15 Bond No.:
C. PAYMENT BOND
(Labor and Materials)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the CITY OF RANCHO CUCAMONGA (name of City) (“City”) has awarded to (Name and address of Contractor)
(“Principal”), a contract (the “Contract”) for the work described as follows:
“Parks Playground and Surfacing Replacement Project - Victoria Arbors” WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law.
NOW THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Four hundred fifty thousand dollars ($450,000), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void.
16 Payment Bond (continued)
This bond shall insure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case the suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys’ fees in an amount fixed by the court.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Date:
“Principal” “Surety”
By: By:
Its Its
By: By:
Its Its
(Seal) (Seal)
Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
17 D. WORKER'S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Date (Contractor)
By:
(Signature)
(Title)
Attest:
By:
(Signature)
(Title)
18 E. MAINTENANCE GUARANTEE BOND
FOR
“Parks Playground and Surfacing Replacement Project - Victoria Arbors” WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and (hereinafter designated as “Contractor”) have entered into an agreement, Contract # , whereby Contractor agrees to install and complete certain designated public improvements, which said agreement, dated , 20 , and identified as project located is hereby referred to and made a part
hereof; and
WHEREAS, said Contractor is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, guaranteeing all improvements free of all defects for a period of one (1) year after acceptance of by the City.
NOW, THEREFORE, we the Contractor and as
surety, are held and firmly bound unto the City of Rancho Cucamonga (hereinafter called “City”), in the penal sum of Four hundred fifty thousand dollars Dollars ($450,000) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bonded Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein specified, and in all respects according to their true intent and meaning, and shall indemnify and same harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreements or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and surety above named on , 20 .
CONTRACTOR SURETY
Name Name
Address Address
By: By:
PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS
SIGNATURES MUST BE NOTARIZED
19 CITY OF RANCHO CUCAMONGA
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
The work shall be done in accordance with the "Green Book" Standard Specifications for Public Works Construction 2024 edition written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern District Associated General Contractors of California Joint Cooperative Committee, herein referred to as the "Standard Specifications." Subsequent amendments, supplements and/or additions shall also be considered, included herein. Copies are available from the publisher, Building News, Incorporated, 1612 So. Clementine Street, Anaheim, California, 92802, telephone (714) 517- 0970.
The Standard Specifications set forth above will control the general provisions, construction materials, and construction methods for this contract except as amended by the Plans, other contract documents, or the Special Provisions to follow.
The section numbers of the following amendments coincide with those of said Standard Specifications. Only those sections requiring elaborations, amendments, specifying of options, or additions are referenced.
20 SPECIAL PROVISIONS
Amendments to "Standard Specifications", the City of Rancho Cucamonga Specifications for Public Works Construction
PART 1
GENERAL PROVISIONS
SECTION 1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE,
AND SYMBOLS
1-2 TERMS AND DEFINITIONS
The words and phrases defined below, appear in the Standard Specifications and in these Special Provisions, shall for the purpose of the Contract have the meaning hereinafter assigned to them.
Agency: The City of Rancho Cucamonga.
Board: The City Council of the City of Rancho Cucamonga.
Engineer: The City Engineer of the City of Rancho Cucamonga, acting personally or through agents or assistants duly authorized by him.
The following shall be added:
City: City of Rancho Cucamonga, San Bernardino County,
California.
Major Bid Item: A single Contract item constituting 10 percent or more of the original Contract Price.
Substantial Completion: Means the project can be used for its intended purpose as determined by the Engineer.
1-7 AWARD AND EXECUTION OF CONTRACT
The following subsection shall be added to subsection 1-7.1:
1-7.1.1 DESCRIPTION OF WORK
The scope of work to be performed in general consists of, but not limited to, demolishing and removing existing play equipment and rubber surfacing, and installing new playground equipment and resurfacing.
1-7.2 CONTRACT BONDS
Delete the second sentence of the fourth paragraph and add the following:
The "Performance Bond" shall remain in force until the acceptance of the Work by the
21 Board. The bond shall be maintained by the Contractor in full force and effect until thirty five days after recordation of the Notice of Completion and acceptance of a “Maintenance Surety Bond” per Section 4-1.1.
22 SECTION 2 – SCOPE OF THE WORK
2-1 WORK TO BE DONE
The following paragraphs shall be added following paragraph one:
All work which is defective in its construction or deficient in any of the requirements of the Plans and Specifications shall be remedied or removed and replaced by the Contractor in an acceptable manner at his own expense. No compensation will be allowed for any work done beyond the lines and grades shown on the Plans or established by the Engineer. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer and City may cause the defective work to be remedied or removed and replaced at the expense of the Contractor.
Any unauthorized or defective work, defective material, or workmanship or any unfaithful or imperfect work that may be discovered before final acceptance of work by the board shall be corrected immediately with no extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the Work.
2-2 PERMITS
The entire text of Subsection 2-2 is deleted and replaced with the following:
Prior to the start of any work, the Contractor shall obtain the applicable City permits and plan for City inspections. The City will issue the permits at no charge to the Contractor.
The Contractor and all subcontractors shall each obtain a City business license and shall be licensed in accordance with State Business and Professions Code. The Contractor shall also obtain all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity.
The Contractor shall submit a Temporary Use Permit application to the Code Enforcement Office of the Planning Division of the City before utilizing a temporary construction storage site. The application shall state the site's intended use and include a map showing the location of the temporary storage area in relation to the project area along with proposed ingress and egress routes. Permit submittal information can be obtained from Code Enforcement, (909) 477-2720.
If the City has obtained permits, licenses or other authorizations applicable to the work from other agencies, the Contractor shall comply with the provisions of said permits, licenses and other authorizations.
Any charges for permit fees, licenses, inspection fees, certificates, insurance, authorizations, bonds that are required by any other governing body entity, utilities, railroads, agency shall be paid for by the Contractor. The actual costs of these charges to the Contractor shall be reimbursable by the City.
2-5 THE CONTRACTOR'S EQUIPMENT AND FACILITIES
2-5.1 GENERAL.
The following sentence shall be added to the end of paragraph one:
23 Such equipment and facilities shall meet all requirements of applicable ordinances and laws.
24 SECTION 3 – CONTROL OF THE WORK
3-4 AUTHORITY OF THE BOARD AND THE ENGINEER
The following paragraphs shall be added following paragraph two:
All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made on any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer in writing. Deviations from the approved plans, as may be required by the exigencies of construction, will be determined in all cases by the Engineer and authorized in writing.
All instructions, rulings and decisions of the Engineer shall be in writing and binding on all parties unless formal protest is made as provided in the following paragraph:
If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any instruction, ruling or decision of the Inspector or Engineer to be unfair, he shall within ten (10) days after any such demand is made, or instruction, ruling or decision is given, file a written protest with the Engineer, stating clearly and in detail his objections and reasons therefore. Except for such protests and objections as are made of record in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the Engineer.
Upon receipt of any such protest from the Contractor, the Engineer shall review the demand, instruction, ruling or decision objected to and shall promptly advise the Contractor, in writing, of his final decision, which shall be binding on all parties, unless within the ten days thereafter the Contractor shall file with the Board a formal protest against said decision of the Engineer. The Board shall consider and render a final decision on any such protest within thirty (30) days of receipt of same. 3-6 THE CONTRACTOR'S REPRESENTATIVE
The following paragraphs shall be added following paragraph one:
The Contractor shall file with the Engineer the addresses and telephone numbers where he or his designated representative may be reached during hours when the work is not in progress, so that 24-hour, 7days-a-week contact can be maintained.
Instructions and information given by the Engineer to the Contractor's authorized representative or at the address or telephone numbers filed in accordance with this section shall be considered as having been given to the Contractor. 3-7 CONTRACT DOCUMENT
3-7.1 GENERAL.
Add the following after the third paragraph:
25 While it is believed that much of the information pertaining to conditions, which may affect the cost of the Work, will be shown on the Plans or indicated in the Specifications, the Agency does not warrant the completeness or accuracy of such information.
The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid.
Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor.
The following paragraphs shall be added following the last paragraph:
If the Contractor, either commencing work or in the course of the work, finds any discrepancy between the Specifications and the Plans, or between either, and the physical conditions at the site of the work, or finds any error or omission in any of the Plans, or Specifications or survey, he shall promptly notify the Engineer in writing of any such discrepancy, error, or omission. If the Contractor observes that any of the Plans or Specifications are at variance with any applicable law, ordinance, regulation, order or decree, he shall promptly notify the Engineer in writing of such conflict.
The Engineer on receipt of any such notice shall promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any work done by the Contractor, either directly or indirectly, after his discovery of such error, discrepancy, or conflict, will be at his own risk, and he shall bear all costs arising therefrom. 3-7.2 PRECEDENCE OF CONTRACT DOCUMENTS.
The following paragraph shall be added following paragraph two:
Should it appear that the work to be done or any matter relative thereto is not sufficiently detailed or explained by the specifications, the Contractor shall apply to the Engineer for such further explanation as may be necessary and shall conform to such explanation or interpretation as part of the Contract so far as may be consistent with the intent of the original plans and specifications. In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct.
THE FOLLOWING SUBSECTION SHALL BE ADDED: 3-7.3AS BUILT PLANS.
The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as-built conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met. 3-12 WORK SITE MAINTENANCE
3-12.3 NOISE CONTROL.
The text of the subsection shall be deleted and replaced with the following:
Noise generated from the Contractor’s operations shall be controlled as specified by City
26 Ordinance. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel.
3-12.6.2 BEST MANAGEMENT PRACTICES (BMPS).
The following is added after the first sentence in the second paragraph as follows:
Best Management Practices relevant to the Work shall be in accordance with the current California Stormwater Quality Association (CASQA) BMP Handbook as needed and/or otherwise directed by the Engineer. The contractor shall implement and maintain BMPs relevant to the scope of work.
3-12.6.3 STORM WATER POLLUTION PREVENTION PLAN (SWPPP).
The following shall be added after the first paragraph:
Projects subject to requirements of General Permit for Discharges associated with Construction and Land Disturbance Activities (Order NO. 2009-0009-DWQ NPDES NO.
CAS000002)
The contractor shall follow all requirements in Order NO. 2009-0009-DWQ, NPDES NO.
CAS000002. This General Permit regulates discharges of pollutants in storm water associated with construction activity (storm water discharges) to waters of the United States from construction sites that disturb one or more acres of land surface, or that are part of a common plan of development or sale that disturbs more than one acre of land surface. Contractor is not responsible for filing a Notice of Intent (NOI) for Permit coverage or a Notice of Termination (NOT) at project end. City staff will file a NOI for permit coverage and file a (NOT) at the end of the project. (See General Construction Storm Water Permit PDF:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/constpermits/wqo_20 09_0009_complete.pdf).
A requirement of the Permit is the discharger shall develop a Storm Water Pollution Prevention Plan (SWPPP). The discharger shall ensure that the SWPPP for all sites are developed and amended or revised by a Qualified SWPPP Developer (QSD). Also, the discharger shall ensure that Best Management Practices (BMPs) within the SWPPP are implemented by a Qualified SWPPP Practitioner (QSP). (See SWPPP Training Qualifications and Requirements PDF:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/constpermits/wqo_20 09_0009_complete.pdf#page=49). The SWPPP shall be designed to address the following objectives:
1. All pollutants and their sources, including sources of sediment associated with construction, construction site erosion and all other activities associated with construction activity is controlled;
2. Where not otherwise required to be under a Regional Water Board permit, all non-storm water discharges are identified and either eliminated, controlled, or treated;
3. Site Best Management Practices (BMPs) are effective and result in the reduction or elimination of pollutants in storm water discharges and authorized non-storm water discharges from construction activity to the Best Available Technology Economically Achievable/Best Conventional Pollutant Control Technology standard (BAT/BCT
27 standard);
4. Calculations and design details as well as BMP controls for site run-on are complete and correct, and
5. To demonstrate compliance with requirements of this General Permit, the QSD shall include information in the SWPPP that supports the conclusions, selections, use, and maintenance of BMPs.
6. Stabilization BMPs installed to reduce or eliminate pollutants after construction is complete.
3-12.6.5. PAYMENT.
The entire text of the subsection is deleted and replaced with the following:
Unless otherwise specified in the bid, payment for implementation and maintenance of BMP’s and SWPPP, and for dewatering shall be considered as included in the Contract Unit Price for each item in the Bid.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY.
3-13.1 COMPLETION.
Delete the following from the last sentence:
“…and to which liquidated damages will be computed.”
3-13.3 WARRANTY.
The first paragraph shall be deleted and replaced with the following:
All work shall be warranted by the Contractor against defective workmanship and materials for a period of 1 year from the date of the acceptance of the work by the Board.
The following shall be added to the end of the second paragraph:
In addition, manufacturers’ warranties, guarantees, instruction sheets and parts list, which are furnished with articles or materials incorporated in the work, shall be delivered to the Engineer before acceptance of the work by the City.
The following subsection shall be added:
3-14 CLAIMS DISPUTE RESOLUTION.
In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.
28 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to the dispute procedures set forth in Public Contract Code Section 9204 and Public Contract Code Section 20104, et seq. (Article 1.5), to the extent each is applicable. This Contract hereby incorporates those provisions as through fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Section 20104 et seq. (if applicable), and must then adhere to Section 20104, et seq. and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein.
SECTION 4 - CONTROL OF MATERIALS
4-1 GENERAL.
The following paragraphs shall be added following paragraph three:
Used or secondhand materials, parts, and equipment may be used only if permitted by the specifications.
The Contractor shall guarantee the entire work constructed by him under the contract to be free of defects in materials and workmanship for a period of one year following the date of acceptance of the work by the Board. The Contractor shall agree to make, at his own expense, any repairs or replacements made necessary by defects in materials or workmanship, which become evident within the warranty period. The Contractor shall further agree to indemnify and save harmless the City and Engineer, and their officers, agents and employees, against and from all claims and liability arising from damage and injury due to said defects. The Contractor shall make all repairs and replacements promptly upon receipt of written order from the Engineer. If the contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost of the work.
The guarantee and conditions specified above shall be secured by a surety bond, which shall be delivered by the Contractor to the City prior to the date on which final payment is made to the Contractor. Said bond shall be in an approved form and executed by a surety company or companies satisfactory to the City, in the amount of ten percent (10%) of the final construction cost, or $1,000.00, whichever is greater. Said bond shall remain in force for the duration of the warranty period specified. 4-3 INSPECTION.
4-3.1 GENERAL.
The text of Subsection 4-3.1 "General," shall be deleted and replaced with the following:
Materials to be used in the work will be subject to inspection and tests by the Engineer or his designated representative. The Contractor shall furnish without charge such samples as may be required. The Contractor shall furnish the Engineer a list of his sources of materials and the locations at which such materials will be available for inspection. The list shall be furnished to the Engineer in sufficient time to permit inspecting and testing of their use. The Engineer may inspect, sample or test materials
29 at the source of supply or other locations, but such inspection, sampling or testing will not be undertaken until the Engineer is assured by the Contractor of the cooperation and assistance of both the Contractor and the supplier of the material. The Contractor shall assure that the Engineer or his authorized representative has free access at all times to the material to be inspected, sampled or tested. It is understood that such inspections and tests, if made at any point other than the point of incorporation in the work, in no way shall be considered as a guarantee of acceptance of such material nor of continued acceptance of material presumed to be similar to that upon which inspections and tests have been made, and that inspection and testing performed by the City shall not relieve the Contractor or his suppliers of responsibility for quality control.
Manufacturers' warranties, guarantees, instruction sheets and parts lists, which are furnished with certain articles of materials incorporated in the work, shall be delivered to the Engineer before acceptance of the contracts.
The Engineer may inspect the production of material, or the manufacture of products at the source of supply. Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producers. The Engineer or his authorized representative shall have free entry at all times to such parts of the plant as concerns the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. The City assumes no obligation to inspect materials at the source of supply. 4-4 TESTING.
The first paragraph shall be deleted and replaced with the following paragraphs:
Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer.
Except as elsewhere specified, the City will bear the cost of testing material and/or workmanship, which meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor.
The Contractor shall at his expense furnish the City, in triplicate, certified copies of all required factory and mill test reports. Any materials shipped by the Contractor from a factory or mill prior to having satisfactorily passed such testing and inspection by a representative of the City shall not be incorporated in the work, unless the Engineer shall have notified the Contractor, in writing, that such testing and inspection will not be required.
4-5 CERTIFICATE OF COMPLIANCE.
Add the following paragraphs at the end of the subsection:
A Certificate of Compliance shall be furnished prior to the use of any materials for which these specifications or the special provisions require that such a certificate be furnished.
In addition, when so authorized in these specifications or in the special provisions the Engineer may permit the use of certain materials or assemblies prior to sampling and
30 testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the specifications. A Certificate of Compliance shall not relieve the Contractor or responsibility for incorporating material in the work which conforms to the requirements of the plans and specifications, and any such material not conforming to such requirements will be subject to rejection whether in place or not.
The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.
The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer.
SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-1 LAWS AND REGULATIONS
The following paragraphs shall be added after paragraph one:
If a discrepancy or inconsistency is discovered in the Plans, Drawings, Specifications or Contract for the work in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Engineer in writing.
Per City Municipal Code Section 8.17.050/8.19.051, if the Contractor finds it necessary to make use of a refuse hauling service, only the City Franchised Hauler shall be used.
Contact Burrtec Waste Industries at (909) 987-3717.
5-3 LABOR
5-3.2 PREVAILING WAGES.
The following paragraphs shall be added following paragraph one:
The Contractor, and all subcontractors, suppliers and vendors, shall comply with all City, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of progress payments.
The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers.
Particular attention is called to the Labor Code of California, Part 7, Chapter I, Article 2, "Wages," Article 3, "Working Hours." Attention is also directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him.
The entire text of the subsection is deleted and replaced with the following:
5-3.3 PAYROLL RECORDS.
31 The Contractor and each of his subcontractors shall prepare payrolls on forms prescribed and in accordance with instructions furnished by the City. Within seven (7) days after the regular payment date of the payroll, the Contractor shall deliver to the City a certified and legible copy of each payroll. Such payroll shall be sworn to in accordance with the federal regulations made pursuant to the "Kick Back Statute." Such copies of payrolls shall be accompanied by substantial proof that all bills for services rendered and materials supplied have been duly paid for. The Contractor shall not carry on his payroll any person not employed by him. Employees of a subcontractor must be carried on the rolls of the employing subcontractor.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. For all new projects awarded on or after April 1, 2015, the contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner. The requirement to furnish electronic certified payroll records to the Labor Commissioner will apply to all public works projects, whether new or ongoing, beginning January 1, 2016.
Each Contractor or Subcontractor shall preserve his weekly payroll records for a period of three (3) years from the date of the acceptance of the work by the Board. The payroll records shall set out accurately and completely the name, address, social security number, occupational classification, and hourly wage rate of each employee, hours worked by him during the payroll period, and full weekly wages earned by him, any deductions made from such weekly wages, and the actual weekly wages paid to him.
Such payroll records shall be made available at all times for inspection by the City or its authorized representatives.
The Contractor agrees that, in case of underpayment of wages to any worker on the project under this contract by the Contractor or any subcontractor, the City shall withhold from the Contractor out of payments due, an amount sufficient to pay such worker the difference between the wages required to be paid under this contract and the wages actually paid such worker for the total number of hours worked and that the City may disburse such amount so withheld by it for and on account of the Contractor to the employee to whom such amount is due. The Contractor further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the City pursuant to other provisions of this contract.
The following subsection shall be added:
5-3.6 JOB SITE NOTICE.
Pursuant to the Labor Code, Division 2, Part 7, Chapter 1, Section 1771.4(a)(2), the prime contractor shall post job site notices, as prescribed by regulation. 5-4 INSURANCE
The text of this entire subsection, except the last paragraph under subsection 5-4.1 and entire subsection 5-4.3 (Workers’ Compensation Insurance), shall be deleted and replaced with the following in accordance to the City's "Contract Agreement":
The Contractor shall not commence work under this contract until he has obtained all
32 insurance required hereunder in a company or companies acceptable to the City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance:
a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract.
In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." b. The policy of insurance provided for in subparagraph a. shall contain an endorsement which:
(1) Waives all right of subrogation against all persons and entities specified in subparagraph 7-3 d.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph c. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; (2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail.
c. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage:
(1) Public Liability - Bodily Injury (not auto) ………………………..$2,000,000 each person; $2,000,000 each accident.
(2) Public Liability - Property Damage (not auto) ………………….$1,000,000 each accident; $2,000,000 aggregate.
(3) Contractor's Protective - Bodily Injury …………………………..$1,000,000 each person; $2,000,000 each accident.
(4) Contractor's Protective - Property Damage ……………………$1,000,000 each accident; $2,000,000 aggregate.
(5) Automobile - Bodily Injury ………………………………………..$2,000,000
33 each person; $3,000,000 each accident.
(6) Automobile - Property Damage ………………………………….$2,000,000 each accident.
d. Each such policy of insurance provided for in paragraph c. shall:
(1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. The insurance company shall have a policy holder rating of A or higher and a Financial Class VII or higher established by A.M. Best Company Rating Guide;
(2) Name as additional insured the City of Rancho Cucamonga, its elected officials, officers, agents and employees, and any other parties specified in the specification documents to be so included:
(3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insureds shall be called upon to cover a loss under said policy;
(4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter."
(5) Otherwise be in form satisfactory to City.
e. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and c. hereof, or present a certificate of the insurance company showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5-7 SAFETY
5-7.2 SAFETY ORDERS.
5-7.2.3 PAYMENT.
The entire text of the subsection is deleted and replaced with the following:
Payment for performing all work necessary to provide safety measures or compliance with the provisions of the safety orders and all other laws, ordinances, and regulations shall be included in the various proposal items, except where separate items for excavation safety are provided or required by law.
The following subsections shall be added:
5-7.9 ACCESS
34 5-7.9.1 GENERAL.
The Contractor shall notify the occupants of all affected properties at least seventy-two hours prior to any temporary obstruction of access. Vehicular access to property line shall be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer.
At least one twelve foot wide traffic lane shall be provided for each direction of travel on all streets at all times except as permitted by the Engineer. The traffic lanes shall be maintained on pavement, and shall remain unobstructed.
Clearances from traffic lanes shall be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction. 5-7.10 WORK AREA TRAFFIC CONTROL
5-7.10.1 GENERAL.
The Contractor shall prepare a permit application for street closure and shall attach two copies of the proposed traffic control signing, barricading and/or detour routing. The permit application and accompanying attachments shall be reviewed by the City Traffic Engineer. Upon the Traffic Engineer's approval, a no-fee Street Closure Permit shall be issued. No Street Closure, Lane Closure, Detour or other work requiring traffic control shall commence prior to issuance of said permit.
The Contractor shall provide and install barricades, delineators, warning devices and construction signs in accordance with the current California Joint Utility Traffic Control Manual (CJUTCM) published by the California Inter- Utility Coordinating Committee, the Work Area Traffic Control Handbook (WATCH) and the current Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones unless otherwise approved by the Engineer. During adverse weather or unusual traffic or working conditions additional traffic devices shall be placed as directed by the Engineer.
Should the Contractor fail to furnish a sufficient number of traffic and/or pedestrian safety devices, the City will place such necessary items and the Contractor shall be liable to the City for providing such devices in accordance with the following provisions:
1. Rental Rates
A. Type I or II Barricades - $5.00 per barricade for the first day or any part thereof and $2.00 per barricade per day for each day thereafter or any part thereof.
B. Type III Barricades - $15.00 per barricade for the first day or any part thereof and $5.00 per barricade per day for each day thereafter or any part thereof.
C. Flashers - $5.00 per flasher for the first day or any part thereof and $2.00 per flasher per day for each day thereafter or any part thereof.
D. Construction Signs - $5.00 per construction sign for the first day or any part thereof and $2.00 per construction sign per day for each day thereafter or any part thereof.
35 E. Cones - $1.00 per cone for each day or any part thereof.
2. Replacement Charges
A. Type I or II Barricades - $20.00 per Type I or II barricade that is lost or damaged.
B. Type III Barricades - $100.00 per Type III barricade that is lost or damaged.
C. Flasher - $15.00 per flasher that is lost or damaged.
D. Signs - $30.00 per sign that is lost or damaged.
E. Cones - $5.00 per cone that is lost or damaged.
3. Service Charges
A. Service trips between the hours of 7:00 A.M. and 3:00 P.M. - $30.00 per hour, two hour minimum each service trip.
B. Service trips between the hours of 3:00 P.M. and 7:00 A.M., or any time on Saturday, Sunday, or a City Holiday - $35.00 per hour, two hour minimum each service trip.
Judgment as to adequate or sufficient barricading shall be that which is adequate or sufficient in the opinion of the Engineer.
The Contractor shall relocate, preserve and maintain the visibility of all existing signs within the project limits which affect the flow of traffic, as directed by the Engineer. Any signs which are damaged or found to be missing during the course of construction shall be replaced by the Contractor at his expense as directed by the Engineer. All other signs that interfere with the course of work and are not necessary for the safe flow of traffic will be removed and replaced by the City. Traffic control signs include Stop Signs, Speed Limit, Parking Restriction and other regulatory signs.
The Contractor shall not close any street within the City of Rancho Cucamonga without first obtaining the approval of the Engineer. Lane closures on four lane streets shall be restricted to between the hours of 8:30 AM and 4:00 PM.
5-7.10.2 PAYMENT.
Payment for preparing and performing all work necessary to provide work area traffic control or compliance with the provisions of the public safety and all other laws, ordinances, and regulations shall be included in the various bid items except where separate bid items for traffic control are provided or required by law.
The following subsection shall be added:
5-7.11 PROTECTION OF PUBLIC.
Whenever the construction occurs within a developed residential area and/or through a school site, the Contractor shall take all necessary precautions to protect the public, especially children, from the hazards of open excavations. Trenches shall either be
36 covered or adequately fenced at night and on weekends or whenever operations are not in actual process.
Unusual conditions may arise on the project, which will require that immediate and unusual provision be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the progression of the work. It is part of the service required of the Contractor to make such provisions and to furnish such protection.
The Contractor shall use such foresight and shall take such steps and precautions as his operations make necessary to protect the public from danger or damage, or loss of life or property, which would result from the interruption or contamination of public water supply, irrigation or other public service or from the failure of partly completed work.
Whenever, in the opinion of the City, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property or if immediate action shall be considered necessary in order to protect public or private personnel or property interest, or prevent likely loss of human life or damage on account of the operations under the contract, then and in that event the City may provide suitable protection to said interest by causing such work to be done and material to be furnished, as, in the opinion of the City may seem reasonable and necessary.
The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor, and if he shall not pay said cost and expense upon presentation of the bills therefore, duly certified by the Engineer, then said costs and expense will be paid by the City and shall thereafter be deducted from any amounts due, or which may become due said Contractor. Failure of the City, however, to take such precautionary measure, shall not relieve the Contractor of his full responsibility for public safety.
The following subsection shall be added:
5-7.12 STORAGE OF EQUIPMENT AND MATERIALS IN PUBLIC STREETS.
Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at their expense unless authorized additional storage time.
Construction equipment shall not be stored at the work site before its actual use on the work or for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer.
Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site.
The storage of materials is not permitted under bridges unless authorized. Authorization for material storage, temporary or permanent, is dependent upon adhering to setback
37 limits and the fire hazard created by the material and associated risk to the integrity of the bridge.
When authorized, materials stored under bridges must adhere to the following requirements:
• Comply with all current applicable policies, laws, and regulations for the material being stored, including but not limited to:
o 23 Code of Federal Regulations (CFR) 710.405
o Title 8 Regulations
o Stormwater permits
• Appropriate measures must be taken to prevent unauthorized access to storageareas.
• Maintain a minimum setback of 10 feet from the perimeter of any above ground column footing or pile cap.
• Maintain a minimum setback of 20 feet from the face of any bridge column.
• Maintain space to maneuver manlift vehicles under all bridge spans, hinges, and bent caps. Generally, access must be 12 feet wide and extend from a public street to the bridge member. • Maintain vertical clearance of at least 6 feet, measured from the lowest bridge member across the width of the bridge and the top of any storage material.
• Drainage systems must not be obstructed. Maintain a minimum clearance of 3 feet from all drain outlets near the base of columns.
The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City.
The following subsection shall be added:
SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
6-1.1 CONSTRUCTION SCHEDULE
Add the following paragraphs at the end of this subsection:
Prior to the commencement of construction, arrangements will be made by the City for a meeting between the Contractor, the Engineer, Utility Representatives, designers and others as may be involved with the project. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review utility conflicts, review scheduling, discuss construction methods and clarify inspection procedures, etc.
The Contractor shall submit at this meeting, for approval by the Engineer, the proposed construction schedule.
The Contractor shall submit Progress Reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from
38 the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports.
A two-week look ahead schedule must be submitted throughout the construction duration. Any changes in the baseline schedule shall be reflected on the two-week lookahead and discussed with the City.
6-3 TIME OF COMPLETION
The following subsection shall be added:
6-3.3 Working Day.
The Contractor's working day activities shall be limited to the hours between 7:00 A.M. and 4:00 P.M., Monday through Friday, excluding recognized City holidays and any City holiday closure period. See Appendix 1 “City Working Day Calendar”. The working day shall encompass 8 hours from start to finish, including clean-up and securing the work site. Deviation from normal working hours will not be allowed without prior consent of the Engineer. Work near schools or located on major arterials may be subjected to additional working hour provisions.
In the event work is allowed by the Engineer outside of the normal working hours, at the request of and for the benefit of the Contractor, inspection service fees may be levied against the Contractor at the current rate per hour, plus time and one-half and 15% administration fee, including travel time where applicable, with a minimum hourly charge for four (4) hours.
The above charge may also be levied if inspection services are deemed necessary by the Engineer as a matter of public safety or to otherwise insure the quality of the work. 6-6 SUSPENSION OF THE WORK
6-6.1 GENERAL.
Add the following paragraph following paragraph one:
In the event a suspension of work is ordered because of failure on the part of the Contractor to carry out orders given or to perform any provisions of the work, such suspension of work shall not relieve the Contractor of his responsibility to complete the work within the time limit set forth herein and shall not be considered cause for extension of the time for completion, and further, such suspension of work shall not entitle the Contractor to any additional compensation.
6-9 LIQUIDATED DAMAGES
The last sentence of paragraph one shall be deleted and replaced with the following:
For each consecutive calendar day in excess of the time specified in Item 3 of the Contract Agreement, as adjusted in accordance with Subsection 6-4, for completion of the Work, the Contractor shall pay to the Agency, or have withheld from monies due it,
39 the sum of $3,600 unless otherwise provided in the Specifications.
The last paragraph shall be deleted and replaced with the following:
Execution of the Contract shall constitute agreement by the Agency and the Contractor that $3,600 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty and may be deducted from payments due the Contractor if such delay occurs.
The following paragraph shall be added at the end of the subsection:
The Engineer will set forth in writing the date of Substantial Completion of the work and this will be the date which liquidated damages will be computed.
40 SECTION 7 – MEASUREMENT AND PAYMENT
7-3 PAYMENT
7-3.1 GENERAL.
The following paragraphs shall be added at the end of the subsection:
Whenever the Contractor is required to perform work or furnish equipment, labor, tools and materials of any class for which no price is fixed in the Proposal, it shall be understood that such work, equipment, labor, tools and material shall be provided without extra charge, allowance, or direct payment of any kind. The cost of performing such work or furnishing such equipment, labor, tools and materials shall be included in the unit prices in the proposal and no additional compensation will be made, therefore.
If any portion of the work done or materials furnished under the Contract shall prove defective or not in accordance with the specifications and contract drawings, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain the work instead of requiring it to be removed and reconstructed, but he shall make such deductions therefor in the payment due the Contractor as may be just and reasonable. 7-3.2 PARTIAL AND FINAL PAYMENT.
Paragraph two shall be deleted and replaced with the following paragraph:
On the workday following the designated closure date for preparation of progress estimates, the Contractor shall submit to the Engineer a written progress estimate based on the Contract Unit Prices or as provided for in Subsection 7-2 of the work that has been satisfactorily completed. The Engineer will review the estimate and approve it or notify the Contractor of any exceptions. The Engineer will determine and prepare the partial and final payments. If the Contractor fails to submit a written progress estimate, the Engineer will determine the quantity of work performed. No such progress estimate will be required, nor payment will be made when the total number of working days is twentyfive (25) or less or when the value of the work totals less than five hundred dollars ($500.00). Progress payment will, when properly completed as specified, be paid within 30 calendar days of submittal, and it is understood that any delay in the preparation, approval and payment of these demands will not constitute a breach of contract on the City.
7-3.3 DELIVERED MATERIALS.
The text of this subsection shall be deleted and replaced with the following:
Materials and equipment delivered but not incorporated into the work will not be included in the estimate for progress payment.
7-3.4 MOBILIZATION
The text of this subsection shall be deleted and replaced with the following:
Mobilization shall consist of all necessary work including but not limited to those necessary for the movement of personnel, equipment, supplies, securing all
41 permits/approvals and licenses, paying all fess, preparatory work and operations, and incidentals to the project site; for the establishment of all offices, building and other facilities necessary for the work on this project; and for all other work operations which must be performed or cost incurred without other pay items on the various contract items on the project site.
Re-mobilizations from street to street and as needed in all other circumstances by the Contractor’s operations, work sequencing, revised work sequencing, scheduling, revised schedules and for all work shall be included in various other pay items. No separate payment or change orders will be allowed for any re-mobilizations related to additive work shall be included in the additive work pay items.
Mobilization and Demobilization as necessary by the scope of work shall also include all costs required by the contract and included in the proposal item. When no such item is provided, payment for such costs will be considered to be included in the other items of work.
7-3.5 CONTRACT UNIT PRICES.
7-3.5.1 GENERAL.
Add "Major Bid" between "an" and "item" in the first line of the third paragraph:
The last sentence of the third paragraph shall be deleted and replaced with the following:
Adjustments in excess of 25 percent may be done by extension of Contract Unit Prices as described above, or pursuant to 7-3.5.2 or 7-3.5.3 as appropriate. 7-3.5.2 INCREASES OF MORE THAN 25 PERCENT.
Add "Major Bid" between "an" and "item" in the first line of the first paragraph. 7-3.5.3 DECREASES OF MORE THAN 25 PERCENT.
Add "Major Bid" between "an" and "item" in the first line of the first paragraph. 7-3.7 AGREED PRICES.
Add the following before the first sentence of the first paragraph:
Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per 3-5, established by mutual agreement between the Contractor and the Agency. 7-4 PAYMENT FOR EXTRA WORK
7-4.3 MARKUP.
The entire text of the Subsection 7-4.3 shall be deleted and replaced with the following:
(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor...................................................... 10
42 2) Materials ................................................ 05 3) Equipment Rental................................... 05 4) Other Items and Expenditures................ 05
To the sum of the costs and markups provided for in this subsection, 1 percent shall be added as compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 7-4.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 5 percent of the subcontracted portion of the extra work may be added by the Contractor.
SECTION 8 – FACILITIES FOR AGENCY PERSONNEL
The provisions of this section shall be deleted and replaced with the following:
Field offices for City personnel are not required; however, City personnel shall have the right to enter upon the project at all times and shall be admitted to the offices and sanitary facilities provided by the Contractor for use by his own personnel.
PART 3
CONSTRUCTION METHODS
SECTION 300 – REMOVALS AND EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.1 GENERAL
The following paragraph shall be added at the end of the section:
Clearing and grubbing limits shall extend to any areas of work outside the right-of-way that are shown on the plans.
300-1.4 PAYMENT.
The following paragraph shall be added after the first paragraph:
When the removal and disposal of materials are listed separately in the bid, payment for removal and disposal of said materials shall be made at the contract Unit Price as shown and shall not be included in the Lump Sum Price or the Price Per Acre bid for clearing and grubbing. Payment shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in said removal and disposal.
300-2 UNCLASSIFIED EXCAVATION
300-2.7 SELECTED MATERIAL.
Replace this subsection with the following:
Selected materials encountered in excavations within the project limits that meet the specifications for base material, trench bedding or backfill, topsoil or other specified materials shall be used as shown on the Plans, in the Specifications, or as directed by the Engineer. Topsoil excavated may be considered only for the purpose of backfilling areas to be planted.
300-2.9 PAYMENT.
Replace the first sentence with the following:
The quantity shown in the Bid Schedule for UNCLASSIFIED EXCAVATION shall be the final quantity for which payment will be made, as provided in the “Instruction to Bidders”, Item I, of the specifications. The designation (F) following the Bid Item in the schedule of Unit Cost and Lump Sum Amounts indicates said final pay quantity and/or costs. 300-3 STRUCTURE EXCAVATION AND BACKFILL
300-3.1 GENERAL.
Add the following paragraph to the end of this subsection:
When it becomes necessary to excavate beyond the normal lines of excavation in order to remove boulders, broken concrete, or other interfering objects, or in order to form sidewalls, all voids created by the removal shall be backfilled and compacted to a minimum of ninety percent (90%) relative compaction.
300-3.3 FOUNDATION MATERIAL TREATMENT.
Add the following paragraph to the end of this subsection:
When footings without pile foundations for retaining walls or bridges are to be constructed upon an embankment fill, a relative compaction of not less than 95 percent shall be obtained for the embankment under the footings within the limits established by inclined planes sloping 1.5:1 out and down from lines one foot outside the bottom edges of the footing.
300-3.5 STRUCTURE BACKFILL
Add the following to the second paragraph.
Compaction equipment or methods which may cause excessive displacement or may damage structures, such as sleeve tampers, shall not be used. 300-4 UNCLASSIFIED FILL
300-4.1 GENERAL.
Add the following at the end of paragraph two:
. . . or in areas to be landscaped.
300-4.10 PAYMENT.
Delete the first sentence of the first paragraph and replace with the following:
The quantity shown in the Proposal for UNCLASSIFIED FILL shall be the final quantity for which payment will be made, as provided in the “Instruction to Bidders”, Item I, of the specifications. The designation (F) following the Bid Item in the Schedule of Unit Cost and Lump Sum Amounts indicates said final pay quantity and/or costs.
PART 4
EXISTING IMPROVEMENTS
SECTION 400 – PROTECTION AND RESTORATION
400-1 GENERAL
The second paragraph is deleted and replaced with the following paragraphs:
The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, irrigation systems, signs, utility installations, pavements, structures, landscaping etc.) which are damaged or removed as a result of his operations or as required by the Plans and Specifications. Damaged or removed traffic signal detector loops and or irrigation systems shall be replaced or repaired and returned to service within 72 hours except as directed by the Engineer.
Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements.
Relocations, repairs, replacements or re-establishments shall be at least equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified.
The following paragraph shall be added following the last paragraph:
All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or re-establishing existing improvements shall be included in the Bid.
PART 9
PROJECT TECHNICAL PROVISIONS
SECTION 900 – PLAYGROUND EQUIPMENT AND SURFACING REMOVAL 900-1 SCOPE
The contractor shall remove and dispose the playground equipment, rubber surfacing and sub-base. The scope of work for the shall include furnishing all materials, labor, tools, equipment, and all incidentals, and for doing all the work involved in removing and properly disposing playground equipment, rubber surfacing and sub-base. 900-2 PAYMENT
The contract lump sum price for the Diesel Tank Removal shall be considered full compensation for obtaining and complying with all necessary permits and proper removal and disposal, including furnishing all labor, materials, tools, equipment, and all incidentals, and for doing all the work involved in removing and properly disposing playground equipment, rubber surfacing and sub-base, and no additional compensation will be allowed.
SECTION 901 – PLAYGROUND EQUIPMENT AND SURFACING INSTALLATION 901-1 SCOPE
The contractor shall furnish and install the playground equipment, rubber surfacing and sub-base specified on plans and equipment list. The scope of work for the installation of the playground equipment and surfacing shall include furnishing all materials, labor, tools, equipment, and all incidentals, and for doing all the work involved in installing playground equipment, rubber surfacing and sub-base as shown on the plans and in the equipment list.
901-2 PAYMENT
The contract lump sum price for furnishing and installing the playground equipment, rubber surfacing and sub-base shall be considered full compensation for obtaining and complying with all necessary permits and installation, including furnishing all labor, materials, tools, equipment, and all incidentals, and for doing all the work involved in the installation of the playground equipment and surfacing shown on the plans and in the equipment list.
APPENDICES
APPENDIX 1 - CITY
WORKING DAYS
CALENDAR
1 2 3 1 2 3 4 5 6 7
1 21 22 23 24 25
4 5 6 7 8 9 10 8 9 10 11 12 13 14
2 3 4 5 6 26 27 28 29 30
11 12 13 14 15 16 17 15 16 17 18 19 20 21
7 8 9 10 11 31 32 33 34
18 19 20 21 22 23 24 22 23 24 25 26 27 28
12 13 14 15 35 36 37 38 39
25 26 27 28 29 30 31
16 17 18 19 20
1 2 3 4 5 6 7 1 2 3 4
40 41 42 43 44 62 63 64
8 9 10 11 12 13 14 5 6 7 8 9 10 11
45 46 47 48 49 65 66 67 68 69
15 16 17 18 19 20 21 12 13 14 15 16 17 18
50 51 52 53 54 70 71 72 73 74
22 23 24 25 26 27 28 19 20 21 22 23 24 25
55 56 57 58 59 75 76 77 78 79
29 30 31 26 27 28 29 30
60 61 80 81 82 83
1 2 1 2 3 4 5 6
84 104 105 106 107 108
3 4 5 6 7 8 9 7 8 9 10 11 12 13
85 86 87 88 89 109 110 111 112 113
10 11 12 13 14 15 16 14 15 16 17 18 19 20
90 91 92 93 94 114 115 116 117 118
17 18 19 20 21 22 23 21 22 23 24 25 26 27
95 96 97 98 99 119 120 121 122 123
24 25 26 27 28 29 30 28 29 30
100 101 102 103 124 125
31 WORKING DAY CALENDAR FOR 2026
JANUARY FEBRUARY
Sun Mon Tue Wed Fri Wed Thu Fri Sat
MARCH APRIL
Holiday
Thu
Holiday
Thu Sun
Sat Sun Mon Tue
Fri
Holiday
Wed Sat Fri Sat
MAY JUNE
Sun Mon Tue Mon Tue Wed Thu
Sun Mon Tue Wed Thu Fri Sat Sun
Holiday
Mon Tue Wed Thu Fri Sat
CITY OF RANCHO CUCAMONGA
WORKING DAY CALENDAR FOR 2026
CITY OF RANCHO CUCAMONGA
1 2 3 4 1
126 127 128
5 6 7 8 9 10 11 2 3 4 5 6 7 8
129 130 131 132 133 149 150 151 152 153
12 13 14 15 16 17 18 9 10 11 12 13 14 15
134 135 136 137 138 154 155 156 157 158
19 20 21 22 23 24 25 16 17 18 19 20 21 22
139 140 141 142 143 159 160 161 162 163
26 27 28 29 30 31 23 24 25 26 27 28 29
144 145 146 147 148 164 165 166 167 168
30 31
169
1 2 3 4 5 1 2 3
169 170 171 172 190 191
6 7 8 9 10 11 12 4 5 6 7 8 9 10
173 174 175 176 192 193 194 195 196
13 14 15 16 17 18 19 11 12 13 14 15 16 17
177 178 179 180 181 197 198 199 200 201
20 21 22 23 24 25 26 18 19 20 21 22 23 24
182 183 184 185 186 202 203 204 205 206
27 28 29 30 25 26 27 28 29 30 31
187 188 189 207 208 209 210 211
1 2 3 4 5 6 7 1 2 3 4 5
212 213 214 215 216 230 231 232 233
8 9 10 11 12 13 14 6 7 8 9 10 11 12
217 218 219 220 234 235 236 237 238
15 16 17 18 19 20 21 13 14 15 16 17 18 19
221 222 223 224 225 239 240 241 242 243
22 23 24 25 26 27 28 20 21 22 23 24 25 26
226 227 228 244 245 246
29 30 27 28 29 30 31
229
JULY
SEPTEMBER
Mon Tue Fri
Sun
Sun
closed
closed closed
Mon Tue Wed Fri Sun
closed
AUGUST
Sun Mon Tue Wed Thu Fri Sat Sun Fri
OCTOBER
Mon Tue Fri
Mon Tue Wed Thu
Mon Tue Wed Thu Fri Sat
Sat
Sat
DECEMBER
Wed Thu Sat Sun Thu
Thu Sat
NOVEMBER
Holiday
Holiday
Holiday Holiday
Holiday
Holiday
Holiday
Wed
APPENDIX 2 –
LANDSCAPE
STRUCTURES PROPOSAL
Customer Information
CONTACT:
PHONE
EMAIL: F.O.B.
FREIGHT
SHIP TO:
Maintenance
Kit/Info ? TERMS (Subject To Credit Approval By LSI)
BILL TO: SHIPPING TIME
We are pleased to submit this proposal to supply the following items:
QTY ITEM NO.
1 PKG26-12 $ 14,465.23
1 PKG26-20 $ 48,353.10
1 Discount $ (3,769.10)
1 Labor $ 10,675.83
1 Labor $ 66,192.39
1 Labor $ 50,203.89
1 Labor $ 210,069.70
1 Labor $ 5,375.00
1 Bond $ 12,322.18
1 INS $ 5,000.00
Total Weight 1,958 lbs
ORDER ONLY UPON APPROVAL BY LANDSCAPE STRUCTURES, INC. CUSTOMER SUBTOTAL MATERIAL $ 59,049.23 RECEIPT OF AN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH APPROVAL. BONDS & INSURANCE $ 17,322.18 INSTALLATION $ 342,516.81
ACCEPTED BY CUSTOMER DATE
FREIGHT $ 4,600.00
PRINT NAME
7/1/2026 SALES TAX $ 4,576.32
PROPOSED BY LSI REPRESENTATIVE DATE
TOTAL $428,064.54
PRINT NAME
Taxable: Freight Installation
SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE Taylor Smith
Taylor Smith, Coast Recreation
Safety Surfacing Impact Test & Report (both play areas and 4 fitness areas) Performance & Payment Bond
Contractor's Protective Insurance
Standard Terms and Conditions for Installation Apply
Mobility & Security Fencing
Demo & Remove PIP surfacing & 6" of sand. Install 1,552 SF recycled road base Demo & Remove existing fitness equipment. Install LSI Replacement Parts and Fitness per drawing #1208347-01-01
Provide & Install 8,850 SF of 3.5” UNIFORM thickness of SpectraPour safety surfacing. *Wear layer to be 60% Standard Color / 40% Black mixed with standard aromatic resin.
Provide simple wave graphic design at 2-5 Area and 5-12 Area- final graphics TBD.
No graphics or color patterns at Fitness Areas.
Standard Colors include: Standard Red (Terracotta), Standard Green, Standard Blue, Sky Blue, Medium Gray, and Beige. **All other colors may be subject to additional costs** Project Name: Victoria Arbors Fitness & Surfacing Replacement
DESCRIPTION EXTENDED AMT
Park & Playground Package: Replacement Parts - including (2) 8" Transfer Steps, Loop Arch, Cliff Climber and Chimney Climber
Park & Playground Package per Fitness Design #1208347-01-01 Sourcewell Discount 6%
8794 Lion St. Net 30 days upon credit approv., deposit may be required Rancho Cucamonga CA 91730
4 to 6 Weeks
City of Rancho Cucamonga
10500 Civic Center Drive Pricing Good for 60 days from Date of Proposal Rancho Cucamonga CA 91730 Daniel Akers
(909) 774-4137 Destination
[email protected]
City of Rancho Cucamonga
PROPOSAL
Sourcewell Contract No. 101625-LSI
Prepaid Collect
ALL PURCHASE ORDERS, CONTRACTS, AND
CHECKS TO BE MADE OUT TO:
LANDSCAPE STRUCTURES, INC.
601 7TH STREET SOUTH
DELANO, MN 55328 U.S.A.
763-972-3391 800-328-0035
Fax: 763-972-3185
APPENDIX 3 -
EQUIPMENT LIST
ProShield®
Colors
For posts/arches, components and clamps, ProShield® finish combines a specially formulated primer with a highquality, architectural-grade powdercoat top layer. The result is enhanced longevity, greater protection against UV rays, prevention from corrosion, and improved product performance. Custom colors are available for an additional charge.
Learn more about our Color Inspirations at playlsi.com/color-inspirations Color Choices
Vivid colors for lively play
888.438.6574 • 763.972.5200 playlsi.com
Permalene® panels with a recycled core are a smart choice for your playground and the environment. Available in the 20 colors shown, the distinctive black core results from combining and recycling colored plastic—waste that would otherwise end up in landfills.
Permalene® Color Panels
Leaf
Limon
Sprout*
Denim
Blue
Pebble*
Seafoam*
Lagoon*
Sky
Peacock
Grass
Green
Pine Green
Paprika*
Orange
Tangerine
Yellow
Honey*
Buttercup
Black
Brown
Acorn
Copper*
Tan
Dune*
Vanilla
White
Slate*
Purple
Plum
Maroon
Berry*
Cranberry Red
Red
Metallic Silver
Cool Silver Matte*
Matte Gray*
Carbon*
Sky
Lagoon
Seafoam
Pebble
Blue
Denim
Grass
Green
Leaf
Sprout
Limon
Slate
Brick
Red
Tangerine
Yellow
Buttercup
Gray
Acorn
Tan
* Indicates matte color
Steel-Reinforced Cables Made of
tightly woven, polyester-wrapped, six-stranded
galvanized-steel cable. These abrasion-resistant,
color-stable cables are extremely durable and
vandal resistant.
Tan Black Red
Tan Black Red
LSI Flexx™ Steel-Reinforced Net
Game-changing material that offers kids with a
range of abilities a variety of play experiences.
Steel-reinforced cable is extremely durable and
vandal resistant. Low-profile connections are
comfortable and easy to grip.
TenderTuff™ Coating For swing
chains, handholds, pipe barriers,
wheels, rings, etc. Insulates against
temperature extremes and provides
a safer grip surface compared to
painted metal.
Tan
Brown Gray
Blue Red
Steel Decks The heaviest, thickest
decks for long‑lasting safety: Flangeformed from 12‑gauge steel with safe, rounded corners. Reinforced with .105"
x 2" ribs welded on cross for superior
strength and a consistently flat surface.
Brown Gray
Polyethylene For slides, tunnels, roofs, etc. The heavy-duty rotationally molded polyethylene material ensures strength and durability while resisting cracking, fading and peeling. *Denim, Seafoam, Leaf, Limon, Slate, Brick, Tangerine, Buttercup, Granite and Acorn are color blends.
©2026 Landscape Structures Inc. Printed in the U.S.A. 755-2760 SkyWays® and CoolToppers® Shade Fabrics
Designed to block up to 97% of UV rays and keep playground temperatures up to 30 degrees cooler.
Birch Cedar Gray Mink Mahogany Walnut
Recycled Plastic Lumber
Looks like wood, but lasts longer and
is easier to clean. 100% recycled highdensity UV-stabilized polyethylene material to prevent warping in direct sun.
Color option for Volo Aire™ only.
Brick Red
Limon
Tangerine Buttercup
Leaf
Tan
Green
Acorn
Denim Blue Lagoon
Gray
Seafoam Sprout
Slate Granite
Limon Sky Tangerine
Polycarbonate Panels Hedra®
product line option. Translucent
panel provides visibility into structure
as well as light and color play.
Purple FR
Cayenne FR
Gun Metal FR
Yellow FR
Denim FR Black FR
Grass FR
Bluebird FR
Cherry Red FR Deep Ochre FR
Natural FR
Rivergum FR
Dune FR
Metallic Silver FR
Pine Green FR Blue FR
Tan FR
Sky Blue FR Lagoon FR
Orange FR
Peacock FR
Lime Zest Azure Blue Raspberry Red Perfect Plum Chili Red Saffron Yellow NEW Acrylic Accents
PlayBooster® product line option.
High-quality, lightweight acrylic has
excellent outdoor stability. Translucent
material provides light and color play.
APPENDIX 4 –
PROJECT DRAWING
AREA 1
AREA 2
AREA 3
AREA 4
APPENDIX 5 –
CONTRACT
AMENDMENT
Amendment
to the
Contract for Parks Playground and Surfacing Replacement Project - Victoria Arbors For adequate consideration, the sufficiency of which is hereby acknowledged, Landscape Structures Inc. (“Contractor”) and City of Rancho Cucamonga, California (“City”) do hereby agree to amend that certain Contract for Parks Playground and Surfacing Replacement Project - Victoria Arbors , as of the date on which it is executed by the City Clerk and the Mayor of the City (“Agreement”), as set forth in this Amendment (“Amendment”). Unless specifically defined in this Amendment, all capitalized terms have the meanings assigned to them in the Agreement. This Amendment is effective as of the date on which the Agreement is effective.
1. The first sentence of Section A(3) of the Agreement is hereby replaced with the following:
The undersigned bidder agrees to complete his portion of the work within 175 working days from the date specified in the Notice to Proceed, it being understood that the Notice to Proceed will not be issued unusual Contractor has received Approved Submittals and necessary permits from the City.
2. Notwithstanding any provision to the contrary, Contractor’s work does not include any ongoing maintenance to the equipment or the project site following completion of Contractor’s work pursuant to the Agreement, and Contractor has no responsibility (other than promptly responding to warranty claims) or liability for maintenance at the property following completion of that work.
3. Notwithstanding any provision to the contrary: (a) Contractor has no obligations to provide a chain link fence or chain link fabric, and (b) City will issue a no-cost permit to Contractor for its work under this Agreement.
4. All other terms and conditions of the Agreement will remain in effect without change.
5. This Amendment may be (a) executed in any number of counterparts, each of which when so executed is considered an original, but all of said counterparts taken together shall constitute one and the same instrument; and (b) executed and delivered by Adobe Sign or any other means of electronically exchanging signatures (e.g., executed copies scanned and exchanged by email).
Any such electronically exchanged signatures shall have the same legal effect as original manual signatures.
DATE: August 19, 2026
TO: Mayor and Members of the City Council
FROM: Elisa C. Cox, City Manager
INITIATED BY: Jennifer Gracia, Deputy City Manager
Michael Parmer, Engagement and Special Programs Director Trina Valdez, Utilities Operations Supervisor
SUBJECT: Consideration to Approve Six Professional Services Agreements for OnCall Services for Electrical Engineering Design and Support for $300,000 per year ($100,000 per firm) and $150,000 per Year ($50,000 per Firm) for Construction Management and Inspection Services for the Rancho Cucamonga Municipal Utility. (CITY)
RECOMMENDATION:
Staff recommend the City Council enter into six (6) professional services agreements with selected firms to provide electrical engineering design and support services for a total of $300,000 per year ($100,000 per firm) and construction management and inspection services for a total of $150,000 per year ($50,000 per firm) on an as-needed basis for five (5) years with an option to renew in two-year increments up to seven (7) years beginning in Fiscal Year 2026-27.
BACKGROUND:
The Rancho Cucamonga Municipal Utility (RCMU) provides electric service to developments within the RCMU service area. As RCMU continues to expand its electric infrastructure, electrical engineering services and design support services are necessary components to accommodate and maintain existing infrastructure, add new equipment and extend the service area. When project construction begins, specialized staff are needed to oversee and manage construction activities and to perform inspections throughout the duration of the projects.
ANALYSIS:
Staff provided a detailed scope of services to the Procurement Department for the purpose of establishing a qualified vendor list for Electrical Engineering Design and Support Services and Construction Management and Inspection Services on an as-needed basis. A formal Request for Statement of Qualifications (SOQ) 25/26-501 was posted and advertised in the City’s electronic bidding system.
There was a total of 1,598 notified vendors, 113 prospective vendors and nine responses were received with vendors having the option of submitting on one or both services. An evaluation panel was formed, and the responses were evaluated and rated in accordance with the criteria identified in the SOQ. The three top ranking firms for each discipline are listed below and were determined to be able to meet the needs of the City based on their qualifications, expertise and services provided.
Electrical Engineering Design and Support
• NV5, Inc.
• TRC Solutions, Inc.
• Engineering Partners, Inc.
Construction Management and Inspection
• NV5, Inc.
• TRC Solutions, Inc.
• Berg & Associates, Inc.
The firms will be utilized as needed and will be selected for services based on project need and availability. Firms selected are not guaranteed work but are available if/as needed for work up to the contracted amount over the course of the contract term and approved annual budget. The agreements are on file with the City Clerk’s Office.
The total annual cost for services for each service will not exceed the budgeted amount listed below:
• Electrical Engineering Design and Support Services: $300,000 per year ($100,000/annually per firm)
• Construction Management and Inspection Services: $150,000 per year ($50,000/annually per firm)
FISCAL IMPACT:
Services for all contracts will be paid on an as-needed basis and will not exceed the budgeted annual expenditure for all contracts. Funds have been included in the Fiscal Year 2026-27 Budget in Account:
Account No. Funding Source Description Amount
F705 CC304 SC2106 Municipal Utility Fund (F705) Contract Services $450,000 COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s vision of promoting and enhancing a safe and healthy community by ensuring the design and construction of high-quality public improvements that promote a world class community.
ATTACHMENTS:
Attachment 1 – CO 2026-146 NV5 Inc
Attachment 2 – CO 2026-147 TRC Solutions Inc
Attachment 3 – CO 2026-142 The Engineering Partners Inc Attachment 4 – CO 2026-144 NV5 Inc
Attachment 5 – CO 2026-143 TRC Solutions Inc
Attachment 6 – CO 2026-145 Berg & Associates Inc
PSA with professional liability insurance (Design) Page 1 Last Revised: 01/11/2018
AGREEMENT FOR
DESIGN PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 1 day of August, 2026, by and between the City of Rancho Cucamonga, a municipal corporation (“City”) and NV5, Inc., a Corporation (“Consultant”).
RECITALS
A. City has heretofore issued its request for proposals to perform the following design professional services: Electrical Engineering Design and Support (“the Project”).
B. Consultant has submitted a proposal to perform the professional services described in Recital “A”, above, necessary to complete the Project.
C. City desires to engage Consultant to complete the Project in the manner set forth and more fully described herein.
D. Consultant represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner.
AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows:
1. Consultant’s Services.
1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Consultant to perform all technical and design professional services described in Recitals “A” and “B” above, including, but not limited to all aspects of electrical engineering design and support, all as more fully set forth in the Consultant’s proposal, dated May 14, 2026 and entitled “Scope of Work”, attached hereto as Exhibit “A”, and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Consultant are set forth in the Scope of Work and are referred to herein as “the Services.” In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control.
1.2 Revisions to Scope of Work. Upon request of the City, the Consultant will promptly meet with City staff to discuss any revisions to the Project desired by the City. Consultant agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a City of Rancho Cucamonga
CONTRACT NUMBER
2026-146
ATTACHMENT 1
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revision or revisions to Consultant’s compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Consultant by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City’s City Manager without amendment.
1.3 Time for Performance. Consultant shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a “Schedule of Performance”, if such Schedule is attached hereto as Exhibit “A”.
1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing the Services.
1.5 Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the City Representative.
2. Term of Agreement. The term of this Agreement shall be five (5) years and shall become effective as of the date of the mutual execution by way of both parties’ signature (the “Effective Date”). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled.
Parties to this Agreement shall have the option to renew in two (2) year increments to a total of seven (7) years, unless sooner terminated as provided in Section 14 herein. Options to renew are contingent upon the City Manager’s approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City.
3. Compensation.
3.1 Compensation. City shall compensate Consultant as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Consultant shall not exceed $700,000 (Seven Hundred Thousand Dollars), including all out of pocket expenses, unless additional compensation is approved by the City Council. City shall not
PSA with professional liability insurance (Design) Page 3 Last Revised: 01/11/2018
withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Consultant be entitled to compensation for services not yet satisfactorily performed.
The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Consultant for any authorized extra services as set forth in Exhibit A.
4. Method of Payment.
4.1 Invoices. Consultant shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California.
4.2 City shall review such invoices and notify Consultant in writing within ten (10) business days of any disputed amounts.
4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3.
4.4 All records, invoices, time cards, cost control sheets and other records maintained by Consultant relating to services hereunder shall be available for review and audit by the City.
5. Representatives.
5.1 City Representative. For the purposes of this Agreement, the contract administrator and City’s representative shall be Trina Valdez, or such other person as designated in writing by the City (“City Representative”). It shall be Consultant’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Consultant shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.
5.2 Consultant Representative. For the purposes of this Agreement, Douglas Taft, COO Power and Utility Group is hereby designated as the principal and representative of Consultant authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Consultant’s Representative”). It is expressly understood that the experience, knowledge, capability and reputation of the Consultant’s Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Consultant’s Representative shall be responsible during the term of this Agreement for directing all activities of Consultant
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and devoting sufficient time to personally supervise the services hereunder. Consultant may not change the Responsible Principal without the prior written approval of City.
6. Consultant’s Personnel.
6.1 All Services shall be performed by Consultant or under Consultant’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City’s Municipal Code.
6.2 Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4.
6.3 Consultant shall be responsible for payment of all employees’ and subcontractors’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
6.4 Consultant shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6.
7. Ownership of Work Product.
7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Consultant in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, “Work Product”), are considered to be “works made for hire” for the benefit of the City. Upon payment being made, and provided Consultant is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Consultant. In the event of the return of any of the Work Product to Consultant or its representative, Consultant shall be responsible for its safe return to City. Under no
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circumstances shall Consultant fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Consultant and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City’s reuse of the Work Product for any purpose other than the Project, shall be at City’s sole risk.
7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Consultant shall be deemed to grant and assign to City, and shall require all of its subcontractors to assign to City, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Consultant shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law.
City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project.
7.3 Title to Intellectual Property. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions.
Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City’s use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes noninfringing. This covenant shall survive the termination of this Agreement.
8. Status as Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant shall pay all required taxes
PSA with professional liability insurance (Design) Page 6 Last Revised: 01/11/2018
on amounts paid to Consultant under this Agreement, and to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement.
Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees.
9. Confidentiality. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Consultant to defend itself from any legal action or claim.
10. Conflict of Interest.
10.1 Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.
10.2 Consultant further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.
10.3 Consultant has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant
PSA with professional liability insurance (Design) Page 7 Last Revised: 01/11/2018
shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in subsection 10.1.
11. Indemnification.
11.1 Design Professional Services. To the fullest extent permitted by law, the Consultant shall, at its sole cost and expense, indemnify, defend, and hold harmless the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 11.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, stop notices, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of the Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for which or whom the Consultant shall bear legal liability) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined in California Civil Code § 2782.8(c). The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement. Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant’s proportionate percentage of fault.
11.2 Other Indemnities. With respect to claims and liabilities which do not arise in connection with the performance of professional services by a “design professional”, as that term is defined in California Civil Code Section 2782.8(c), including, but not limited to, those claims and liabilities normally covered by commercial general and/or automobile liability insurance, and to the maximum extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, stop notices, and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Damages”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual for which or whom Consultant shall bear legal liability) in the performance of this Agreement, except to the extent the Damages arise from the active or sole negligence or willful misconduct of any of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the
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Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs as they are actually incurred in connection with such defense.
Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement.
. 11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
11.4 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant.
11.5 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against Consultant shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.
12. Insurance.
12.1 Liability Insurance. Consultant shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Consultant, and/or its agents, representatives, employees and subcontractors.
12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto). (3) Worker’s Compensation insurance as required by the State of California, and Employer’s Liability Insurance.
(4) Professional Liability insurance in a form approved by the City, having an extended reporting period of not less than
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three (3) years after completion of the Services which shall provide protection against claims of professional
negligence arising out of Consultant’s performance of the Services and otherwise complying with all applicable
provisions of this Section 12. The policy shall be
endorsed to include contractual liability to the extent insurable.
12.3 Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage.
Commercial General Liability Insurance with a general
aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit.
(2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
(3) Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers’
Compensation Insurance in the amount required by law.
(4) Professional Liability: $1,000,000 per claim/aggregate. (5) The Insurance obligations under this agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum insurance requirements shown in this Agreement. Any insurance proceeds in
excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City.
No representation is made that the minimum insurance
requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement.
12.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements.
12.5 Other Insurance Provisions.
(1) The commercial general liability and automobile liability policies are to contain the following provisions on a
separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and
PSA with professional liability insurance (Design) Page 10 Last Revised: 01/11/2018
agents serving as independent contractors in the role of City officials as additional insureds as respects: liability arising out of activities performed by or on behalf of
Consultant; products and completed operations of
Consultant; premises owned, occupied or used by
Consultant; and/or automobiles owned, leased, hired or
borrowed by Consultant. The coverage shall contain no
limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured.
(2) For any claims related to this Agreement, Consultant’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of City or officials. Any insurance or selfinsurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as
independent contractors in the role of City officials shall be excess of Consultant’s insurance and shall not contribute with it.
(3) 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. (4) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first class mail has been given to City (ten (10) days prior written notice for non-payment of premium). Consultant shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance
coverage as specified herein.
(5) Each insurance policy, required by this clause shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials.
(6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated
PSA with professional liability insurance (Design) Page 11 Last Revised: 01/11/2018
A:VII or better according to the most recent A.M. Best Co.
Rating Guide.
(7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided.
(8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits.
(9) Contractor shall provide any and all other required insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement.
12.6 Evidence of coverage.Prior to commencing performance under this Agreement, the Consultant shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf.
All endorsements or policies shall be received and approved by the City before Consultant commences performance. If performance of this Agreement shall extend beyond one year, Consultant shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance.
12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor’s work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any subsubcontractor.
13. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation that City might require. City shall compensate Consultant for any litigation support services in an amount to be agreed upon by the parties.
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14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Consultant. In the event City exercises its right to terminate this Agreement, City shall pay Consultant for any services satisfactorily rendered prior to the effective date of the termination, provided Consultant is not then in breach of this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party.
Consultant may terminate this Agreement for cause upon giving the City ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes.
15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant’s and City’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section.
All notices shall be addressed as follows:
If to City: City of Rancho Cucamonga
Attn: RCMU
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
If to Consultant: Douglas Taft, COO Power and Utility Group NV5, Inc.
15092 Avenue of Science, Suite 200
San Diego, CA 92128
16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
17. Assignment and Subcontracting. Consultant shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Consultant’s
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obligations hereunder without City’s prior written consent. Except as provided herein, any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18 Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Consultant performs the Services. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the Project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
20. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs of experts.
21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court.
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23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement.
24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.
Consultant Name: NV5, Inc.
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By:________________________________
Name Date
_________________________________
Title
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By:________________________________
Name Date
_________________________________
Title
(two signatures required if corporation)
PSA with professional liability insurance (Design) Page 15 Last Revised: 01/11/2018
EXHIBIT A
SCOPE OF SERVICES
CITY OF RANCHO CUCAMONGA
Mr. Chris Beeman
Deputy Director of Electric Utility Services
10500 Civic Center Drive
Rancho Cucamonga, California 91730
PROPOSAL FOR RANCHO CUCAMONGA MUNICIPAL UTILITY
VARIOUS ON-CALL SERVICES - SOQ: 25/26-501
May 14, 2026
Prepared For:
PP26826-0018364.00
15092 Avenue of Science
Suite 200
San Diego, CA 92128
858.385.0500
May 14, 2026
City of Rancho Cucamonga
Mr. Chris Beeman
Deputy Director of Electric Utility Services
10500 Civic Center Drive
Rancho Cucamonga, California 91730
SUBJECT: Request for Statement of Qualifications for Rancho Cucamonga Municipal Utility Various On-Call Services - SOQ: 25/26-501
Dear Mr. Beeman,
NV5, Inc. (NV5) is pleased to present this bid response to City of Rancho Cucamonga (RCMU) for Rancho Cucamonga Municipal Utility Various On-Call Services.
BEYOND ENGINEERING: NV5 has been providing engineering and consulting services for over 75 years to public and private sectors, supporting infrastructure, utility, and building assets and systems through six business verticals: Utility Services; Conformity Assessment; Environmental Health Sciences; Infrastructure Support Services; Buildings & Technology; and Geospatial.
NV5 pairs national technical depth with local delivery. Our San Diego region-based team includes licensed civil and electrical engineers, senior utility coordinators, and qualified applicant designers with direct experience supporting SDG&E, municipal utility, public agency, and campus-related infrastructure projects. This combination allows us to bring both broad technical resources and practical local knowledge to RCMU’s on-call assignments.
We provide engineering and consulting services to meet your power delivery project and maintenance needs. Our integrated team approach combines electrical engineering design, utility applicant design, proactive agency outreach, civil engineering support, and construction-phase coordination to help shorten approval cycles, reduce redesign risk, and keep projects on schedule and within budget.
For the City of Rancho Cucamonga, NV5 will provide a single point of contact supported by proven processes and tools, including utility conflict review, GIS and mapping support, early permit and agency coordination, constructability review, and transparent task authorization, budget tracking, and cost-control procedures. This approach provides RCMU with predictable timelines, fewer change orders, minimal site disruption, and practical, code-compliant solutions that advance project certainty from concept through construction.
CONTACT PERSON & AUTHORIZED INDIVIDUAL: Douglas Taft will serve as the point of contact for this SOQ response and the individual authorized to contractually bind the firm.
CONTACT INFORMATION: Jeffrey Martin, PMP, LSIT
Phone: 313.516.8076 | Email: [email protected]
15092 Avenue of Science, Suite 200,
San Diego, CA 92128
We welcome and appreciate the opportunity to provide our SOQ response to you and look forward to your evaluation of our credentials. Our goal is to have a mutually beneficial relationship that integrates us into your specific processes, standards, and strategies for a long term relationship. We hope to hear from you in the near future.
Sincerely,
NV5
15092 Avenue of Science, Suite 200 | San Diego, CA 92128 | www.NV5.com | 858.385.0500 Jeffrey Martin, PMP, LSIT
Project Manager
Douglas Taft
COO Power and Utility Group
TABLE OF CONTENTS
COVER LETTER....................................................................................................LETTER EXECUTIVE SUMMARY................................................................................................01 FIRM EXPERIENCE/QUALIFICATIONS.........................................................................02 THIRD-PARTY/SUBCONTRACTORS..............................................................................10 STAFF RESUMES AND ORGANIZATION CHART...........................................................11 PROJECT MANAGEMENT APPROACH..........................................................................38 NV5.COM
H. ADDITIONAL INFORMATION
30. PROVIDE ANY ADDITIONAL INFORMATION REQUESTED BY THE AGENCY. ATTACH ADDITIONAL SHEETS AS NEEDED.
Scope
• On‑call electrical engineering services to support the City of Rancho Cucamonga’s plans and other RCMU‑directed
projects. Services delivered as‑needed: short technical reviews to full design (concept → construction).
• Deliverables: plans, exhibits, calculations, specs,
technical memos, Civil 3D/AutoCAD files, cost estimates, and construction support. Includes roadway lighting,
utility coordination, underground facilities, power
distribution, and associated civil infrastructure.
Task Delivery & Technical Approach
• Task kickoffs to confirm objectives, standards, schedule, deliverables, risks, and staffing; focused work plan for each assignment.
• Early review of maps, record drawings, utility data, and site info to identify constraints (utility conflicts, ROW, constructability, agency requirements).
• Practical, constructible designs emphasizing
cost‑effectiveness and reduced field rework. Civil and
electrical coordination for turnkey, buildable solutions.
Project Management
• Dedicated Project Manager as single point of contact; roles defined via a Work Breakdown Structure (WBS).
Phased lifecycle (Initiation → Planning → Design/
Execution → Closeout) with gated reviews and regular
cadences (weekly design reviews, biweekly client
updates, monthly executive summaries).
• Collaboration tools: Teams is used for day‑to‑day
coordination and milestone visibility; SharePoint for
document/version control and cross‑team transparency.
Quality, Cost, Schedule Controls
• Quality Assurance/Quality Control (QA/QC): quality
checks are done by a robust QA/QC policy where
technical leads have a tracked procedure to do a final
cold‑eye review after both self‑review and manager
review. Standardized checklists, review templates, logged records, non‑conformance tracking, and senior technical sign‑offs ensure accuracy and standards compliance.
• Cost Control: Cost control is done via financial software by reporting to designers at the minimum of weekly
and utilizing SharePoint for cross‑team visibility. Weekly cost‑to‑date vs. budget reporting, rolling forecasts,
variance analysis, and a formal change‑control workflow manage budget performance and change orders.
• Schedule Control: Schedule control is set with a Gantt chart, with milestones tracked throughout the project
life cycle process via Teams for visibility for the entire team. Baseline schedules, critical‑path monitoring,
percent‑complete tracking, and recovery actions
maintain milestone adherence.
Performance Monitoring & Reporting
• Performance monitoring includes tracking KPI’s for
schedule and budget, supported by earned‑value metrics
(SPI, CPI), milestone adherence, review cycle times, and open non‑conformances.
• Reporting: concise weekly briefs to the design
team; formal monthly progress reports summarizing
schedule, cost, risk, quality, and actions. All reports and deliverables stored in SharePoint; Teams used for
notifications and meeting artifacts.
Commitment
• NV5 provides responsive, standards‑compliant,
constructible engineering support—combining
experienced technical staff, disciplined QA/QC, and
tool‑enabled visibility to reliably deliver City projects from planning through construction.
City of Rancho Cucamonga Various On-Call Services| PP26826-0018464.00 NV5.COM | 1
EXECUTIVE SUMMARY
City of Rancho Cucamonga Various On-Call Services| PP26826-0018464.00 NV5.COM | 2
FIRM EXPERIENCE/QUALIFICATIONS
SERVICES
Overhead Transmission and
Distribution Engineering
Underground Transmission
and Distribution Design
Electrical Engineering Studies
Underground Civil Engineering
Surveying / Utility / ROW
Substation Engineering
Automation, Protection, and Controls
Renewable Energy
Energy Storage
Structural Engineering
Geotechnical Engineering
Construction Materials Testing
Stormwater Quality
Flood Control and Drainage
Permitting
Community Relations
Construction Management (CM)
and Inspection
Geographic Information Systems (GIS)
Program Management
Transportation Engineering
Water and Wastewater
Engineering
Hydrogeological
Environmental
Land Planning
Project Management
Land Services
BEYOND ENGINEERING
NV5, a California corporation since 1949, has been providing engineering and consulting services for over 75 years to public and private sectors, supporting infrastructure, utility, and building assets and systems through three business verticals: Infrastructure Support Services, Buildings and Technology, and Geospatial.
With offices nationwide and abroad, NV5 helps clients plan, design, build, test, inspect, certify, and operate projects that improve the communities where we live and work. We take pride in helping our clients and shaping our communities through the services we provide.
As engineers, inspectors, program managers, and environmental professionals, NV5 is helping our clients develop and deliver costeffective, sustainable projects. Our combined capabilities bring effective solutions to complex issues.
We provide engineering and consulting services to meet your power delivery project and maintenance needs. Our full-service engineering firm brings a team approach and solutions to every project -- we have the capabilities and resources to complete projects on-time and within budget.
NV5 has 24 offices in the state of California, with our main office being at 15092 Avenue of Science, Suite 200, San Diego, CA 92128.
Nearby offices to Rancho Cucamonga can be found in Riverside, Anaheim, and Irvine.
City of Rancho Cucamonga Various On-Call Services| PP26826-0018464.00 NV5.COM | 3
CNC ENGINEERING
Dev Birla, PE Senior Energy Manager
15625 E. Stafford, Suite 100
City of Industry, CA 91744
626.956.8044
[email protected]
FIRM EXPERIENCE/QUALIFICATIONS
NV5 provided the City of Industry with a wide range of new municipal electric utility and engineering services in support of the City’s Capital Improvement Program (CIP). A key element of the CIP was to streamline and upgrade the city’s electric utility services through the design of an underground electric distribution system.
Services provided by the NV5 dry utilities team included:
• Planning, design, and engineering services for underground electric distribution system. • Private telecommunications substructure system.
• Electric transmission circuit planning and design.
• Substation planning, mapping and records keeping.
• Construction inspection services.
Additional services included:
• Providing cost estimates and feasibility studies.
• Providing city staff functions for new customer coordination and negotiations. • Policy development.
• Establishing emergency call out procedures.
ENGINEERING, DESIGN, AND CONSULTING FOR NEW
MUNICIPAL ELECTRIC UTILITY
CITY OF INDUSTRY | INDUSTRY, CA | 2002 - PRESENT
Dry Utility Due Diligence,
Planning & Technical
Support
Infrastructure & Utilities
Master Planning
Electric Distribution
Planning & Design
Gas Distribution
Planning & Design
Telecommunications
System Planning
SERVICES
*Images Courtesy of City of Industry
Gregg Butsko
Mark Webb
TEAM MEMBERS
City of Rancho Cucamonga Various On-Call Services| PP26826-0018464.00 NV5.COM | 4
CITY OF CORONA, CA
Michael TenEyck, CDWP – Finance and
Administrative Manager
400 S. Vicentia Ave., Suite 320,
Corona, CA 92882
951.736.2234
[email protected]
FIRM EXPERIENCE/QUALIFICATIONS
NV5 provided the City of Corona with a wide range of electric utility engineering, design, and consulting services in support of the City’s Capital Improvement Program (CIP). A key element of the CIP was to streamline and upgrade electric utility services through the design of an underground electric distribution system.
Services provided by the NV5 team included:
• Planning, design, and engineering services for an underground electric distribution system.
• Substation siting.
• Mapping and records keeping.
• Construction inspection services.
Additional services included:
• Providing cost estimates and feasibility studies.
• Assisting city staff with developer negotiations.
• Policy development.
• Tariff development.
ENGINEERING, DESIGN, AND CONSULTING SERVICES
CITY OF CORONA | CORONA, CA | 2002 - PRESENT Dry Utility Due Diligence, Planning & Technical
Support
Infrastructure & Utilities
Master Planning
Electric Distribution
Planning & Design
Gas Distribution
Planning & Design
Telecommunications
System Planning
SERVICES
*Images Courtesy of City of Corona
Gregg Butsko
Mark Webb
TEAM MEMBERS
City of Rancho Cucamonga Various On-Call Services| PP26826-0018464.00 NV5.COM | 5
RANCHO CUCAMONGA MUNICIPAL
UTILITY
Fred Lyn, Deputy Director of Engineering
Services-Utilities
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
909.774.4035
[email protected]
FIRM EXPERIENCE/QUALIFICATIONS
NV5 provided dry utility services on a major project undertaken by the City of Rancho Cucamonga to upgrade and streamline electric utility services provided by a municipal electric utility owned by the City. The electric utility, Rancho Cucamonga Municipal Utility (RCMU), provides electric utility services to 1,100 Rancho Cucamonga residents and businesses within its service area. RCMU owns one (1) 66/12kV electrical substation in the City. Inside the substation are two (2) banked 66-12kV power transformers that serve five (5) 12kV distribution circuits that are routed at various locations within RCMU’s service area.
Services provided by the NV5 dry utilities team include:
• Planning, design, and engineering services for underground electric distribution system. • Electric transmission circuit planning and design.
• Substation planning, mapping and records keeping.
• Construction inspection services.
Additional services include:
• Providing cost estimates and feasibility studies.
• Providing city staff functions for new customer coordination and negotiations. • Policy development.
• Tariff development.
• Establishing emergency call out procedures.
• On-call technical design and coordination services.
ENGINEERING, DESIGN, AND CONSULTING FOR NEW
MUNICIPAL ELECTRIC UTILITY
CITY OF RANCHO CUCAMONGA | RANCHO CUCAMONGA, CA | 2002 - PRESENT Dry Utility Due Diligence,
Planning & Technical
Support
Infrastructure & Utilities
Master Planning
Electric Distribution
Planning & Design
Gas Distribution
Planning & Design
Telecommunications
System Planning
SERVICES
*Images Courtesy of City of Rancho Cucamonga
Gregg Butsko
Mark Webb
TEAM MEMBERS
PARSONS
Matt Brash, Area Manager
525 B Street, Suite 1600,
San Diego, CA 92101
619.515.5160
[email protected]
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FIRM EXPERIENCE/QUALIFICATIONS
A long-range specific plan developed over several years by the City of San Marcos called for the development of a comprehensive 214-acre “downtown” area that the City refers to as the San Marcos Creek District. The complex plan involved several phases before completion.
NV5 was enlisted to provide dry utility services for Phase 1, a $104M project that involved the development of infrastructure to support the overall plan.
Phase 1 consisted of the following elements:
• Widening of Discovery Street to four lanes and a bike lane. • Raised roadway and new bridges over the San Marcos Creek to reduce flooding and enhance safety.
• Additional sidewalks and bike facilities.
• New community park.
• Restoration and preservation of 1.5 miles of creek habitat.
NV5’s dry utilities team did the following: provided site analysis, reviewed franchise utilities, conducted initial meetings with the dry utility companies, created and reviewed with the City of San Marcos a concept utility exhibit to identify the existing utility company-related systems located in the area, and the potential new underground and overhead utility systems planned for the new project, and developed a cost estimate summary report with written findings and recommendations for each utility company (SDG&E, AT&T and Cox Communications).
In addition, NV5 created and finalized the SDG&E Applicant Design for the electric overhead and underground poleline conversion. NV5 provided the coordination and management with each dry utility for the final utility design, agreements, and construction coordination for the scheduling, installation and energizing of the project.
DISCOVERY STREET IMPROVEMENTS & POLELINE
CONVERSION
CITY OF SAN MARCOS | SAN MARCOS, CA | 2012 - 2022
Dry Utility Due Diligence,
Planning & Technical
Support
Infrastructure & Utilities
Master Planning
Electric Distribution
Planning & Design
Gas Distribution
Planning & Design
Telecommunications
System Planning
SERVICES
*Images Courtesy of City of San Marcos
Gregg Butsko
Mark Webb
TEAM MEMBERS
MICHAEL BAKER INTERNATIONAL
Tim Thiele - Area Manager
5050 Avenida Encinas
Carlsbad , CA 92008
858.875.1704
[email protected]
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FIRM EXPERIENCE/QUALIFICATIONS
The City of Encinitas developed this infrastructure project to change the circulation in southern Encinitas throughout Cardiff-by-the-Sea to the benefit of the community. It included the design and construction of a new sidewalk on both sides of Birmingham Drive from Carol View Road to San Elijo Avenue, a distance of approximately 2,500 linear feet.
These improvements also included undergrounding of utilities on Birmingham Drive over the length of the project to improve accessibility for pedestrians and for overall project aesthetics.
NV5’s team was brought on board to provide the required extensive coordination and management with the utilities involved in the Birmingham Drive Widening project improvements: SDG&E, AT&T, and CATV. The services included dry utility due diligence, forward planning, cost estimating, dry utility composite exhibits, and coordination of the final dry utility designs and contracts.
In addition, NV5 provided the SDG&E Applicant Design for the electric and gas project improvements.
BIRMINGHAM DRIVE IMPROVEMENTS & POLELINE
CONVERSION
CITY OF ENCINITAS | ENCINITAS, CA | 2017 - 2020
Dry Utility Due Diligence,
Planning & Technical
Support
Infrastructure & Utilities
Master Planning
Electric Distribution
Planning & Design
Gas Distribution
Planning & Design
Telecommunications
System Planning
SERVICES
*Images Courtesy of City of Encinitas
Gregg Butsko
Mark Webb
TEAM MEMBERS
GENSLER
Nathan Ouren, SWR DM Co-Leader,
Studio Director, Project Director,
Sr. Associate
225 Broadway, Suite 100
San Diego, CA 92101
619.557.2500
[email protected]
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FIRM EXPERIENCE/QUALIFICATIONS
NV5 is part of an elite design-build team selected for a $2.7 billion project to redevelop and expand Terminal 1 at the San Diego International Airport to improve the passengers’ airport experience and meet the airport’s growing demands. The project also involves redesigned roadways, a new parking garage, 11 additional gates, increased airport restaurants and shops, and energy efficiency upgrades. The overall project includes a Fixed Base Operator and the widening of Harbor Drive.
NV5’s role is to provide dry utility planning and design for the Arrive – San Diego Aviation Alliance, which consists of a Turner-Flatiron Joint Venture for construction and Gensler for design. The Terminal 1 Expansion also includes a new parking structure, street improvements to North Harbor Drive, EV Charging Stations, and other off-site mitigation improvements.
Our initial work involved dry utility planning and technical support, site analysis, a concept exhibit, preliminary cost estimation, and the creation of a summary of findings. NV5 also provided coordination with the utilities (SDG&E, Telco, and CATV) for the removal/ relocations and new line extensions. NV5 prepared and created the SDG&E gas and electric Applicant Designs for the removal/relocations and new line extensions to serve the project improvements.
SAN DIEGO INTERNATIONAL AIRPORT - TERMINAL 1
REDEVELOPMENT & EXPANSION
ARRIVE - SAN DIEGO AVIATION ALLIANCE | SAN DIEGO, CA | 2021 - PRESENT Dry Utility Due Diligence,
Planning & Technical
Support
Infrastructure & Utilities
Master Planning
Electric Distribution
Planning & Design
Gas Distribution
Planning & Design
Telecommunications
System Planning
SERVICES
*Images Courtesy of San Diego Aviation Alliance
Gregg Butsko
Mark Webb
TEAM MEMBERS
SAN DIEGO STATE UNIVERSITY
Paul Jackson, Program Manager -
West Campus
5500 Campanile Drive
San Diego, CA 92182
P: 619.594.9650
C: 858.886.6883
[email protected]
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FIRM EXPERIENCE/QUALIFICATIONS
Snapdragon, San Diego’s new sports stadium and home of the San Diego State University Aztecs football team, opened on time and on budget in August 2022 due to the hard work and diligence of the entire design-build team. NV5, which provided dry utilities’ consultant services for electric, natural gas, and telecommunications infrastructure and design, made critical contributions to keep this complex project on schedule. At project start in August 2020, our engineers developed a design that was quickly approved by SDG&E to maintain utility service at the old stadium while the team was building and transitioning into a new stadium at SDSU’s satellite campus in Mission Valley.
As the project progressed, other problems cropped up due to the global Covid-19 pandemic that not only impacted the productivity of the designers and builders but also caused global supply chain problems. One of the most critical areas of concern involved the timing of the installation of equipment required to provide the stadium with permanent power.
By working together, the team found a solution enabling all designs (electric, gas, and telecommunications) to be approved and installed as planned, keeping the project on its critical path schedule. Jim Cleaton, SDSU Director of Construction, thanked the team, saying, “I appreciate your diligence to work through the obstacles to make this happen. Good job!” Snapdragon is a 35,000-seat stadium with the capability to be expandable to 55,000 seats.
It was built to support not only SDSU Aztecs football, but also to support professional soccer, rugby, lacrosse, and special events such as concerts.Snapdragon Stadium, which is one of the most significant projects for the San Diego community in recent years, is the first phase of a 135-acre SDSU Mission Valley Redevelopment project that is transforming the former SDCCU stadium site into a new SDSU satellite campus and community. NV5 is also the dry utilities consultant for phase 2, which is estimated to be a $3.5 billion endeavor.
SNAPDRAGON STADIUM
SAN DIEGO STATE UNIVERSITY - MISSION VALLEY CAMPUS | SAN DIEGO, CA | 2019 - 2022 Electric Distribution Infrastructure Design
Natural Gas Distribution
Infrastructure Design
Telecommunications
System Infrastructure
Design
SERVICES
AWARDS
2023 ENR California Best Project Award
(Sports/Entertainment)
2023 CMAA National Award
(Commercial / Sports / Entertainment /
Hospitality
2023 AGC Build San Diego Award
(Unique Special Project)
2023 LEED Gold Certification
for Sustainable Development
*Photos Courtesy of San Diego State University
Gregg Butsko
Mark Webb
TEAM MEMBERS
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THIRD-PARTY / SUBCONTRACTORS
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ORGANIZATION CHART
The NV5 team has the experience and knowledge of the City of Rancho Cucamonga and brings expertise to support and complete the necessary tasks for this project.
The organization chart, pictured below, illustrates our project team members’ roles and responsibilities.
RESUMES
Resumes demonstrating individual qualifications of the
professionals identified for this project are on the following pages.
STAFF RESUMES AND ORGANIZATION CHART
City of
Rancho Cucamonga
Jeff Martin, PMP, LSIT
PROJECT MANAGER
Leslie Ragan, PE, QSD
Mark Webb, PE
Jon Rowland, PE, LEED AP
Yezid Fuentes
CIVIL ENGINEERING
DESIGN
Robert Richardson
PRINCIPAL-IN-CHARGE
Roxanne Reyes
Candice Holley, PMP
Martin Jaimes
Louis Canonico
UNDERGROUND ENGINEERING
DESIGN
Godefroy Devys, PE
Krista Miguel
Cliff Howell
Nick Weary
Jim Pasquan
OVERHEAD ENGINEERING
DESIGN
*Bold - Team Lead
Luanne Bean, MS, PE
CONSTRUCTION MANAGEMENT
John Oates
CONSTRUCTION INSPECTION
Robert is a seasoned utility design professional with over 20 years of experience in electric powerline construction, engineering, and project management with a proven ability to deliver high-quality, compliant, and cost-effective solutions for overhead and underground transmission and distribution systems. He is known for ethical leadership, strong utility relationships, and a passion for mentoring the next generation of designers and brings a unique three-point perspective to every project-design, engineering, and construction-to ensure constructible, efficient outcomes.
Robert is experienced in Electric Utility Design (OH/UG), PLS-CADD / PLS-POLE / O-Calc Modeling, SDG&E Standards & GO 95/128 Compliance, Project Cost Estimation & Proposal Development, Constructability & QA/QC Review, AutoCAD & iCUE / PMWORKS Proficiency, and Transmission Rebuilds & Distribution Underbuilds. He has lead end-to-end project delivery for new construction, reconductoring, system upgrades, and relocations (OH/UG) in full compliance with regulatory and utility standards as well as designed OH/UG distribution systems for SDG&E territory including new builds, reroutes, and reconductors.
Project Experience
CLEVELAND NATIONAL FOREST MASTER SPECIAL USE PERMIT PROGRAM (MSUP)
SAN DIEGO GAS & ELECTRIC | SAN DIEGO COUNTY, CA
Project Manager and Senior Designer - This multi-year initiative supports SDG&E’s Cleveland National Forest Master Special Use Permit (MSUP) program, aimed at modernizing existing transmission and distribution infrastructure within environmentally sensitive areas. The program involves replacing legacy wood poles with steel structures to improve reliability, wildfire resiliency, and long-term maintainability while minimizing environmental disturbance. The Scope of Work included:
• Provided distribution design services for both transmission underbuild and stand-alone distribution wood-to-steel rebuild projects. • Supported (5) 69 kV circuits as well as (2) 12 kV circuits, ensuring full alignment between transmission and distribution design elements. • Produced complete distribution design packages in coordination with transmission work orders, promoting compatibility across disciplines and seamless integration during construction.
• Collaborated closely with the Cleveland National Forest project team, environmental specialists, and utility engineering groups to ensure compliance with all permitting, environmental, and design requirements. • Delivered construction-ready design documents that balanced system reliability, wildfire hardening, and constructability within constrained terrain and environmental conditions.
ROBERT P. RICHARDSON IV
Principal-in-Charge
EXPERIENCE
21 years (1 with NV5)
REGISTRATIONS
Qualified SDG&E Applicant
Designer – Overhead &
Underground
Shielded Metal Arc Welding
(SMAW) Welding Certificate – 1”
to Unlimited
EDUCATION
AS, Drafting Technology,
Palomar College
AA, General Education,
Palomar College, 1998
Velociteach, PMP Boot Camp,
2012
PLS-CADD & PLS-POLE Training,
2010
Power Lineman Apprenticeship
Program,
California-Nevada Joint
Apprenticeship Training
Committee, 2008
SOFTWARE
PLS-CADD
PLS-POLE
O-Calc
AutoCAD
iCUE
PMWORKS
SolidWorks
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STAFF RESUMES AND ORGANIZATION CHART
Project Experience Continued
DRONE INVESTIGATION, ASSESSMENT & REPAIR PROGRAM
(DIAR) TIER 3
SAN DIEGO GAS & ELECTRIC | SAN DIEGO COUNTY, CA
Project Manager and Senior Design Engineer - This project involved converting an existing open-wire overhead electric distribution system to a new covered conductor system rebuilt on steel poles. In addition to the design for this overhead rebuild, contributed to the development of the construction standards, material testing, and allowable configurations for the new components. The Scope of Work included:
• Developed the initial pilot designs for DIAR Tier 3 facilities, creating engineering solutions based on drone inspection data and wildfire mitigation standards.
• Focused on producing simplified design packages scaled to project complexity, balancing the need for sufficient construction documentation with streamlined engineering for proposed work.
• Delivered construction packages that satisfied safety and compliance requirements while avoiding excessive
engineering scope during the initial design phase.
• After pilot completion, served as Owner’s Engineer by reviewing contractor-submitted designs for accuracy,
compliance with SDG&E standards, and regulatory
requirements.
• Emphasized comprehensive engineering during the Trueup (as-built) phase, ensuring that final documentation accurately reflected field conditions and identified any further remediation needed due to construction deviations or site constraints.
• Worked collaboratively with SDG&E, PMO and program
contractors to establish and achieve a 30-day turnaround goal for critical designs, maintaining aggressive project schedules without compromising safety or compliance.
12 KV, C182 CITRICADO PARKWAY EXTENSION – NEW
UNDERGROUND SYSTEM
SAN DIEGO GAS & ELECTRIC | ESCONDIDO, CA | 2019 - 2021
Senior Project Manager and Design QA/QC - Responsible for coordinating the undergrounding and relocation designs and provided internal QA/QC for accuracy and constructability. This project involved converting an existing overhead electric distribution system to an underground system in conjunction with the City of Escondido’s road improvement plans.
12 KV, C182 CITRICADO PARKWAY EXTENSION – NEW
UNDERGROUND SYSTEM
SAN DIEGO GAS & ELECTRIC | ESCONDIDO, CA | 2019 - 2021
Senior Project Manager and Design QA/QC - Responsible for coordinating the undergrounding and relocation designs and provided internal QA/QC for accuracy and constructability. This project involved converting an existing overhead electric distribution system to an underground system in conjunction with the City of Escondido’s road improvement plans.
12 KV, WOODCREST JAMUL 20B CONVERSION
SAN DIEGO GAS & ELECTRIC | JAMUL, CA | 2019 - 2020
Senior Project Manager and Internal QA/QC Reviewer Responsible for coordinating the undergrounding design. This project involved converting an existing overhead electric distribution system to underground electric to accommodate the customer’s project needs.
12.47 KV, ESH C1215 SUG
SAN DIEGO GAS & ELECTRIC | CRESTWOOD, CA | 2023 - 2024
Internal QA/QC Reviewer - Responsible for performing internal 3rd party review of the underground conversion designs and construction drawings to ensure compliance with SDG&E
design and drafting requirements. The project includes
converting existing overhead electric distribution system to underground electric to meet SDG&E’s undergrounding
initiative in CPUC’s Tier 3 areas.
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STAFF RESUMES AND ORGANIZATION CHART
JEFFREY MARTIN, PMP, LSIT
Project Manager
EXPERIENCE
28 years (6 with NV5)
REGISTRATIONS
Project Management Professional
(PMP) #2644146
Land Surveyor-In-Training,
CA #8105
MARC Training
EDUCATION
BS, Psychology, Mechanical
Engineering, and Computer
Science,
University of Michigan
PRESENTATIONS
“Day of Understanding,” SDG&E
company-wide meeting,
San Diego, CA, 2018
Jeffrey has worked on a wide range of surveying, civil and mechanical engineering projects as a consultant in Southern California and the Midwest.
He has 28 years of engineering experience ranging from mechanical engineering design work, survey data and field work, civil engineering design work and extensive natural gas design. Natural gas design work includes design, analysis, maintenance, repair, and improvement of transmission and distribution gas utility systems, including regulator stations, large residential projects, directional drilling and underwater coverage mitigation efforts.
He has led a survey team in boundary surveys, topographic mapping, construction staking and post-processing efforts. Civil engineering design includes total site layout and design, utilizing cut/fill quantities, hydrology, grading, storm drain and sewer layout and invert elevations and water and reclaimed water layout. Mechanical engineering design included HVAC layouts, reflective ceiling plans, mechanical schedules and details, basic piping layouts, sprinkler systems and heat load calculations for small-scale commercial buildings.
Jeffrey utilizes industry-leading software tools like AutoCAD Civil 3D to provide the highest levels of accuracy and thoroughness for natural gas designs. While working for San Diego Gas & Electric, Jeffrey performed natural gas design work includes design, analysis, maintenance, repair, and improvement of transmission and distribution gas utility systems, including regulator stations, large residential projects, directional drilling and underwater coverage mitigation efforts.
Project Experience
RISK ASSESSMENT AND MITIGATION PHASE PROGRAM (RAMP) 2020 SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Design Manager - Leading the design team for the successful implementation of the Risk Assessment and Mitigation Phase Program for 2020. Led the design efforts including adherence to company standards and design standards.
Produced full drawing sets, job costing and material selection. The RAMP Program is an effort to bring older pipeline features such as oil drips, dresser couplings and valves into compliance.
DISTRIBUTION INTEGRITY MANAGEMENT PLAN (DIMP) – NATIONAL AVENUE SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
SDG&E Project Manager - Large-scale distribution replacement project in Barrio Logan. Tasks included full fielding of residential areas, design, environmental and permitting.
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STAFF RESUMES AND ORGANIZATION CHART
Project Experience Continued
DISTRIBUTION INTEGRITY MANAGEMENT PROGRAM (DIMP)
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Design Supervisor and Project Manager - Engineering design services to design the replacement of over 20,000 linear feet of poly main with services in various locations throughout San Diego County, CA. This includes coordination with permitting and field engineering teams for correct placement of main, along with proposed location of household meter sets in viable locations. This extended to an increase in scope the following year, resulting in 50,000 linear feet of main and over 800 services. As a result of the success of NV5 meeting the client’s timeline, budget and quality standards, we have recently been awarded additional sites for the year with more than 45,000 linear feet of main and over 960 services.
SOUTHERN CALIFORNIA MISC. AS-BUILT PROJECTS
SOUTHERN CALIFORNIA GAS COMPANY/ SAN DIEGO GAS & ELECTRIC | SOUTHERN, CA
Project Manager, Design Manager, and QA/QC - Completion of as-built drawings for various projects throughout the greater Los Angeles and San Diego areas. Project scope included coordinating of in-house survey team, coordination of project deliverables to the client, as well as full as-built drawing set utilizing Southern California Gas standards and incorporating Plant3D design.
LINE 1600 SUPPORT PROGRAM
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Design Manager - Projects supporting SDG&E’s replacement of Line 1600. Provided project management, full design, and completion drawings for the replacement of seven projects in various locations throughout San Diego County.
RISER REPLACEMENT PROGRAM
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Project Manager and Design Supervisor - Engineering design services to evaluate and design the replacement of over 200 stranded steel service risers in various locations throughout San Diego County.
EXCESS FLOW VALVE (EFV) PROGRAM
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Project Manager and Design Supervisor - Addition of
approximately 50 excess flow valves to natural gas services in the San Diego County area.
CATHODIC PROTECTION PROGRAM
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
SDG&E Project Manager - Over 30 cathodic protection
stations in the San Diego County area. Responsible for full fielding of sites, determining cathodic bed location and taking into consideration drill rig setup and electric secondary requirements. Processed permits, provided full design, field and construction coordination and full construction cost responsibilities.
MISCELLANEOUS GAS DISTRIBUTION CONFLICT CHECKS,
AND CONSTRUCTION SUPPORT
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Project Manager - Reviewed plans and designs submitted from municipalities and developers to determine if improvements conflict with SDG&E gas and electric facilities, prompting negations, design changes or relocations.
RIO ESTRELLA HORIZONTAL DIRECTIONAL DRILL
SAN DIEGO GAS & ELECTRIC | BONSALL, CA
Project Manager - Full design and project management of a directional drill under Caltrans right-of-way SR-76 and insertion of distribution polyethylene pipe through a bridge casing.
REGULATOR STATION 1536 & 1537 HANCOCK/SPORTS
ARENA BLVD
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
SDG&E Project Manager - High profile regulator station
removal on Sports Arena Blvd, which had public outreach to the assisted living facility that the easement was located on.
REGULATOR STATION 1541 & 1542 - EAST VALLEY PARKWAY
SAN DIEGO GAS & ELECTRIC | ESCONDIDO, CA
Project Manager - SDG&E renewal project of an aging
regulator station, with multiple above and below ground structures deemed environmentally hazardous adjacent to the child watch building on a community college campus.
UTC – LA JOLLA/UCSD SYSTEM IMPROVEMENT
SAN DIEGO GAS & ELECTRIC | LA JOLLA, CA
Project Manager - Oversaw the conceptual plan, design
and costing and construction of this project to improve the infrastructure for the UTC and UCSD service areas, while maintaining a tight project schedule for the Mid-Coast
Corridor trolley expansion project.
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STAFF RESUMES AND ORGANIZATION CHART
Project Experience Continued
JULIET TRAINING AREA CAMP PENDLETON PIPELINE
COVERAGE MITIGATION
SAN DIEGO GAS & ELECTRIC | CAMP PENDLETON, CA
Project Manager - SDG&E project dealing with an onbase training site involving the analysis of pipe coverage required for high pressure natural gas main in regards
to large all- terrain vehicles with large weight loads in a naturalized wildlife reserve area and following all necessary environmental constraints on a Marine Corps base.
SAN DIEGO BAY LEAKAGE SURVEY
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Project Lead - Project management and assessment of two underwater high-pressure gas lines that traverse the San Diego Bay, connecting the island of Coronado with the
mainland.
YOCHA DEHE WINTUN GAS SYSTEM
YOCHA DEHE WINTUN NATION | BROOKS, CA
Design Supervisor - Engineering design services to evaluate and design a suitable solution to support and serve the future demands for the Cache Creek Casino Resort.
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STAFF RESUMES AND ORGANIZATION CHART
Leslie is a licensed professional civil engineer in California with 30 years of experience & expertise in roadway geometry, stormwater drainage, utility coordination and design, transportation, and traffic engineering. He’s proficient in all aspects of project management, including proposal development, project plan production, interdisciplinary team collaboration, RFP reviews, agency liaison, quality control, and project completion follow through and construction support QA/QC, interdisciplinary team collaboration, and agency liaison.
Leslie is a persistently optimistic leader with a responsive, active-listening management style, and has demonstrated success in providing on-time, inbudget deliverables. He brings the client technical value by optimizing design efficiencies through strategic, cross-platform integrations of ProjectWise, MicroStation, OpenRoads, InRoads, AutoCAD and Civil 3D design tools, as well as virtual team collaboration tools and has published in pedestrian street design, and is an ISI Envision sustainability champion.
Project Experience
NOAA FCORS
NATIONAL OCEANIC AND AIRSPACE ADMINISTRATION | USA
Construction Manager / Senior Civil Engineer - National Oceanic and Airspace Administration (NOAA), foundation for continuous observation and recording station (FCORS), 29 sites across USA. Helped to select the sites, designed the foundation, and managed construction foundations for two sites in Virginia and one site in Maryland. The project is expected to be completed in 2029.
SANDPIPER BATTERY ENERGY STORAGE SYSTEM (BESS)
AREVON | SAN CLEMENTE, CA
Senior Project Manager - Project entails building of a 200MW BESS facility in within the City of San Clemente. Responsible for site-civil design oversight, overall project coordination between sub-disciplines, budgeting, invoicing and scheduling of NV5 work. In addition to direct design oversight of grading, drainage, access and retaining wall design, site included geotechnical, survey, environmental, and structural components.
SYCAMORE DRIVE STREET IMPROVEMENTS
CITY OF SAN MARCOS | SAN MARCOS, CA
Senior Project Manager - Project entailed pavement rehabilitation and overflow parking lot upgrades, including conversion of a gravel parking area to asphalt pavement. Survey and staff engineer oversight, drainage design (SWQMP, SWPPP), Basis of Design documentation, submittals, agency liaison, budget/ scheduling/invoicing, and client care.
LESLIE RAGAN, PE, QSD
Civil Engineering Design Lead
EXPERIENCE
30 years (2 with NV5)
REGISTRATIONS
Registered Professional
Engineer, Civil: CA #89757, OR
#105186PE, WA #24028155
CA-SWRCB SWPPP QSD #89757
EDUCATION
MS, Urban and Regional
Planning,
University of Colorado
BA, Interdisciplinary Major,
Grinnell College
AFFILIATIONS
Institute for Sustainable
Infrastructure (ISI)
American Society of Civil
Engineers (ASCE)
SOFTWARE
OpenRoads Designer
MicroStation/InRoads
AutoCAD Civil 3D
ProjectWise
BlueBeam
MS Project
SWMM
Synchro
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STAFF RESUMES AND ORGANIZATION CHART
Project Experience Continued
HELIX AND POWAY WATER DISTRICTS
CITY OF POWAY | POWAY, CA
Senior Project Manager - Project entailed design of new municipal water service, including pump house, reservoir tank, and associated paving/parking. Leslie’s role is engineer of record for stormwater drainage component, responsible for SWQMP, SWPPP, drainage design, and design collaboration with prime.
SHORELINE DRIVE REALIGNMENT PROJECT
CITY OF LONG BEACH | LONG BEACH, CA
Assistant Project Manager, Design Lead - Project entailed realignment of southern terminus of I-710 into Downtown Long Beach at Shoreline Drive. Leslie was technical lead for all CAD based design work; All design work completed in MicroStation and InRoads.
Responsible for design team leadership of roadway
restoration, sidewalk and striping Plans, Specifications, and Estimate (PS&E) deliverables for two dozen impacted city blocks, data consolidation of survey, utilities, traffic studies, hydrology, and earthwork designs of entire project, as well as sub-consultant coordination and oversight of cross-platform digital delivery.
PIER B FACILITY INFRASTRUCTURE
PORT OF LONG BEACH | LONG BEACH, CA
Senior Rail Designer - The project included a phased design of an ocean-pier rail yard including substantial track expansion, surface transport interface, drainage retrofitting, and utilities coordination. Leslie was technical lead for all CAD based design work; All design work completed in MicroStation and InRoads. Provided extensive utility coordination, project coordination for exhibits and assembly of comprehensive Alternatives Analysis Report. Served as the project manager for development of Port of Long Beach Standard Railroad Plans. Responsible for development of rail alignment
alternatives, as well as utilities and private property impacts research, database management, and technical exhibits
development.
ARTESIA GREAT BOULEVARD COMPLETE STREETS PROJECT
CITY OF LONG BEACH | LONG BEACH, CA
Project Manager, Design Lead - The project addressed
ongoing vehicular congestion issues as well as improved bicycle, pedestrian, and transit elements through a complete street upgrade of 1.2 miles of an urban arterial boulevard.
Responsible for design team coordination and delivery
of roadway restoration, sidewalk and striping plans, ADA compliance, utilities coordination, and digital design deliveries.
NORTH CITY PURE WATER FACILITY AND WATER
RECLAMATION PLANT EXPANSIONS
CITY OF SAN DIEGO | SAN DIEGO, CA
Senior Project Engineer - Project entailed civil component of wastewater treatment plant expansion on 34-acre site. Leslie was technical lead for all CAD based design work; All design work completed in MicroStation and InRoads. Served as
Senior Project Engineer for roadway, grading and drainage, ADA compliant design, CAD supervision, drainage study
calculations, and design liaison with prime.
LAWA AUTOMATED PEOPLE MOVER
LOS ANGELES WORLD AIRPORTS | LOS ANGELES, CA
Drainage Task Project Manager - Project entailed development of the automated people mover, which will connect three onairport stations to local rail and transit services; a consolidated Rent-a-Car center; two intermodal transportation facilities; and roadway improvements. Served as Drainage Task Project Manager for West Intermodal Transfer Facility and Century Boulevard Roadway Improvement design packages, including evaluation and preparation of the hydraulics & hydrology reports, LID design, and support coordination for various public and private roadway segments within the project
footprint. Attended team meetings, supervised technical staff, and oversaw development of segment plan sets.
I-15 EXPRESS LANES - SOUTHERN EXTENSION
RIVERSIDE COUNTY TRANSPORTATION COMMISSION; CALTRANS |
RIVERSIDE, CA
Project Manager - Project entailed completion of Project Approval / Environmental Document (PA/ED) phase for 16
miles of the I-15 Express Lanes Project - Southern Extension, providing design for widening the existing I-15 to construct two tolled express lanes in each direction. Responsible for hydraulics & hydrology studies, drainage design, studies and reports, utility investigations, and other tasks. Provided oversight of stormwater drainage design; project manager supervision of technical staff to complete multiple scope deliverables, hydraulics & hydrology analysis, plan set and report deliverables; team coordination to analyze over 300 watershed subareas; CAD oversight; client meetings; and other relevant project management tasks.
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STAFF RESUMES AND ORGANIZATION CHART
Project Experience Continued
CALTRANS CONCRETE SLAB AND ASPHALT CONCRETE
REPLACEMENT AT VARIOUS LOCATIONS
CALTRANS DISTRICT 12 | CALIFORNIA
Project Manager - Project entailed rehabilitation of existing pavement on 19 interstate freeway connectors between I-5, I-405, SR 55, etc. Provided project management oversight of technical staff to complete utility and right of way coordination and Caltrans certification, including monthly Project Development Team (PDT) meetings, site visits, Contact and Conflict Matrix development in accordance with Caltrans Project Development Procedure Manual (PDPM) manual, and development of utilities base file in Microstation.
PROPERTY PLANNING & DEVELOPMENT
VARIOUS PRIVATE CLIENTS | VARIOUS LOCATIONS
Senior Project Manager - Projects entailed Lot Line
Adjustments, Lot Mergers & Splits, and other property related ministerial actions: duties included project management, lot configuration design, staff engineer oversight, agency applications & submittals, and client care/invoicing.
SHERMAN INDIAN HIGH SCHOOL
IDS-A|B.I.A. | RIVERSIDE, CA
Senior Project Manager - Sewer facilities retrofit/upgrade design of 10K LF pipe, 51 manholes, pump station, including aerial and ground survey team oversight.
ENGINEERING DESIGN ORGANIZATION (EDO)
GHD | IRVINE CA
Transportation Team Lead - Direct line manager for over 40 junior and mid-level EIT and PE level civil engineers in GHD’s Engineering Design Organization (EDO). Responsible for Regional team building, hiring, terminations, and
implementation of corrective actions, oversight of technical development and training, and collaboration with other
discipline team leads. Responsible to integration of
Transportation EDO with Project Manager Business groups to achieve regional KPIs. Achieve quality-of-delivery metrics, monitor team performance through review of monthly
KPI reports regarding UT, revenue, and team retention
goals. Facilitate and monitor the implementation of staff performance appraisals and outcomes. Generate specific, measurable, attainable, relevant and timely initiatives for staff mentorship, technology training, quality assurance and quality control protocols.
AVENUE 64 COMPLETE STREETS PROJECT
CITY OF PASADENA | PASADENA, CA
Deputy Senior Project Manager - The project entailed design of roundabout and other complete street traffic calming, bicycle, and pedestrian enhancements for residential area. Oversaw design team, including roadway geometry and storm drainage, client coordination, subconsultant coordination.
CITY OF LONG BEACH ON-CALL ENGINEERING
SERVICES
CITY OF LONG BEACH | LONG BEACH, CA
Senior Project Manager - Responsible for project management and transportation engineering oversight of design team for delivery of roadway restoration plans, including pavement replacement, signing, striping, bikeway additions, drainage and utility coordination and design, and subcontractor
management for three “complete streets” projects: Anaheim Street, Willow Street, and Artesia Boulevard.
NOHL RANCH OPEN SPACE TRAIL PROJECT
CITY OF ANAHEIM | ANAHEIM, CA
Senior Project Manager - The project entailed a 1.2-milelong, 10-foot-wide Class I paved bikeway and a 0.75-milelong, 10-foot-wide decomposed granite multi-use trail, including fencing, directional signage, a signalized roadway crossing, and secure bicycle parking. Responsible for project management and engineering design oversight of design
team, budgets, scheduling, invoicing, and Quality Assurance / Quality Control (QA/QC).
STATE ROUTE (SR) 107
CALTRANS DISTRICT 7; CITY OF ANAHEIM | ANAHEIM, CA
Senior Project Manager - The project entailed numerous
Americans with Disabilities Act (ADA) ramp replacements along an urban highway corridor. Sub to TranSystems.
Responsible for oversight of Caltrans utility plans, testhole coordination, plan delivery.
DEVELOPER PLAN CHECK SERVICES
VARIOUS CLIENTS: OCPW | CITY OF SEAL BEACH | CITY OF BUENA PARK
Senior Project Manager - Provided developer plan check
services for several municipalities. Project management and plan check staff oversight of design team for review of developer site, grading and drainage plans. 2020 to present.
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STAFF RESUMES AND ORGANIZATION CHART
MARK WEBB, PE
Civil Engineering Design
EXPERIENCE
38 years (14 with NV5)
REGISTRATIONS
Registered Professional Engineer,
Civil: CA #46328, CO #61352,
NV #32616, OR #105295PE
EDUCATION
BS, Civil Engineering,
San Jose State University
AS, Engineering,
Cabrillo College
AFFILIATIONS
American Society of Civil
Engineers (ASCE)
Construction Management
Association of American (CMAA)
American Public Works
Association (APWA)
SOFTWARE
AutoDesk Suite of products- Civil
3D, AutoCAD Map, Navisworks,
Infraworks, Inventor, etc
Bentley -MicroStation, InRoads,
OpenRoads
Haestad Products- Flowmaster,
Pondpack, Storm-CAD, etc
HEC-RAS, HEC-HMS, HEC-DDE,
EPA-NET
BlueBeam, Adobe Acrobat
Pull-Planer
Risa 3D, Sap 2000, Retaining
Wall Pro, Hilti Base Plate Designer
Arc-GIS, Arc-Scene, QGIS, Map
Window, SewerCAD, WaterCAD,
etc.
MS Office products
Point Cloud Tools
Sketchup
Blender, 3DS Max, Maya
Video Editing Tools
Mark possesses 10 years of QA/QC reviewing work for the Power Group and now manages the QC effort. For the last 7 years, he has been designing and reviewing trenchless designs of high and medium voltage crossings of freeways, railroads, rivers, and drainages. The most common designs used are jack and bore, bridge attachments and horizontal directional drilling or HDD.
Mark possesses 38 years of experience in civil private and public projects. His experience ranges from work on erosion control and water quality structures, water and sewer studies and design, hydrology and hydraulics, grading, site planning and layout, earthwork, road design, retaining walls, pedestrian bridges, master plans, military installations, schools, parks, universities, subdivisions, construction observation, report writing, as well as teaching CAD and design software and developing standards. This experience involved the preparation and processing of plans, specifications, and cost opinions for projects as well as preparation of tentative maps with conditions of approval and the associated improvements.
Project Experience
POSEIDON 12 KV DISTRIBUTION UNDERGROUNDING
SAN DIEGO GAS & ELECTRIC | CARLSBAD, CA
Project Engineer - Provided the three-dimensional design for four 12 kV distribution circuits that feed the Poseidon Desalination Plant. In order to provide power to the project a unique approach to supporting fiberglass conduit via engineered steel supports ran down an abandoned pit from the Encina Power Station. Mark also provided QA/QC for all of the getaways from the substation and designed transitions in and out of the two pits and then to the customer side switchgear.
SYCAMORE-TO-PEÑASQUITOS (SX-PQ) 230 KV TRANSMISSION LINE SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Engineer of Record & QC Reviewer - Engineer of Record for the 980’ of jacked and tunneled trenchless method to cross I-15 with two intermediate jacking points along the specially designed 54” diameter reinforced concrete pipe or RCP. Each RCP had a 1’ thick plywood plate between the pipes in the bell-less gasketed joint and to sets of grouting ports to grout the outside of the pipe as part of the permitting requirements.
The RCP was jacked with a sand shield and a manned excavator on the leading edge of the pipe for the cobble bearing soil which made HDD impossible due to cave in of the cobble lenses in the soil and the settlement the cave in would cause on the interstate. He also did all the QC reviews of all the plan sets and as-builts.
NV5 was the Lead Engineer on the SX-PQ 230 kV underground transmission project which constructed 12 miles of underground double circuit 230 kV from Sycamore Canyon Substation to Peñasquitos Substation. The project was needed to provide a bulk power link from desert areas east of San Diego, abundant in solar resources, to the coastal and downtown load centers.
STAFF RESUMES AND ORGANIZATION CHART
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Project Experience Continued
NV5 was integral to every phase of the project –from concept to construction. Our support during CPCN permitting was crucial to assist the client navigating through difficult environmental and regulatory hurdles as well as assisting with community outreach, and leading both the civil and electrical engineering aspects of the project producing high-quality designs given very difficult engineering challenges.
Challenges included the placement of 35 large vaults and 12 miles of trench alignment with extremely congested city streets, 980 feet of tunneling under the 16-lane Interstate 15, and siting 165-foot cable riser structures without
environmental or visual encroachments. We designed custom vaults with cable racking and a grounding system as well as design and integration of an adjacent fiber optic system for DTS and Partial Discharge ready testing.
NV5 also provided construction support and auxiliary services, produced traffic control plans, acquired all permits from the City of San Diego and Caltrans, and provided on-site materials testing, geotechnical analysis, and survey. We worked with the cable manufacturer to ensure cable design would meet project specifics and cable delivery dates would be met as well as providing witness testing of the cable reels at the
manufacturing plant.
TL673 LA JOLLA 69 KV DIRECT BURY REPLACEMENT
PROJECT
SAN DIEGO GAS & ELECTRIC | LA JOLLA, CA
Engineer of Record & QC Reviewer - Engineer of Record and designed the HDD in all three of its forms for the permit and the minor changes required by contractor to drill it. Also designed the hill holders, an 8” concrete wall keyed into the slope, required by the City of San Diego, and designed to hold the soil on the steep slope after the trench is dug. He also QC reviewed the drawings and the as-builts.
The La Jolla 69 kV Direct-Bury Replacement project installed approximately five miles of new 69kV electric transmission line. This new line replaced the 50-year-old existing directburied cable infrastructure feeding the La Jolla area, which had reached end-of-life and had begun to experience an
increasing number of failures and outages.
The replacement of this critical infrastructure improved the reliability of the transmission grid in Southern California and enabled the delivery of dependable energy to San Diego’s coastal region. Using innovative approaches to navigate and overcome obstacles, this project traversed the congested City of San Diego streets and crossed under La Jolla Parkway, successfully tying the La Jolla area back into the Southern California transmission grid.
A significant obstacle was the high-traffic, hilly location with decades of underground utility infrastructure designers and construction teams needed to strategically navigate to complete the project successfully.
The engineering team worked hard to route the power line away from heavy traffic areas, located vaults away from intersections, and used a horizontal directional drill (HDD) to bore under La Jolla Parkway to avoid traffic congestion at this bottleneck into La Jolla. The new line design also achieved efficiencies.
CARLTON HILLS SUBSTATION
SAN DIEGO GAS & ELECTRIC | SANTEE, CA
Project Engineer - Designed the access road to Carlton Hill Substation. He also provided QC for all of the 12 kV getaways.
VINE SUBSTATION
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Project Engineer - Designed the internal and external 12 kV getaways and two tie-lines in and out of the 69kV substation stepping down to 12 kV for distribution.
CRESTVIEW SUBSTATION
SAN DIEGO GAS & ELECTRIC | SAN DIEGO COUNTY, CA
Project Engineer - Designed three cable-pulled 69 kV tie-lines in and out of the substation using jack and bore to cross Old Highway 80. Also provided QC for all of the 12 kV getaways for the substation.
CERRITOS 66 KV HDD AND JACK & BORE
SOUTHERN CALIFORNIA EDISON | CERRITOS, CA
Project Engineer - This project involved the design of a 227.5- foot jack-and-bore under the Metro Railroad Right-of- Way south of State Route 91 and east of the San Gabriel River. In addition to having to coordinate with the railroad for
encroachment and licensing permits, each end of the bore added additional challenges by being confined within private property areas that fell within the utility’s easement. The bore casing was designed as a 28-inch OD API 5L Steel
Casing Pipe, E80 Loading (ID 27-inch, 0.5-inch wall
thickness, extra heavy).
The project also involved the design of a 721.7-foot 66kV horizontal directional drill (HDD) under State Route 91 approximately 1,100 feet west of the I-605/SR-91
intersection. The bore casing was designed as a 30-inch nominal fusible PVC (ID 28.77” - DR21) with 6-6” and 1-4” fusible PVC carriers for the entire length of the run.
STAFF RESUMES AND ORGANIZATION CHART
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TENNIS CENTER AND PV RELOCATION
PROJECT
SOUTHWESTERN COLLEGE |
CHULA VISTA, CA
Principal-in-Charge/Sr. Project
Manager
CHARGE READY ELECTRIC VEHICLE
INFRASTRUCTURE PROGRAM
SOUTHERN CALIFORNIA EDISON |
SOUTHERN CALIFORNIA
Principal-in-Charge/Sr. Project
Manager
CIVIL DUE DILIGENCE FOR
NATIONWIDE BUILDOUT OF DELIVERY
CENTERS
CONFIDENTIAL CLIENT | NATIONWIDE
Principal-in-Charge/Sr. Project
Manager
PROJECT VIENTO AGENCY — PLAN
CHECK SERVICES
CITY OF DESERT HOT SPRINGS |
DESERT HOT SPRINGS, CA
Principal-in-Charge/Civil Engineering
Lead
BIG ROCK BATTERY ENERGY STORAGE
SYSTEM — PLAN CHECK SERVICES
COUNTY OF IMPERIAL |
IMPERIAL COUNTY, CA
Project Manager/Lead Civil Engineer
MORELY GREEN PARK
CITY OF SAN DIEGO | SAN DIEGO, CA
Lead Civil Engineer
SOUTH BAY BOTANICAL GARDEN
SOUTHWESTERN COLLEGE | CHULA VISTA,
CA
Civil Engineering Project Manager
HELEN WOODWARD ANIMAL CENTER
HELEN WOODWARD ANIMAL CENTER |
RANCHO SANTA FE, CA
Lead Civil Engineer
GLORIETTA BAY REDEVELOPMENT
CITY OF CORONADO | CORONADO, CA
Lead Project Civil Engineer
HIGH TECH EDUCATION NORTH
COUNTY CAMPUS
HIGH TECH EDUCATION | SAN MARCOS, CA
Civil Engineering Project Manager
HIGH TECH MESA
HIGH TECH EDUCATION | SAN DIEGO, CA
Project Manager
ADA PATH OF TRAVEL PROJECT
SOUTHWESTERN COMMUNITY COLLEGE
DISTRICT | CHULA VISTA, CA
Project Manager
JONATHAN ROWLAND, PE, LEED AP
Civil Engineering Design
EXPERIENCE
23 years (23 with NV5)
REGISTRATIONS
Registered Professional Engineer,
Civil: CA #70191
LEED AP (USGBC)
Certified Instructor for Project
Management Training
Certified Design Quality Control
Manager
EDUCATION
BS, Civil Engineering
AFFILIATIONS
American Society of Civil
Engineers – Director
Society of American Military
Engineers
Jon has more than 20 years of experience providing civil engineering services for complex public‑ and private‑sector projects throughout California and nationwide. He specializes in site development, grading and drainage, stormwater management, utilities, roadway and pedestrian improvements, and regulatory permitting, with extensive experience supporting educational campuses, municipal facilities, private and commercial development, and large infrastructure programs. Jon is known for his collaborative leadership style, proactive project management, and ability to deliver technically sound, constructible solutions that meet schedule, budget, and regulatory requirements.
Project Experience
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STAFF RESUMES AND ORGANIZATION CHART
SALT CREEK SUBSTATION 138/69/12
KV GETAWAY UNDERGROUND DESIGN
SAN DIEGO GAS & ELECTRIC |
CHULA VISTA, CA
Project Designer
VINE STREET SUBSTATION
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Project Designer
OCEAN RANCH SUBSTATION 12 KV
UNDERGROUND DESIGN
SAN DIEGO GAS & ELECTRIC | OCEANSIDE,
CA
Project Designer
LAS COCHES 12 KV
UNDERGROUNDING
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Project Designer
RANCHO MISSION VIEJO 12 KV
UNDERGROUNDING
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Project Designer
POSEIDON DESALINATION PLANT
DISTRIBUTION UNDERGROUNDING
AND SCADA EXTENSION
SAN DIEGO GAS & ELECTRIC |
CARLSBAD, CA
Project Designer
SAN DIEGO INTERNATIONAL AIRPORT
12 KV UNDERGROUND DESIGN
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Project Designer
RANCHO SANTA FE SUBSTATION PLAN
AND PROFILE
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Project Designer
TL629/TL6958 CRESTWOOD
SUBSTATION
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Project Designer
POWAY SUBSTATION TRANSMISSION
GETAWAY
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Project Designer
SAN YSIDRO SUBSTATION GETAWAYS
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Project Designer
SAN MATEO SUBSTATION
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Project Designer
C261, C262, C263, & C266 CIVIL/
SURVEYS
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Project Designer
Yezid has more than 25 years of experience providing surveying, design, and drafting of civil engineering plans for power delivery and infrastructure projects. He has over a decade of distribution experience, with an emphasis on distribution underground, and has extensive experience with substation getaway design.
Project Experience
YEZID FUENTES
Civil Engineering Design
EXPERIENCE
25+ years (20 with NV5)
EDUCATION
AS, Drafting and Design,
ITT Technical Institute
Certificate LDT, Civil Engineering
Program,
Westech College
SOFTWARE
Bentley Microstation
AutoCAD
Microsoft Office Suite
STAFF RESUMES AND ORGANIZATION CHART
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ROXANNE REYES
Underground Engineering Design Lead
EXPERIENCE
9 years (7 with NV5)
REGISTRATIONS
SDG&E OH/UG Qualified Electric
Designer and Qualified Gas
Designer
EDUCATION
MA, Public Administration,
Concentration: City Planning,
San Diego State University
BA, Public Administration,
San Diego State University
SOFTWARE
AutoCad
Blue Beam
iCUE
Microsoft Office Suite
Roxanne has nine years working in electric distribution design. She currently works on circuit reliability projects to improve and expand the underground distribution system. Prior to NV5, she developed and managed a design and engineering team for multiple San Diego Gas & Electric (SDG&E) Electric Vehicle programs.
Project Experience
POWER YOUR DRIVE & PRIORITY REVIEW PROJECTS
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Project Manager & Lead Distribution Designer - Managed the design and engineering team as well as being the lead distribution designer for this project.
The program included installation of 3,000 electric vehicle (EV) charging nozzles on over 100 separate sites within existing parking lots and garages throughout San Diego and Orange counties. Each site received between six and 50 EV stalls, with the average site receiving approximately 15 stalls. Level 2 EV chargers were installed at multi-family residences and private property businesses across the SDG&E service territory, and a variety of Level 2 and DC fast chargers were installed for public use and company fleet vehicle use.
NV5 devoted three separate teams of engineers and drafters who focused on completing each Power Your Drive project from start to finish. The teams attended the site walk, coordinated design-level survey, prepared a preliminary design drawing, prepared civil construction documents, coordinated with agencies through permit approval, and finished with construction support.
STRATEGIC/DIRECT UNDERGROUNDING PROGRAM
SAN DIEGO GAS & ELECTRIC | VARIOUS LOCATIONS, CA
Distribution Designer - Working with the civil design team to provide electric design services and construction support. NV5 is providing environmental studies and reviews (utilizing our GIS web map tools), permit application and acquisition, civil design, electrical design, overhead/SCADA design, land management and easement acquisition preparation, subconsultant management for utility locating and potholing, site specific fielding, community outreach, standards creation and process improvement, and program management to SDG&E for their Strategic Undergrounding Program.
NV5 began working on this program in 2019. As one of the first design firms on the SUG, NV5 has been a key contributor in the creation of program standards and have shown the ability to quickly adapt and respond to evolving program goals. Through our experience, NV5 demonstrated that we understand how each circuit operates and have provided cost-effective, reliable solutions to improve the circuit by designing an underground path from the source to critical infrastructure.
NV5’s designs have considered environmental, cultural, and biological sensitivities and showcased many of our in-house design capabilities including horizontal directional drilling (HDD), jack and bore, bridge attachments, and unique solutions to provide safe, consistent power while adhering to SDG&E standards. NV5 has provided over 200 miles of underground projects to date.
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STAFF RESUMES AND ORGANIZATION CHART
Project Experience Continued
C221 DUG PHASE 4 - ELECTRIC
SAN DIEGO GAS & ELECTRIC | JULIAN, CA
Distribution Designer - Working with the civil design team to provide electric design services and construction support.
NV5 is providing electric design, civil design, and engineering and support services to underground a complete power feed affecting critical services in an area of extreme fire risk. The scope of work includes more than 6 miles of underground distribution design to provide a complete underground feed from the Santa Ysabel substation to downtown Julian and assure reliable power for critical infrastructure and refuge locations during public safety power shutoff (PSPS) events.
Extreme heat and high wind conditions can trigger PSPS
events. As part of SDG&E’s Strategic Undergrounding
Program, C221’s phases 1, 3, and 4 were challenging yet critical to maintaining essential services in the area.
NV5 worked closely with SDG&E and Caltrans to mitigate
potential design and construction issues. The circuit project faced significant challenges because the route runs along Highway 79 through rocky terrain with limited shoulder space and goes through a portion of Cleveland National Forest that is adjacent to the substation.
NV5 worked closely with Caltrans, using mini horizontal directional drilling where trenching wasn’t possible and even adjusted design of a phase to enable out-of-order construction to meet an ambitious timeline while also accommodating the lengthy approval process required for the public lands portion.
NV5 was involved in every aspect of the project, from survey, UAV and base mapping through environmental and land
services, all the way to permitting and staging yard
identification. NV5’s expertise and agency knowledge and relationships were valuable in meeting critical project milestones on time and on budget. The team’s clear
understanding of the agency’s design preferences helped NV5 successfully negotiate variance where necessary.
C1030 MULTIPLE PROJECTS
SAN DIEGO GAS & ELECTRIC | SAN DIEGO COUNTY, CA
Distribution Designer - Working with the civil design team to provide electric design services and construction support.
NV5 is providing electric design, civil design and engineering and support services to underground a large 12 kV power line replacement project affecting critical overhead infrastructure and customer services in an area of extreme fire risk.
The scope of work includes more than 46 miles of
underground distribution design through terrain with multiple geotechnical constraints, coordination with multiple public agencies and private customers. C1030 was the first circuit project for SDG&E’s Strategic Undergrounding Program, and NV5 worked hand-in-hand on design requirements, program development, processes and procedures in support of
this important fire-mitigation program initiative to limit the occasions where a public safety power shutoff (PSPS) event is required for safety.
The circuit project faced significant challenges in design and construction from environmental and geotechnical constraints as well as logistical constraints from other utilities, land boundary issues, customer issues, and technical issues to achieve project goals. NV5’s involvement began with a full project scoping to identify issues and determine the most effective, efficient solutions and carries through completed construction of all phases. NV5 met client goals through creative app roaches and expert design and engineering. The team worked through every challenge, for one phase even pioneering installation of 200amp SCADA sectionalizing for fallen conductor detection. For the project as a whole, NV5 coordinated with SDG&E’s standards group to develop a
standard for converting overhead meter poles to underground feed.
The team mitigated issues and obtained appropriate
permissions to remove idle facilities, separated work by geotechnical constraints to facilitate contractor bidding and keep construction schedules on track, and they coordinated horizontal directional drilling (HDD) installation through dense oak areas near wetlands to avoid environmental restrictions.
NV5’s problem solving even included development of
communication tools between backbone design and service conversion work to enable payment to electricians. By
working through the project’s extensive complications to deliver construction-ready drawing sets, as well as approved permitting and environmental releases before supporting construction, NV5 set the standard for success for a critical client program.
EDP RELIABILITY/SUBSTATION GETAWAYS
SAN DIEGO GAS & ELECTRIC | LA MESA & IMPERIAL BEACH, CA Distribution Designer - Installing new UG circuits to offload existing overloaded circuits and improve grid performance.
Worked with the civil design to provide electric design services and construction support.
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STAFF RESUMES AND ORGANIZATION CHART
C908 DESIGN + SURVEY TOA 10
SAN DIEGO GAS & ELECTRIC| SAN DIEGO,
CA
Senior Distribution Designer
C908 DUG - ELECTRIC
SAN DIEGO GAS & ELECTRIC| SAN DIEGO,
CA
Senior Distribution Designer
C908 DUG
SAN DIEGO GAS & ELECTRIC| SAN DIEGO,
CA
Senior Distribution Designer
C520 DESIGN + SURVEY
SAN DIEGO GAS & ELECTRIC| SAN DIEGO,
CA
Senior Distribution Designer
C445 DESIGN + SURVEY
SAN DIEGO GAS & ELECTRIC| SAN DIEGO,
CA
Senior Distribution Designer
C157 DESIGN + SURVEY
SAN DIEGO GAS & ELECTRIC| SAN DIEGO,
CA
Senior Distribution Designer
C176 DESIGN + SURVEY
SAN DIEGO GAS & ELECTRIC| SAN DIEGO,
CA
Senior Distribution Designer
C470 DESIGN + SURVEY
SAN DIEGO GAS & ELECTRIC| SAN DIEGO,
CA
Senior Distribution Designer
COLE GRADE ROAD 20A
SAN DIEGO GAS & ELECTRIC| SAN DIEGO,
CA
Senior Distribution Designer
NEW C1191, CH: NEW CB C1191
DDOR 2020
SAN DIEGO GAS & ELECTRIC| SAN DIEGO,
CA
Senior Distribution Designer
C1154 EG OFFLOAD GE3233 DDOR
SAN DIEGO GAS & ELECTRIC| SAN DIEGO,
CA
Senior Distribution Designer
C706, MS: POLE LINE REMOVAL -
ELECTRIC
SAN DIEGO GAS & ELECTRIC| SAN DIEGO,
CA
Senior Distribution Designer
C1458 PHASE 1A CONSTR SUPPORT
- ELECTRIC
SAN DIEGO GAS & ELECTRIC| SAN DIEGO,
CA
Senior Distribution Designer
COW CAMP RD PHASE 2A/2B - OH
RELOCATION
SAN DIEGO GAS & ELECTRIC| SAN DIEGO,
CA
Senior Distribution Designer
Candice has 23 years of experience in the construction industry with significant experience as a project manager for underground, gas, and overhead utility work. She has successfully managed projects on time and within budget as well as completed utility designs for numerous SDG&E reliability, capacity, smart meter networking, LPCN, FiRM, CNF and other projects. She excels at site due diligence, cost estimating, fulfilling permit requirements for appropriate agencies, and completed design drawings and calculations for complex projects.
Project Experience
CANDICE HOLLEY, PMP
Underground Engineering Design
EXPERIENCE
23 years (10 with NV5)
REGISTRATIONS
Project Management Professional
(PMP)
SDG&E Applicant Design Underground Certified
EDUCATION
BA, University of Tennessee
Primavera P6.2 Basic Training,
Oracle University
Sempra Energy Utility - Gas
Technical Services and Gas AsBuilt Mapping
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STAFF RESUMES AND ORGANIZATION CHART
UNDERGROUND TRANSMISSION
LINES
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Project Manager
16-INCH HIGH PRESSURE GAS LINE
49-28 RELOCATION
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Senior Designer
SUNCREST SUBSTATION
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Project Manager
TL615 AND TL659 UNDERGROUND
CABRILLO ENGINEERING
SAN DIEGO GAS & ELECTRIC |
POINT LOMA AND SAN DIEGO, CA
Project Designer
TL673 LA JOLLA 69 KV DIRECT BURY
REPLACEMENT PROJECT
SAN DIEGO GAS & ELECTRIC |
LA JOLLA, CA
Project Designer
SYCAMORE-TO-PEÑASQUITOS (SX-PQ)
230 KV TRANSMISSION LINE
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Project Designer
LAGUNA NIGUEL RELIABILITY
ENHANCEMENT PROJECT
138 KV UNDERGROUNDING
SAN DIEGO GAS & ELECTRIC |
LAGUNA NIGUEL, CA
Project Designer
TL633 RANCHO CARMEL SUBSTATION
TO BERNARDO SUBSTATION 69 KV RECONDUCTOR UNDERGROUNDING SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Project Designer
TL6926 UNDERGROUNDING COLE
GRADE ROAD
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Project Designer
SOUTH ORANGE COUNTY RELIABILITY
ENHANCEMENT (SOCRE) - 230 KV
TRANSMISSION UNDERGROUNDING
SAN DIEGO GAS & ELECTRIC |
ORANGE COUNTY, CA
Project Designer
TL690E + C202 UNDERGROUNDING
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Project Designer
MARTIN JAIMES
Underground Engineering Design
EXPERIENCE
18+ years (2 with NV5)
REGISTRATIONS
Registered Professional Engineer,
Civil: Mexico #2211078
EDUCATION
BS, Civil Engineering,
Technological Institute of Tijuana,
Mexico
SOFTWARE
Bentley MicroStation
AutoCAD
Microsoft Office
Martin is a project manager for NV5’s San Diego office. For 18+ years, Martin has involved himself in both field and office aspects of civil engineering and land surveying. The focus areas for his project management are engineering the conversion of existing electrical overhead lines to underground system, including distribution lines and transmission lines of 69 kV, 138 kV, & 230 kV; utility location and mapping, engineering design for jack & bore structures, configurations of Horizontal Directional Drill structures to function as elements to avoid impacts over environmental areas, sensitive wet lands, streams and rivers. Other related procedures of engineering include design grading and improvement plans according to city, county and state regulations as well the construction support.
Project Experience
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STAFF RESUMES AND ORGANIZATION CHART
DIAR
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Designer/PLS-CADD Engineer
FRANCHISE POLES
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Designer/Pole Modeling
C221 DUG PHASE 1 - OH
SAN DIEGO GAS & ELECTRIC | JULIAN, CA
Designer/PLS-CADD Modeling
C221 DUG PHASE 2 - OH
SAN DIEGO GAS & ELECTRIC |
SANTA YSABEL, CA
Designer/PLS-CADD Modeling
C445 DUG - OH
SAN DIEGO GAS & ELECTRIC |
BOULEVARD, CA
Designer
C1458 PHASE 2 SUG
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
CAD Technician
C220 - ELECTRIC
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Designer
C358 DUG - ELECTRIC
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Designer
C555, EC: CUTOVER LOAD TO C549
- DDOR 2021 - ELECTRIC DESIGN
SAN DIEGO GAS & ELECTRIC |
EL CAJON, CA
Designer
URBAN SUB REBUILD: INST TWO MH
- ELECTRIC
SAN DIEGO GAS & ELECTRIC |
EL CAJON, CA
Designer
SSC1 CUTOVER FROM 4KV TO 12KV
C330-ELECT
SAN DIEGO GAS & ELECTRIC |
SAN CLEMENTE, CA
Designer
C65, RN:C65 OFFLOAD TO C270-
DDOR 2021
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Designer
C303 303-138 P107947 HRSR -
ELECTRIC
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Designer
WIRELESS FAULT INDICATOR PROJECT
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
CAD Technician
C1047 NEW CIRCUIT
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
CAD Technician
Louis is a distribution designer with six years of experience specializing in overhead distribution projects and pole modeling with PLS-CADD and O-Calc. He is an SDG&E Overhead Qualified Designer and is proficient in AutoCAD, Civil 3D, PLS-CADD, PLS-POLE, and O-Calc software.
Project Experience
LOUIS CANONICO
Underground Engineering Design
EXPERIENCE
6 years (6 with NV5)
REGISTRATIONS
SDG&E OH Qualified Designer
O-Calc Pro-Pole Loading Analysis
Software (16-hr)
EDUCATION
BA, Integrated Marketing
Communications,
Roosevelt University
SOFTWARE
AutoCAD
Civil 3D
PLS-CADD
PLS-POLE
O-Calc
Microsoft Office Suite
Adobe Suite
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STAFF RESUMES AND ORGANIZATION CHART
GODEFROY DEVYS, PE
Overhead Engineering Design Lead
EXPERIENCE
8 years (8 with NV5)
REGISTRATIONS
Registered Professional Engineer,
Civil: AZ #80016, CA #91712,
NM #29991, OR #101399PE
EDUCATION
MS, Civil / Structural
Engineering,
University of California,
Los Angeles
AFFILIATIONS
American Society of Civil
Engineers (ASCE)
SOFTWARE
AutoCAD
CTAbut
Mastan2
MathCAD
Matlab
Microsoft Office
MS Project
PSBeam
Perform 3D
RAM
Revit
PLS-CADD
PLS-Pole
MFAD
OCalc
Godefroy has eight years of experience in the design of steel, concrete and masonry structures. He has also performed structural investigations for buildings and bridges, and designed repairs to existing structures. He is skilled in advanced structural analysis, advanced reinforced concrete, finite element analysis, advanced steel design, structural response to ground motion, structural dynamic, and ground motion characterization.
Godefroy also brings extensive expertise in the overhead distribution industry, particularly through his advanced use of PLS-CADD and PLS-POLE. His experience includes creating detailed and accurate PLS-CADD components based on manufacturer cutsheets, contributing to the development of overhead distribution design standards, and ensuring high-quality deliverables through rigorous quality control processes. He is proficient in performing pole foundation analyses and has consistently supported complex distribution projects with precision and efficiency. His deep knowledge of PLS-CADD and PLS-POLE makes him a valuable technical resource and a leader in the field.
Project Experience
POLE LOADING COMPLIANCE PROGRAM (PLCP)
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Assistant Engineer - Provided structural calculations for pole embedments, crossarms and pole loadings as part of the PLC program. Reported SDG&E and GO95 violations. (Design and True-Up).
C1030 MULTIPLE PROJECTS
SAN DIEGO GAS & ELECTRIC | SAN DIEGO COUNTY, CA
Assistant Engineer - Providing construction support for FCA and designed retaining walls and concrete slabs to control some erosion issues and divert the water from damaging some cable poles. NV5 is providing electric design, civil design and engineering and support services to underground a large 12 kV power line replacement project affecting critical overhead infrastructure and customer services in an area of extreme fire risk. The scope of work includes more than 46 miles of underground distribution design through terrain with multiple geotechnical constraints, coordination with multiple public agencies and private customers.
C157 RECONDUCTOR 12 KV FROM BARE WIRE TO COVERED CONDUCTOR &
WOOD TO STEEL CONVERSION
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Assistant Engineer - Provided structural calculations for pole embedment, crossarms and pole loadings as part of the FiRM (Fire Mitigation) program using PLS-CADD, in charge of the QC, and of the construction support. Then in charge of the as-builting the project (True up the PLS model based on what was installed on the field).
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STAFF RESUMES AND ORGANIZATION CHART
Project Experience Continued
One of the pilot projects for SDG&E where they used Covered conductor for the first time on a large scale project. We had to learn those new wires and designing the projects without being able to anticipate the wire sags and tensions, so it required a lot of adjustments. Unique situations with 1,800ft long spans over a lake with that new wire, so we had to think outside of the box and order some special material for the dead ends.
SSC1 CUTOVER FROM 4 KV TO 12 KV C330
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Assistant Engineer - Providing construction support for FCA and was the PLS modeling and final internal QC of all the deliverables on the structural side using PLS-CADD. NV5 converted over 202 existing 4 kV transformers and related equipment to 12 kV distribution circuit as part of a 4 kV distribution modernization program.
We analyzed over 700 existing distribution poles for structural integrity and made wood to steel upgrades as needed,
reinsulated existing structures that were not being replaced with steel poles and fiberglass arms, and upgraded antiquated primary and secondary conductors to meet the 12 kV load demands, converting small copper conductor to larger
aluminum and ACSR conductors.
NV5 incorporated low-cost reliability improvements such as Fault Indicators and sectionalizing, and cutover for underground stations, including new trench and conduit, cable and connection plans. NV5’s scope included feasibility studies, LiDAR survey, conventional survey, subsurface utility mark-out, civil engineering for ADA and pedestrian clearance requirements, permitting and easement support, construction support services, project management and post-construction as-built, and standards compliance confirmation.
ES4 4 KV TO 12 KV CUTOVER
SAN DIEGO GAS & ELECTRIC | ESCONDIDO, CA
Assistant Engineer - Designed the pole replacement using PLS-CADD, performed internal final QC checks, performed hand calculations to calculate wood alley arms on wood or steel poles when the use of fiberglass arms was not feasible.
Produced a calculation package of 70+ sheets per pole (about 10 poles total). NV5 converted existing 4 kV transformers and related equipment to 12 kV distribution circuit as part of a 4 kV distribution modernization program.
C315 SOCRE I-15 CROSSING NETTING/DESIGN PERMITTING
SAN DIEGO GAS & ELECTRIC | SAN JUAN CAPISTRANO, CA
Assistant Engineer - Provided structural calculations of a netting design over the I-15 freeway that spans 80 feet for the installation of new wires for circuit C315 over the freeway.
Godefroy designed the poles and anchors able to catch a wire falling on it.
C445 DESIGN & SURVEY
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Assistant Engineer - Rebuilt the original C445 circuit section with covered conductor. Provided structural calculations for pole embedments, crossarms and pole loadings as part of the Fire Mitigation program. In charge of verifying and stamping all MFAD calculations for FiRM packages above 90.
WALL 609/614 TIE-BACK WALL INSPECTION (MID-COAST
CORRIDOR TROLLEY EXTENSION
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Assistant Engineer - Performed periodic site inspections during the installation of a soil nail and pre-stressed tie-back retaining wall; part of which was directly adjacent to a 16” steel high-pressure gas pipe line. Provided owners
representation and reported directly to owners project
manager.
ALLEY ARM CALCULATIONS
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Engineering Manager - Performed hand calculations to
calculate wood alley arms on wood or steel poles when the use of fiberglass arms was not feasible. Produced a
calculation package of 70+ sheets per pole (about 40 poles total).
EXCHEQUER TO YOSEMITE 70KV RECONDUCTOR
PACIFIC GAS & ELECTRIC | YOSEMITE
Engineering Manager - In charge of quality control on site:
rebar verification, concrete tests (air entrainment, slump, temperature, and cast cylinders for compressive strength tests). Also supervised a team of geotechnical engineers who were tasked with observing drilling and grouting activities, anchor installation and proof/performance testing of all anchors. All work, including personnel and material handling was performed with helicopters as vehicle access to each site was not possible due to terrain.
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STAFF RESUMES AND ORGANIZATION CHART
POLE LOADING COMPLIANCE
PROGRAM (PLCP)
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Group Manager
C0222 GROUP 2 PHASES F - L
ENGINEERING
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Group Manager
ESH 0222 UG GROUP 1 PHASES A-E
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Group Manager
ESH 0222 UG GROUP 1
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Group Manager
NEW BUSINESS PROJECTS
PACIFIC GAS & ELECTRIC | CONCORD, CA
Engineering Supervisor
07D/2AA POLE UPGRADE PROJECTS
PACIFIC GAS & ELECTRIC | CONCORD, CA
Distribution Engineer
BUTTE COUNTY OVERHEAD REBUILD
PACIFIC GAS & ELECTRIC | CONCORD, CA
Distribution Engineer
POST ESTIMATING
PACIFIC GAS & ELECTRIC | CONCORD, CA
Engineering Supervisor
JOINT USE MAKE READY WORK
ARIZONA PUBLIC SERVICE | PHOENIX, AZ
Group Manager
KRISTA MIGUEL
Overhead Engineering Design
Krista is a Distribution Group Manager with eight years of experience in technical design and as a project lead. Her path from Distribution Engineer to Distribution Operations manager has provided her an opportunity to grow in multiple engineering facets as well as given her the ability to lead and coordinate a multitude of projects. With a steep background working with Pacific Gas & Electric, she built a training procedures document to help ensure compliance as well as efficiency and teamwork. As an engineer, she spent time working on 12 kV single line poles, substructures, voltage drop calculations and more.
Project Experience
EXPERIENCE
8 years (3 with NV5)
REGISTRATIONS
Engineer-in-Training (EIT)
EDUCATION
BS, Electric Engineering,
California State University
SOFTWARE
AutoCAD
PLS-CADD
O-Calc Pro
ED GIS/Webviewer
EES
FFE
Bluebeam Revu
SAP
Office Suite
STAFF RESUMES AND ORGANIZATION CHART
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ES4 CUTOVER FROM 4 KV TO 12 KV
C513 AND C514
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Designer
TRANSFER C568 AND C569 TO C201
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Designer
WISE C474, FE: R11 OH
RECONDUCTOR
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Designer
C1242 RMV: OH REMOVAL
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Designer
C445-F TRUE UP REMEDIATION TOA
217 & C445 DESIGN AND SURVEY
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Designer
C757 BQ-CUTOVER 562A/C753
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Designer
BUILDING 5 CAP REPLACEMENT
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Designer
16-0138 MARLESTA DRIVE/BEAGLE
STREET 20A
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Designer
C211 DESIGN AND SURVEY
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Designer
C520 DESIGN AND SURVEY
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Designer
C470 DESIGN AND SURVEY
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Designer
C908 DESIGN AND SURVEY
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Designer
C73 DESIGN AND SURVEY
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Designer
CLIFF HOWELL
Overhead Engineering Design
Cliff has 12 years of experience providing services to the utility industry. In his current role he designs and prepares construction orders related to overhead, underground facilities; associated with electric distribution systems applying prescribed standards, guides, specifications and procedures. He is also responsible for preparing computer assisted design and construction drawings of a complex nature with neatness and a minimum of errors, design services requiring a full understanding of drawings, specifications, and industry and company standards covering the assigned work, and preparation of engineering calculations (pole loading, guying, transformer sizing, load studies).
Project Experience
EXPERIENCE
12 years (8 with NV5)
REGISTRATIONS
San Diego Gas & Electric
Qualified Applicant Designer
(Underground Electrical Design,
Overhead Electrical Design, and
Gas Design), 2018
San Diego Gas & Electric O-Calc
Certified, 2018
EDUCATION
AA, Construction Management,
Mesa Community College
Cuyamaca College & San Diego
Gas & Electric Utility Design
Distribution (Pilot Program)
International Brotherhood
of Electrical Workers (IBEW)
Apprenticeship, 2005
SOFTWARE
Esrl ArcGIS 9
Microsoft Office Suite
Archibus
DPSS
Workload Management - WLM
SAP
Silverlight GIS
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STAFF RESUMES AND ORGANIZATION CHART
JAMES PASQUAN
Overhead Engineering Design
EXPERIENCE
19 years (19 with NV5)
REGISTRATIONS
SDG&E Certified UG Electric
Designer
SDG&E Approved Gas Designer
SCE Qualified Applicant Designer
EDUCATION
Drafting/Occupational
Competency & Architectural
Drawing,
Palomar College
SOFTWARE
Autocad 2000-2018
Adobe
Bluebeam
Microsoft Office Suite
DIMP 643632 REN 2185FT-2IN PE
SAN DIEGO GAS & ELECTRIC | SAN DIEGO,
CA
Designer
DIMP 582031 REN 4931FT-2IN PE
AND 110 SVCS - WOOSTER DR - OC
SAN DIEGO GAS & ELECTRIC | SAN DIEGO,
CA
Designer
DIMP 651054 REN 1623FT-3INPE
SAN DIEGO GAS & ELECTRIC | SAN DIEGO,
CA
Designer
C73 DESIGN + SURVEY
SAN DIEGO GAS & ELECTRIC | SAN DIEGO,
CA
Designer
MIDCOAST CONTRACT WORK
SAN DIEGO GAS & ELECTRIC | SAN DIEGO,
CA
Designer
3ROOTS - CARROLL CANYON
LENNAR HOMES | SAN DIEGO, CA
Designer
EL PASEO TENTATIVE TRACT 20082
KB HOME | FONTANA, CA
Designer
TRACT 36779
MCKELLAR MCGOWAN LLC | LA JOLLA, CA
Designer
CITRUS GLEN
KB HOME | LOMA LINDA, CA
Designer
NEIGHBORHOOD 1 & 2 BRIDGES
APARTMENT SITE
ANTON DEVCO, INC. | MURRIETA, CA
Designer
James has 16 years of dry utility drafting & design experience in drafting & design for SCE & SDG&E residential, commercial and public works electric & gas distribution systems, design and draft dry utility composite drawings including, telco, CATV, fiber, & other communication utilities, and conduct field inspections & structure verification for various projects.
Project Experience
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STAFF RESUMES AND ORGANIZATION CHART
POLE LOADING COMPLIANCE
PROGRAM (PLCP)
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Team Lead/Designer II
DRONE INVESTIGATION AND REPAIR
(DIAR) PROGRAM
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Team Lead/Designer II
C1162, BD: NEW C1162 PHASE 1
PLAN B
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Team Lead/Designer II
PB1, PB: RECONDUCTOR PB1 & PB5
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Team Lead/Designer II
ESH 0445 GROUP 3
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Team Lead/Designer II
AM1, AM: CUTOVER TO C166
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Team Lead/Designer II
C1162, BD: NEW C1162 PHASE 1
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Team Lead/Designer II
C0222 GROUP 2 PHASES F - L
ENGINEERING
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Team Lead/Designer II
WEE MOBILE HOME PARK
SAN DIEGO GAS & ELECTRIC |
SAN DIEGO, CA
Team Lead/Designer II
Nicholas has 10 years of engineering experience including providing leadership for the planning, development, and implementation of large-scale, major strategic business and technology projects and is responsible for managing a team of 17 engineers across multiple ESH programs including DIAR, EDP, SUG, and PLCP and for managing and tracking analytics for PLS-CADD and O-CALC Engineering Teams. He creates and implements process documentation to increase efficiency across programs and provides efficient project scoping to ensure stakeholders requests are completed within specified timelines and on budget.
Nicholas applied pole loading analyses and design using Osmose O-Calc Pro, PLS-CADD, and SPIDAcalc, performs QA/QC on O-Calc/PLS-CADD analyses to ensure it meets SDG&E standards, and works directly with engineers to provide training and foster future development. He prepares drawings and documentation for construction of distribution line projects, as well as provides client-facing support to SDG&E for the PLCP program.
Project Experience
NICHOLAS WEARY
Overhead Engineering Design
EXPERIENCE
10 years (4 with NV5)
REGISTRATIONS
SDG&E OH Qualified Designer
Program
EDUCATION
AS, Mathematics & Natural
Science Computer Science,
Grossmont Community College
SOFTWARE
Osmose O-Calc Pro
PLS-CADD
SPIDAcalc
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STAFF RESUMES AND ORGANIZATION CHART
Luanne brings over 35 years of expertise in the engineering, design, and construction of capital improvement projects. As a Registered Civil Engineer and former Class A General Engineering Contractor, she offers a unique perspective on construction from both the design and execution sides.
Her technical proficiency spans the preparation of engineering plans, specifications, and cost estimates, as well as construction management and program management for facilities, streets, water, wastewater, and related infrastructure projects.
Project Experience
CROWTHER SANITARY SEWER PIPELINE REPLACEMENT
CITY OF PLACENTIA | PLACENTIA AND FULLERTON, CA
Construction Manager. Ms. Bean oversaw the Construction Management and Inspection Services as the Construction Manager for this project, which includes replacement of approximately 7,400 LF of gravity sewer pipeline in Crowther Avenue, Placentia Avenue, and Orangethorpe Boulevard, located within the Cities of Placentia and Fullerton. The work involved installation of 15-inch, 18-inch, and 22-inch PVC and fused HDPE sewer pipeline and manholes. The work also included reconnection into all of the existing gravity mains and service laterals with a terminus tie-in connection at the existing Orange County Sanitation District’s trunk line on State College Boulevard. The project, which included an encasement crossing underneath the 57 freeway in Caltrans right-of-way, involved coordination with multiple agencies, including Caltrans, the Orange County Sanitation District, Golden State Water, Department of Health Services, the City of Fullerton, and other utility and governmental agencies. Working in high-traffic areas, as well as a jack-and-bore crossing underneath the Orange County Flood Control District’s flood control channel and a jack-and-bore crossing underneath the BNSF railroad, and multiple crossings of Southern California Gas Co.’s high-pressure gas feeder, were among the project’s challenges. NV5 also provided materials testing services for this project.
ARANTINE HILLS SEWER AND WATER INFRASTRUCTURE PROJECTS
CITY OF CORONA | CORONA, CA
Project Manager/Construction Manager. Ms. Bean oversaw the construction management and inspection services for the $14.7M, three-phase Arantine Hills sewer and water improvement projects to provide the necessary infrastructure for the Arantine Hills Development project. The project involved the construction of a buried cast-in-place sewer lift station with above-grade controls. This was connected to a second project to construct the sewer force main with fused HDPE pipe via conventional open trench and trenchless jack-and-bore sewer construction along arterial streets and Caltrans ROW, forming 4 miles of pipeline.
Relocation of 3,300 LF of potable water line also was required to install the new force mains. A third project managed simultaneously was the construction of the California Avenue Sewer at a depth of 25 feet below grade. All three projects were to be completed together for the final and finished sewer lift station to function.
LUANNE BEAN, MS, PE
Construction Management
EXPERIENCE
35 years (8 with NV5)
REGISTRATIONS
Registered Professional Engineer,
Civil: CA #50129
Former Class A General
Engineering Contractor
FEMA OPS - I
HAZMAT First Responder/
Operations Level
DOT Offers of Bulk and Non-Bulk
HAZMAT Packages
Nuclear Waste Safety
for Workers
SCRRA Safety Trained
Confined Space Entry Trained
EDUCATION
MS, Civil Engineering
BS, Civil Engineering
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Project Experience Continued
DIVERSION PIPELINE
CITY OF CULVER CITY | CULVER CITY, CA
Project Manager/Construction Manager. Ms. Bean oversaw
the construction management, inspection and engineering services for the construction of sewer main diversion pipes reversing sewer flow via conventional cut and cover as well as trenchless jack and bore methods to abandon Mesmer and
Overland Sewer Pump Stations. This also involved extensive permits and coordination with Caltrans, the City of Los Angeles, and the City of Culver City for these jack and bore pipelines underneath the I-405 and Route 90. The goal of the project was to divert flows from four of the City’s sewer pump stations to a new sewage pump station, Bankfield Station, which is another project in which NV5 provided construction management and inspection services during construction.
SEPTIC-TO-SEWER PROJECT, PHASE II
HI-DESERT WATER DISTRICT | YUCCA VALLEY, CA
Senior Construction Manager. NV5 is serving as the Owner’s Representative and providing Construction Management
services for Phase II of the District’s Septic-to-Sewer project in Yucca Valley. Identified by the Regional Water Quality Control Board as a priority area, the Town is transitioning from septic systems to a centralized wastewater system. Following Phase I, which established the initial collection and treatment infrastructure, Phase II will expand the system to serve approximately 1,900 parcels with 170,000 feet of gravity pipelines. NV5’s role includes project management, funding support, procurement assistance for the progressive designbuild team, peer review, technical oversight, and construction inspection. The project, with an estimated construction cost over $64M, is expected to be completed by the end of 2025.
AZUSA SEWER LIFT STATION UPGRADE PHASE II SITE
IMPROVEMENT
CITY OF WEST COVINA | WEST COVINA, CA
Construction Manager. Ms. Bean is serving as Construction Manager for the Azusa Sewer Lift Station Upgrade Phase II Site Improvement project. Our team is providing construction management and inspection services for the project, which includes upgrading existing sewer pumps, equipment,
controls, conduits wiring and appurtenances; storage capacity to provide backup emergency power in the event of power outages to mitigate risk of sewer system overflow; and SCADA monitoring that will provide feedback of pump disposition fluid levels, air system, alarms and additional information.
CALIFORNIA AVENUE SEWER MAIN
CITY OF CORONA | CORONA, CA
Project Manager/Construction Manager. As part of the
Arantine Hills Sewer projects, Ms. Bean oversaw the
construction management and inspection services on the
California Avenue Sewer Main project, which consisted of nearly 9,000 LF of sewer main up to 24 feet deep within the congested City streets. After initial potholing, some extensive field rework was required to fit the sewer line into the City streets due to unforeseen conflicts not originally shown on the plans. These conflicts were found during potholing and necessitated going back to the Department of Health for encroachment to the City’s potable water line with the new sewer construction. NV5 also has provided public outreach and full-time soils compaction testing for the cut-and-cover conventional trench and bore-and-jack construction through congested intersections. This project served the final
completed run connecting the Arantine Hills Lift Station to the Arantine Hills Force Main through this gravity interceptor, allowing conveyance of the City’s sewer to its downtown treatment plant. Upon completion of the project, the City planned to abandon other lift stations and smaller, aging wastewater treatment plants.
EMERGENCY PEARL AVENUE SEWER REPLACEMENT
CITY OF COMPTON | COMPTON, CA
Project Manager/Construction Manager. Ms. Bean lead
the team to provide a quick two-week design of City of
Compton’s failed Pearl Avenue sewer that was overflowing on an emergency basis. Ms Bean then spearheaded the
efforts for bids to the City on an emergency bid to obtain a Class A General Engineering Contractor, then recommended award the lowest responsive and responsible bidder.
During construction, Ms. Bean led the team in Construction Management and Inspection to support the City’s effort in the emergency replacement of 3,600 LF of failed 8-inch sewer main in a residential district with connections in a busy fourlane arterial roadway. Through Ms. Bean’s team efforts, start to finish, this project was completed in approximately three months.
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STAFF RESUMES AND ORGANIZATION CHART
John has 40+ years of experience in the utility industry providing construction, project management, and planning for a wide variety of utility projects.
Project Experience
ENGINEERING, DESIGN, AND SUPPORT
CITY OF RANCHO CUCAMONGA | RANCHO CUCAMONGA, CA
Inspector - Municipal utility planning, design, and engineering services for underground electric distribution system, electric transmission circuit planning and design, substation planning, mapping and records keeping, and construction inspection services. John works with the developer and field personnel to inspect the new installation of electric facilities to confirm they are abiding by City standards. He also coordinates field meetings and maintains records for completion of project sites by working closely with the construction supervisors, NV5 Principal, and City staff.
ENGINEERING, DESIGN, AND SUPPORT
CITY OF INDUSTRY | CITY OF INDUSTRY, CA
Inspector - Municipal utility planning, design, and engineering services for underground electric distribution system, private telecommunications substructure system, electric transmission circuit planning and design, substation planning, mapping and records keeping, and construction inspection services. John works with the City staff to assist with the coordination of new business meter installation, building and safety releases, field coordination with inspections, and assisting the NV5 Principal with day to day management effort. John works with the developer and field personnel to inspect the new installation of electric facilities to confirm they are abiding by City standards. John coordinates field meetings and maintains records for completion of project sites by working closely with the construction supervisors, NV5 Principal, and City staff.
ENGINEERING, DESIGN, AND SUPPORT
CITY OF CORONA | CORONA, CA
Inspector - Municipal utility planning, design, and engineering services for underground electric distribution system, private telecommunications substructure system, electric transmission circuit planning and design, substation planning, mapping and records keeping, and construction inspection services. Services also included providing cost estimates and feasibility studies, providing city staff functions for new customer coordination and negotiations, policy development, on-call emergency call out staffing, and construction inspection services. John works with the City staff to assist with the coordination of new business meter installation, building and safety releases, field coordination with inspections, and assisting the NV5 Principal with day to day management effort. John works with the developer and field personnel to inspect the new installation of electric facilities to confirm they are abiding by City standards. John coordinates field meetings and maintains records for completion of project sites by working closely with the construction supervisors, NV5 Principal, and City staff.
JOHN OATES
Construction Inspection
EXPERIENCE
40+ years (21 with NV5)
REGISTRATIONS
Electrical C-10 License
NABCEP Solar Certification
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H. ADDITIONAL INFORMATION
30. PROVIDE ANY ADDITIONAL INFORMATION REQUESTED BY THE AGENCY. ATTACH ADDITIONAL SHEETS AS NEEDED.
NV5 PROJECT MANAGEMENT APPROACH
NV5 applies a structured, transparent, and outcomesfocused project management approach to ensure scope, schedule, cost, and quality objectives are met. We assign a dedicated Project Manager as single point of contact and use a Work Breakdown Structure (WBS) within our project financial trackers to align tasks, responsibilities, deliverables, and acceptance criteria across design and delivery teams.
Change control, risk registers, and an issues escalation path are in place from project initiation through closeout.
OVERALL METHODOLOGY
We follow a phased lifecycle (Initiation → Planning →
Design/Execution → Closeout) with iterative checkpoints and gated reviews at key milestones. The PM integrates
technical leads, discipline managers, client representatives, and construction/quality assurance resources into crossfunctional teams to accelerate issue resolution and reduce rework. Collaboration tools (Teams, SharePoint) and defined meeting cadences (weekly design reviews, biweekly client updates, monthly executive reviews) keep communication
disciplined and timely.
QUALITY ASSURANCE/QUALITY CONTROL
Quality is done by a robust Quality Assurance/Quality
Control (QA/QC) policy where technical leads have a tracked procedure to do a final cold-eye review after both selfreview and manager review. Our QA/QC process includes standardized checklists, deliverable-specific review
templates, logged review records, and non-conformance
tracking. Technical leads sign off on final submittals; lessons learned from each review are captured and fed back into project procedures to continuously reduce risk.
COST CONTROL
Cost control is done via financial software by reporting to designers weekly and utilizing SharePoint for cross-team visibility. We maintain a project budget baseline and perform weekly cost-to-date vs. budget reporting, forecast updates, and variance analysis. Change orders and potential cost impacts are captured through the change-control workflow and communicated immediately to the PM and client so
mitigation options are enacted early.
SCHEDULE CONTROL
Schedule control is set with a Gantt chart, with milestones tracked throughout the project life cycle process via Teams for visibility for the entire team. A baseline schedule is established in planning, critical-path activities are monitored, and progress updates are posted weekly. We track percent complete at the task level, monitor float and slippage, and deploy recovery actions when milestones drift.
PROJECT TRACKING & PERFORMANCE
MONITORING
Performance monitoring includes tracking KPI’s for schedule and budget. We supplement those KPIs with earned-value
metrics, milestone adherence, and quality indicators (review cycle times, open non-conformances). Real-time dashboards provide PMs and stakeholders visibility into schedule
performance and cost performance.
PROGRESS REPORTING PROCEDURES
Regular reporting includes a concise weekly progress
brief to the design team, a formal monthly progress report (summarizing schedule, cost, risk, quality, and action items), and milestone release packages. All reports, key documents, and versioned deliverables are stored in SharePoint with controlled access; Teams is used for immediate notifications and meeting artifacts. This combination of disciplined
process, tool-enabled visibility, and accountable technical leadership ensures predictable delivery and high client confidence.
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PROJECT MANAGEMENT APPROACH
SCOPE OF WORK
NV5 will provide on-call professional electrical engineering design services to support the City of Rancho Cucamonga’s Capital Improvement Program and other RCMU-directed
projects during the term of the contract. Our services will be provided on an as-needed basis and may range from shortduration technical reviews and consultation to full project design support from concept through construction.
NV5 will provide services tailored to each task assignment, which may include the following:
ELECTRICAL ENGINEERING DESIGN AND
PLAN PREPARATION
NV5 will prepare electrical design plans, exhibits,
calculations, technical memoranda, specifications, and
supporting design documentation for RCMU projects. Design services may include roadway lighting, utility coordination, underground electrical facilities, service coordination, power distribution, dry utility coordination, electrical infrastructure planning, and related electrical improvements required
for public works, transportation, facility, and infrastructure projects.
PROJECT SCOPING AND DESIGN
DEVELOPMENT
For each task assignment, NV5 will work with RCMU staff to confirm project objectives, available background information, anticipated constraints, schedule requirements, deliverables, and level of design effort. NV5 will assist RCMU in defining the appropriate design approach early in the process to reduce rework, identify utility or constructability concerns, and align deliverables with RCMU’s intended project
outcome.
STANDARDS COMPLIANCE
NV5 will prepare work in accordance with applicable RCMU standards, RCMU specifications, project bid documents,
special provisions, Caltrans standards and manuals, the Standard Plans for Public Works Construction, the Standard Specifications for Public Works Construction, San Bernardino County Surveyor requirements, and other applicable state and local requirements. NV5 will also coordinate with RCMU to confirm any project-specific criteria, utility standards, or agency requirements that may apply.
CIVIL 3D/AUTOCAD DELIVERABLES
NV5 will prepare and submit design data, drawings, and
related deliverables in Civil 3D and/or AutoCAD format
as required by RCMU. Deliverables will be developed with attention to drafting consistency, constructability, and ease of use by RCMU staff, contractors, and other project stakeholders.
CONSTRUCTION SUPPORT SERVICES
NV5 will provide construction-phase engineering support as requested by RCMU. This may include responding to
RFIs, reviewing material submittals, shop drawings, and test results, attending meetings, performing site visits, evaluating field conditions, reviewing contractor questions, and assisting RCMU with technical recommendations during construction.
ELECTRICAL CONSULTATION AND
TECHNICAL SUPPORT
NV5 will provide consultation to RCMU staff on electrical design matters, project feasibility, utility coordination, cost considerations, constructability, design alternatives, and technical issues that may arise during planning, design, bidding, or construction.
CIVIL ENGINEERING SUPPORT SERVICES
NV5 provides comprehensive civil engineering support
services to complement on-call electrical design,
delivering coordinated, constructible solutions across
disciplines. Services span substation site civil design and related infrastructure, such as grading, drainage,
stormwater management, access roads, retaining walls,
roadway improvements, and wet and dry utility design and coordination, supporting projects from planning through construction.
QUALITY CONTROL AND
CONSTRUCTABILITY REVIEW
NV5 will perform internal quality control reviews appropriate to the size and complexity of each assignment. Reviews will focus on technical accuracy, compliance with applicable standards, completeness of deliverables, coordination
with other disciplines, and constructability. NV5’s team approach allows senior technical staff to review key design assumptions and identify potential issues before deliverables are submitted to RCMU.
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5.1 ELECTRICAL ENGINEERING DESIGN AND SUPPORT
TECHNICAL APPROACH
NV5 understands that on-call assignments require
responsiveness, flexibility, and clear communication. Our approach is built around providing RCMU with the right
technical resources for each assignment, confirming scope and expectations early, and delivering practical, constructible work products that support RCMU’s project goals.
1. TASK ORDER KICKOFF AND SCOPE
CONFIRMATION
Upon receipt of a task assignment, NV5 will coordinate with RCMU’s project manager to confirm the project purpose,
available background information, required standards,
anticipated schedule, deliverables, and any known risks or constraints. This initial coordination allows NV5 to develop a clear work plan and identify the appropriate personnel needed to complete the assignment efficiently.
2. EARLY IDENTIFICATION OF CONSTRAINTS
NV5 will review available mapping, record drawings, utility information, site data, agency requirements, and project documents to identify potential design constraints early.
These may include utility conflicts, access limitations, right-of-way constraints, constructability concerns,
agency coordination needs, schedule risks, or incomplete background information. Early identification allows RCMU to make informed decisions before design work advances too far.
3. PRACTICAL AND CONSTRUCTIBLE
DESIGN SOLUTIONS
NV5’s design philosophy is to develop solutions that are technically sound, cost-conscious, and constructible. Our team brings experience in utility design, civil coordination, construction support, and public agency projects, allowing us to evaluate not only whether a design meets standards, but also whether it can be built efficiently in the field.
4. COORDINATION WITH RCMU STAFF AND
PROJECT STAKEHOLDERS
NV5 will maintain regular communication with RCMU staff throughout each assignment. When required, NV5 will
coordinate with other consultants, utility owners, Caltrans, San Bernardino County, contractors, developers, and other project stakeholders to resolve design issues and maintain project progress.
Meeting notes, action items, and design decisions will
be documented as needed to support clear project
communication.
5. DELIVERABLE DEVELOPMENT AND
REVIEW
NV5 will prepare drawings, calculations, specifications, estimates, exhibits, and other deliverables in accordance with RCMU’s direction and the applicable project
requirements. Prior to submittal, deliverables will be reviewed for technical accuracy, drafting consistency, completeness, and compliance with applicable standards.
6. SCHEDULE MANAGEMENT AND
RESPONSIVENESS
NV5 understands that the duration of assignments may vary from one day to the full term of a project. Our team will scale resources to match RCMU’s needs and will identify schedule concerns early when input from others, utility coordination, field information, or agency reviews may affect delivery.
NV5’s project manager will serve as the primary point of contact and will coordinate internal resources to maintain timely performance.
7. CONSTRUCTION-PHASE SUPPORT
During construction, NV5 will provide responsive support to help RCMU resolve field issues, RFIs, submittal questions, and contractor coordination items. Our goal is to provide timely, practical recommendations that support construction progress while maintaining compliance with the approved design and applicable standards.
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5.1 ELECTRICAL ENGINEERING DESIGN AND SUPPORT
8. COMMITMENT TO RCMU’S BEST
PRODUCT
NV5’s approach is focused on delivering a complete,
coordinated, and usable work product for RCMU. We
understand that successful on-call support requires
more than preparing drawings. It requires proactive
communication, practical engineering judgment,
quality control, constructability awareness, and a clear understanding of public agency project delivery. NV5 will bring these elements together to support the City of Rancho Cucamonga’s projects from planning and design through
construction completion.
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5.1 ELECTRICAL ENGINEERING DESIGN AND SUPPORT
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AGREEMENT FOR
DESIGN PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 1 day of August, 2026, by and between the City of Rancho Cucamonga, a municipal corporation (“City”) and TRC Solutions, Inc., a Corporation (“Consultant”).
RECITALS
A. City has heretofore issued its request for proposals to perform the following design professional services: Electrical Engineering Design and Support (“the Project”).
B. Consultant has submitted a proposal to perform the professional services described in Recital “A”, above, necessary to complete the Project.
C. City desires to engage Consultant to complete the Project in the manner set forth and more fully described herein.
D. Consultant represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner.
AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows:
1. Consultant’s Services.
1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Consultant to perform all technical and design professional services described in Recitals “A” and “B” above, including, but not limited to all aspects of electrical engineering design and support, all as more fully set forth in the Consultant’s proposal, dated May 14, 2026 and entitled “Scope of Work”, attached hereto as Exhibit “A”, and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Consultant are set forth in the Scope of Work and are referred to herein as “the Services.” In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control.
1.2 Revisions to Scope of Work. Upon request of the City, the Consultant will promptly meet with City staff to discuss any revisions to the Project desired by the City. Consultant agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a City of Rancho Cucamonga
CONTRACT NUMBER
2026-147
ATTACHMENT 2
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revision or revisions to Consultant’s compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Consultant by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City’s City Manager without amendment.
1.3 Time for Performance. Consultant shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a “Schedule of Performance”, if such Schedule is attached hereto as Exhibit “A”.
1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing the Services.
1.5 Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the City Representative.
2. Term of Agreement. The term of this Agreement shall be five (5) years and shall become effective as of the date of the mutual execution by way of both parties’ signature (the “Effective Date”). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled.
Parties to this Agreement shall have the option to renew in two (2) year increments to a total of seven (7) years, unless sooner terminated as provided in Section 14 herein. Options to renew are contingent upon the City Manager’s approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City.
3. Compensation.
3.1 Compensation. City shall compensate Consultant as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Consultant shall not exceed $700,000 (Seven Hundred Thousand Dollars), including all out of pocket expenses, unless additional compensation is approved by the City Council. City shall not
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withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Consultant be entitled to compensation for services not yet satisfactorily performed.
The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Consultant for any authorized extra services as set forth in Exhibit A.
4. Method of Payment.
4.1 Invoices. Consultant shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California.
4.2 City shall review such invoices and notify Consultant in writing within ten (10) business days of any disputed amounts.
4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3.
4.4 All records, invoices, time cards, cost control sheets and other records maintained by Consultant relating to services hereunder shall be available for review and audit by the City.
5. Representatives.
5.1 City Representative. For the purposes of this Agreement, the contract administrator and City’s representative shall be Trina Valdez, or such other person as designated in writing by the City (“City Representative”). It shall be Consultant’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Consultant shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.
5.2 Consultant Representative. For the purposes of this Agreement, Gelena Buford, Project Manager is hereby designated as the principal and representative of Consultant authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Consultant’s Representative”). It is expressly understood that the experience, knowledge, capability and reputation of the Consultant’s Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Consultant’s Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient
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time to personally supervise the services hereunder. Consultant may not change the Responsible Principal without the prior written approval of City.
6. Consultant’s Personnel.
6.1 All Services shall be performed by Consultant or under Consultant’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City’s Municipal Code.
6.2 Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4.
6.3 Consultant shall be responsible for payment of all employees’ and subcontractors’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
6.4 Consultant shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6.
7. Ownership of Work Product.
7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Consultant in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, “Work Product”), are considered to be “works made for hire” for the benefit of the City. Upon payment being made, and provided Consultant is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Consultant. In the event of the return of any of the Work Product to Consultant or its representative, Consultant shall be responsible for its safe return to City. Under no
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circumstances shall Consultant fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Consultant and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City’s reuse of the Work Product for any purpose other than the Project, shall be at City’s sole risk.
7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Consultant shall be deemed to grant and assign to City, and shall require all of its subcontractors to assign to City, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Consultant shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law.
City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project.
7.3 Title to Intellectual Property. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions.
Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City’s use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes noninfringing. This covenant shall survive the termination of this Agreement.
8. Status as Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant shall pay all required taxes
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on amounts paid to Consultant under this Agreement, and to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement.
Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees.
9. Confidentiality. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Consultant to defend itself from any legal action or claim.
10. Conflict of Interest.
10.1 Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.
10.2 Consultant further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.
10.3 Consultant has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant
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shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in subsection 10.1.
11. Indemnification.
11.1 Design Professional Services. To the fullest extent permitted by law, the Consultant shall, at its sole cost and expense, indemnify, defend, and hold harmless the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 11.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, stop notices, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of the Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for which or whom the Consultant shall bear legal liability) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined in California Civil Code § 2782.8(c). The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement. Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant’s proportionate percentage of fault.
11.2 Other Indemnities. With respect to claims and liabilities which do not arise in connection with the performance of professional services by a “design professional”, as that term is defined in California Civil Code Section 2782.8(c), including, but not limited to, those claims and liabilities normally covered by commercial general and/or automobile liability insurance, and to the maximum extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, stop notices, and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Damages”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual for which or whom Consultant shall bear legal liability) in the performance of this Agreement, except to the extent the Damages arise from the active or sole negligence or willful misconduct of any of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the
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Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs as they are actually incurred in connection with such defense.
Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement.
. 11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
11.4 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant.
11.5 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against Consultant shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.
12. Insurance.
12.1 Liability Insurance. Consultant shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Consultant, and/or its agents, representatives, employees and subcontractors.
12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto). (3) Worker’s Compensation insurance as required by the State of California, and Employer’s Liability Insurance.
(4) Professional Liability insurance in a form approved by the City, having an extended reporting period of not less than
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three (3) years after completion of the Services which shall provide protection against claims of professional
negligence arising out of Consultant’s performance of the Services and otherwise complying with all applicable
provisions of this Section 12. The policy shall be
endorsed to include contractual liability to the extent insurable.
12.3 Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage.
Commercial General Liability Insurance with a general
aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit.
(2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
(3) Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers’
Compensation Insurance in the amount required by law.
(4) Professional Liability: $1,000,000 per claim/aggregate. (5) The Insurance obligations under this agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum insurance requirements shown in this Agreement. Any insurance proceeds in
excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City.
No representation is made that the minimum insurance
requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement.
12.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements.
12.5 Other Insurance Provisions.
(1) The commercial general liability and automobile liability policies are to contain the following provisions on a
separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and
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agents serving as independent contractors in the role of City officials as additional insureds as respects: liability arising out of activities performed by or on behalf of
Consultant; products and completed operations of
Consultant; premises owned, occupied or used by
Consultant; and/or automobiles owned, leased, hired or
borrowed by Consultant. The coverage shall contain no
limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured.
(2) For any claims related to this Agreement, Consultant’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of City or officials. Any insurance or selfinsurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as
independent contractors in the role of City officials shall be excess of Consultant’s insurance and shall not contribute with it.
(3) 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. (4) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first class mail has been given to City (ten (10) days prior written notice for non-payment of premium). Consultant shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance
coverage as specified herein.
(5) Each insurance policy, required by this clause shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials.
(6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated
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A:VII or better according to the most recent A.M. Best Co.
Rating Guide.
(7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided.
(8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits.
(9) Contractor shall provide any and all other required insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement.
12.6 Evidence of coverage.Prior to commencing performance under this Agreement, the Consultant shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf.
All endorsements or policies shall be received and approved by the City before Consultant commences performance. If performance of this Agreement shall extend beyond one year, Consultant shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance.
12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor’s work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any subsubcontractor.
13. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation that City might require. City shall compensate Consultant for any litigation support services in an amount to be agreed upon by the parties.
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14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Consultant. In the event City exercises its right to terminate this Agreement, City shall pay Consultant for any services satisfactorily rendered prior to the effective date of the termination, provided Consultant is not then in breach of this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party.
Consultant may terminate this Agreement for cause upon giving the City ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes.
15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant’s and City’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section.
All notices shall be addressed as follows:
If to City: City of Rancho Cucamonga
Attn: RCMU
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
If to Consultant: Gelena Buford, Project Manager
TRC Solutions, Inc.
6 Executive Circle, Suite 200
Irvine, CA 92614
16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
17. Assignment and Subcontracting. Consultant shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Consultant’s
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obligations hereunder without City’s prior written consent. Except as provided herein, any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18 Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Consultant performs the Services. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the Project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
20. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs of experts.
21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court.