Fairfield 30 -inch potable water pipeline, and a 36-inch City of Benicia raw water pipeline. Both Cities declared local emergencies to seek assistance from the State and Federal governments. In late March 2023, Governor Gavin
Newsom announced that the White House approved the State’s request for federal assistance to support local response and recovery efforts. On June 9, 2023, Solano County was added to the list of counties eligible for disaster-related assistance from Cal OES and FEMA. In August 2024, it was determined that the roadway portion of the Project is ineligible for FEMA reimbursement and may be reimbursable through FHWA. An application for the roadway portion was submitted to FHWA and has been awarded.
The Cities of Fairfield and Benicia experienced water pipeline and roadway damage and share the need to repair the infrastructure and stabilize the adjacent hillside slope. On February 6, 2024, the council adopted Resolution No. 2024-20, approving and authorizing the execution of a Memorandum of Understanding (MOU) between the Cities for efficient Project delivery with two additional amendments added in 2025 and 2026.
As part of this collaborative effort, Public Works staff from both Cities created a Project delivery team that meets weekly to discuss Project progress, coordinate activities, and address Project matters. Representatives from FEMA and Cal OES also regularly participate in these meetings to provide guidance and assistance. The MOU establishes the framework for the Cities' collaboration and memorializes their respective cost-sharing and Project delivery obligations.
The Project involves stabilization of the slope above Lopes Road through Deep Soil Mixing (DSM), removal and replacement of a damaged 30-inch City of Fairfield water line and 36-inch City of Benicia water line, reconstruction of Lopes Road, striping installation and guardrail replacement.
To ensure compliance with Federal grant requirements, construction of this Project requires extensive oversight, inspection, testing, and coordination beyond the City’s resource availability.
Additionally, these services will be provided for both the Cities of Fairfield and Benicia.
The proposed scope of work includes Request for Information (R FI) submittals and review, maintenance of as -built Project plans, coordination and leadership of progress meetings, monitoring of labor compliance, construction observation, material testing, and monitoring of environmental compliance, as detailed in Exhibit A of the proposed agreement.
FINANCIAL IMPACT
The total authorization for th is agreement PSA with Haley & Aldrich for the construction management services will be $1,289,863.52 which is the total amount plus a 10% contingency ($1,172,603.20 total amount + $ 117,260.32 contingency). This agreement will be funded with $967,397.64 from the FEMA grant, $241,849.41 from the Cal OES grant, $20,154.12 from the City of Benicia, and $60,462.35 from Senate Bill 1 (Fund 163).
The PSA costs for Haley & Aldrich of $1,289,863.52 were not included in the FY 2026-2027 Capital Improvement Plan for the Lopes Road Emergency Storm Damage Repair Project (CPW090069). A budget adjustment of $1,289,863.52 is required to authorize the funding for the additional construction costs to include FEMA grant funding of $967,397.64, Cal OES grant funding of $241,849.41, City of Benicia funding of $20,154.12, and Senate Bill 1 funding of $60,462.35 (Fund 163), and increase appropriations in the Water Capital Fund (Fund 462).
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to award the PSA with Haley & Aldrich for construction management services; however, this alternative is not recommended as it would delay construction of the Project and may potentially risk Federal grant funding for the repairs.
COORDINATED WITH
Finance Department and City of Benicia
STAFF CONTACT
Bryan Heinzelman, Associate Civil Engineer
(707) 434-6157
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Agreement
CITY OF FAIRFIELD
RESOLUTION NO. 2026-182
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH HALEY & ALDRICH TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR THE
LOPES ROAD EMERGENCY STORM DAMAGE REPAIR PROJECT AND AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2026-2027 CAPITAL BUDGET
WHEREAS, during the winter storms in 2023, the hillside along Lopes Road became saturated and caused a landslide that significantly damaged a section of Lopes Road, a City of Fairfield 30 -inch potable water pipeline, and a 36-inch City of Benicia raw water pipeline; and
WHEREAS, the City of Fairfield and the City of Benicia declared local emergencies to seek assistance from the State and Federal governments; and
WHEREAS, the cities have received authorization from the Federal Highway Administration (FHWA) and the Federal Emergency Management Agency (FEMA) to proceed with construction for the Lopes Road Emergency Storm Damage Repair Project (Project); and
WHEREAS, the work requires coordination between many entities including City of Fairfield, City of Benicia, FEMA, and FHWA; and
WHEREAS, full-time construction management and observation is necessary to complete the Project; and
WHEREAS, Haley & Aldrich , Inc. are qualified and capable of overseeing the construction management for this Project; and
WHEREAS, city staff recommends City Council approve the professional services agreement with Haley & Aldrich, Inc. in the amount of $1,172,863.20; and
WHEREAS, funding in the amount of $1,289,863.52 was not allocated in the City’s approved fiscal year ( FY) 2025-2026 through 2029 -2030 Capital Improvement Plan, thus requiring an amendment of $1,289,863.52 to the Capital Water Fund (Fund 462) to cover the additiona l construction costs and update the funding of the project; and
WHEREAS, the revised appropriation constitutes an update the FY 2026 -2027 budget approved pursuant to Resolution 2026-114.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager or designee is authorized to execute a professional service agreement with Haley & Aldrich for the Project in the amount of $1,172,603.20.
RES. NO. 2026-182
Section 2. The director of public works or designee is hereby authorized to execute and administer change orders for an amount not to exceed the 10% contingency of the agreement value in the amount of $117,260.32, bringing the total amount to $1,289,863.52.
Section 3. The council hereby approves a budget amendment of $1,289,863.52 to increase the project budget. Funding for this amendment results in an increase of $967,397.64 of FEMA Grant funds, an increase of $241,849.41 of Cal OES grant funds, an increase of $20,154.12 of City of Benicia funding, and an increase of $60,462.35 of Senate Bill 1 (Fund 163).
Section 4. The council hereby approves an increase in appropriations of $1,289,863.52 to the FY 2026 -2027 Capital Water Fund (Fund 462) for the Lopes Road Emergency Storm Damage Repair Project (CPW090069).
Section 3. The city manager or designee is hereby authorized to do all things necessary to implement the above-mentioned contract.
PASSED AND ADOPTED this 1st day of September 2026, by the following vote:
AYES: MEMBERS: VACCARO/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made at Fairfield, California, as of _____________, 20____, by and between the City of Fairfield, a municipal corporation (the “CITY") and Haley & Aldrich, Inc ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.”
2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.
CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.” 3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS. The general provisions set fort h in Exhibit “C” are part of this Agreement. In the event of any inconsistency betwee n said insurance requirements and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistenc y between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control. 6) BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 10B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any CONSULTANT until such business license has been obtained, and all fees paid therefore, by the CONSULTANT. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533 -4883, (707-428-7509) and online at www.fairfield.ca.gov/biz.
7) EXHIBITS. The exhibits to this Agreement are Exhibi t “A” (Scope of Service), Exhibit “B” (Payment), Exhibit “C” (General Provisions), Exhibi t “D” (Insurance Requirements), and Exhibit “E” (Federal Contract Provisions). All exhibits referre d to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect through December 31, 2027. 9) GOVERNING LAW AND VENUE. Should either Party to thi s Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excludi ng California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 10) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of 1
air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets
11) ENTIRE AGREEMENT. This Agreement, including any other documents inco rporated herein by specific reference, represents the entire and in tegrated agreement between CITY and CONSULTANT.
This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any p rovision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 12) COUNTERPARTS. This Agreement may be executed in counterpart orig inals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 13) NOTICES. This Agreement is managed and administered on the CITY’s behalf by the individual named below. All invoices must be submit ted and approved by this individual and all notices shall be given to the CITY using the following contact information:
CITY Contact: Bryan Heinzelman
E-mail:
[email protected]
Invoices: [email protected]
Address: 1000 Webster Street, 3 rd Floor, Fairfield, CA 94533 Telephone: (707) 434-6157
Notices must be given to CONSULTANT at the following:
CONSULTANT Contact: Scott Alman
E-mail:
[email protected]
Address: 201 N. Civic Drive, Suite 220, Walnut Cre ek, CA 94596 Telephone: (925) 433-2321
14) FEDERAL FUNDING; ORDER OF PRECEDENCE.
This Agreement is funded in whole or in part
with federal financial assistance administered by t he Federal Emergency Management Agency (FEMA) and/or the Federal Highway Administration (FHWA). T he federal contract provisions set forth in Exhibit “E,” attached hereto and incorporated by this reference, apply to this Agreement and to all work funded with such assistance. Notwithstanding Sections 4 and 5 of this Agreement, in the event of any conflict or inconsistency between Exhibit “E” and any other pro vision of this Agreement, including Exhibits “C” an d “D,” the provisions of Exhibit “E” shall control wi th respect to federally funded work. CONSULTANT sha ll comply with all applicable requirements of 2 C.F.R. Part 200, including 2 C.F.R. § 200.327 and Appendix II to Part 200, and shall include the applicable federal provisions in all subcontracts.
EXECUTED as of the day first above-stated.
City of Fairfield, a municipal corporation
By:
CONSULTANT
By:
Digitally signed by Scott D. Alman,
P.E.
DN: C=US,
[email protected],
CN="Scott D. Alman, P.E."
Date: 2026.08.24 10:51:24-07'00'
Haley & Aldrich, Inc.
Scott D. Alman, PE
Principal
Haley & Aldrich, Inc.
201 N. Civic Drive
Suite 220
Walnut Creek, CA 94596
925.393.3092 cell
925.433.2321 Teams dir.
[email protected]
2026-08-24
Haley & Aldrich 3
»
REQUEST FOR PROPOSAL
Construction Management and
Inspection for
Lopes Road & Water Pipeline
Reconstruction Project
City of Fairfield
Fairfield Transportation Center
2000 Cadenasso Drive
Fairfield, California 94533
December 12, 2025
EXHIBIT A
Haley & Aldrich
TABLE OF CONTENTS
Organization Structure 1
Experience and References 10
Resumes (See Appendix) 19
Scope of Work 19
Professional Services Agreement 27
Non-Disclosure Agreement 27
Disadvantaged Business Enterprise (DBE) 27
Cost Proposal (Provided in a Separate Sealed Envelope) 27
Appendix: Resumes
Haley & Aldrich 1
ORGANIZATION STRUCTURE
The Team is Built for Exactly the Type of Challenges Presented by the Lopes Road & Water Pipeline Reconstruction Project
Our construction management and inspection team is led by Haley & Aldrich as the prime consultant, with Marina Construction Management (MCM) and Blackburn Consulting as key subconsultants. Haley & Aldrich provides overall leadership, construction management, resident engineering, technical review, and field inspection. » Construction Manager Gus Gregory, CCM, and
Principal-in-Charge Scott Alman, PE, QSD, work
together to direct and oversee the team, review
constructability, and set direction for scope, schedule, budget, and quality.
» Eli Zane, PE, GE, provides office engineering technical review of geotechnical, slope, and pipeline issues and
supports schedule and cost analyses.
» Jon Evans (MCM) serves as lead field inspector, with primary responsibility for pipeline construction, testing, and related utility work, coordinating the day‑to‑day activities of the inspection team and ensuring continuous coverage of pipeline and SWPPP requirements.
» Jeff Hausen and Edmond Babayan, PE focus on geotechnical, structural, and general construction quality assurance, providing embedded field inspection of earthwork, slope stabilization, roadway, and structural elements, and working in close coordination with MCM’s senior and specialized inspection staff. » Marina Chekmareva, PE, QSD (MCM), provides field resident engineering, including both field oversight and technical review of RFIs, submittals, and field issues, so that what is seen in the field is quickly translated into coordinated engineering responses.
» Blackburn Consulting serves as the Caltrans-certified and accredited materials testing laboratory, working directly with Jeff Hausen and the inspection team to schedule and perform CTM and any required ASTM/AASHTO testing, interpret results where needed, and provide complete QA documentation tied to pay items and acceptance.
RELATIONSHIP WITH PROJECT STAKEHOLDERS
Haley & Aldrich’s Principal-in-Charge Scott Alman, PE, QSD, has directly supported the City of Benicia in engineering leadership roles that are highly relevant to the Lopes Road & Water Pipeline Reconstruction Project. As Interim City Engineer and Contract City Traffic Engineer from 2021 to 2022, Scott worked closely with Benicia’s Public Works and Planning staff, providing day-to-day guidance to the Engineering Department and helping modernize local standards, such as the City’s driveway ordinance. He also served as Principal-in-Charge on multiple of Benicia’s bike, pedestrian, and pavement projects, coordinating design, project management, and delivery under tight grant schedules and local requirements. This combination of in-house leadership experience and project delivery for Benicia means Scott already understands the City’s processes, expectations, and communication styles, which will support seamless integration between Fairfield and Benicia, streamline decision-making, and help align both cities and other stakeholders throughout the Lopes Road CM and inspection effort.
Haley & Aldrich, MCM, and Blackburn have each
worked in their respective roles on multiple landslide, emergency roadway/utility repair, and FHWA/FEMA-
funded projects, so roles and communication paths
are well established and the combined team
functions as a single CM/inspection/QA unit from
pre-construction through closeout.
Haley & Aldrich 2
HALEY & ALDRICH, INC.
Since opening our Bay Area office in 1993, Haley & Aldrich has provided construction management, geotechnical, and environmental services for over 700 municipal and public-sector projects across Northern California. Our CM group began delivering construction oversight in the region as early as 1993 and has been fully dedicated to comprehensive construction management for public infrastructure projects since 2015, growing steadily to complete over a dozen federally funded emergency repair projects since 2023.
Our local team offers well-established experience managing federally funded municipal projects, including roadway and pipeline restoration, slope and landslide stabilization, and challenging utility realignments. Our Bay Area staff includes licensed engineers, inspectors, cost estimators, and technical specialists with expertise in FEMA and FHWA programs and strong familiarity with compliance and documentation requirements.
Haley & Aldrich’s strength in providing CM services is our integrated team of construction managers, engineers, and specialists who combine an unmatched breadth of hands-on design, planning, and field experience to resolve technical issues proactively, before they escalate. This practical perspective allows us to recognize how design goals and regulatory obligations influence construction methods, costs, and long-term performance. Because we have delivered both design and construction phases, we can identify constructability and compliance issues early, advocate for owner priorities, and resolve challenges before they impact project schedules or budgets.
With a strong track record supporting public agencies on complex roadway, pipeline, and slope stabilization projects, and deep, current experience executing emergency recovery and federally funded work, Haley & Aldrich is exceptionally equipped to support the City of Fairfield and the City of Benicia through all phases of the Lopes Road & Water Pipeline Reconstruction Project. Our team’s experience is directly aligned with your needs for technical depth, regulatory compliance, and effective stakeholder coordination in Solano County and the surrounding region.
In 2023 Haley & Aldrich’s CM Group, including Gus Gregory, Jeff Hausen, and Eli Zane, delivered the A Street Emergency Reopening project in Castro Valley, California for the Alameda County Public Works Agency. The project earned a national APWA Project of the Year Award.
Haley & Aldrich 3
MARINA CONSTRUCTION MANAGEMENT (MCM)
Founded in 2024, Marina Construction
Management, Inc. (MCM) is a woman-
owned business that embodies the spirit
of community engagement and
empowerment. As a full-service
construction management and inspection services firm, MCM is committed to providing transportation, infrastructure, and facility project owners high-quality and efficient construction support services while championing inclusivity and diversity within the industry.
Marina Chekmareva, PE, QSD, MCM’s founder, has over 15 years of experience providing construction management, engineering, and inspection services for capital improvement and private development projects throughout California. Ms. Chekmareva has demonstrated success in contract administration and inspection for both private development and public works projects. She is skilled at coordinating between multiple project stakeholders, including contractors, clients, multiple agencies, homeowners, business owners, and the public.
Ms. Chekmareva’s project background includes water and wastewater conveyance systems, roadway and bridge improvements, dams, parks, recreational facilities, and pedestrian trails and overcrossings. MCM currently provides the requested services for the City of Mountain View, Sewer Authority Mid-Coastside, City of Manteca and County of Santa Cruz.
BLACKBURN CONSULTING
Blackburn’s in-house laboratory supports design
and construction projects with expert technicians
skilled in interpreting test results and performing
complex tests, such as triaxial compression and
hydraulic conductivity. The lab has handled projects
with budgets ranging from $5,000 to over $3
million and offers services including quality assurance, large-scale data management, contractor lab review, on-site lab set-up, and testing consultation.
Blackburn’s lab maintains a Quality Assurance (QA) Program approved by Caltrans, CCRL, AMRL, USACE, and DSA. The program includes independent assurance testing, technician certification, data control, equipment calibration, and training records. Blackburn participates in Caltrans IAST and maintains USACE approval and Caltrans certifications.
Testing capabilities include triaxial compression, consolidation, hydraulic conductivity, swell potential, expansion index, sieve analyses, Atterberg limits, compaction curves, California bearing ratio, R-value, aggregate gradations, asphalt content, and concrete compressive strength.
MCM’s history of successful collaboration with Haley &
Aldrich includes partnering on the Rodeo Pump Station
Capacity Upgrade Project in Santa Cruz County, where
MCM provided daily inspection.
Haley & Aldrich 4
360PSM
360PSM has established a strong track record of delivering reliable and comprehensive labor compliance services for public agencies across California. Under the leadership of Catalina Ferreto, the firm has supported a wide range of publicly funded and community-impactful projects, ensuring adherence to state and federal labor standards.
Through collaborative partnerships with cities, counties, special districts, and transit agencies, 360PSM helps public agencies maintain compliance, reduce risk, and promote fair labor practices on construction projects of all scopes and sizes.
Representative clients include the Cities of Salinas, Soledad, Gonzales, Vallejo, and Palmdale; the Counties of Monterey and Santa Cruz; Monterey Regional Park District; Monterey Salinas Transit; San Lorenzo Valley Water District; Pajaro Sunny Mesa Water District; and the Uplift All Foundation.
360PSM provides tailored labor compliance services, including development and implementation of labor compliance programs, certified payroll review and reporting, jobsite monitoring and worker interviews, enforcement of prevailing wage and apprenticeship requirements, contractor and agency staff training, documentation support, audit coordination with funding agencies, and assistance with corrective action plans and compliance resolution.
Our Project Management Approach Recognizes the Complexities of Active Landsliding and Multiple Operational Constraints Haley & Aldrich’s project management approach for the Lopes Road & Water Pipeline Reconstruction Project is built around treating the slope, roadway, and dual transmission mains as one integrated system, while protecting ongoing bypass operations and meeting FEMA, FHWA, and CalOES requirements. In a constrained, landslide-affected corridor adjacent to I-680, the focus is on tight coordination between field conditions, system operations, and federal documentation.
EARLY ENGAGEMENT AND SYSTEMS-FOCUSED COLLABORATION
We treat Fairfield’s 30-inch potable main, Benicia’s temporary bypass and future 36-inch raw water main, and the rebuilt roadway and slope as interdependent systems. Early engagement by the Haley & Aldrich CM team is critical for alignment of design, operations, and construction. Alignment will be achieved as follows:
» Coordinate with Fairfield, Benicia, Caltrans, utilities, and regulators from pre-construction through closeout. » Confirm how slope work, roadway reconstruction, and pipeline replacement can proceed without destabilizing the landslide mass or conflicting with Caltrans sheet piles. » Define shutdown windows, tie-in sequences, pressure testing, and disinfection plans that keep Benicia’s bypass in continuous service until the new 36-in. main is online. » Build these constraints and requirements into the Construction Management Plan (CMP), contract documents, and baseline schedule, not as after-the-fact restrictions.
CLEAR, FIELD-DRIVEN COMMUNICATION
Communication centers on daily field information, structured decision paths, and disciplined use of VPM. » Inspectors consistently document work, conditions, and issues in daily reports and photos using VPM supplemented by cloud-enabled digital data collection methods; the Resident Engineer reviews and addresses them with the contractor.
» Engineering questions and proposed changes are routed to technical review so geotechnical, structural, and pipeline implications are understood and confirmed before decisions are made. 360PSM is a Certified
Woman Minority Business
Enterprise (WMBE)
founded in 2018. State of
California Certified
Disadvantaged
Business Enterprise (DBE
#45909), California Small
Business for Purpose of
Public Works (SB-PW)
certification (ID 2019749
Haley & Aldrich 5
» Weekly coordination meetings, monthly progress reports, and up-to-date logs in VPM keep Fairfield, Benicia, and Caltrans informed of milestones, high-risk or other critical activities, project safety updates and daily hazard identification, and emerging issues.
» A defined chain of command ensures that field observations flow quickly to technical review and then to contract decisions.
PRAGMATIC QA/QC ALIGNED WITH LANDSLIDE AND PIPELINE RISKS QA/QC is tailored to the corridor’s geotechnical and hydraulic sensitivity and to federal funding expectations. » Focus inspection on how construction affects slope stability, the Caltrans sheet pile system, and the protection of the on-grade bypass.
» Coordinate CTM testing through the City lab and ASTM/AASHTO testing through Blackburn Consulting’s accredited lab; log all results to pay items and acceptance decisions in VPM. » Define inspection and test requirements for each critical step, subgrade, embankment, concrete, pipeline bedding/backfill, pressure testing, disinfection, and tie-ins, with traceable acceptance criteria. » Use consistent documentation (DFRs, photos, test reports) that is geospatially referenced to support both long-term performance, maintenance, and operations, while conforming with and meeting FEMA/FHWA audit needs.
PROACTIVE, DOCUMENTED PROBLEM-SOLVING
Given the active landslide setting and temporary system configuration, we assume conditions will evolve and plan to proactively manage change, not react to it.
» Escalate early signs of changing conditions (movement, groundwater behavior, unexpected utilities, bypass vulnerabilities) from inspectors to the Resident Engineer and technical lead. » Evaluate alternatives together with the design team and contractor with a structured look at stability, constructability, system risk, and cost/schedule impacts before selecting a path forward. » Use trend logs, independent estimates, and schedule impact reviews to manage change orders transparently and maintain compliance with federal requirements.
» Capture decisions and rationale in VPM so the project record shows not only what was built, but why it was built that way under the observed conditions.
SAFETY ISN'T JUST A PRIORITY - IT'S INGRAINED IN OUR CULTURE Recognizing the increased safety and utility risk associated with landslide-impacted corridors and major utility reconstruction, our team implements an intensive, proactive safety and utility management program fully aligned with all applicable OSHA, Cal/OSHA, FEMA, FHWA, and CalOES requirements. Notably, Haley & Aldrich is one of the few consultants certified to work on PG&E projects, and we have earned the Gold Shovel Standard certification. This is particularly meaningful for the Lopes Road & Water Pipeline Reconstruction Project, where multiple high-consequence and sensitive utilities—including relocated electrical and telecom conduits as well as active and protected duct banks (such as the existing AT&T fiber optic bank)—must be safely managed in a dense corridor with ongoing landslide risk.
Our staff receive mandatory OSHA construction safety training, regular safety refreshers, and hazard-specific briefings tailored for complex, multi-utility environments. For each project, we closely review and refine the contractor’s Health and Safety Plan to address the unique risks presented, such as work near energized lines, deep trenching, heavy equipment operation, and active bypass pipelines or duct banks. Daily, our inspectors prepare site-specific safety reports, and our team participates in job hazard analyses (JHAs) that are updated as field conditions and work scopes evolve. Regular tailgate meetings ensure open communication about jobsite hazards, especially as construction progresses near or across live utility lines, telecom and fiber banks, and other critical infrastructure.
Across all of our CM projects since our group began in 2015, we have maintained a perfect safety record, with no reported incidents involving our staff, contractors, or the public. Our Gold Shovel Standard certification reflects proven protocols for ensuring "Call Before You Dig" (811) requirements, active subsurface utility engineering, and adherence to PG&E standards for safe excavation, making us especially well qualified to oversee the relocation and protection of both new and existing dry utilities, including the protection of the AT&T fiber optic bank. Our documentation and
Haley & Aldrich 6
communication procedures ensure all safety and utility protections are planned, tracked, and verified, supporting both regulatory compliance and continuous risk reduction at every phase of this complex project.
TECHNICAL APPROACH TO THE PROJECT AND REQUIRED TASKS
Our approach is to manage this as one integrated landslide, roadway, and dual-pipeline reconstruction project, driven by field conditions and coordinated with federal funding requirements.
During pre-construction (Task 1), Gus Gregory and Marina Chekmareva lead constructability and biddability reviews at the 95 and 100 percent stages, with Eli Zane providing focused engineering review of geotechnical, slope stabilization, and pipeline details. Together they confirm that the sequence for slope work, roadway reconstruction, and 30 in./36 in. pipeline replacement is feasible alongside the existing Caltrans sheet piles and the Benicia bypass, and that shutdowns, tie ins, and testing can be planned without undue risk to system operations. Gus and Marina establish the Construction Management Plan and VPM workflows for RFIs, submittals, changes, schedule, and daily reporting so procedures are clear before bid and Notice to Proceed. The team coordinates with Fairfield, Benicia, and Caltrans to confirm operational requirements and milestones, completes baseline site documentation, and reviews the contractor’s baseline schedule for realistic delivery within the anticipated pre-construction, 150 working days of construction, and closeout periods.
During construction (Task 2), Marina and Jon coordinate day-to-day with the contractor’s superintendent. Jeff and Edmond provide on-site inspection and testing coordination, documenting work in daily reports and photos, and uploading them to VPM. Eli performs technical review of RFIs, submittals, shop drawings, and proposed field changes, advising Marina and Gus on geotechnical, structural, and pipeline issues and supporting quantity checks and independent cost and schedule impact evaluations. Gus oversees contract administration, change order and claims strategy, and schedule and budget status, using VPM logs and reports that he and Marina manage. Blackburn’s lab testing is coordinated by Jeff and Marina, with Eli reviewing results when technical interpretation is needed. 360PSM manages labor compliance and certified payroll review and coordinates findings with Gus and Marina. Throughout construction, the team plans and manages bypass protection and system shutdowns and commissioning in close coordination with Fairfield and Benicia operations staff, and maintains documentation and procedures consistent with FEMA, FHWA, and CalOES requirements.
During closeout (Task 3), Marina, Jeff, and Edmond lead joint punch list walks and final inspections; Eli supports technical review of remaining items and confirms that as-built conditions for slope, roadway, and pipelines are accurately reflected in final record documents. VPM is used by Gus and Marina to track punch list resolution, as built submittals, O&M manuals, warranties, and other closeout deliverables. Eli organizes and cross checks RFIs, submittals, test results, and field decisions against as built information. Gus works with the City to finalize change orders and claims, prepare final expenditure summaries, and support Council acceptance and funding agency closeout. The team prepares a final construction report that ties together design assumptions, field conditions, key decisions, testing and inspection results, and lessons learned.
Haley & Aldrich 7
Project Team Organization Chart
The Team Adheres to Disciplined Lines of Communication
Communication within the project team is structured with clear roles and a focus on efficiency and direct coordination.
Haley & Aldrich leads the effort; Gus Gregory is the City’s main contact for overarching project matters, reviews progress and key issues with City management, and, together with Scott Alman, determines a course of action for significant changes or risks. As Principal-in-Charge, Scott Alman oversees the team, ensures alignment with client expectations, and provides high-level support and decision-making as needed.
Marina Chekmareva reports to Gus and manages field activities and day-to-day technical issues, coordinating directly with the contractor’s superintendent and leading the resolution of field challenges. Field issues, from utility conflicts to safety concerns, are communicated promptly by Jon Evans, and the inspection staff to Marina to ensure a quick response or escalation when necessary. Eli Zane reviews technical questions, design conflicts, and proposed changes, offering engineering recommendations, supporting cost and schedule evaluations, and documenting findings for project records.
All project documentation, RFIs, submittals, daily reports, test results, meeting minutes, and change orders, are maintained in the City’s VPM system for full transparency and efficient communication across the project team. Haley & Aldrich actively integrates all communication and decision-making across internal staff, MCM, Blackburn, and the City, ensuring that field information and technical decisions flow logically and efficiently to the appropriate team member and back to City, Benicia, Caltrans, and other project partners. This coordinated approach ensures rapid issue resolution and a cohesive team effort every step of the way.
Haley & Aldrich 8
Proposed Key Staff Availability and Level of Effort
NAME & LOCATION ROLE & RESPONSIBILITIES DATE AVAILABLE AVAILABILITY /
LEVEL OF EFFORT
Scott Alman, PE,
QSD/P
Walnut Creek, CA
Principal-In-Charge
Scott is a senior principal engineer with 40 years of municipal and public works experience, including previously serving as the City of Benicia’s Interim City Engineer and providing long-term engineering leadership to agencies throughout Northern California. Scott will provide executive oversight to ensure the project is delivered in alignment with the City’s goals, funding requirements, and schedule expectations while supporting issue resolution, guiding contract and risk management decisions, and maintaining high-level coordination with City leadership, regulatory agencies, and project stakeholders.
January –
December 2026
(Upon Notice to
Proceed)
10%
Gus Gregory, CCM
Walnut Creek, CA
Construction Manager/Project Manager
Gus is a certified construction manager (CCM) with 11 years of experience in roadway, drainage, and water infrastructure projects, including emergency repairs and coordination with regulatory agencies. He will serve as the primary point of contact with the City, directing all construction management services, overseeing progress, quality, and contract compliance, and facilitating coordination among the project team, contractor, utilities, and agencies.
January –
December 2026
(Upon Notice to
Proceed)
50%
Marina Chekmareva,
PE, QSD
Mountain View, CA
Resident Engineer / Deputy Construction Manager
Marina is a resident engineer and construction manager with 15 years of experience providing construction management, engineering, and inspection services for public works and utility infrastructure projects throughout the Bay Area, demonstrating expertise in contract administration, stakeholder coordination, and field inspection oversight. She will provide day-to- day technical oversight and administration of field construction activities to ensure work is executed per plans, specifications, and regulatory requirements.
January –
December 2026
(Upon Notice to
Proceed)
40%
Jon Evans, CWI
Mountain View, CA
Lead Inspector
Jon is a senior construction inspector with more than 35 years of experience overseeing underground utility, water, sewer, and storm drain construction, holding certifications in welding, concrete, and coatings and extensive expertise in HDPE fusion, pressure testing, and complex bypass operations. Jon will lead and coordinate daily inspection activities on site, verify workmanship, contract compliance, and safety, and document daily construction progress.
April –
December 2026
(Upon Notice to
Proceed)
40%
Haley & Aldrich 9
Eli Zane, PE, GE
Walnut Creek, CA
Office Engineer
Eli is a geotechnical engineer with 20 years of experience in managing documentation, technical analysis, and construction-phase support for public works, landslide, flood control, and pipeline projects. He will manage project documentation, process submittals and RFIs, track contract changes, and support progress payment reviews and project correspondence.
January –
December 2026
(Upon Notice to
Proceed)
20%
Jeff Hausen
Walnut Creek, CA
Field Inspector/ Lab Testing Manager
Jeff is a principal technician with seven years of experience specializing in laboratory and field testing for soils and concrete, quality assurance inspection, and digital documentation for public works and emergency repair projects. He will oversee all field and laboratory materials testing, ensuring timely adherence to testing protocols, specifications, and quality assurance procedures, and maintain accurate testing records for federal compliance.
April –
December 2026
(Upon Notice to
Proceed)
40%
Edmond Babayan, PE
Walnut Creek, CA
Field Inspector
Edmond is a civil and geotechnical engineer with 8 years of experience in construction inspection and geotechnical engineering for public works, utility infrastructure, and slope-repair projects. He will conduct field inspections of civil, structural, and utility work, monitor contractor activities, and prepare daily inspection reports to confirm compliance with contract documents.
April –
December 2026
(Upon Notice to
Proceed)
40%
Haley & Aldrich 10
EXPERIENCE AND REFERENCES
The City Will Benefit From Our Experience Managing Landslide Restoration, Utility Displacement, and Federally Funded Infrastructure Projects
RELEVANT EXPERIENCE WITH COMPLEX, FEDERALLY FUNDED CORRIDOR STABILIZATION PROJECTS Haley & Aldrich, together with MCM and Blackburn Consulting, has extensive experience delivering construction management and inspection services on projects that closely parallel the challenges at Lopes Road: active or recent landslides, complex slope stabilization, exposed or displaced utilities, pipeline reconstruction, and projects administered under FEMA, FHWA, and other federal and state funding programs. Since early 2023, our CM group has provided construction management and inspection on more than a dozen emergency repair projects that emanated from federally declared disasters involving storm damage, landslides, and utility disruption. As a side note, Haley & Aldrich has also designed emergency repairs similar in scope, combining slope stabilization, roadway reconstruction, and large-diameter utility replacement, which gives our CM team a practical understanding of how design decisions behave in the field, even though our role here is focused on construction management and inspection. This combined experience directly supports the City’s goals of restoring roadway and water transmission service, stabilizing the slope, and maintaining federal funding eligibility for Lopes Road.
EXPERIENCE WITH SLOPE STABILITY AND ROADWAY RESTORATION Our team has managed multiple post-storm and landslide recovery efforts where roadway reconstruction and slope stabilization had to be delivered quickly in geotechnically unstable settings, often with critical infrastructure at risk. At A Street in Alameda County, for example, we provided construction management for an FHWA emergency relief project to stabilize a failed creek embankment and reconstruct a washed-out arterial corridor.
The repair required a 220-ft long, 40-ft deep sheet-pile wall, targeted erosion control, and rapid reconstruction of the roadway, all while working adjacent to critical communications infrastructure. We coordinated contractor means and methods, daily inspection, UAS/LiDAR documentation, and materials testing to reopen the corridor in under 40 days, with no incidents and complete federal documentation to support reimbursement.
On Redwood Road (Alameda County), we provided design-phase support and construction management for an FHWA/FEMA-funded emergency repair of a landslide that removed both lanes of roadway and displaced multiple utilities. The solution used a two-tier retaining system, a pile-supported MSE wall below, and a soldier-pile and lagging wall above, constructed in a constrained corridor adjacent to a creek and sensitive resources. Our role included constructability review, coordination with multiple regulatory agencies, and field oversight to ensure stabilization measures, drainage, and embankment reconstruction worked together to restore long-term corridor resilience.
Taken together, these and other emergency projects demonstrate that we know how to work with design engineers and contractors to:
» Translate geotechnical designs into practical staging and safe construction sequences in unstable ground. » Manage deep foundation and wall systems (sheet piles, CIDH piles, MSE, soldier-pile/lagging) alongside active transportation corridors.
» Maintain continuous monitoring and documentation (daily field reports, photos, UAS/LiDAR) to support technical decisions and claims mitigation.
» Deliver projects safely and on schedule by implementing proactive risk management, rigorous safety protocols, and close coordination among all stakeholders to ensure timely, incident-free completion under challenging conditions.
Haley & Aldrich 11
MANAGING UTILITY CONFLICTS, BYPASS OPERATIONS, AND SERVICE RESTORATION Our recent work has repeatedly involved exposed, displaced, and high-consequence utilities embedded in failing slopes or eroded corridors. At both A Street and Redwood Road, landslides exposed or endangered multiple utilities, including potable and reclaimed water lines, gas, electric, stormwater infrastructure, and large communications banks. We coordinated closely with utility owners to:
» Protect temporary and existing lines in place during slope work and structural repairs. » Sequence utility relocations and tie-ins so that service interruptions were minimized and fully planned. » Incorporate utility protection, access, and temporary support into traffic control and work-area planning.
At Stanley Boulevard in Pleasanton, our CM team managed emergency slope repairs and utility protection for a major arterial adjacent to a quarry lake, where multiple buried utilities were displaced or at risk. Our work included daily observation, UAS/LiDAR documentation, and lab and field testing tied directly to pay items and federal documentation needs.
This history is directly relevant to Lopes Road and will benefit the project implementation, where the project must:
» Protect and maintain Benicia’s four-pipe temporary bypass while constructing a new 36-inch raw water main. » Restore Fairfield’s 30-inch potable main and return the South Cordelia Reservoir and conduits to service. » Rebuild the utility corridor in a way that improves long-term resilience against further movement.
Our prior projects required similar coordination of temporary and permanent utility systems during active construction in unstable corridors, and we have a track record of doing so without unplanned outages or major incidents.
RECENT AND CONTINUING FAMILIARITY WITH FEMA, FHWA, AND OTHER FUNDING PROGRAMS We regularly provide construction management and inspection on projects funded through FHWA Emergency Relief, FEMA Public Assistance, and other federal and state disaster-recovery programs. Our CM process and documentation practices are developed around the requirements summarized in the RFP and Appendix B, including:
» FHWA-1273 contract provisions and Davis-Bacon labor standards » FEMA Public Assistance Program and Policy Guide documentation expectations » 2 CFR 200 procurement and recordkeeping requirements
On recent Alameda County emergency projects, we supported the County in securing FHWA and FEMA funding by:
» Preparing and maintaining complete daily field reports, quantity records, materials test results, and photo/UAS records directly aligned with pay items and project scope » Reviewing and documenting time-and-materials work and force-account activities to assure eligibility and audit- readiness
» Coordinating with agency staff to structure change orders and claims documentation that follow federal guidance
Our experience also includes delivering federally funded projects for local agencies under Caltrans’ Local Assistance Procedures Manual (LAPM), from project authorization and environmental compliance through bidding, construction oversight, labor compliance, and closeout. Our team is trained and current with LAPM standards and federal funding requirements, which allows us to ensure that documentation remains seamless, compliant, and audit-ready at every step.
For Lopes Road, our experience means we understand how to layer the City’s systems into this framework. We will use the City’s Virtual Project Manager (VPM) system for all RFIs, submittals, daily reports, change orders, and closeout records, so that the full CM/inspection record is audit-ready, easily accessible to City staff and funding partners, and fully supports FEMA, FHWA, and CalOES reimbursement.
Haley & Aldrich 12
EXPERIENCE THAT WILL SUPPORT SUCCESS AT LOPES ROAD
The combination of this experience, slope stabilization, complex utility corridors, and federally funded emergency recovery, directly positions our team to support the City’s objectives at Lopes Road. Specifically, we will:
» Apply lessons learned from A Street, Redwood Road, and Stanley Boulevard to develop realistic, safe construction sequences that integrate slope work, roadway reconstruction, and large-diameter pipeline replacement in a constrained corridor adjacent to I-680. » Use our experience with exposed and displaced utilities to plan and monitor protection of Benicia’s temporary bypass and the restoration of Fairfield’s 30-in. main and associated conduits. » Implement CM and inspection practices that satisfy both City standards and FEMA/FHWA/CalOES requirements, including robust labor compliance, materials testing (City CTM lab plus accredited external labs), and consistent use of VPM for documentation and controls.
» Leverage our established working relationships among Haley & Aldrich, MCM, and Blackburn Consulting to function as a single, integrated CM/inspection/QA unit, minimizing hand-offs and ensuring that field observations, technical review, and contract actions remain synchronized.
By drawing on this portfolio of similar projects and our recent experience on more than a dozen emergency CM assignments since 2023, we can help the City of Fairfield and City of Benicia complete the Lopes Road & Water Pipeline Reconstruction Project safely, on schedule, and with a clear, defensible record that supports long-term reliability and full federal reimbursement. This proven, integrated approach reduces risk, ensures smooth coordination among project partners, and provides the City with a single point of accountability for high-quality, audit-ready delivery.
Landslide restoration expertise delivers hands-on management of major slope failures and roadway repairs using advanced stabilization methods. Rapid utility restoration ensures quick, coordinated replacement of water, reclaimed water, gas, electric, stormwater, and communications systems following displacement or damage. Federal compliance diligence is demonstrated through meticulous QA/QC, labor documentation, and reporting—supporting eligibility for FEMA and FHWA reimbursement. Proven multi-agency collaboration maintains effective partnerships with CalOES, Caltrans, and local utility teams to streamline complex, federally funded infrastructure projects.
Our experience aligns with the needs of the Lopes Road & Water Pipeline Reconstruction Project.
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References
Below is a list of references the City may contact to discuss our construction management and inspection experience.
ALAMEDA COUNTY PUBLIC WORKS AGENCY
» James Lai, Supervising Public Works Inspector // (510) 670-6614 // [email protected]
SANTA CLARA VALLEY WATER DISTRICT
» Mohammad Hussaini, Associate Engineer // (408) 630-2826 // [email protected]
NAPA COUNTY PUBLIC WORKS AGENCY
» Frank Lucido, Engineering Manager // (707) 259-8377 // [email protected]
TUOLUMNE COUNTY
» Blossom Scott-Heim, Director of Public Works // (209) 533-5601 // [email protected]
TOWN OF DANVILLE
» Allan Shields, Transportation Manager // (925) 314-3374 // [email protected] ZONE 7 WATER AGENCY
» Edward Reyes, Principal Engineer – Flood Protection Engineering // (925) 454-5085 // [email protected]
CITY OF BENICIA
» Neil Leary, City Engineer // (707) 746-4203 // [email protected] Project Experience
Our featured project examples demonstrate our construction management and inspection experience on complex, federally funded recovery efforts involving landslides, unstable corridors, and high-consequence utilities. They include emergency restoration of major arterials where roadway, slope stabilization, and exposed water, power, and communications lines had to be addressed together under FHWA and FEMA programs. Across these projects, our team coordinated deep foundation and wall systems, protected and re-established critical utilities, and delivered complete, audit-ready documentation. This portfolio highlights the same combination of technical, operational, and funding challenges that defines the Lopes Road & Water Pipeline Reconstruction Project.
Haley & Aldrich 14
A Street, a major arterial connecting the Tri-Valley to the East Bay and San Mateo Bridge, was washed out by the high flow of San Lorenzo Creek during the atmospheric river on December 31st, 2022. Alameda County Public Works Agency contacted Haley & Aldrich to perform CM services on the emergency repair of the roadway and provide support to the County staff to obtain FHWA emergency relief funding.
During initial response efforts, it was discovered that a large number of utilities were exposed at the washout, including a key communications bank containing 23 conduits. This bank provided critical telecommunications connectivity between the East Bay and the Tri-Valley, significantly heightening the urgency and complexity of the repair.
The project consisted of stabilizing the creek embankment with a 220-foot-long sheet pile wall, driven 40 feet deep, additional erosion control measures to mitigate environmental damages to the creek, and restoring the roadway to open all four lanes of traffic. With Haley & Aldrich’s timely coordination between the County, regulatory agencies, the contractor, and local utility agencies, the construction was completed, and the roadway reopened in under 40 days.
Major challenges presented during this project included dense traffic, public outreach, exposed/high-risk utilities, and, most importantly, safety of the workers and the public. The project was completed with zero incidents or accidents, was very well received by the public, and was showcased by ACPWA to publicize the progress of storm damage repairs across the County.
CM SERVICES CONSISTED OF THE FOLLOWING:
» Solicitation of qualified contractors to provide emergency construction services
» Assistance obtaining FHWA/FEMA funding
» Coordination between multiple County departments, utilities, contractors and subcontractors to facilitate an expedited repair
» Daily observation and documentation of labor time, materials, equipment and quantities reported on a time and materials basis
» Hour-by-hour site condition updates for site safety, changing site conditions, and constructability » Site visits of repair sites and preparation of field daily reports » QA laboratory and field materials testing of fill placement, and aggregate base » UAS and LiDAR data acquisition for the development of pre-construction, in-progress, and final as-builts » Preparation of final conformance reports
» Utilized Virtual Project Manager (VPM), as required by the client, to document project activities and maintain an audit-ready construction management record consistent with ACPWA practices
A Street Emergency Stabilization Alameda County, California Client Name
County of Alameda
Point of Contact/Project Manager
James Lai, Supervising Public Works
Inspector
(510) 670-6614 //
[email protected]
Project Duration
February – March 2023
Haley & Aldrich Fees
$242,360
Key Staff Involved & Roles
Gus Gregory – Construction
Manager
Jeff Hausen – Inspector
Eli Zane- Technical Reviewer
Haley & Aldrich 15
The damage at Stanley Boulevard, a major arterial connecting Pleasanton to Livermore, resulted from a combination of unstable soil conditions, long-term erosion, and intense atmospheric river events between January and March 2023. These conditions caused three major cavities to form in the slope of the Shadow Cliffs Regional Park quarry lake wall and led to a complete slope failure at the east end.
The landslide event displaced and exposed multiple underground utilities, including potable water, reclaimed water, gas, electric, and stormwater infrastructure, creating urgent safety and service challenges.
Alameda County Public Works Agency (ACPWA) engaged the Haley & Aldrich team to manage all phases of the FHWA/FEMA-funded emergency response and recovery effort. Our responsibilities included initial site safety assessments, design of stabilization measures, support with obtaining both FHWA and FEMA funding, constructability review, and close coordination with local utility providers and regulatory agencies.
Haley & Aldrich led field observation and comprehensive documentation of all construction activities to ensure eligibility for federal reimbursement.
Safety was the key factor in both design and construction. Haley & Aldrich’s site safety assessments established safe access around the unstable slope, lake shoreline, and exposed utilities, and maintained public separation from the work zone. Stabilization measures emphasized worker and public safety through interim shoring and utility protection, staged excavation and backfilling, and features to reduce future erosion and slope instability, while constructability reviews prioritized safe sequencing and minimized high-risk operations.
Goodfellow Brothers Inc. implemented this safety-focused approach in the field, and their commitment to safe execution, worker protection, and public safety along this busy corridor earned the project their internal “Project Safety of the Year” award.
CM SERVICES CONSISTED OF THE FOLLOWING:
» Solicitation of qualified contractors
» Assistance obtaining funding
» Daily observation and documentation
» Site visits and preparation of field dailies
» QA laboratory and field materials testing of fill placement and aggregate base » UAS and LiDAR data acquisition
» Preparation of final conformance reports
» Utilized Virtual Project Manager (VPM), as required by the client, to document project activities and maintain an audit-ready construction management record consistent with ACPWA practices
Stanley Boulevard Emergency Reopening Pleasanton, California Client Name
County of Alameda
Point of Contact/Project Manager
James Lai, Supervising Public Works
Inspector
(510) 670-6614 //
[email protected]
Project Duration
January - April 2023
H&A Fees
Haley & Aldrich Fees
$314,104
Key Staff Involved & Roles
Gus Gregory – Construction
Manager
Jeff Hausen – Inspector
Eli Zane- Technical Reviewer
Haley & Aldrich 16
Haley & Aldrich was retained by Tuolumne County to provide design and construction management services for the repair of eight landslides affecting Marshes Flat Road, Buchanan Road, and Italian Bar Road, which were damaged during a federally declared disaster in February 2017. The project aimed to restore road access, stabilize slopes, and ensure long- term resilience through innovative repair methods funded by the FHWA.
The repairs to Marshes Flat Road and Buchannan Road were completed near the end of 2019. Repair plans for the sites along Italian Bar Road and Buchanan Road included gabion and Hilfiker retaining walls with heights ranging from 6 to 18 feet. What made these sites interesting was the select backfill material of tire-derived aggregate (TDA). Haley & Aldrich worked closely with Cal-Recycle to understand the physical properties of this material to alleviate potential construction difficulties on site.
At the most complicated site, Marshes Flat Road, a debris flow washed out approximately 12 feet of the downslope side of the road. Due to this failure, Marshes Flat Road was completely closed to all through traffic.
Haley & Aldrich’s unmanned aerial systems (UAS) captured aerial photographs before and during construction. The aerial photographs were provided to the County Board of Supervisors, which gave them an unprecedented understanding of the size and scope of the damage. The aerial photographs also allowed Haley & Aldrich’s construction managers to evaluate the validity of a change order request by comparing pre-construction photographs with the construction site’s condition.
Repair designs consisted of a 13-foot-tall, 8-foot thick concrete corbel, which incorporated soil nails and tieback anchors. Upslope repairs consisted of slope scaling to remove loose material prior to the installation of rock fall netting. For each of these sites, Haley & Aldrich was on site daily to record construction activities.
Repairs to Marshes Flat Road and Buchanan Road were successfully completed in late 2019, restoring road access and slope stability. Haley & Aldrich’s innovative use of TDA and aerial imagery enhanced construction efficiency and communication with stakeholders, delivering effective solutions for long-term resilience.
CM SERVICES CONSISTED OF THE FOLLOWING:
» Technical review and response to submittals and RFIs
» FEMA grant funding assistance
» Bidding and negotiations support
» Construction administration
» Testing and inspection of storm drain–damaged road repair 2017 Storm Damage Road Repairs Tuolumne County, California Client Name
County of Tuolumne
Point of Contact/Project Manager
Blossom Scott-Heim, Director of
Public Works
(209) 533-5601 // bscott-
[email protected]
Project Duration
August 2017 - April 2020
Haley & Aldrich Fees
$715,000
Key Staff Involved & Roles
Chris Hockett- Project Manager
Dave Burger- Geologist
Tochi Uzegbu- Inspector
Jeff Hausen- Inspector
Haley & Aldrich 17
Bolsa Road Fish Passage Improvement Project consisted of the rehabilitation of approximately 1700 lineal feet of Uvas Channel adjacent to the Christopher Ranch facility in Gilroy, California, to restore fish passage through the area.
Improvements consisted of the construction of several riffles and ponds with up to 3-ton rock (RSP), stream bank excavation and stabilization, and overall restoration of the riparian habitat while protecting most of the 500+ trees along the channel.
Construction activities involved installing access ramps, demolition, removal, and disposal of concrete rubble, abandoned automobiles, and other unsuitable debris. The completed work was followed by revegetation utilizing willow pole cuttings, container plants, hydroseeding, and erosion control measures to enhance habitat quality.
In addition to in-house staff, Haley & Aldrich had a subconsultant team of geomorphological, biological/environmental, and arborist experts to assist Valley Water in meeting its project goals. Haley & Aldrich utilized advanced measurement systems (UAS and LiDAR) for pre-construction, in- progress, and post-construction (as-built) 3D imaging for monitoring work progress and for claims management. Haley & Aldrich also provided construction vibration monitoring throughout the work. All of the mission- critical information, including project documents and UAS/LiDAR 3D imaging, was managed and interfaced through Haley & Aldrich’s web- based portal, GeoViewer, which also served as an archival and monitoring platform post-construction.
CM SERVICES CONSISTED OF THE FOLLOWING:
» Constructability and biddability review of project documents with Valley Water and project stakeholders » Coordination/consultation with Valley Water staff, adjacent property owner Christopher Ranch, general contractor, project engineers, biologists, arborists, and other project stakeholders » Development and maintenance of a web-based project portal » Review and processing of submittals, RFIs, change orders, and payment requests » Coordination of weekly progress meetings, including documentation of minutes » Full-time observations and preparation of field dailies » Lab and field testing of fill placement
» UAS and LiDAR baseline, in-progress, and as-built data gathering of the fish passage, truck haul routes, and adjacent infrastructure
» Construction vibration monitoring and documentation
» Preparation of final conformance reports
Bolsa Road Fish Passage Improvements Gilroy, California Client Name
Santa Clara Valley Water District
Point of Contact/Project Manager
Mohammad Hussaini, Associate
Engineer
408.630.2826 //
[email protected]
Project Duration
June 2023 – October 2023
Haley & Aldrich Fees
$630,000
Key Staff Involved & Roles
Dave Buscheck- Construction
Manager
Christian Rodil- Inspector
Haley & Aldrich 18
The County of Napa retained Haley & Aldrich for construction management services to stabilize and restore three major landslides along Mt. Veeder Road. At MM 3.75, we managed the construction of a CIDH pile grade beam wall with ground anchors. At MM 6.15, a steel beam with timber lagging catchment wall was installed to control upslope debris flow, while a CIDH pile grade beam wall was constructed downslope to stabilize the roadway.
At MM 6.25, the repair consisted of a CIDH pile grade beam wall that incorporated a stormwater culvert.
The project areas spanned a busy wine-growing region in a rural/mountainous section of Napa County, with a mix of residential and commercial traffic, including vineyard operations and recreational bicycle activity. The client tasked Haley & Aldrich with overseeing the restoration of the roadway while managing these diverse public interests. At MM 3.75, the County prioritized keeping the road open during construction, requiring us to coordinate construction phasing with the contractor to ensure schedule efficiency while remaining conscientious of community demands.
At MM 6.25, damage to the roadway necessitated a full road closure during certain phases of construction. As a result, the project team coordinated with a nearby vineyard to maintain residential access using their adjacent service road. Throughout the project duration this local business was kept abreast of project benchmarks and included in regular project meetings (at the direction of the County). Haley & Aldrich’s daily site presence helped to protect County assets and interests across these three sites during concurrent construction windows.
Throughout the three projects Haley & Aldrich worked closely with the design and geotechnical engineers of record to identify, document, and address changing technical and geologic site conditions. Our participation in these successful projects illustrated not only our technical expertise in slope stability repair but also our ability to provide daily construction oversight, maintain site safety, facilitate communication among stakeholders, and uphold a positive relationship with the local community.
CM SERVICES CONSISTED OF THE FOLLOWING:
» Coordination between the County, consultants, contractors and subcontractors to facilitate an expedited repair » Daily observation and documentation of labor time, materials, equipment and quantities » Hour-by-hour site condition updates for site safety, changing site conditions, and constructability » Site visits of repair sites and preparation of field dailies » QA laboratory and field materials testing of fill placement, aggregate base, concrete and asphalt
Client Name
County of Napa
Point of Contact/Project Manager
Frank Lucido, Engineering Manager
(707) 259-8377 //
[email protected]
Project Duration
June - November 2023
July - December 2025
Haley & Aldrich Fees
$508,752
Key Staff Involved & Roles
Gus Gregory- Construction
Manager
Jeff Hausen- Inspector
Mt. Veeder Road 2023 and 2025 Repairs Napa County, California
Haley & Aldrich 19
RESUMES
Resumes and references for each person identified in the organization chart are provided in the Appendix.
SCOPE OF WORK
Understanding All Aspects of the Project is the Key to Success
HISTORY, LANDSLIDE IMPACTS, AND CORRIDOR
CONTEXT
The Lopes Road corridor failure is, at its core, a
geotechnical instability problem that disrupted a
shared transportation and utility corridor. A deep-
seated slide translated the roadway and embedded
utilities toward I-680, demonstrating that the
existing embankment, drainage, and utility
configuration were vulnerable to sustained wet
conditions and elevated groundwater through
winter 2023. Caltrans installed emergency sheet
piles that protected I-680 but did not restore long-
term stability or reestablish local access on Lopes Road.
The permanent work must be constructed within this partially stabilized landslide mass and in close proximity to Caltrans’ system, resulting in a reconstruction effort that is far more complex than conventional road or pipeline replacement. The design integrates realignment and full-depth roadway reconstruction, deep soil mixing for slope stabilization, new dual large-diameter pipelines, relocated telecom and electrical conduits, and robust surface and subsurface drainage facilities. Typical sections (Sheet 16 of 34) illustrate how the new 30-inch potable and 36-inch. raw water transmission lines will be rebuilt alongside critical buried utilities, with the new or relocated electrical and telecom duct banks installed in designed corridors to maintain separation, minimize construction conflicts, and protect existing facilities. Special attention must be paid to protecting the existing AT&T fiber optic conduit bank, which is shown crossing the corridor in proximity to both pipelines and other existing and proposed utility alignments. During all phases, construction management must ensure staging, excavation, backfill, and compaction activities maintain protection, access, and service continuity for these critical conduits and minimize the risk of damage or service interruptions.
BYPASS OPERATIONS, SYSTEM RISK, AND FUNDING CONTEXT
Benicia’s temporary bypass and Fairfield’s current operating configuration keep both water systems operational, but with reduced resilience. Benicia’s current system of four 12-inch HDPE lines on grade across the slide provides primary supply but is vulnerable and must remain functional until the new 36-inch main is commissioned.
Fairfield’s 30-inch main and the South Cordelia Reservoir connection remain offline, increasing the need for clear, risk-managed construction phasing. Mis-sequenced shutdowns, construction impacts to active utilities, including electrical, telecom, and the fiber optic duct bank, or unexpected delays could have immediate, wide-ranging service impacts.
The planned construction sequence for this project, illustrated in the “Construction Sequencing Plan” (Sheets U-2 and U-3), must be managed as a coordinated corridor operation to effectively manage risk. This includes not only shutdowns and tie-ins for water but also careful, staged relocation of existing electrical and telecom duct banks while protecting the exposed AT&T fiber bank. Protection of all utilities, but especially critical communications, will be confirmed during reconnaissance, field verification, and when confirming construction means and methods with contractors. Active protection plans, utility location and potholing, and real-time coordination with each utility owner will be central to daily inspection and construction oversight. Schedule management must minimize the duration of at-risk interfaces for all utility systems, both wet and dry utilities, to achieve corridor functionality and compliance with requirements for federal reimbursement and system resiliency.
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Because the project advances under FEMA, FHWA, and CalOES disaster-recovery programs, the management and documentation of construction, including RFIs, submittals, change orders, certified payrolls, materials testing, and field verification of utility protection, must align with all agency requirements. The City’s Virtual Project Manager (VPM) platform will be used as the central record-keeping system.
UNDERSTANDING OF THE CONSTRUCTION MANAGEMENT AND INSPECTION TASK The task is to provide fully integrated construction management and inspection that:
» Brings roadway reconstruction, slope stabilization, water main replacement, and complex dry utility relocation (including electrical and telecom duct banks) into a single coordinated plan, with constructability reviewed in the context of an active and unstable corridor.
» Ensures continuous operation and explicit field protection of Benicia’s temporary bypass and the existing AT&T fiber optic bank throughout construction, while restoring Fairfield’s 30-in. main, associated conduits, and South Cordelia Reservoir to service.
» Applies field-driven CM: daily inspection teams will closely monitor excavation near all utilities, confirm horizontal and vertical separations per design (Sheet 16 of 34), review contractor utility protection plans, and feed observed conditions immediately into RFIs, clarifications, schedule, and change order processes. » Coordinates among all stakeholders, Fairfield, Benicia, Caltrans, utility representatives (especially ATT/fiber), regulatory agencies, and the public, ensuring that risks to utilities and operational constraints are fully addressed in work sequencing, shutdown/outage notifications, and response planning. » Implements the City’s Construction Management Plan in VPM, using it to document communications, utility coordination actions, inspection findings, submittal reviews, risk status, and labor and compliance requirements from pre-construction through closeout.
In practical terms, success will be defined by restoring a stable, reliable corridor, roadway, slope, and wet and dry utilities alike, while maintaining safe, continuous interim operations, ensuring full compliance with FEMA/FHWA/CalOES and utility owner requirements, and delivering a complete, traceable record of the project’s construction and asset integration.
Compliance with federal, state, and local requirements is maintained at every project phase, addressing FEMA Public Assistance Program, FHWA 1273, CalOES oversight, Davis-Bacon standards, and City of Fairfield and Benicia standards. Comprehensive management and documentation cover construction management, daily inspection, technical oversight, and field/laboratory testing for roadway and large-diameter pipeline reconstruction after landslide displacement. Early risk identification and mitigation are accomplished through detailed constructability and biddability reviews of the Lopes Road contract documents, plans, and specifications, including coordination with Caltrans, the Cities, and utility owners. Audit-ready project processes ensure documentation, labor compliance, and QA/QC procedures fully support FEMA and FHWA funding, reimbursement, and requirements for federally declared disaster work. Coordinated stakeholder communication keeps the City of Fairfield, City of Benicia, CalOES, Caltrans, and all utilities informed and engaged—from construction planning through restoration of permanent water and roadway service.
We have structured our approach to meet the complex demands of the Lopes Road & Water Pipeline Reconstruction Project.
Haley & Aldrich 21
Scope of Work
Our team will provide full construction management and inspection services for the Lopes Road & Water Pipeline Reconstruction Project across pre-construction, construction, and closeout. Pre-construction services will include constructability and biddability reviews of the 95 and 100 percent plans and specifications, development of a project-specific Construction Management Plan, coordination with Fairfield, Benicia, Caltrans, and utilities, and support during bidding and contractor selection. During construction, we will furnish construction management, resident engineering, comprehensive field inspection and materials testing, schedule and change management, labor compliance, SWPPP oversight, and project controls and document management using the City’s Virtual Project Manager (VPM) system. Closeout services will include preparing and managing punch lists, conducting final inspections, supporting as-built and O&M documentation, resolving remaining change orders and claims, and assembling complete closeout records to support City acceptance and federal reimbursement. Please see the proposed detailed scope below.
TASK 1 – PRE-CONSTRUCTION SERVICES
The Consultant will coordinate with the City
Construction Manager, City Project Engineer, and
design team to provide pre-construction services in
at least the following areas.
1.1 Constructability and Biddability Review
» Review the 95 percent and 100 percent plans and
specifications for constructability and biddability
and provide written comments.
» Focus on:
› Construction sequencing and access in the
constrained Lopes Road / I-680 corridor.
› Continued operation and protection of
Benicia’s temporary 12-in. HDPE bypass.
› Integration with Caltrans sheet piles and slope
stabilization details.
› Pipeline replacement (30-in. potable and
36-in. raw water), including shutdowns,
tie-ins, testing, and commissioning.
› Utility conflicts and coordination (power, data,
and other utilities).
› Measurement and payment clarity to support
FEMA/FHWA reimbursement.
› Consistency with FEMA, FHWA-1273, CalOES,
and applicable City standards.
» Meet with the City and design team to help
resolve and document critical construction issues
in the contract documents.
» Plan review activities to align with anticipated
milestones: 95 percent PS&E by end of December
2025, bid in February 2026, and Notice to Proceed
in May 2026.
1.2 Support During Bidding
» Participate in pre-bid conference(s), including:
› Assist with agenda and presentation materials.
› Present key constructability issues and risks.
› Document bidder questions for City and
design team response.
» Assist with bid evaluation and analysis:
› Review bids for responsiveness and
responsibility.
› Identify unbalanced or unusual pricing on key
items.
› Provide a written bid analysis and award
recommendation to the City.
1.3 Construction Management Plan (CMP)
Develop, maintain, and update a project-specific
Construction Management Plan through completion
of the project. At a minimum, the plan will include:
» Project description and context (landslide,
roadway, and dual pipelines).
» Vision, goals, and objectives, including restoration
of service and slope resiliency.
» Scope and work breakdown structure for
roadway, pipelines, slope stabilization, and
associated work.
To deliver maximum value and protection to the city of Fairfield, the city of Benicia, and agency partners, a detailed bid document and constructability review is the starting point of Haley & Aldrich’s construction management program.
Haley & Aldrich 22
» Organization chart for City, Benicia, Caltrans,
design team, Haley & Aldrich CM/RE/OE and
inspectors, City liaison inspector, survey, labs,
environmental/biological monitors, and
contractor.
» Clear team roles, responsibilities, and
coordination procedures, explicitly noting that the
Consultant provides full CM and inspection
services and the City inspector acts as liaison.
» Lines of communication and agreed response
times for RFIs, submittals, change orders,
schedule reviews, and field decisions.
» Document management, distribution, and control
procedures using the City’s VPM system as the
official construction management and document
control platform.
» Risk analysis and management for slope
movement, bypass reliability, weather, utilities,
traffic, and safety.
» Quality control process integrating contractor QC,
City’s CTM laboratory, and outside accredited labs
where needed.
» Change management process and forms, including
PCO and CCO logs and time impact analyses.
» Standard forms (daily inspection reports, trend
logs, RFI forms, monthly status reports, SWPPP
inspection forms, and federal documentation
templates).
The draft CMP will be prepared and submitted to the
City for review within the first month of the
pre‑construction period (February) and will be
finalized and updated by the end of the two‑month
pre‑construction window (through March), with
further revisions made as needed throughout
construction and closeout.
1.4 Site Reconnaissance, Baseline Documentation,
and Survey Coordination
» Perform initial site reconnaissance and baseline
documentation, including photo and video, and
where beneficial, photogrammetry, UAS imagery,
and LiDAR scanning.
» Coordinate with the surveyor to confirm
horizontal and vertical control and establish
baseline reference points and cross-sections.
» Document nearby facilities or structures where
monitoring (e.g., vibration or movement) could
reduce risk and support claims mitigation.
The contractor will be responsible for construction
surveying and staking. The Consultant will verify
layout through field review and documentation but
will not provide licensed land surveying services.
1.5 Pre-Construction Meeting and Early Submittals
» Assist the City with the pre-construction meeting
to:
› Confirm roles, contacts, and communication
protocols for all key parties.
› Confirm use of VPM for all document control
and communications.
› Establish submittal and procurement schedule
and review times.
› Review the contractor’s safety program and
SWPPP responsibilities.
› Confirm construction start, mobilization,
milestones, and public notification
requirements.
» Prepare meeting minutes and upload them to
VPM within 24 hours, including action items and
responsible parties.
» Intake, log, and route the contractor’s baseline
CPM schedule and early look-ahead schedules;
review and provide comments.
» Confirm that the baseline schedule reflects the
anticipated 150 working days plus pre- and
post-construction activities.
» Intake, log, and route submittals, shop drawings,
traffic control plans, and SWPPP documents to
designated reviewers and track turnaround in
VPM.
TASK 2 – CONSTRUCTION MANAGEMENT
SERVICES
Haley & Aldrich will provide full construction
management and inspection services to ensure the
project is built in accordance with the contract
documents and applicable standards. The
Consultant’s CM, RE/OE, and inspectors will function
as a single integrated team. The City’s inspector will
primarily serve as a liaison to City engineering staff.
2.1 Construction Management
The Construction Manager (CM) will serve as
construction “Project Coordinator” and primary
contact for contractor and utilities, working closely
with the City Construction Manager and Project
Engineer. The CM will maintain thorough awareness
Haley & Aldrich 23
of contract requirements, ensure the contractor
meets all obligations, and proactively manage the
project to deliver it on time and within budget.
The CM will conduct regular progress and readiness
review meetings (typically weekly) with the
contractor, City, Benicia, design team, and other
stakeholders. We will prepare agendas,
prior-meeting minutes, and action item lists; issue
draft minutes the same day; and finalize minutes
after one week. Monthly progress reports will be
prepared within 7 business days after each reporting
period, including:
» Work completed and in progress.
» Key issues and anticipated concerns.
» Current RFI, submittal, and change logs.
» Schedule status and milestone tracking.
» Photos of critical work items.
Meeting agendas, minutes, and progress reports will
be stored in VPM.
2.2 Plans, As-Builts, and CMP Implementation
» Maintain an up-to-date set of full-size plans and
drawing index, including addenda and changes.
» Maintain the current electronic plan set in VPM.
» Meet monthly with the contractor to review and
update redline as-built drawings and ensure that
updates are reflected in VPM tracking.
» Ensure the CMP is implemented and updated to
reflect project conditions and risks.
2.3 Resident Engineering / Office Engineering
» Support the CCM with day-to-day contract
administration and technical review.
» Review contractor progress payment requests,
independently verify quantities, and provide
recommendations for payment.
» Maintain a trend log in VPM to identify potential
out-of-scope work and potential changes.
2.4 Schedule Management
» Develop an independent CM schedule based on
City deadlines and expectations.
» Review contractor baseline and monthly schedule
updates for logic, sequencing, critical path, float,
and progress.
» Evaluate the schedule effects of changes and
delays and provide recommendations on time
extensions and recovery actions.
» Record schedule reviews, comments, and
approvals in VPM.
2.5 Document Control and Administrative Support
» Use the City’s VPM system as the official
construction management and document control
platform for RFIs, submittals, shop drawings,
SWPPP documents, PCOs, CCOs, time-extension
requests, and correspondence.
» Maintain current status logs and provide periodic
RFI and submittal status reports generated from
VPM.
» Maintain project files in electronic and hard-copy
formats as required for review and audit, with
VPM as the primary electronic repository.
2.6 Coordination and Public Outreach
» Coordinate with Fairfield, Benicia, Caltrans,
utilities, and other third parties on shutdowns,
tie-ins, access, and permits.
» Support City staff with public outreach by
providing content and technical input for
construction updates and responses to resident
questions.
2.7 Labor Compliance
» Conduct all labor compliance monitoring for the
project, including:
› Daily records of workforce and pay-related
information.
› Review of certified payrolls for State and
Federal prevailing wage compliance.
› Notifications and recommendations to the City
regarding non-compliance and withholdings.
› Spot labor surveys and worker interviews as
needed.
» Log labor compliance documentation (daily
records, payroll reviews, and related
correspondence) in VPM.
2.8 Field Inspection and Quality Assurance
The Haley & Aldrich team will provide the full
inspection coverage required by the RFP, including
civil, structural, pipeline, SWPPP, QA, and materials
testing oversight. The team will work collaboratively
Haley & Aldrich 24
with the City’s inspector, who will primarily serve as
a liaison to City engineering staff.
The Haley & Aldrich team will:
» Maintain daily on-site presence to:
› Observe contractor work, methods, safety,
and compliance with plans, specifications, and
approved submittals.
› Verify construction layout and controls for
grading, slopes, and pipeline alignment.
» Prepare Daily Field Reports and upload to VPM
within 24 hours, documenting:
› Work performed by bid item and location.
› Labor, equipment, and hours.
› Materials delivered with tags, batch tickets,
and certificates of compliance.
› Weather and site conditions.
› SWPPP, site safety, and traffic control
observations.
› Changed conditions, delays, or stoppages and
preliminary assessment of excusability.
› Non-conforming work and corrective actions
discussed with contractor and City.
› Public complaints or safety concerns.
Inspection and QA coverage will include:
» Civil and structural work, including roadway,
embankments, foundations, and slope
stabilization elements.
» Electrical and communications work through
coordination with the City’s Building Department,
which will provide electrical inspection for points
of service, meter pedestals, and building
inspection as needed. Haley & Aldrich will
schedule, coordinate, and document these
inspections.
» Safety and public protection, including traffic
control and site access.
» Special inspections and materials testing for soils,
reinforced concrete, and aggregate base/asphalt
concrete pavement, as required by specifications
and building codes.
» Survey support to verify line, grade, and
quantities as needed.
» QA oversight of contractor QC activities.
» Summaries of inspection findings documented in
VPM.
» We assume that the contractor will be required to
provide a portable field office with adequate desk
space for at least two CM/inspection staff to
support on-site coordination, document review,
and reporting. Therefore, we have not included
this cost in our scope.
2.9 Materials Testing
» Provide all materials testing required by the
contract documents and federal requirements.
» Estimated lab testing to be performed consists of:
› 5 Proctors (CTM 216)
› 8 Gradation/Sieve Analysis (CTM 202)
› 8 Sand Equivalent, as needed (CTM 217)
› 40 Concrete Compressive Strength (CTM
521/540)
› 30 Unconfined Strength (DSM)
*Lab testing quantities are assumed based on the
information provided in the 65% plan set
submittal, additional testing may be necessary
based on sub-surface conditions, engineering
requirements, and/or modifications to the plans
and specifications.
» Coordinate use of the City’s laboratory for CTM
methods where acceptable.
» Retain outside accredited laboratories as needed
to perform ASTM, AASHTO, or other non-CTM
tests.
» Coordinate pickup and delivery of samples to
outside laboratories.
» Track test requests, results, and certifications in
VPM.
2.10 SWPPP and Environmental Compliance
» Perform and document weekly and storm-event
SWPPP inspections.
» Monitor and enforce BMPs in cooperation with
the contractor.
» Maintain SWPPP inspection reports and
corrective-action tracking in VPM and in any
required online regulatory systems.
Haley & Aldrich 25
2.11 Schedule Support and Progress Meetings
» Coordinate schedule issues with the contractor
during weekly progress meetings, including
testing needs and environmental/biological
monitor activities.
» Post progress meeting agendas, minutes, and
testing schedules in VPM.
2.12 Documentation, Claims Avoidance, and Dispute
Support
» Maintain thorough geospatially-referenced
photographic and video documentation of
construction, including UAS imagery as
appropriate.
» Implement claim mitigation measures, including
advanced monitoring when appropriate, to
protect City and adjacent assets.
» Maintain a log of correspondence and events that
may lead to claims and store supporting
documentation in VPM.
» Use VPM as the central repository for
claim-related documentation to support objective
dispute resolution.
2.13 Contractor Schedule Review
» Monitor the contractor’s baseline and updated
schedules for compliance with contract
requirements and milestones.
» Track schedule changes and potential changes
and provide timely information on time and cost
impacts to the City Construction Manager.
» Record schedule review comments and City
decisions in VPM.
2.14 Independent Cost Estimates and Change Order
/ Claims Management
» Prepare independent cost estimates for change
orders, extra work, and claims to support
negotiation.
» Document and implement change order
procedures, emphasizing early identification of
potential claims and claim avoidance.
» Evaluate issues that may lead to claims and work
with the contractor and City to explore
alternatives and resolve issues where possible.
» Provide dispute resolution assistance to the City
when required.
» Log PCOs, CCOs, independent estimates, and
claim correspondence in VPM.
2.15 Public Outreach Support
» Support City staff in preparing construction
updates and responses to questions from
residents and stakeholders.
2.16 Funding Compliance
» Ensure that documentation and procedures
support compliance with FEMA Public Assistance
requirements, FHWA-1273, CalOES, and related
federal requirements.
» Organize and store FEMA, FHWA, and CalOES
documentation within VPM to support efficient
audit and reimbursement.
» Support the City with audit-ready records and
responses to federal and state agency inquiries or
site visits.
TASK 3 – PROJECT CLOSE-OUT
Haley & Aldrich will coordinate with the City
Construction Manager, City Project Engineer, and
design team to complete all close-out activities.
3.1 Punch List and Final Inspections
» Conduct a joint final walkthrough with City,
Benicia, design consultant,
environmental/biological monitor, and contractor.
» Prepare a consolidated punch list of incomplete or
unsatisfactory items.
» Record punch-list items, responsible parties, and
completion status in VPM.
» Obtain a schedule from the contractor for
punch-list completion and coordinate
re-inspections and re-testing.
3.2 As-Built Drawings and O&M Documentation
» Assist with preparation and review of as-built
drawings and O&M manuals.
» Coordinate with the design consultant to
complete the as-built record set of specifications
and drawings in hard copy and electronic formats.
Record drawing updates will be performed by the
engineer of record.
» Use UAS imagery and other geospatially-
referenced documentation, as helpful, to support
record drawings.
» Track as-built status and transmittals in VPM.
Haley & Aldrich 26
3.3 Warranty, Training, and Turnover
» Review warranty documents and training
requirements.
» Assist the City in arranging and documenting any
required training for operations and maintenance
staff.
» Log key warranty and training records in VPM.
3.4 Change Orders, Claims, and Final Reconciliation
» Assist the City in negotiating and resolving
outstanding change orders and claims.
» Provide a summary list of all change orders with
final values and justifications.
» Tabulate final expenditures for use in City Council
acceptance and final project reporting.
» Maintain the final change-order log, claim
resolutions, and reconciliation records in VPM.
3.5 Closeout Documentation, Acceptance, and
Archiving
» Assemble and complete project closeout
documentation, including daily reports, test
results, RFIs, submittals, change orders, permits,
SWPPP records, labor compliance documentation,
and key correspondence.
» Coordinate with the City and design consultant on
final acceptance of the as-built improvements and
completion of the as-built record set.
» Ensure all project materials are provided to the
City for archiving.
» Maintain the final electronic record in VPM and
export data in formats compatible with
FEMA/FHWA reimbursement and City record
requirements.
3.6 Final Construction Report and Post-Construction
Support
» Prepare a final construction report summarizing
the project from pre-construction through
closeout, including scope, schedule, budget
outcomes, major changes, claims and resolutions,
and lessons learned.
» Include cross-references to relevant VPM records
to support future retrieval of detailed
documentation.
» Support the City with warranty items and any
required post-completion monitoring or
reporting.
This scope of work has been developed based on the project information and requirements provided by the City, including the anticipated 150 working days for construction and the two-month periods allocated for both pre- construction and closeout services, as described in the RFP and recent addenda. Accordingly, the approach and associated resources presented remain subject to refinement in collaboration with the City as construction progresses and as field conditions warrant.
We appreciate the opportunity to support the City of Fairfield and the City of Benicia on this critical disaster-recovery project and are committed to delivering construction management and inspection services that meet the highest technical, safety, and documentation standards. Drawing on our recent experience managing more than a dozen emergency repair projects since 2023, including landslide and utility-corridor restorations under FEMA and FHWA funding, we will help the City safely restore roadway and water transmission service while maintaining full compliance with all funding requirements. Our integrated team of construction managers, resident engineers, inspectors, materials testing specialists, and labor compliance experts will work closely with City staff and stakeholders from pre-construction through closeout to deliver a high-quality, thoroughly documented project that the City can rely on for the long term.
Haley & Aldrich 27
PROFESSIONAL SERVICES AGREEMENT
Haley & Aldrich, Inc. (Haley & Aldrich) respectfully requests consideration of the following exceptions to the City’s Sample Professional Services Agreement set forth in Appendix C of the RFP for Construction Management and Inspection Services for Lopes Road & Water Pipeline Reconstruction Project. Please note that these are requested considerations that we believe will maintain the objectives of the agreement and be consistent with the intent of California civil codes regarding working with public agencies. The requested considerations should not be interpreted to indicate Haley & Aldrich’s inability to agree to the form or the example agreement.
Exhibit C, Section 7. Standard of Performance: Haley & Aldrich kindly requests the following redline modification to remove language that goes against the objective standard of care defined in this section:
CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory.
Exhibit C, New Section 15. Mutual Waiver of Consequential Damages: Haley & Aldrich kindly requests inclusion of this mutually beneficial waiver of consequential damages clause as Article 15:
Neither party, nor their parent, affiliated or subsidiary companies, nor the officers, directors, agents, employees, or contractors of any of the foregoing, shall be liable to the other in any action or claim for incidental, indirect, special, collateral, punitive, exemplary or consequential damages arising out of or related to the services, whether the action in which recovery of damages is sought is based upon contract, tort (including, to the greatest extent permitted by law, the sole, concurrent or other negligence, whether active or passive, and strict liability of any protected individual or entity), statute or otherwise.
Exhibit D, Section 3.b(vi): Haley & Aldrich kindly requests the deletion of this subsection to maintain certainty on the limits of insurance that are required under this Agreement and to be consistent with the intent of state public contracting law by requiring equivalent requirements of proposing parties:
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT’S policy limits of coverage.
Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.
NON-DISCLOSURE AGREEMENT
Haley & Aldrich has reviewed and agrees to the Non-Disclosure Agreement provided in Appendix E of the RFP.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
We acknowledge that no DBE goal has been established for this contract and will comply with all related contract requirements.
COST PROPOSAL
Our Cost Proposal has been included in a separate, sealed envelope as required by the RFP.
Haley & Aldrich 28
APPENDIX Resumes
SCOTT D. ALMAN, P.E., QSD
Principal
EDUCATION
BS, Civil Engineering, California Polytechnic State University-San Luis Obispo
PROFESSIONAL REGISTRATIONS
California Civil Engineer (PE No. 48104)
Qualified Stormwater Pollution Prevention Plan (SWPPP) Developer (QSD) Scott is a civil engineer and public works leader with 40 years of experience in municipal infrastructure, capital improvement programs, and construction management for cities throughout Northern California. He has served as acting Public Works Director and City Engineer for multiple Bay Area communities, providing technical leadership, regulatory compliance, entitlements, utility planning, water transmission, and road infrastructure project management. Scott is adept at overseeing construction and replacement of critical waterlines, emergency repairs, CIP delivery, and managing multi-disciplinary teams to restore or enhance public services after disaster or system failures.
RELEVANT PROJECT EXPERIENCE
City of St. Helena, Multi-Year On-Call Engineering Services, St. Helena, California. Serving as trusted advisor under St.
Helena’s on-call engineering contract, Scott led owner’s representative and project management services for a broad array of municipal needs. He managed compliance and reporting for Bell Canyon Dam operations with the California DSOD, coordinated review of all development plans, and modernized the city’s standard plans and details. Notably, Scott directed the replacement of the City’s main water supply transmission line and spearheaded a system-wide water meter upgrade to AMI cellular read technology—leading a cross-functional team of city staff, vendors, and contractors from initial data collection through procurement, installation, and full billing system conversion. His ability to manage complex projects, deliver regulatory reporting, and foster stakeholder consensus ensured reliable service delivery for residents and City leadership. (Reference: Joseph Leach, Public Works Director/City Engineer, (707) 690- 2790, [email protected])
City of Newark, Engineering On-Call Contract, Newark, California. Appointed as Acting City Engineer under a major on-call contract, Scott provided technical leadership and comprehensive management for a diverse portfolio of municipal projects. He oversaw removal and replacement of critical city-owned facilities—USTs, fueling stations, and building roofs—ensuring regulatory compliance and operational continuity. Serving as owner’s representative, Scott managed delivery for the Newark “Old Town” Revitalization, key railroad safety and grade separation improvements, and centrally coordinated phases of the citywide pavement rehabilitation effort. When the City Engineer position became vacant, Scott stepped in to provide seamless continuity, administering all engineering division operations, managing the encroachment permit and development review programs, and developing Newark’s next five-year Capital Improvement Plan and biennial capital budgets. (Reference: Howard Young, Public Works Director, (510) 578- 4286, [email protected])
City of Benicia, Staff Augmentation Services, Benicia, California. Scott was appointed interim City Engineer during the recruitment period for a permanent replacement for the previous City Engineer. During his tenure in Bernicia, Scott worked with both the Public Works and Planning departments on smaller in-fill development projects typical in a built- out downtown area as well as revising an outdated driveway ordinance to bring it current. Scott provided day-to-day guidance to the Engineering Department. During Scott’s time with the Engineering Department, it became clear that the most appropriate course of action for replacing the City Engineer was to promote the current Senior Engineer into the City Engineer position. Scott made that recommendation to the Public Works Director and the department proceeded in that direction. (Reference: Neil Leary, City Engineer, (707) 746-4203, [email protected])
SCOTT D. ALMAN, P.E., QSD
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City of Dixon, Staff Augmentation and Engineering Program Management, Dixon, California. As contract director of utilities and city engineer for Dixon, Scott provided both technical and operational leadership across City engineering programs. He was directly responsible for the City’s encroachment and utility permit program, administration of the Capital Improvement Program and associated budgets, assessment district operations, pavement management, and comprehensive development review. Scott’s proactive approach streamlined project delivery and ensured effective interface with City leadership, including regular reporting at Council and executive staff meetings supporting Dixon's ability to keep infrastructure improvement programs on schedule and within budget.
County of Alameda, Tesla Road Culvert Replacement at MM 9.81, Livermore, California. Scott served as project manager for the design of a replacement culvert on a steeply sloping hillside below a County road. Erosion of the underlying soil and very friable bedrock had created a vertical scarp approximately 20 feet wide and 20 feet high.
Objective was to prevent further erosion of the slope below the failed culvert so that the eroded area would not enlarge and eventually undermine the edge of the road. Geotechnical recommendations were developed for crushed rock to be used as backfill in the erosion gullies below the failed culvert, as well as for a replacement culvert to be located outside of the repaired slope. He provided oversight of the civil design team responsible for PS&E preparation during this on-call assignment.
Cities of Clayton, Martinez, Pittsburg, Pavement Repairs, Various, California. While at the cities of Clayton and Martinez, Scott suggested connecting pavement repair projects to facilitate greater contractor interest for smaller projects. The idea was well received by the City of Pittsburg. Scott’s team prepared plans and specifications for the three-city pavement repair project that reduced design costs and promoted competitive bidding.
City of Martinez, Staff Augmentation Services, Martinez, California. Scott was appointed the City of Martinez’s city engineer by City Council action. As the City Engineer, Scott worked directly for the City Manager, Eric Figeuroa, and was responsible for the City’s Encroachment and Utility permit programs, Capital Improvement Program and budgets, assessment district administration and operations, pavement management, Measure M and Measure J funds, and all development review within the City. Scott attended City Council meetings as necessary and attended weekly staff meetings at City Hall.
City of Clayton, Staff Augmentation Services, Clayton, California. Scott was appointed the City of Clayton’s City Engineer by City Council action. As the City Engineer, Scott worked directly for the City Manager and was responsible for the City’s Encroachment and Utility permit programs, Capital Improvement Program and budgets, assessment district administration and operations, pavement management, and all development review within the City. Scott attended City Council meetings as necessary and attended weekly staff meetings at City Hall.
City of Daly City, Staff Augmentation Services, City Engineer, Daly City, California. Scott previously served as a contract City Engineer, where he oversaw the engineering division, providing leadership and management for the eight-person workgroup. Technical review of development applications per City standards, and had overall responsibility for the City’s Encroachment Permit program. Scott had direct responsibility for the multi-year Capital Improvement Program, managing project delivery from design through construction, and worked with the City’s “EnerGov” permit tracking software system, used for all City permits. He transitioned over to project manager when previous project manager retired. Additionally, Scott’s duties also included billing as well as acting as a resource to the project team as needed.
City of Martinez, Pavement Preservation Project, Martinez, California. As project manager, Scott reviewed anticipated street segments and StreetSaver proposed treatments. Street segments were mapped and adjusted based on desired split between maintenance and rehabilitation as well as grouping for ease of construction and public perception. Based on observations and grouping strategy, made recommendation to the City for alternate improvements. Scott oversaw the preparation of the plans, specifications and estimate package prepared for project bidding. The project consisted of 46,550 linear feet of roadway maintenance included crack sealing, dig-outs at base failures, slurry seals, two- and three-layer microsurfacing treatments, two-inch and four-inch overlays, and reconstruction. Where feasible, the striping was upgraded for pedestrian, bicycle, and vehicular safety. The services provided included bid support.
GUS GREGORY, CCM
Construction Manager
EDUCATION
M.S., Construction Management, California State University, East Bay, 2021 B.A., Economics, State University of New York at New Paltz, 2016
PROFESSIONAL REGISTRATIONS AND CERTIFICATIONS
CA/ Certified Construction Manager (CMCI)
FAA, Part 107 sUAS Pilot’s License
Nuclear Gauge Technician
American Concrete Institute Concrete Field Testing Technician – Grade 1 40-hour HAZWOPER
CPR and First Aid Certified
Gus is a construction manager and inspector with 11 years of experience in roadway, drainage, and water infrastructure projects. He is experienced in supporting storm and landslide disaster response, managing emergency repairs, and coordinating with regulatory agencies. His background includes construction management and inspection of large-diameter utility and slope stabilization projects funded by federal sources such as FHWA, with strengths in constructability review, safety, field/lab materials testing, post-construction documentation, and maintaining effective relationships across project stakeholders.
RELEVANT PROJECT EXPERIENCE
County of Alameda, Stanley Blvd Sinkhole Stabilization, Pleasanton, California. Occurring from a combination of long-term erosion and major storm events of early 2023, three sections of the Shadow Lakes quarry wall collapsed, closing the east-bound lane of Stanley Blvd, a major commuter road. The County requested Haley & Aldrich to provide CM services for an innovative and highly technical repair solution. The damage was a 45’ vertical erosion feature that exposed multiple utilities, created limited access to the site, and exposed habitat that needed to be protected during construction. Gus served as the lead construction manager for the project. Responsibilities included documenting daily construction activities, tracking and managing change of site conditions, schedule analysis, safety hazard analysis, and material quantity tracking. Gus also assisted in providing post-construction as-built documentation and project closeout with the regulatory agencies. (Reference: Phillip Linarte, Supervising Civil Engineer, (510) 670-6613, [email protected])
County of Napa, Mt Veeder Road MM 3.5, 3.75, 5.2, 6.15 & 6.25, Napa County, California. Gus served as Construction Manager for three landslide stabilization and roadway restoration projects along Mt. Veeder Road in Napa County, CA, with Haley & Aldrich. The projects included construction of CIDH pile grade beam walls, a steel beam and timber lagging catchment wall, and a stormwater culvert. Construction phasing was coordinated to maintain access for vehicles and a nearby vineyard, and regular communication was maintained with local stakeholders.
Responsibilities included oversight of site safety, contractor performance, and schedule management in a busy wine- growing region. Collaboration with design and geotechnical engineers ensured the successful resolution of technical and geologic challenges. (Reference: Frank Lucido, Engineering Manager, (707) 259-8377, [email protected])
Zone 7 Water Agency, Flood Control Channel Repairs – Phase 3, Dublin and Pleasanton, California. Gus provided construction management services to the Zone 7 Water Agency for flood channel bank repairs along Lines F, G, G-1, J- 1, and J (Alamo Creek, Arroyo Mocho, South San Ramo Creek, and Tassajara Creek). Phase 3 consisted of the repair of 18 sites among 200+ failures that occurred during the heavy winter storms of 2016-2017. Construction management services included submittal review, coordination with the design team (civil and geotechnical engineers), hosting and minute-keeping of weekly progress meetings, site observations, field and lab testing for compaction control,
CONSTANTINE “GUS” GREGORY, CMIT
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maintenance of cloud-based reporting, UAS monitoring, LiDAR scans of existing infrastructure, road scans of haul routes, construction vibration monitoring, pre-construction and as-built surveys, review of change orders, and technical assistance on geotechnical-related issues during construction. All 18 sites were completed in 2021 and 2022 on schedule and on budget. (Reference: Edward Reyes, Principal Engineer – Flood Protection Engineering, (925) 454- 5085, [email protected])
County of Alameda, A Street Stabilization and Roadway Restoration. Gus provided support to the County in obtaining FHWA emergency funding, constructability and work plan review, construction management services, and project closeout documentation for the restoration of A Street in Castro Valley, CA. The roadway collapsed during the December 31st, 2023; storm event due to the unstable embankment of the San Lorenzo Creek. He was responsible for documenting daily construction activities, schedule analysis, safety hazard analysis, and material quantity tracking. He also assisted in providing post-construction as-built documentation and project closeout with the regulatory agencies.
City of Emeryville, Point Emery Erosion and Environmental Protection, Emeryville, California. Gus is providing construction management services to the City of Emeryville for improvements to the Point Emery shoreline. Portions of the popular point and shoreline are unprotected from wave action and eroding. These areas will be protected with large-diameter rock (RSP) along the existing revetment. In addition, the project will consist of the cleanup of over 2.7 acres, nearly 1500 lineal feet, of shoreline. Construction management support services consist of coordination with the City of Emeryville, regulators (BCDC and CDFW), and contractor, assistance in the bid process, submittal review, eelgrass surveys and preparation of an eelgrass protection plan, observations and testing during construction, UAS/ LiDAR baseline, in-progress, and post-construction (as-built) imaging, and development and maintenance of a web- based project portal for DCS and GIS imaging management.
County of Alameda, Lake Chabot Road Stabilization and Roadway Restoration. Gus provided support to the County in obtaining FHWA emergency funding, constructability and work plan review, construction management services, and project closeout documentation for the restoration of Lake Chabot Road in Castro Valley, CA. The roadway collapsed during the December 31
st, 2023, storm event due to the unstable embankment and damaged culvert that ran underneath the roadway. He was responsible for documenting daily construction activities, schedule analysis, safety hazard analysis, and material quantity tracking. He also assisted in providing post-construction as-built documentation and project closeout with the regulatory agencies.
County of Alameda, Tesla Road Roadway Restoration, Livermore, California. Tesla Road, a rural and local commuter road connecting Livermore to Tracy, experienced a deep-seated landslide wiping out the entire roadway for approximately 200’. The County retained Haley & Aldrich to perform CM services from pre-construction/site exploration through project closeout. Gus led the construction effort through high attention to safety hazards, adaptability to constant site condition changes, and guidance of the contractor to utilize adequate means and methods. Gus also assisted in providing post-construction as-built documentation and project closeout with the regulatory agencies.
County of Alameda, Redwood Road MM 7.7, 7.75. & 8.15 Roadway Restoration, Castro Valley, California. Haley & Aldrich provided support to the County in obtaining FHWA emergency funding, constructability and work plan review, construction management services, and project closeout documentation for the restoration of multiple roadway failure locations in Castro Valley, CA. The roadway collapsed in three different locations during the December 31st, 2023, storm event due to the unstable embankment and damaged culvert that ran underneath the roadway. Gus led the project from pre-construction through completion and also assisted in providing post-construction as-built documentation and project closeout with the regulatory agencies.
City of Dublin, Inspection of New Storm Drain Facilities, Dublin, California. Gus inspected and documented several hundred feet of large-diameter, cast-in-place concrete storm drain for quality assurance services on behalf of the City of Dublin. Work required confined space access and documentation. The inspections identified out-of-specification low areas in the completed pipes and led to modifications by the developer’s engineering consultant to correct the identified discrepancies.
Marina Chekmareva, P.E., QSD
PRINCIPAL / PROJECT MANAGER / RESIDENT ENGINEER
SUMMARY OF QUALIFIC ATIONS
Ms. Chekmareva has 15 years of experience providing construction management, engineering, a nd inspection services for capital improvement projects throughout the Bay Area. Her project background includes water and wastewater conveyance systems, roadway and bridge improvements, dams, parks, r
ecreational facilities, and pedestrian trails and overcrossings. Marina has demonstrated success in contract administration and inspection for both private development and public works projects. She is skilled at coordinating between mul
tiple project stakeholders including contractors, clients, multiple agencies, homeowners, business owners and the public. Additionally , Ms. Chekmareva has pr
oven experience managing staff and professional services contracts.
PROJECT EXPERIENCE
Downtown Utility Improvements | City of Mountain View | $3.4M | 09/24 to 12/25
Construction Manager. This project installed 1,900 linear feet of 18” DIP water t
ransmission main to meet the City’s projected future growth and increase in water demand and abandoned existing transmission main. Critical components included transmissi
on main shutdowns and tie-in from existing CCP transmission mains to DIP. Ms. Chekmareva was responsible for the review and approval of RFIs, submittals,
change orders, pay appli cations, and field inspections to ensure work met project design and specifications. Marina had to closely coordinate t
he work among Public Works and Public Services Divisionto ensure the project was completed on time and budget. (Reference: Ariel Morales, Division Manager - Utilities, [email protected], 408-609-0107, formerly with City of Mountain View).
Shoreline Lake Improvements | City of Mountain View | $2M | 9/22 to 4/23 Construction Manager. This project installed a new kayak launch facility and a new floating dock, upgrades to a fixed pier, removal of sediment at the existing boat ramp, repairs and protection of the eroded shorelines, and regrading of a beach area used for windsurfers. Upon compl etion, the project provided improved safe access to the lake, reduced erosion and sediment deposition, and replaced agi ng facilities for water recreational users. Project was located in envi
ronmentally sensitive area and careful coordination with biologist was required for successful completion of the project. Additi onally, all work had
to be closely coordinated with the Shoreline Management team to minimize di
sruptions to the boathouse operator as well as the park and trail users. (Reference: Raymond Wong , Senior Engineer,
[email protected], 650-903-6147)
US101 Macon Water Main Cr
ossing Mountain View, CA | $2M | 5/20 to 10/21
Constructi
on Manager. Ms. Chekmareva provided construction management services on this $2M project which included the installation of 600 LF of 12- inch fusi
ble PVC water main pipe by open trench method and the installation of 600 LF of 24-inch steel casing and 12-inch fusible PVC water main pipe under hi
ghway US-101 via jack and bore method. Project also included water main
YEARS OF EXPERIENCE
15 Years
EDUCATION
BS, Civil Engineering, UC Davis
REGISTRATIONS
Civil Engineer, CA #C83348
Qualified SWPPP Developer/
Practitioner (QSD/P) #26306
TRAINING
Caltrans Resident Engineer
Academy
CPR
Competent Person / Excavation
Training
Confined Space
Marina Chekmareva, P .E., QSD
Principal / Project Manager / Resident Engineer
testing in accordance with AWWA standards, settlement
monitoring, and installation and removal of boring and
receiving pits. The project required coordination with
Caltrans and with Microsoft’s onsite contractor since the utility easement traveled through an active construction site. Additionally, close coordination was required with Public Services Division (PSD) for water shutdowns and
water tie-ins. Ms. Chekmareva was responsible for
contract compliance, change management, and
compliance with COVID19 protocols as the project took
place during the shelter in place order. (Reference: Ashraf Shah, Principal Engineer, [email protected], 650-903-6508)
Excavation Permit Management and Inspection
City of Mountain View, CA | $Varies | 10/16 to 4/24
Construction Manager. Ms. Chekmareva provided
construction management and inspection services for as- needed inspection services for the City’s excavation
permits which are required for all work and temporary
traffic control within the street right-of-way. Project examples include telecommunication companies needing
access to manholes for maintenance, PG&E upgrading
their services lines, and residents/businesses upsizing their water services, replacing sanitary sewer laterals, and
replacing sidewalks and driveways. Ms. Chekmareva
provided construction management, inspection, and
constructability review services for private development projects. She made sure that public work utilities and
assets were designed, protected, and constructed per City standards and specifications. Ms. Chekmareva oversaw
inspection staff to ensure that all projects follow the City’s standard details and specifications and verify that the contractor follows work hours, traffic control plans, storm drain protection, erosion and sediment control, and site grading.
Wet Weather Storage Facility | Sewer Authority
Mid-Coastside | $1.34M | 1/21 to 6/21
Construction Manager. Ms. Chekmareva provided
construction management services on this $1.34M project for the installation of five concrete storage tanks (each was six feet tall, ten feet wide, and ninety feet long) to provide a
combined storage volume of 200,000 gallons. All new
components of the system were located underground at a
maximum depth of approximately 12 feet. The project
included site preparation, grading - excavation and
backfilling, and installation and testing of the storage tanks.
Villa St Water and Sewer Main 13-21A and 13-22A
City of Mountain View, CA | 8/18 to 1/19
Construction Manager. Ms. Chekmareva provided
construction management and inspection services on this project that included the replacement of water and
sanitary sewer mains. Work included abandonment
and removal of existing facilities, replacement of new
pipelines by open-trench method, re-connection to
existing pipelines, reformation of sewer manhole bottoms.
Sewer and water work was coordinated with the Public
Utilities Division (PSD) to minimize disruption to utility services. Additionally, since the project was located in the center of downtown , all work was closely coordination
with contractor to minimize disruptions to businesses in the area. Ms. Chekmareva was responsible for the review and approval of RFIs, submittals, change orders, and pay applications and field inspections to ensure work met
project design and specifications.
Pavement Restoration | City of Belmont, CA | $675K |
3/20 to 5/20
Construction Manager. The project required pavement
grinding, overlay, and 5-inch and 8-inch digouts located throughout five streets in the City. The project also
included traffic control, water pollution control, local damage repairs, removal and replacement of
thermoplastic striping and pavement markers, installation of shoulder backing, construction of PCC curb, gutter, and swale, and construction of speed hump. Ms. Chekmareva
worked closely with the City, contractor, and residents to minimize construction impacts to the surrounding
residents. Challenges included working on narrow and
steep streets and utility covers that need to be lowered.
She proactively performed a site walk on each street with the Contractor to identify and mark all utilities that need to be lowered before the grind operations and worked closely with the contractor to notify residents of any changes in the schedule.
Granada Force Main Segment 4 Replacement |
Sewer Authority Mid-Coastside | $600K | 2020 to 2021
Construction Manager. This project installed over 1,400 LF of 16-inch HDPE force main via Horizontal Directional Drill method. A temporary bypass was required to enable the
transition from the existing force main to the newly
installed force main. Challenges included working near
environmentally sensitive areas. The project required
storm water control measures and acquiring necessary
permits.Page 83 of 175
Jon Evans, CWI
SENIOR CONSTRUCTION INSPECTOR
SUMMARY OF QUALIFICATIONS
Mr. Evans has over 35 years of experience providing construction inspection services for underground utilities projects. Mr. Evans holds certifications in concrete, welding and coatings. His background includes serving as a grade setter foreman and project experience with HDPE fusion pipe, polyvinyl fusion, cathodic welding, hydrostatic testing, and horizontal drilling.
PROJECT EXPERIENCE
Rodeo Pump Station Capacity Upgrade | County of Santa Cruz | $4.6M | 02/25 to 11/25
Project Inspector. Mr. Evans was responsible for ensuring that work in the field is completed in compliance with the project plans and specifications. Mr. Evans is responsible for daily logs, photos, and tracking any potential extra work. Mr.
Evans worked directly with County of Santa Cruz construction management st
aff. Project includes installing overflow sanitary sewer wet well and pumps at the Rodeo Pump Station and associated controls. (Reference: Cristina Crocker, Project Manager, [email protected], 831-477-3956) Interceptor Force Trunk Main Rehabilitation | City of Mountain View, CA | $2.5M | 12/21 to 4/22
Project Inspector. Mr. Evans was responsible for ensuring that work in the field was completed in compliance with the project plans and specifications. Mr.
Evans was responsible for daily logs, photos, and tracking any potential extra work. Mr. Evans was critical component in resolving issues as they arose in the field and assisted in coordinating with the Shoreline Park team to minimize impact to park users. Project included the rehabilitation of 1,000 LF of a 42-inch interceptor force trunk main, the replacement of an existing flanged outlet manhole adjacent to the Shoreline Sewer Pump Station, and the construction of a downstream manhole adjacent to a restaurant. Due to continuous sewage flow, a sewer bypass system was required to re-route the sewage around the construction area to facilitate rehabilitation. The pipeline travels from the pump st
ation, through a driving range/golf course to the Palo Alto Wastewater Treatment Plant. Project was located in environmentally sensitive area and careful coordination with biologist was required for successful completion of the project . (Reference: Ariel Morales, Division Manager - Utilities, [email protected], 408-609-0107, formerly with City of Mountain View) San Antonio Road Emergency Water Main Replacement |
City of Mountain View | $500K | 6/21 to 7/21
Project Inspector. Mr. Evans was responsible for ensuring that work in the field was completed in compliance with the project plans and specifications. Mr.
Evans was responsible for daily logs, photos, and tracking any potential extra work. Project included the installation of approximately 550 LF of 12-inch PVC water main utilizing an open cut construction method and includes appurtenances (gate valves, service connections) and Bac-T and pressure testing. The project required the water main to be shut off during construction and a highline was installed to provide domestic water to the effected customers. This project was situated within a busy roadway and most of the work was performed at night to minimize traffic disruptions. (Reference: Ashraf Shah,
Principal Engineer, [email protected], 650-903-6508)
YEARS OF EXPERIENCE
35 Years
CERTIFICATIONS
Certified Welding Inspector,
#583705498
OSHA 10-Hour
TRAIN ING
Gra
de Setter/Laser/Stationing
CPR
Competent Person/Excavation
Training
Confined Space
Jon Evans
Senior Construction Inspector
Sears Point Pump Station Rehabilitation Project | City of Vallejo | $4.2M | 5/22 to 4/24
Project Inspector. Mr. Evans was responsible for ensuring that work in the field was completed in compliance with the project plans and specifications. Mr. Evans was
responsible for daily logs, photos, and tracking any
potential extra work. Mr. Evans was critical component in resol
ving issues as they arose in the field. This project
included the replacement of two submersible wastewater
pumps, each in separate wet wells, including electrical and instrumentation; bypass pumping to divert all incoming
flows away from the pump station; replacement of four (4) pump di
scharge columns (piping) and guide rails;
modifications to the existing wet wells and inlet structure including lining repairs; replacement of surge tank
appurtenances including the air valve, level sensor, and hi
gh-pressure airline; electrical modifications including replacement of the main services switchboard, the existing auto transfer controller with automatic transfer switch type, the pump station motor termination cabinets, and
the installation of new conduits from the wet wells to the exi
sting building; and structural modifications including
replacement and rehabilitation of existing pipe supports, concrete repair, and aboveground corrosion mitigation and coatings.
Basin A Sanitary Sewer | City San Mateo | $9.8M |
6/22 to
4/24
Project Inspector. Mr. Evans was responsible for ensuring t
hat work in the field was completed in compliance
wi
th the project plans and specifications. Mr. Evans
was responsible for daily logs, photos, and tracking
any potential extra work. The project included the
rehabilitation of existing sewer main at 400+ locations within the public ROW and easements of City of San
M
ateo. The project consisted of spot and segment repairs utilizing both open cut and sectional CIPP methods, full length pipel
ine replacement using pipe bursting method,
manhole repairs, and pre and post CCTV inspections of
95,000-ft of pi
pe.
Spyglass Storm Drain Improvements I City of San Bruno I $800K | 5/22 to 7/22
Project Inspector. Mr. Evans was responsible for ensuring t
hat work in the field was completed in compliance
wi
th the project plans and specifications. Mr. Evans
was responsible for daily logs, photos, and tracking any potential extra work.
Project included the replacement of over 900 LF of 12-inch t
o 48-inch reinforced concrete pipe (RCP) storm drain with high-density polyethylene (HDPE) utilizing an open cut construction method and rehabilitation of 145 LF of 36- inch RCP storm drain utilizing a Cured-in-Place-Pipe (CIPP) li
ning. The project also includes the installation of a
manhole, storm drain junction structure, and site
restoration in a neighborhood. The project required
extensive public outreach and traffic control.
California American Water
Company/Fruitridge Vista
Water Company | O2EPCM Inc. | Sacramento, CA |
7/20 to 4/21
Utility Inspector. Mr. Evans provided field inspections for water meter conversions located throughout the Old
Sacramento Historic District. His responsibilities included ensuring existing water main l
ines were converted properly
and that the meters were installed following best practices and code for new service lines, curb stops, saddles, and tapping of the main lines. He maintained data logs and
photo logs of relevant procedures, reinforced safe work practi
ces and environments, oversaw all compaction
testing and restoration of sites, and verified the contractor installed per specifications and contract. Mr. Evans met with contractors daily to confirm they were prepared
to perform the scheduled work each da
y, reviewed
the materials and equipment to confirm the submittal
requirements were met prior to bei
ng installed, and
notified the contractor of any anomalies or problems to prevent i
nstallation of incorrect items and enabling the
project to stay on schedule and avoid rework.
PG&E Utility Company, Gulf Interstate Field Services |
Sacramento, CA
Utility and Coating Inspector. Mr. Evans provided utility and coatings fi
eld inspections while serving as a third-party
inspector for PG&E utility company. His responsibilities included inspecting cutouts and twenty-seven In-Line
Inspection (ILI) digs for repairs and coating of 1-inch to 44- inch lines throughout the SF Bay Area and provided redline dra
wings for the as-built documentation. When working on
the Yuba City Co-Generation plant site and other utility projects, he led the team discussions with the owner, PG&E crews, a
nd inspectors, confirmed the work conformed to
the contract documents, and verified utilities were
properl
y isolated using LOTO procedures to allow safe
work for all the workers. As a NACE certified coating
inspector, Mr. Evans, evaluated the prep work, primer, and final coating to ensure they were performed per contract and the NACE standards.Page 85 of 175
ELIJAH ZANE, P.E., G.E.
Office Engineer
EDUCATION
B.S., Civil Engineering, University of California, Berkeley, 2005
PROFESSIONAL REGISTRATIONS
2008/ California: Professional Engineer (Reg. No. C73284) 2013/ California: Geotechnical Engineer (Reg. No. 3035) Eli is a geotechnical engineer with 20 years of experience supporting public works roadway, landslide, flood control, levee, and pipeline repair projects throughout Northern California. He has expertise in emergency and disaster-driven infrastructure restoration, with specific experience in landslide assessment, roadway reconstruction, slope stabilization, and open-cut installation and replacement of major potable and raw water pipelines. His work includes leading geotechnical investigations, design, and construction-phase documentation for projects delivered under FEMA and FHWA funding programs, and coordinating closely with city staff, construction managers, and resident engineers to restore damaged transportation and water infrastructure efficiently and in compliance with federal reimbursement requirements.
RELEVANT PROJECT EXPERIENCE
City of Walnut Creek, Debris Flow Source Area along Ygnacio Valley Road, Walnut Creek, California. Eli served as the geotechnical engineer for a debris flow response project along Ygnacio Valley Road in Walnut Creek. Services included conducting site observations, performing an initial site assessment, engaging in repair discussions with the City, preparing a summary memorandum of findings and recommendations, and providing engineering services during construction. (Reference: Alex Wong, PE, Senior Civil Engineer, (925) 943-5899x2239, [email protected]) United States Army Corp (USACE) SF District, Levee Flood Risk Management Project, Watsonville, California. As the project manager and lead designer, Eli is actively working with USACE SF District and a non-federal sponsor on two reaches of a levee flood risk management (FRM) project. The FRM project consists of channel improvements, including a combination of new levees, setback levees, raised levees, flood walls, and combos thereof for 6+ miles. Haley & Aldrich completed 100 percent civil design level services for one reach and 30 percent for the other location, including preparing plans, specifications, engineer’s estimate, construction schedule, design documentation report, and a geotechnical report. (Reference: Barney Wair, PE, GE, Chief Geo-Sciences Section, (415) 215-1603, [email protected])
Alameda County Flood Control and Water, Zone 6 Line E Channel Improvements, Fremont, California. Eli was the project manager responsible for providing geotechnical engineering, consulting, design, and engineering services during bidding and construction for the Alameda County Flood Control and Water Conservation District’s channel widening improvements along Zone 6, Line E – Laguna Creek. The project entailed degrading levees down to the low flow channel, constructing floodwalls along the right-of-way, design of pipe penetrations into the channel, and design of new entrances into the channel. The project was completed to improve channel capacity to meet the 100-year flood. Services included review of existing data, a geotechnical subsurface exploration, preparation of design recommendations, preparation of PS&E and design calculations, and engineering services during bidding and construction. (Reference: Moses Tsang, Deputy Director, (510) 670-6549, [email protected]) Alameda County Flood Control and Water Conservation, San Lorenzo Creek Emergency Embankment Repair, Alameda County, California. Eli was the project manager for an emergency creekbank repair below the Casa Sandoval Retirement Center in Hayward, California. A 34-foot-long stretch of the south bank of San Lorenzo Creek failed during
ELIJAH ZANE, P.E., G.E.
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the winter of 2011. The project consisted of reconstructing the 0.5H:1V embankment with a 24-foot-tall geocell embankment. Eli completed the design and preparation of plans, specifications, and engineer's estimate (PS&E) in a month. He was also the full-time field engineer during construction to complete the repair before the end of grading season.
Solano Department of Resource Management, Glen Road Stabilization, Vacaville, California. Eli was the project engineer during a geotechnical investigation and design of stabilization measures for a 200-foot segment of Peaceful Glen Road adjacent to Sweeney Creek. The roadway was undermined by progressive lateral migration of the creek resulting in a lane closure. The project was included as an emergency repair to an already-planned 800-foot-long road widening project. The project required geologic mapping, review of aerial photos, subsurface investigation, testing, and analysis to determine limits of instability and design parameters.
Tuolumne County Community Resources Agency, Tuolumne County Storm Damage Road Repairs, Tuolumne County, California. Eli was the project engineer to provide civil and construction management services in support of Buchanan Lane, Italian Bar Road, and Marshes Flat Road repairs as part of an on-call contract with Tuolumne County. He provided technical review services; FEMA grant funding assistance, bidding, and negotiations support; construction management; and construction administration.
County of Alameda, Emergency Response – Roadways, Alameda County, California. As the project engineer under an on-call contract with Alameda County, CE&G completed seven emergency site assessments after storms caused significant damage to the county’s roadway infrastructure. The damage included two debris flows on Kilkare Road, rockfall on Palomares Road, a sinkhole on Palomares Road, a landslide on Koopman Road, and creekbank erosion adjacent to Foothill Road and Palomares Road. CE&G prepared a site assessment report for each site. Each site assessment report included a discussion about the cause of the damage, emergency opening and permanent restoration recommendations, and conceptual plans and engineer’s estimates. The reports assisted the County to obtain FEMA funding.
City of Martinez c/o LCC, Creekbank Stabilization, Martinez, California. Eli served as project engineer for this creekbank stabilization project constructed along Alhambra Way in Martinez. He performed calculations and developed plans, specifications, and engineer's estimate for a rock slope protection embankment with concrete retaining wall. Work also included performing construction observations during construction.
City of Walnut Creek c/o NCE, Rudgear Drive Retaining Wall, Walnut Creek, California. Eli was the project manager for a subsurface investigation and development of design recommendations for replacement of a leaning retaining wall located on the south side of Rudgear Road between Vandeslice Court and Rudgear Drive. The wall was originally constructed in response to a failing slope from the 1981-1982 winter storms. A subsurface investigation of the site, in addition to the installation of slope inclinometer pipe to monitor whether the slope was moving, was completed as part of the project. Recommendations were provided for the design of the new retaining wall based on conventional lateral earth pressures. Inspections services were completed during the construction phase of the project.
City of San Jose, Kelley Park Storm Outfall Repair, San José, California. Eli was the project manager for a subsurface investigation and report, preparation of design alternatives report, and preparation of plans, specifications, and engineer’s estimate for the FEMA funded repair of a damaged 66-inch CMP storm drainpipe, embankment, and outfall located in the City of San José’s Kelley Park. Plans were prepared for the preferred alternative consisting of an RSP embankment, new 60-inch reinforced concrete pipe segments, a drainage vault with internal flap gate, and outfall.
Emergency mitigation plans were prepared during two subsequent winters to prevent further erosion of the outfall and embankment that were incorporated into the final repair plans.
JEFF HAUSEN
Field Inspector / Lab Testing Manager
EDUCATION
BA, Literature, University of California-Santa Cruz
PROFESSIONAL REGISTRATIONS AND CERTIFICATIONS
CA: Certified Commercial Part 107 UAS Pilot (Reg. No. 1155551-20230104-00677) CA: Nuclear Gauge Technician (Reg. No. 31931-171-207-5797) CA: American Concrete Institute Concrete Field Testing Technician (Reg. No. 02085335) 40-hour HAZWOPER
CPR and First Aid Certified
Jeff is a construction management and materials testing technician with seven years of experience supporting public works, transportation, flood control, and emergency repair projects throughout Northern California. He specializes in laboratory and field testing for soils and concrete, quality assurance inspection, and digital documentation and mapping via UAS (drone). He is experienced in daily reporting, team coordination, and working alongside city, county, and engineering teams to meet benchmarks for critical repairs to roadways, embankments, channels, and utilities.
RELEVANT PROJECT EXPERIENCE
Napa County, Mt. Veeder MM 3.75, 5.2, 6.15, and 6.25, Napa County, California. As lead construction inspector Jeff provided daily field observation and inspection services throughout three concurrent emergency roadway repairs.The projects included construction of CIDH pile grade beam walls, a steel beam and timber lagging catchment wall, and a stormwater culvert. Construction phasing was coordinated to maintain access for vehicles and a nearby vineyard, and regular communication was maintained with local stakeholders. Jeff communicated work progress to the client and scheduled/coordinated special inspection and laboratory materials testing. He conducted daily UAS flights as part of his routine site documentation. (Reference: Frank Lucido, Engineering Manager, (707) 259-8377, [email protected])
Zone 7 Water Agency, Medeiros Reach Floodplain Reconnection, Livermore, California. As the lead field CM representative Jeff completed daily construction observation and inspection services. His duties also included the communication of construction progress and project needs between the client, contractor, and CM team. Jeff provided on-site soil technician special inspection services throughout the project and also performed the necessary laboratory materials testing. (Reference: Jeff Tang, PE, Associate Civil Engineer, 925.454.5075, [email protected])
Alameda County Public Works, A Street Emergency Response, Castro Valley, California. Jeff provided full-time on- site CM, construction observation and inspection services during an expedited storm damage emergency repair project. Apart from daily reporting and photo documentation of construction operations, Jeff was tasked with coordinating between the client, contractor, and engineering consultant to meet key project benchmarks and specifications. Jeff performed laboratory materials testing as needed. (Reference: James Lai, Supervising Public Works Inspector, (510) 670-6614, [email protected])
Alameda County Public Works, Redwood Rd. MM 7.70, MM 7.75 and MM 8.15, Castro Valley, California.
Construction management inspector. Haley & Aldrich provided construction management services for three concurrent slope stability remediations stretched along a remote two-mile section of roadway in Alameda County.
Jeff’s scope of work included as-needed on-site observation and inspection of critical construction activities, as well as coordination of key project items between the client, contractor and design team.
Tuolumne County Community Resources Agency, Marshes Flat Road Storm Damage, Tuolumne County, California.
Jeff served as UAS flight assistant for initial site mapping and pilot in command for subsequent mapping. He gathered
JEFF HAUSEN
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photographic and geospatial data in the process of producing high-resolution orthographic imagery. Jeff periodically flew the site to gather photographic and video evidence of construction operations. He created maps and figures used in site analysis. Jeff also assisted with laboratory materials testing.
Zone 7 Water Agency, Rehabilitation of Flood Channels, Livermore, California. As a UAS pilot and remote sensing technician, Jeff flew flood channel repair sites regularly to gather data for construction management operations. His in-office tasks included point cloud generation and processing, ultimately resulting in the production of elevation maps to be used for site analytics and the creation of site overview figures; GIS technician responsible for georeferencing historic project designs and maps overtop of current site imagery. Soil technician who completed on- site inspections and field documentation of construction progress.
Salt River Project, Copper Crossing Energy Research Center, Florence, Arizona. Jeff performed full-time field observation and reporting as an on-site CQA manager while monitoring the earthwork and subsequent installation of two lined geosynthetic ponds. In his role, he tracked material shipments/quantities, coordinated field testing, and directed sampling to meet project-specified material testing intervals.
Carmel Reserve, LLC. September Ranch Development, Carmel California. Jeff provided soil technician and special inspection services that included daily field observation reporting, and in-situ material testing and sampling. In his role as on-site geotechnical representative Jeff had to negotiate a sprawling and active project site while monitoring and recording the work progress of various crews. When necessary, he also performed laboratory testing services for the project.
Geo-Logic Associates, Potrero Hills Landfill, Suisun City, California. Jeff managed a high volume of time-sensitive soil laboratory testing. He ensured that the prompt delivery of test results met quality standards and construction scheduling constraints. Jeff occasionally worked on-site in an observation and documentation capacity.
Y&H Company, Alvarado Road Landslide Repairs, Berkeley, California. Jeff served as soil technician and UAS pilot tasked with general site observation and documentation. Specific tasks included daily field inspections of engineered slopes and routine UAS flyovers to gather up-to-date site condition information. He periodically gathered soil samples and oversaw all laboratory materials testing.
Foster City Levee Protection Planning and Improvements, Foster City, California. Jeff provided special inspection services as both a concrete and soil technician. Additionally, Jeff performed the laboratory testing associated with the field technician services delivered.
Contra Costa County Sanitary District, Martinez Treatment Plant Levee, Martinez, California. Jeff served as soil technician. He monitored construction operations to meet project plan specifications. He conducted field inspections and thoroughly documented daily construction efforts. Jeff procured samples for laboratory testing; and oversaw all laboratory materials testing.
ACD-TI Oakley LLC, Cypress Preserve, Oakley, California. Jeff served as pilot in command for a photographic and geospatial data-gathering effort covering nearly one thousand acres of farmland/pasture to be developed. He managed equipment and scheduling limitations to complete the extensive mapping flights. Jeff participated in laboratory testing operations, processing a high volume of materials.
Dougherty Valley Geologic Hazard Abatement District, Kami Court Emergency Landslide Stabilization, San Ramon, California. Jeff served as field technician tasked with gathering and plotting digital inclinometer readings. He worked as flight assistant who gathered geospatial mapping data. Jeff also provided GIS assistance and participated in laboratory materials testing.
EDMOND V. BABAYAN, P.E.
Field Inspector
EDUCATION
MS, Civil Engineering (emphasis in Geotechnical Engineering), California State Polytechnic University, Pomona
BS, Civil Engineering, California State University, Northridge
PROFESSIONAL REGISTRATIONS
2021/ CA: Professional Engineer (Reg. No. 92424)
SPECIAL STUDIES AND COURSES
10-Hour OSHA Construction
American Red Cross Adult and Pediatric First Aid/CPR/AED Training APNGA Portable Nuclear Gauge Safety & U.S. DOT HAZMAT Certification: Certificate #10541- 163-406-0313
OSHA 40-hour HAZWOPER - #2401191505784
OSHA 8-hour HAZWOPER Supervisor - #2401234505784
Edmond is a civil and geotechnical engineer with eight years of experience in construction management, inspection, and geotechnical engineering for public works, utility infrastructure, landslide and slope repair, and large-diameter water distribution projects throughout California. He is experienced in performing daily field inspections, preparing quality documentation, coordinating with utility providers, interpreting field and laboratory test data, enforcing safety and environmental compliance, and implementing project management and scheduling best practices. Edmond effectively supports project teams to deliver safe, high-quality, and timely infrastructure renewal and repairs.
RELEVANT PROJECT EXPERIENCE
City of Daly City, San Diego, Santa Cruz, Guadalupe, and St. Francis Water Main Replacement Projects, Daly City, California. Edmond Served as Deputy Construction Manager and onsite Inspector for multiple concurrent water main replacement projects in Daly City, overseeing the installation of over 2,700 feet of new water pipelines, service connections, hydrants, and valves. Conducted daily field inspections, coordinated with City staff, contractors, and utility agencies, and provided real-time reporting to ensure regulatory, safety, and quality compliance. Proactively identified and resolved utility conflicts and unforeseen site issues to maintain schedule and minimize public disruption. Enforced prevailing wage and environmental BMPs, supported rigorous documentation for project transparency, and contributed to successful on-time, within-budget project delivery that improved water service reliability and public safety. (Reference: Michael Patolo, Acting Distribution Manager, (650) 991-8200, [email protected])
San Mateo County Public Works Department, Slip-Out Repair 2180 Higgins Canyon Road, Half Moon Bay, California.
The project consists of the repair of a landslide which had damaged an existing roadway. The repair entails the construction of a new mechanically stabilized earth wall. Edmond provided geotechnical support during construction which consisted of field observations, review of submittals, and development of field reports. (Reference: Joshua Rawley, Associate Civil Engineer, (650) 222-0513, [email protected]) Chain of Lakes Wellhouse PFAS Treatment Facility, Pleasanton, California. The project consisted of the construction of a new PFAS treatment facility which will be operated by Alameda County Flood Control and Water Conservation District. Edmond provided project oversight and engineering support during construction which included field observations, review of submittals, participation in construction progress meetings, and development of field reports. (Reference: Matt Veltri, Resident Engineer, (724) 914-1229, [email protected]) City of Daly City, Structural Repair of Reservoir 6B, Department of Water and Wastewater Resources, Daly City, California. Construction observations were provided for structural upgrades of an existing above-ground reservoir
EDMOND V. BABAYAN, P.E.
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tank. Edmond served as the primary inspector for the city ensuring that all field work was conducted in compliance with project plans and specifications. He was responsible for providing general engineering support required by the city which included review of all contractor submittals and participation in progress meetings.
Ultraviolet Facility, Central Contra Costa Sanitary District, Martinez, California. Edmond served as the geotechnical engineer for this project. In this role, he evaluated field and laboratory data, performed engineering analyses, and prepared a design-level geotechnical investigation report for the proposed facility.
San Bernardino County Transportation Authority, Interstate-10 Express Lanes Corridor Project, San Bernardino County, California. Edmond served as a lead field engineer to manage geotechnical subsurface explorations consisting of collecting high quality soil samples for testing, logging and classifying the in-situ soils in accordance with Caltrans provisions, maintaining adherence to safety protocols by all on-site staff for highway drilling work, and proper backfill of borehole upon completion of exploration work.
Film Production Warehouse Facilities Renovations, Los Angeles, California. Edmond served as the geotechnical engineer which consisted of leading the subsurface explorations, logging and classifying the in-situ soils, assigning laboratory testing and interpreting the data, conducting analyses to evaluate settlement, bearing capacity, and liquefaction potential, and developed geotechnical design recommendations for a design-level report. Based on findings of the investigation, the building’s initially proposed pile foundation system was modified to a shallow foundation system which helped reduce the projected cost of construction considerably.
Geotechnical Instrumentation Monitoring for High-Rise Residential Building, Los Angeles, California. Edmond served as the lead field engineer who was responsible for installing geotechnical instrumentation consisting of inclinometers and mechanical extensometers, performing field measurements, data processing, and submitting bi-weekly to monthly reports to client documenting the extent of subsurface lateral and vertical movement caused by the development.
Substation and Electrical Duct Banks, Jet Propulsion Laboratory, Pasadena, California. Edmond served as a project geotechnical engineer which consisted of developing a field exploration program, assigning laboratory testing on the collected soil samples, interpreting the laboratory data, performing engineering analyses pertaining to settlement and lateral earth pressures, and providing design and construction recommendations for a design-level geotechnical investigation report.
Multi-Story, Mixed-Use Building Development, Santa Monica, California. Edmond served as a project geotechnical engineer which consisted of conducting a site reconnaissance to establish a feasible exploration program, interpreting the findings of the field and laboratory testing, developing engineering properties of the in-situ soils, and developing design and construction recommendations focusing primarily upon the foundation and shoring systems.
Student Health Clinic, Charles R. Drew University, Los Angeles, California. Edmond served as a project geotechnical engineer consisting of evaluating field and laboratory testing, conducting site-specific liquefaction analyses to assess the degree of seismically-induced settlement, and provide foundation recommendations to address these conditions.
Based on the findings of his report, was able to receive approval from the Los Angeles Building and Safety Department and have the proposed building supported on a mat foundation in lieu of the deep pile foundation system that was initially anticipated. This helped reduce the projected cost of the proposed development considerably.
Benjamin Lokteff
Laboratory Manager
With Blackburn
Since 2008
Education
▪ William Jessup
University, Bachelor of
Arts in Public Policy
Certifications
▪ Caltrans: 201, 204, 206,
207, 301, 304, 308, 309,
366, 382, 521
▪ ACI Concrete Strength
Testing Technician
▪ ACI Concrete Field
Testing Technician
References
Caltrans District 3
Jennifer Davis Ferris
Contract Manager
(530) 632-6566
Jennifer.Davis-Ferris
@dot.ca.gov
City of Patterson
Tiffany Rodriguez
Capital Projects Manager
(209) 895-8075
tirodriguez@
ci.patterson.ca.us
City of West Sacramento
Candido Ramirez
Senior Civil Engineer
(916)617-4850
candidor@
cityofwestsacramento.org
As Laboratory Manager for Blackburn Consulting, Ben manages the performance of lab tests for geotechnical and construction materials projects in accordance with required testing standards. Ben provides initial and refresher training of lab staff, manages and submits lab billings, and oversees the organizati on and cleanliness of the lab facilities.
He coordinates lab test schedules and turn -around times through communication with clients, Blackburn engineers, and field staff. Ben works with Blackburn’s Lab Operations Manager to maintain lab equipment, quality assurance manuals, and calibrations.
Representative Experience
City of Elk Grove On-Call, Sacramento County, CA
Lab Manager for this on-call geotechnical engineering, materials testing, and inspection contract in Elk Grove, CA. Role includes preparation of lab testing schedules, and performance of tests including concrete strength, expansion index, Atterberg Limits, sieve analysis, and compaction curves. Gathers test data and creates and distributes test result reports to the appropriate parties.
Grant Line Road Widening, Phase 1, Elk Grove, CA
Lab Manager during construction of this overhead structure in Elk Grove, CA. Bens role included preparation of lab testing schedules, and performance of tests including concrete strength, expansion index, Atterberg Limits, sieve analysis, and sand equivalent testing. Ben assembled test data, created and distributed test result reports to the appropriate parties.
County Road 27, Yolo County
Lab Manager for this pavement rehabilitation design project in Yolo County, CA. Role included preparation of lab testing schedule and performance of laboratory tests including cement -treated compaction curves , Hot Mix Asphalt, and unconfined compressive strength.
NID Bear River Siphon and Combie Flume Replacement, Placer County, CA Lab Manager for these two large pipeline replacement projects in Placer County, CA.
Role included preparation of lab testing schedule and performance of laboratory Mid-Western Placer Regional Sewer Project, Placer County, CA Lab Manager for this large sewer treatment plant project in Lincoln, CA. Role includes preparation of lab testing schedules, and performance of tests including concrete strength, expansion index, Atterberg Limits, sieve analysis, and compaction curve testing. Gathers test data and creates and distributes test result reports to the appropriate parties.
Lost Creek Dam, Butte County, CA
Lab Manager for this dam upgrade located in Butte County, CA. Role included preparation of lab testing schedules, and performance of tests including sieve analysis, compression, and unconfined compressive strength tests.
Southport Early Implementation Project, Yolo County, CA Laboratory Manager/Supervisor responsible for lab testing in support of this large levee project in West Sacramento, CA. Testing included Atterberg Limits and sieve analysis of proposed borrow areas.
Geotechnical
Geo-Environmental
Forensics
Construction Services
Catalina Ferreto
360PSM INC.
Labor Compliance Monitoring Officer
Catalina Ferreto
Labor Compliance Monitoring
Firm
360PSM Inc.
Areas of Expertise
• Labor Compliance Monitoring State and Federal
• Prevailing Wages Rates
• Cross check daily reports
• Documents Control Management
• Conducts Field Interviews
• Status Report
• Public outreach
• Marketing and Administrative Support Services
• Marketing consultant Services
• Bilingual Services
Years of Experience
23
Certifications
• FFC: Prevailing Wage/ Labor Compliance
• Contract Compliance Academy- Public Works
• Public Works: Phase 1: PWC-100
• Public Works: Phase 2: Labor Compliance
• Public Works: Phase 3: Apprentices
• Public Works: Phase 4: Fringe Benefits
• Public Works: Phase 5: Skilled Work Force
• Public Works: Phase 6: Federal Davis Bacon
• Public Works CCS, CA
• Federal Public Works (Davis Bacon) CCS, CA
Education
• Boston University San Jose Costa Rica Bachelor’s
in Business Administration and Global Marketing
• Heald College AA
• Heald College Valedictorian
• Monterey Peninsula College (MPC)
Affiliations
• American Public Works Association (APWA)
• APWA Board of Directors/ Secretary
• ASCE.
360PSM was founded in 2018 by Catalina
Ferreto and was created with the goal of
assisting agencies on implementing the
guidelines and procedures for local agencies to
comply with labor compliance and associated
provisions derived from the California Labor
Code of Federal Regulations, regulations of the
FHWA , the California Code of Regulations, and
the United States Department of Labor. We
help agencies to monitor contractor compliance
with all the applicable payment of prevailing
wages and requirements of the contract
provisions.
Project Experience:
City of Soledad Construction Management
and Inspection Services for the Orchard
Lane Park Park Project. Project cost
$7,767,286 (Continues) Labor Compliance
Monitoring Officer. The project includes
Technical professional Construction
Management and Inspection Services related to
the proposed Metz/Orchard Park, including but
not limited to: park construction, new building
construction, site demolition, skatepark,
splashpad, earthwork, and site. (Reference:
Donald Wilcox, Public Works Director, (831)
223-5124, [email protected])
San Lorenzo Valley Water District, Quail
Hollow Pipeline Replacement Project.
Project Cost $2.700,000.00 Labor
Compliance Monitoring Officer
The Project consist of replace existing potable
water main pipeline in Quail Hollow Road. The
project consists of providing 7,455 LF of new
12-inch ductile iron water main in Quail Hollow
Road, with associated fittings, valves, services
and hydrants, and abandoning in-place the
existing 6-inch water main. (Reference: Garrett
Roffe, Engineering Manager, (831) 338-2153,
[email protected])
City of Seaside Cutino Park Construction
Management. Project Cost: $3.7 million
360PSM and president Catalina Ferreto
provide Labor Compliance Services State and
Federal.
The project includes demolition, tree removal, and
earthwork; storm drainpipes, structures, and
bioretention pond; concrete curbs, gutters,
sidewalks and walkways; site retaining walls; hot
Catalina Ferreto
360PSM INC.
Labor Compliance Monitoring Officer
mix asphalt paving; site furnishings including
drinking fountain, bike rack, benches, and
bleachers; play area including play equipment,
engineered wood fiber surfacing and poured in
place surfacing; and planting and irrigation.
(Reference: Nisha A. Patel, Public Works
Director/City Engineer, (831) 899-6884,
[email protected])
Pajaro/Sunny Mesa Community Services
District (PSMCSD). Critical Water Supply
improvements for Pajaro (600,000-Gallon
Water Storage Tank) Project cost $2.4 Million
Labor Compliance Monitoring Officer
360PSM and President Catalina Ferreto provided
Pajaro/Sunny Mesa Community Services District
with assistance on the first phase of the project
with Labor Compliance and complying with all
applicable provisions of Section 16100 of Title 8
of the California Code of regulations, which
require the Contractor to keep accurate records of
work performed as provided in Labor Code
Section 1812, to allow Owner to inspect
contractor's payroll records pursuant to Labor
Code Section 1776 and Section 16400( e) of Title
8 of the California Code of Regulations, and to
comply with all requirements imposed by law. And
second phase Field Interview Officer.
(Continues) City of Gonzales: Industrial
Sewer Collection System Project. Project
Cost: $9-$9.5M. 360PSM provides State and
federal Labor Compliance. The project
consists of 11,000 linear feet of 21”/24” PVC
piping from the existing industrial park to the
future Industrial Wastewater Treatment
Facility.
City of Soledad Crack Seal Project. Project
Cost: $543.404.
Labor Compliance Work includes, but is not
limited to, furnishing all labor, materials, tools, and equipment necessary for placement of Crack Seal
materials including rubberized crack fill and dike
mix, setup and maintenance of traffic control
systems; and cleanup of the project area, and
other related work as necessary to provide a
complete project; all in accordance with the
Standard Specifications, General Provisions, the
Plans, and the Special Provisions.
Continues: City of Salinas Park Revitalization
and Improvement - for Closter Park- EL
Gabilan Play-Lot- : Universal Playground at
Northgate and Williams Ranch Parks . Labor
Compliance Monitoring Officer. The City of
Salinas has a population of 165,000 people, is the
largest city in the County of Monterey and serves
as the county seat. Known as the “salad bowl of
the world”, the community is surrounded by
agricultural lands which drive its economy and
shape its heritage.
City Of Soledad: Community Center Building
Modernization CIP NUMBER: F23-
08. Project Cost: 917,169.00. Labor
Compliance Services. Project includes.
Selective Demolition, Kitchen remodel, Restroom
remodel, Stage Lift, Accessibility Upgrades
(parking, signs, doors, hardware, etc.), Electrical,
Mechanical & Plumbing Gym Lighting, Restroom
Remodel
San Lorenzo Valley Water District
Consolidation Project. Project Cost $3.2
million. 360PSM Provide Field Labor
Compliance and field interviews. The project
consists of replacing existing undersized water
mains for the consolidation of Forest Springs
and Bracken Brae mutual water companies into
the San Lorenzo Valley Water District (SLWVD).
Originally scoped to install 8,960 linear feet of
10-inch and 12-inch water mains, the project
now proposes installing a reduced scope of
approximately 2,800 linear feet of 12-inch water
main. The water main will be installed within
publicly maintained Santa Cruz County and
Caltrans (State Highway 236) Right-of-Ways.
Project founding from the State Department of
Water Resources as par of the Small
Community Drought Relief Program.
County Of Santa Cruz: 323 & 900 Hopkins
Gulch Road Storm Damage Repair Project
Disaster No. FEMA-PW-4305-DR-CA FEMA
Project No. PA-09-CA-4305-PW-00289(1)&
00290(1) Project Cost $837,223.75 360PSM
provides Labor Compliance.
The project location in the County of Santa Cruz
is as follows: Work includes slip out repair. Major
work includes, but is not limited to: Construction of
a soldier pile retaining wall Midwest guardrail
system Reconstructed roadway, Stormwater
drainage Erosion control and re-vegetation 90
working day contract for two sites.
EXHIBIT “B”
PAYMENT
1) For and in consideration of CONSULTANT’s services, CITY agrees to pay CONSULTANT for actual fees, costs and expenses for all time and ma terials expended. In no event shall the total compensation under this AGREEMENT exceed ONE MILLION, ONE HUNDRED SEVENTY-TWO THOUSAND, SIX HUNDRED THREE DOLLARS, AND TWENTY CENTS ($1,172,603.20) without prior written authorization from the CITY.
2) Payment shall be made to CONSULTANT in accordance w ith CONSULTANT’s price proposal, accepted by the CITY. CONSULTANT shall submit, and CITY shall pay monthly invoices for work performed during previous months. For the time and material services, billing shall be based on the hourly and fee rate charges set forth in Exhibit “B” attached hereto, and on the number of hours expended on the PROJECT by each classification of employee.
3) Extra work performed by the CONSULTANT for any work required by the CITY which is not specified as part of Exhibit “A” including but not limited to, any changes to CONSULTANT’s services including but not limited to contract change orders after award of the construction contract by the Ci ty Council, or testimony in Court, shall be compensated by the use of the time and material fee rates of the attached Exhibit “B”. No extra work will be compensated for unless required by CITY in writing. 4) CONSULTANT shall submit invoices to CITY, Attention: [email protected] and CITY shall pay CONSULTANT within 30 days of receiving a proper invoice. CONSULTANT shall notify the CITY in writing when the CONSULTANT’s invoices total billing is within 25% of the total authorized amount. 9 Revised 1/09/2025
EXHIBIT “C”
GENERAL PROVISIONS
1) INDEPENDENT CONSULTANT . At all times during the term of this Agreement, C ONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of C ONSULTANT's services rendered pursuant to this Agreement; however, CITY shall not have the right t o control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CO NSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CON SULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, kee p in effect at all times during the term of this Agreement, any licenses, permits, and approvals whi ch are legally required for CONSULTANT to practice his or her profession.
3) TIME . CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance o f CONSULTANT's obligations pursuant to this Agreement. CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary.
4) CONSULTANT NOT AN AGENT. Except as CITY may specify in writing, CONSULTANT shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent.
CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
6) PERSONNEL. CONSULTANT shall assign only competent personnel t o perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the ter m of this Agreement, desires the removal of any person o r persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT sha ll remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which C ONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All prod ucts which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlik e manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall have the right to reject any work product that does not conform to this Agreement or to the applicable professional standard. 8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment 1 Revised 1/09/2025
for all services performed and all costs incurred u p to and including the date of receipt of written n otice to cease work on the project. CONSULTANT shall be e ntitled to no further compensation for work performed after the date of receipt of written noti ce to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY. 9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS .
a) To the fullest extent permitted by law, with respect to claims arising out of CONSULTANT's professional services, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively "CITY Indemnitees") from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney's fees and co sts, to the extent caused by the negligence, recklessness, or willful misconduct of the CONSULTANT.
CONSULTANT's duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT's proportionate percen tage of fault. CONSULTANT's percentage of fault shall be determined, as applicable, by a court of l aw, jury or arbitrator. In the event any loss, liab ility or damage is incurred by way of settlement or resoluti on without a court, jury or arbitrator having made a determination of the CONSULTANT's percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT's proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY. b) To the fullest extent allowed by law, with respect to claims not arising out of CONSULTANT's professional services, CONSULTANT shal l indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of e very name, kind and description, brought forth on account of injuries to or death of any person or da mage to property arising from or connected with the willful misconduct, negligent acts, errors or omiss ions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTAN T or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance o f this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees.
It is understood that the duty of CONSULTANT to ind emnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
CONSULTANT’S responsibility for such defense and in demnity shall survive termination or completion of this agreement for the full period of time allowed by law. 11) PROHIBITED INTERESTS . No employee of the CITY shall have any direct fin ancial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated. 2 Revised 1/09/2025
12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County. The CITY encourages an active affirmative action program on the part of its contractors, consultants, and developers. When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.
As a way of responding to the provisions of the Davis-Bacon Act and this program, contractors, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin.
Notwithstanding the foregoing, this Section 12 shall not apply to any procurement, subcontract, or employment decision funded in whole or in part with federal financial assistance. No geographic or local preference shall be applied to federally funded work, consistent with 2 C.F.R. § 200.319(c). Where federal prevailing-wage and certified-payroll requirements apply (e.g., to the construction contract), those requirements shall govern in lieu of the reporting described in this Section. 13) CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code §§ 87200 et seq. CONSULTANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel. 14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONSULTANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.
b) If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number of the sole proprietor. c) If CONSULTANT is doing business as other than a sol e proprietorship, CONSULTANT shall provide CONSULTANT’S federal tax identification number.
WAIVER OF CONSEQUENTIAL DAMAGES. Except with respect to (a) CONSULTANT’s indemnity obligations under Section 10 of this Exhibit "C;" (b) claims by or against third parties; (c) damages caused by gross negligence, willful misconduct, or fraud; (d) breaches of confidentiality or intellectual property obligations; and (e) any loss, disallowance, denial of federal or state funding reimbursement caused by CONSULTANT's failure to com ply with applicable funding requirements, neither party shall be liable to the other for incidental, indirect, punitive, exemplary, or consequential damages arising out of this Agreement, whether based in contract, tort, or statute. Nothing in this Section shall reduce, limit, or affect any insurance coverage required under Exhibit D, and to the extent damages would otherwise be covered by such insurance, this Section shall not apply.
EXHIBIT “D”
INSURANCE REQUIREMENTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease. 2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required.
Professional Liability Insurance / Errors and Omiss ions Liability in the minimum amount of $1,000,000 per occurrence.
Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $ ________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
Builder’s Risk / Course of Construction Insurance in the minimum amount of $ _____ . 3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers 4 Revised 1/09/2025
X
liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operatio ns performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT’S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The CONSULTANT’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The required limits may be satisfied by any combination of coverage maintained by CONSULTANT.
The minimum limits set forth in this Exhibit "D" are not a limitation on CONSULTANT's liability under this AGREEMENT. To the extent CONSULTANT maintains insurance with limits in excess of the minimums required herein, the full limits of such coverage shall be available to respond to any claim arising out of or relating to CONSULTANT's performance under this Agreement, up to the limits actually carried at the time of the claim.
c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY. d) VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically via email at [email protected]. All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. e) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub-contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.
EXHIBIT “E”
FEDERAL CONTRACT PROVISIONS
FEMA Public Assistance & FHWA-Funded Procurement
This Exhibit E sets forth the federal contract provisions applicable to this Agreement because it is funded, in whole or in part, with federal financial assistance administered by the Federal Emergency Management Agency (FEMA) and/or the Federal Highway Administration (FHWA). These provisions are required by 2 C.F.R.
Part 200, including 2 C.F.R. § 200.327 and Appendix II to Part 200. In the event of any conflict between this Exhibit E and any other provision of this Agreement (including Exhibits C and D), this Exhibit E shall control with respect to federally funded work.
1) LEGAL, CONTRACTUAL, AND ADMINISTRATIVE REMEDIES FOR BREACH. Because this Agreement exceeds the federal simplified acquisition threshold (currently $250,000), the Consultant shall be subject to administrative, contractual, and legal remedies in instances where the Consultant violates or breaches the terms of this Agreement, including the sanctions and penalties set forth in this Agreement and as may be appropriate. All remedies available to the City under this Agreement or under applicable law may be exercised individually or in combination, and the exercise of any remedy shall not waive any other remedy. (2 C.F.R. Part 200, Appendix II, § A.)
2) TERMINATION FOR CAUSE AND FOR CONVENIENCE. This Agreement may be terminated for convenience by the City as provided in the main Agreement and Exhibit C. In addition, the City may terminate this Agreement, in whole or in part, for cause if the Consultant fails to comply with any term of this Agreement, including this Exhibit E, or fails to make sufficient progress so as to endanger performance. The City shall provide written notice of the deficiency and a reasonable opportunity to cure where appropriate. Upon termination for cause, the City may pursue any remedy available at law or in equity, and the manner of termination and basis for settlement shall be as set forth in this Agreement. (2 C.F.R. Part 200, Appendix II, § B.)
3) CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT.
a) CLEAN AIR ACT. The Consultant agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. The Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to FEMA and the appropriate Environmental Protection Agency Regional Office.
b) FEDERAL WATER POLLUTION CONTROL ACT. The Consultant agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. The Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to FEMA and the appropriate Environmental Protection Agency Regional Office.
The Consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance. (2 C.F.R. Part 200, Appendix II, § G.)
4) SUSPENSION AND DEBARMENT. This Agreement is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the Consultant is required to verify that none of the Consultant's
principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
The Consultant must comply with 2 C.F.R. Part 180, subpart C, and 2 C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower-tier covered transaction it enters into. This certification is a material representation of fact relied upon by the City. If it is later determined that the Consultant did not comply, in addition to remedies available to the City, the Federal Government may pursue available remedies, including suspension and/or debarment. The Consultant agrees to comply with these requirements throughout the period of this Agreement and to include a provision requiring such compliance in its lower-tier covered transactions. (2 C.F.R. Part 200, Appendix II, § H; 2 C.F.R. Parts 180, 3000.)
A completed Debarment certification is provided in Attachment E-1.
5) BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. § 1352). Consultants who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient, who in turn will forward the certification(s) to the federal awarding agency. (2 C.F.R. Part 200, Appendix II, § I.)
The required certification (44 C.F.R. Part 18, Appendix A) is provided in Attachment E-2.
6) PROCUREMENT OF RECOVERED MATERIALS. In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (a) competitively within a timeframe providing for compliance with the contract performance schedule; (b) meeting contract performance requirements; or (c) at a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available through EPA's Comprehensive Procurement Guideline (CPG) Program. The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. (2 C.F.R.
Part 200, Appendix II, § J; 2 C.F.R. § 200.323.)
7) PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES.
a) DEFINITIONS. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning given in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services.
b) PROHIBITIONS. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit obligating or expending federal award funds on certain telecommunications products or from certain entities for national security reasons.
Unless an exception applies, the Consultant and its subcontractors may not use FEMA funds to: (i) procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component, or as critical technology, of any system; (ii) enter, extend, or renew a contract to procure or obtain such equipment, system, or service; (iii) enter, extend, or renew contracts with entities that use such equipment or services; or (iv) provide such equipment, system, or service as part of its performance of this Agreement.
c) EXCEPTIONS AND REPORTING. The exceptions and one-business-day / ten-business-day reporting requirements set forth in 2 C.F.R. § 200.216 and FEMA Policy 405-143-1 apply. (e) Subcontracts. The Consultant shall insert the substance of this clause, including this paragraph, in all subcontracts and other contractual instruments. (2 C.F.R. Part 200, Appendix II, § K; 2 C.F.R. § 200.216.)
8) DOMESTIC PREFERENCES FOR PROCUREMENTS. The Consultant should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, including but not limited to iron, aluminum, steel, cement, and other manufactured products. For iron and steel products, “produced in the United States” means that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. The Consultant shall include this requirement in all subawards, contracts, and purchase orders for work performed under this Agreement. (2 C.F.R. Part 200, Appendix II, § L; 2 C.F.R. § 200.322.)
9) ACCESS TO RECORDS. The Consultant agrees to provide the City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Consultant that are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever, or to copy excerpts and transcriptions as reasonably needed, and to provide the FEMA Administrator or authorized representatives access to construction or other work sites pertaining to the work.
In compliance with Section 1225 of the Disaster Recovery Reform Act of 2018, the City and the Consultant acknowledge and agree that no language in this Agreement is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. (2 C.F.R. §§ 200.334, 200.337.)
10) NO OBLIGATION BY FEDERAL GOVERNMENT. The Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to the City, the Consultant, or any other party pertaining to any matter resulting from this Agreement.
11) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Consultant acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant's actions pertaining to this Agreement.
12) DHS SEAL, LOGO, AND FLAGS. The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials, including those of FEMA, without specific FEMA pre-approval. The Consultant shall include this provision in any subcontracts.
13) COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS; ACKNOWLEDGMENT OF FEDERAL FUNDING. This is an acknowledgment that FEMA and/or FHWA financial assistance will be used to fund all or a portion of this Agreement. The Consultant will comply with all applicable federal law, regulations, executive orders, and FEMA and FHWA policies, procedures, and directives.
14) CHANGES. To be allowable under the federal award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allocable, within the scope of the federal award, reasonable for the scope of work, and otherwise allowable. No modification or amendment of this Agreement is effective unless made in writing and signed by both parties. (2 C.F.R. § 200.403.)
15) LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT. The Consultant grants to the City a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this Agreement to reproduce, publish, or otherwise use, including to prepare derivative works, distribute copies to the public, and perform and display publicly, such data. “Data” includes any work subject to copyright under 17 U.S.C. § 102, such as written reports, software and source code, images, graphics, videos, and other audiovisual works. The City must extend to FEMA a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use such works for federal purposes and to authorize others to do so. Upon or before completion of this Agreement, the Consultant will deliver such data to the City in formats acceptable to the City. (2 C.F.R. § 200.315.)
16) FHWA / CALTRANS LOCAL ASSISTANCE REQUIREMENTS. To the extent this Agreement is funded in whole or in part with Federal Highway Administration (FHWA) federal-aid assistance administered through the California Department of Transportation (Caltrans), the Consultant shall comply with the requirements of 23 C.F.R. Part 172 and the applicable provisions of the Caltrans Local Assistance Procedures Manual (LAPM), Chapter 10, governing federally funded architectural and engineering (A&E) consultant contracts. The following are incorporated into and made part of this Agreement: (a) the A&E contract provisions in LAPM Exhibit 10-R; and (b) the certification regarding use of contract funds for lobbying (49 C.F.R. Part 20, App. A). Compensation under this Agreement is subject to the federal cost principles of 48 C.F.R. Part 31 and 2 C.F.R. Part 200, Subpart E, and to Caltrans' acceptance and audit of the Consultant's cost rate as set forth in Exhibit B; costs determined unallowable upon audit shall be reimbursed to the City. Form FHWA-1273 is incorporated into the project's construction contract and is not incorporated into this Agreement.
ATTACHMENT E-1
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
The contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters.
This certification is a material representation of fact relied upon by (insert name of recipient/subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to (insert name of recipient/subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R.
Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.”
Signature of Authorized Official _________________ _____________________________________
Name and Title of Authorized Official ______________________________________________________
Date __________________________________________ ____________
ATTACHMENT E-2
CERTIFICATION REGARDING LOBBYING
(Appendix A, 44 C.F.R. Part 18 -- Contracts, Grants, Loans, and Cooperative Agreements)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, _______________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
EXHIBIT F
ADDITIONAL FHWA CONTRACT REQUIREMENTS
All work completed for this project shall comply with Federal Highway Administration (FHWA) requirements including, but not limited to, those requirements provided in FHWA 1273 as included in this Exhibit.
1 FHWA-1273 – Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non- segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).
3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).
The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.
2 1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."
2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.
Information and procedures with regard to referring such applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action
3 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.
10. Assurances Required :
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b.
The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non- responsible.
c. The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the following:
4 (1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy
between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.
This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for which a prevailing wage rate has been determined;
5 (ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the
questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph
6 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.
All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each
worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.
7 (5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.
4. Apprentices and equal employment opportunity (29 CFR
5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph
4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with
8 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.
11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and
guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR
5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment.
In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
9 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under
CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation)
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;