Typical Work Schedule
1. Team Lead looks over all provided project information and confirms all information scope
2. EN will host a project kickoff meeting with the city to confirm scope and deliverables
3. Design Manager will assign work to engineers and designers
4. EN will schedule site visit to obtain and verify all field data
5. EN will dispatch a field technician to the city service territory for field noting
6. EN will update all current drawings with collected field data
7. Review field data with the city
8. If necessary, EN will schedule follow up field visits to ensure design validation
9. Upon completetion of the design, EN will submit a pdf document of the design and design inventory report as requested by the City
10. Upon the City’s review, EN will make any required revision and resubmit the design package
11. EN will respond to construction field changes and will be available for construction walks/review meetings
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ASSUMPTIONS & CLARIFICATIONS
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Assumptions & Clarifications
RFP Q&A Clarifications
EN is providing a proposal per
1. City of Rolling Hills Request for Proposal, Section 2 - Scope of Work published on 10/30
2. RFP answers published from the city on 11/14
Funding
The Federal Emergency Management Agency (FEMA) approved a subaward application in the amount of $2,629,176. 75% ($1,971,882.00) is covered by the federal grant and 25% ($657,294) is a local match utilizing Rule 20A credits. This amount must cover the entire project.
To date approximately $1.15 million has been expended including utility designs, potholing, and consultant fees.
Environmental Compliance
Environmental compliance is part of the overall project and the responsibility of the vendor. Per RFP documents, FEMA made environmental assessments and cleared the project with minor exceptions prior to subaward approval. The City of Rolling Hills is responsible for ensuring that the bid documents and the project execution meets the requirements so as not to trigger any additional NEPA requirements. Engineering design should be cognizant of these in design of conduit(s) to residences, but overall compliance monitoring is not part of the scope.
Traffic Control Plans (TCP)
The eventual bid selected contractor would be responsible for TCP. Engineering Design consultant would need to include this requirement in the project specifications / cost estimate for construction.
Panel Relocation Fee
Panel Relocation vs Conversion needs to be determined with the property owner and City.
Include a fee for both.
Cost Estimates
Based on the RFP description, Cost Estimates included in the proposals is limited to two submittals. Additional cost estimates can be provided at additional cost. Cost Estimate assumes that City has pricing provided for existing and new equipment. Market research and material decisions can be provided at an additional cost.
Permitting
Project is federally funded (grant), therefore would fall under NEPA. The grant includes a Record of Environmental Considerations. No further permitting or approval is anticipated.
Compliance will be monitored during the construction phase.
Project Administration & Meetings
Cost proposal includes the meetings per the RFP Section 2 – Scope of Services. EN will send a representative to attend monthly coordination meetings/other meetings as follows; meetings (12 total meetings):
a) Scoping/Kick-off (1)
b) Monthly Coordination Meetings (6)
c) Stakeholders - Final Design (2)
d) City Council (1)
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e) City Staff (2)
Additional meetings and travel expenses will be managed through a change order process.
Entrust utilizes Microsoft Planner for scheduling purposes. The use of alternative scheduling software may result in additional licensing fees.
Bid Documents
Bid documents to be completed as described in this Proposal are limited to items in the Standard Bid Package Document and response and answer questions in the original Bid Timeframe. Any extensions, additional revisions to Bid or additional documents requirement can be completed at an additional cost.
Professional Services Agreement
EN has reviewed the City’s Professional Services Agreement (RFP Attachment 7 - Sample Professional Services Agreement) and proposes the updates as outlined in the separately submitted “PSA GR_OES_241030_Eastfield_UU_20B_Engineering_EN Edits 11.6.24”.
We look forward to discussing our proposal with the City and are open to finding an agreement that works for both parties.
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QUALIFICATIONS, CREDENTIALS
AND EXPERIENCE
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Qualifications
Per the scope of work, EN would like to highlight some of our qualifications related to the Scope of Work (Tasks 1-7).
Project Administration/Project Management
EN has a dedicated Project Management Organization, not included in the 140+ Pacific Electric team, which supports utilities and municipalities. EN is experienced and prepared to provide the required construction and project management required for this project. EN has extensive experience of the electric distribution space, with the emphasis on joint use, fiber optic/telecommunication design, system expansion, reinforcement, and modernization. Our team is adept at handling every phase of the project lifecycle, ensuring a seamless and efficient process. The project managers have expertise in planning, execution, and monitoring, ensuring projects are completed on time, within budget, and to the highest standards. They work closely with the client’s team to address any challenges that arise and maintain effective communication among all stakeholders.
Engineering & Design
EN Engineering currently performs strategic UG designs for utilities in CA thus understanding the challenges related to this type of work and the impact on residents. Our seasoned designers and project managers are prepared to provide detailed and consistent support for both design and project management.
Electric Distribution Design
EN has experience in analyzing, engineering, and designing utility-grade distribution systems and associated technologies, including overhead, underground, and network distribution systems. Our services encompass the entire electric distribution spectrum, with a focus on system expansion, reinforcement, repair, and modernization.
Design scopes that EN has experience in include, but are not limited to:
• Overhead to UG Conversions
• Overhead Reconductoring and Capacity Expansions
• 4kV Conversions
• Grid Modernization Design, such as recloser, voltage regulators, and automated switchgear designs
• Electric Vehicle Infrastructure Design, Consulting, and Engineering • Downtown Network Design and Inspection
• Manhole, Vault, and Duct Bank Design
• Underground Residential Distribution (URD) Design
• DOT Upgrades
• Pole Inspection and Replacement
• Transmission Underbuilds
• Overhead to Underground Conversions
• Joint Attachment and Make-Ready Coordination and Design • New Service Installations
• Utility GIS Mapping
• Permitting, including City, State, Federal, FAA, Water, Railroad crossings, etc. • Pole Modeling, utilizing Poleforeman, O-Calc, SPIDAcalc, PLS suite, SAG10, and similar programs
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• Familiarity with utility asset management and design systems, including Maximo, Bentley Expert Designer and BOUD, G-Tech, STORMS, Powerplan, Atlas, and similar programs While our design capabilities are broad, our process is often the same. • Field Inspection - The foundation of a successful design is a thorough field inspection.
We visit all job sites to conduct a detailed review of existing infrastructure, potential conflicts, and safety concerns.
• Scope and System Review - The scope is reviewed for any issues with coordination and constructability. Any concerns are promptly raised with the utility engineering and planning teams for resolution.
• Long-Lead Task Coordination - EN identifies critical design elements that may cause construction delays and addresses them early in the process. This includes long-lead material ordering and complex permits, like FAA, railroad, or environmental permits. • Design - After resolving all potential conflicts, we complete the design and bill of materials using the utility’s standards and preferred design tools. Every design undergoes a comprehensive quality review.
• Customer Engagement - For projects directly impacting customers, early communication is essential. We collaborate closely with clients on service work, easement acquisition, and vegetation notifications.
• Construction Support - EN continues to support the project through the construction phase, often staking jobs, attending construction kickoff meetings, and assisting construction crews with any questions or required changes.
Previous Relevant Project Experience
The programs listed below are currently active and are anticipated to continue at least through 2024. Currently, comprehensive data regarding the total budget and scope variance for these programs is unavailable.
1. Pacific Gas & Electric: 08W OH & UG Distribution Design Reference: Darren Cain
Email: [email protected]
Phone: (916) 622-8442
Date(s): 2018 - Present
Description: EN Engineering successfully completed a comprehensive utility distribution project for Pacific Gas & Electric, focusing on both overhead and underground systems. Key aspects of our work included:
1. Design Services:
• Our team provided design services for utility distribution projects spanning voltage levels from 2.4kV to 12kV.
• We meticulously followed client and state standards, ensuring compliance in all aspects of the design.
2. Distribution Line Design:
• EN Engineering designed efficient distribution lines, incorporating both overhead and underground components.
• Our scope included equipment installation, cable replacement, pole upgrades, and other assigned tasks.
3. Risk Mitigation:
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• In areas with high fire threat, we re-conducted distribution lines to meet safety standards set by the National Electrical Safety Code (NESC) and GO95. • Our focus was on minimizing wildfire ignition risk while maintaining system reliability.
4. Engineering Calculations:
• Our team performed detailed engineering calculations, including structural analysis of poles, guying, cable pulling, electric demand, transformer sizing, and voltage drop.
• Protective device coordination was integral to our designs.
5. Field Implementation:
• After client approval, we staked out projects in the field, adhering to specifications.
• Our electric crews pulled powerlines through conduits, made connections, and energized underground lines.
6. Leadership and Communication:
• EN Engineering provided leadership and guidance throughout the project. • We communicated regularly with clients to ensure alignment with project goals.
7. Project Management:
• Changes to project scope and schedule were managed effectively. • Sub-projects were delivered on time, within scope, and within budget.
2. Pacific Gas & Electric: 07D Pole Replacements Project Reference: Darren Cain
Email: [email protected]
Phone: (916) 622-8442
Date(s): May 2020 - Present
Description: EN Engineering successfully completed a critical project involving the replacement of utility poles, framing, services, and overhead electric equipment. Key aspects of our work included:
1. Scope:
• Our team focused on replacing aging utility poles and upgrading associated equipment.
• Each job required meticulous planning and accurate determination of material needs for pole and equipment replacements.
2. Construction Drawings and Design Packages:
• We prioritized accuracy and completeness in our submitted construction drawings and design packages.
• PG&E graded our deliverables based on their quality and adherence to specifications.
3. Meeting Deadlines:
• We recognized the importance of meeting project deadlines, whether flexible, rigid, or expedited.
• Our commitment ensured timely completion of each task.
4. Resource Utilization:
• We leveraged industry-standard tools:
o AutoCAD: Used for creating precise construction drawings. o O-Calc Pro: Employed in pole loading calculations, ensuring structural integrity.
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o SAP: Managed project logistics and schedules efficiently. o Proprietary Client Software: Enabled accurate mapping and information sharing.
5. Guides and Reference Material:
• Our team demonstrated expertise in locating and understanding relevant guides and reference materials.
• Whether provided by PG&E or created internally, we utilized this knowledge to enhance our deliverables.
6. Successful Deliverables:
• Our commitment to excellence resulted in successful submissions. • The quality of our work directly impacted on PG&E’s operations and reliability.
3. City of Palo Alto: Grid Modernization
Reference: Darren Numoto
Email: [email protected]
Phone: (650) 329-2488
Date(s): 2023 - Present
Description: EN Engineering is currently executing a critical grid modernization project to enhance electrical infrastructure within Palo Alto. The project’s primary focus is on improving reliability, capacity, and communication infrastructure. Project highlights include:
1. Objective:
• The project aims to prepare Palo Alto’s electric grid for full-scale electrification by 2030.
• Enhancing grid resiliency and reliability aligns with the city’s clean energy and decarbonization goals.
2. Scope of Work:
• Transformer Upgrades:
o EN Engineering is replacing the existing 1,413 single-phase pole-top transformers rated less than 50kVA.
o Approximately 1,400 new transformers, rated 50kVA or larger, will be installed.
o This upgrade facilitates 100% electrification of end uses in the Palo Alto community.
• Secondary Conductor Replacement:
o 296,300 circuit feet of open wire secondary conductors in the distribution system will be replaced with aluminum aerial cable. o This step further supports the city’s decarbonization objectives. • Integration of Fiber Strands:
o New fiber strands are being integrated into distribution poles. o Proper anchoring ensures stability and reliability for communication infrastructure.
3. Pilot Area:
• A pilot area build is currently underway (February 2024 to July 2025). • The pilot area involves approximately 1,200 homes centered in the northeast part of Palo Alto.
• Streets within the pilot area include Embarcadero Road, Louis Road, Colorado Avenue, Greer Road, and West Bayshore Road.
4. Benefits:
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• Enhanced grid reliability and capacity.
• Expanded communication infrastructure to meet future demands.
4. Baltimore Gas & Electric: Distribution Engineering & Design Reference: Nathaniel Barr
Email: [email protected]
Phone: (410) 470-5543
Date(s): 2007 - Present
Description: EN Engineering has been a trusted partner for Baltimore Gas & Electric (BGE) since the mid-2000s, providing comprehensive electric distribution design services. Our collaboration encompasses various critical aspects of BGE’s infrastructure, aimed at enhancing reliability and reducing outages. Key services include voltage upgrades, system hardening, pole replacements, joint use, and selective undergrounding.
Recent Project: Overhead and Underground Cable Design
• Scope:
o EN Engineering was selected by BGE to design a critical project involving overhead and underground electric cables.
o The project covered 40 poles of overhead electric cable and 5,090 linear feet of underground electric cable.
o Specific components included an overhead recloser, fuse coordination, reconductoring using Hendrix spacer cable, and pad-mounted equipment. • Services Provided:
o Construction Prints:
EN Engineering prepared detailed construction prints, ensuring accurate documentation for implementation.
o Quality Assurance/Quality Control (QA/QC) Review:
Rigorous QA/QC processes were applied to verify design accuracy and compliance with standards.
o Permit Application Documents:
We submitted all necessary permit application documents, streamlining the approval process.
o Stakeholder Communication:
Effective communication extended beyond BGE to non-BGE stakeholders, including customers and local government departments. o Bill of Materials:
EN Engineering provided a comprehensive bill of materials, facilitating procurement and construction.
o Technical Support during Construction Procurement:
Our team offered technical guidance and support throughout the construction phase.
o EN Engineering’s expertise contributed to BGE’s ongoing efforts to enhance grid reliability and customer satisfaction.
5. Puget Sound Energy: Regulator Change Outs – Single Pole Replacement Reference: Scott Kim
Email: [email protected]
Phone: (425) 457-9866
Date(s): November 2022 - Present
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Description: Puget Sound Energy (PSE) faced recurring circuit breaker outages over a fiveyear period. To address this issue, PSE decided to implement a Distribution Automation (DA) scheme. EN Engineering was contracted to complete this critical project. Project details include:
1. Objective:
• The primary goal was to enhance system reliability by automating distribution processes.
• The DA scheme aimed to minimize circuit breaker outages and improve overall grid performance.
2. Smart Breakers and Reclosers:
• EN Engineering installed four (4) Smart Breakers and eleven (11) new reclosers across PSE’s service area.
• These devices allow for real-time monitoring, fault detection, and automatic restoration of power.
3. Location Suitability:
• EN Engineering meticulously evaluated each installation location. • Area Relay Technicians and Servicemen confirmed the suitability and acceptability of identified sites.
4. Pole Placement and Pull-Out Areas:
• In some cases, locating suitable existing poles was sufficient for installation. • For other sites, new poles were strategically placed to optimize system performance.
• Pull-out areas were designated for maintenance and troubleshooting purposes.
5. Collaboration and Success:
• EN Engineering worked closely with PSE to ensure seamless implementation.
• The successful deployment of Smart Breakers and reclosers significantly improved grid reliability.
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Project Team
Our project team has in-depth experience across a broad range of electrical engineering projects, with a particular emphasis on distribution engineering & design. This includes projects executed for clients as EN but also the experience acquired by some team members as they have been employed by a utility. These projects encompass primary medium voltage and secondary distribution and require a comprehensive understanding of NESC, NEC, PUC mandated General Orders (e.g., CPUC GO 95), Rule 20A/B, and utility specific standards.
Examples include reconductoring, undergrounding, pole replacements, equipment installations, relocations, public improvement projects, and new business commercial/residential design. In these projects we have touched every piece of equipment on the distribution system including poles, transformers, switchgear, reclosers, capacitor banks, etc. As a result, we are experienced in providing our utility clients deliverables that include final design drawings, design inventory reports, and submissions of inventory from design.
While EN’s staff is well-equipped with the necessary tools and technology to perform their tasks from any location, including the availability of several EN office facilities, our employees are also prepared to travel to the City’s Operation Center and sites within the City’s service territory, as required and upon reasonable notice. EN’s proposed project team is based within a few hours’ travel to the city service area. Furthermore, our professionals have strong planning skills and will methodically schedule in-person meetings and site visits in accordance with the project timelines.
Key Personnel
1. Tony Bustos – Sr. Director – Lincoln, CA
Mr. Bustos has over 25 years in the Electrical and Renewables industry moving up and evolving throughout. Working as a journeyman electrician as well as an electrical foreman in the field gave him the basis of understanding of day-to-day operations which has allowed him to excel in his management career. Mr. Bustos is a firm believer in the team concept and building a culture of structure balanced with hard work to deliver solid projects.
2. Heather Leask – Director – Tucson, AZ
With over 10 years of dedicated experience in the energy sector, she has successfully overseen multi-million-dollar projects, driven the integration of renewable sources into our grid, and led talented teams in achieving operational excellence.
Heather has worked on several high-profile overhead and underground projects for transmission and distribution lines. She is experienced in a variety of design disciplines, including new construction, upgrades, writing and ensuring adherence to standards, and network design for voltages ranging from 12.47 kV to 345 kV. Her primary responsibilities include voltage conversions, system improvements, overhead to underground conversions, and system modeling and analysis. Heather is also well versed in the layout and design of trenchless installation technologies such as horizontal directional drilling and jack and bore.
Heather works remotely and has the flexibility to be on site as needed for the city program kick off and project start up to five days a week.
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3. Chris Mink – Director – Civil / Environmental / Survey Team – Forest Hill, MD Mr. Mink has over 26 years of professional engineering experience for both public and private development. In addition to being a licensed professional engineer he also has previously been certified as a Project Management Professional (PMP). Mr. Mink is certified by the US Green Building Council as a LEED Accredited Professional. His skills include site infrastructure including site grading, stormwater management, erosion and sediment control, water and sewer service, storm drain, and roadway design. He has developed extensive knowledge of engineering design and construction. Mr. Mink deals with projects from the planning stage all the way through to bonding and permitting then through construction completion.
4. Jory Wolf – VP of Digital Innovation – Los Angeles, CA Mr. Wolf joined Magellan (an ENTRUST company) after 22 years as CIO of the City of Santa Monica, where he launched Santa Monica City Wi-Fi, which provides free internet services to the public through a network of thirty-two hot zones and wireless coverage in most major commercial and transit corridors throughout the city. He created Santa Monica City Net, a 100-gigabit broadband initiative to support an environment for local businesses to compete in the global economy with innovative network solutions. Jory has over 35 years of experience in Information Technology, including broadband, FTTH and Smart City initiatives. Since joining Magellan Advisors in July 2016, Jory has led teams that have worked on 50+ government projects in broadband master planning, feasibility studies, wireless strategic planning, 5G small cell policies, dig once policies and smart city.
5. Jason Hernandez – Senior Technical Lead – Coachella, CA Mr. Hernandez has over 20 years of experience and progressive responsibility in overhead and underground distribution design. His qualifications include extensive hands-on planning, field investigation and construction management, design, permitting, cost estimating, project management and quality control. Mr. Hernandez’s background includes extensive service to public and private-sector clientele. He serves as Senior Technical Lead of Electric Programs to support various projects throughout the Western Region. Jason has gained experience at the Imperial Irrigation District, City of Palo Alto, TRC, BCF Engineering, and through collaboration with his clients at PGE, SDGE, Puget Sound Energy, and the Imperial Irrigation District. Jason works remotely and has the flexibility to be on site as needed for the city program kick off and project start up to one day a week.
6. Michael Fuller – Senior Project Manager – Los Angeles, CA Mr. Fuller is an accomplished project manager and technical professional with more than 20 years’ experience in planning, design, construction, and strategic development within the electric utility industry. Michael works remotely and has the flexibility to be on site as needed for the city program kick off and project start up to three days a week.
7. Mara Duca – Project Manager I – San Diego, CA
Ms. Duca is a PMI-certified Project Manager with extensive experience in managing largescale projects. With a proven track record in vendor management, scheduling, and crossfunctional team coordination, she is a quick learner, skilled in leadership and training, and detailed and efficient. Mara works remotely and has the flexibility to be on site as needed for the city program kick off and project start up to three days a week. 307
8. Jerald Sanchez – Sr. Design Technician – Las Vegas, NV Mr. Sanchez works as a Design Technician and is currently working on 07D projects. The design experience accumulated from previous employers has allowed him to apply his knowledge to the wide range of work today.
9. Vanneda Bunna – Project Lead – Charlotte, NC
With six years of professional experience, Ms. Bunna brings a high level of self-motivation and dedication to her work. She possesses two years in engineering designs, and four years of expertise in quality control, leadership, and project management. As a collaborative team player, she excels in leading teams and ensuring the delivery of the highest quality standards to clients. Ms. Bunna is committed to continuous learning and growth within the company to drive business success.
10. Gurkarn Sandhu – Sr. Design Engineer – Fishers, IN
Mr. Sandhu is a skilled mechanical engineer who evaluates design proposals and is dedicated to leadership and communication. He is a quality control lead frequently communicating with clients to ensure designs are up to and continually creates and processes design guidelines.
Organizational Chart
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COST PROPOSAL
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Per the RFP #DR4382-PJ0177, the Cost Proposal has been provided in a separate attachment – please see “EN-Rolling Hills Utilities Construction Support Pricing Sheet.” Permit fees were not included in the cost proposal.
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APPENDIX
Attachment 1: Resumes
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Antonio (Tony) G Bustos Page 1 of 4
Electric Utilities Sr. Director – Pacific NW District rev. 1/2024 OVERVIEW:
Tony Bustos has over 25 years in the Electrical and Renewables industry moving up and evolving throughout. Working as a journeyman electrician as well as an electrical foreman in the field gave Tony the basis of understanding of day-to-day operations which has allowed him to excel in his management career. Tony is a firm believer in the team concept and building a culture of structure balanced with hard work to deliver solid projects.
RELEVANT PROJECTS:
2021-2023
• Portola Substation Rebuild – 60kv Sub R&R
• Cathedral Park A - WMP reconductor
• Fallen Leaf Lake Phase A – WMP Reconductor
• Lily Lake – WMP Reconductor
• 625/650 Ckt Phase 2B – 120KV – Transmission Upgrade
• ANGORA Lake - Microgrid project
• Caldor Fire rebuild
• Tahoe Vista – Rule 20 UG Project
• 4203 Brockway UG project
• Northstar EV Project – Level 2 Chargers
• SLT School District Buss Barn EV project
Liberty Utilities 2021-Current
Manager, Capital Project Delivery
Leadership responsibilities for the Project Management team, day-to-day support, implementing new processes, training and oversight for all Large Capital Improvement Projects in the Lake Tahoe Basin. The team met the 2021 Capital Projects portfolio budget of $74 million.
• Oversight/Execution responsibilities for all aspects of Capital projects from Business Case development, Design, RFP Development and sourcing, Permitting, Procurement, Construction and Close Out. • Project portfolio includes WMP Initiatives, OH/UG rebuilds, Emergency Response (wildfire or storm repair) EV Charging Stations, Microgrid, Substation Builds. Distribution & Transmission line system upgrades, MHP remote metering and
• Provide direction and support to all internal and outsourced SME’s to deliver each project safely on schedule and within budget. • Collaborate with CPUC in developing and presenting responses to Data Request, development of the annual QAQC program.
Resume Highlights
Business Development
Project Management
Operations Management
QA/QC
Years of Experience: 25
Primary Office Location:
San Ramon, CA
Education/Certifications:
FMI Corporation project
management academy
graduate 2012 - Raleigh, NC
• FMI Operational Excellence
graduate 2020
• Certified General
Journeyman Electrician 2006
renewed in 2009
• OSHA 10
• Dale Carnegie Management
Training Graduate
o High Impact Presentations
o Public Speaking Mastery
o Mindleaders Training
Courses
o Dealing with difficult
people series
o Time Management
Fundamentals
o Negotiating
o Effective Presentations
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Antonio (Tony) G Bustos Page 2 of 4
Electric Utilities Sr. Director – Pacific NW District rev. 1/2024 • General support for the OEIS group during project compliance review and onsite inspection support.
• Providing guidance/implementation of regulatory procedures with Liberty team to ensure compliance from pre-construction to completion.
• Managing PM teamwork load to ensure work/life balance is there and supplement as needed to ensure company needs are met.
• Develop career path and growth opportunities for all team members.
Map potential next steps to obtaining next level positions for team members and understanding and augmenting departmental staffing plan as needed.
Sebastian Corporation 2019-2021
Director of Operations
Overall day-to-day management of all construction and estimating activities company wide. Developed, Implemented, and manage execution of PM policies and procedures focusing on productivity and efficiency control measures. Responsible for assembling a team of professionals through the hiring process, coaching and career planning for a $30 million dollar revenue goal. Work directly with ownership and executives on a day-to-day basis creating a model maximizing corporation profitability goals. • Review and audit monthly projections from management staff • Assign team, manage overall process and approve final estimates with estimating team
• Develop client relationships and act as front line of communication for all project needs.
• Monitor market trends, implement corrective measures as market fluctuations occur to ensure company backlog log is secured.
Helix Electric Incorporated 2017-2019
Senior Project Manager
Lead project team in managing daily operations of multiple Design Build Projects, with regard to Design, BIM coordination, scheduling, contract development and subcontracting misc sub tier trades. Focusing on project profitability, productivity, cost tracking, procurement processes & safety. • Prepare & present all project budgets to Executive team for all new projects.
• Create a project plan within our team to create goals building with the end in mind, ranging from procurement, laydown logistics, prefab plan, manpower flow & equip needs
• Develop client relationships and act as front line of communication for all project needs
• Provide monthly cost and profitability report recaps to executive team 313
Antonio (Tony) G Bustos Page 3 of 4
Electric Utilities Sr. Director – Pacific NW District rev. 1/2024 M&W Energy Inc.
2015 – 2017
EPC Project Manager
Daily management of the project from design development through completion of 11MW solar project at SMUD’s Rancho Seco Nuclear Facility in Herald, Ca. • Develop and present RFP submission to client (First Solar) • Develop and present Project execution plan during kick off meeting presentation for Client (First Solar) and end user (SMUD). • Negotiated, coordinated and executed PPA in addition to coordinating PLA with all trades.
• Maintain all SWPPP and CEQA standards throughout the construction process.
• Develop, maintain project schedule providing weekly updates and dashboard tracking
System 3
2011 – 2015
EPC Project Manager / Pre-Job Planning - Process Champion Responsible for all aspects of multiple solar, wind, hydroelectric, utility, public works, DOD and commercial/industrial projects throughout the country and the USVI ranging in size from $50,000 to over $10,000,000.
• Develop, Implement, and provide training curriculum for Pre-Job planning process throughout the company.
• Primary role working with end users such as SFPUC responsible for generating proposals and finalizing all negotiations and training of staff.
• Coordinate manpower needs utilizing our tracker for all projects within branch and sourcing new staff if needed as well as managing a 4 week lookahead for all projects.
• Coordinate all preconstruction activities from BOD development project presentation during interview process and negotiations during contract process.
Barnum & Celillo Electric 2009-2011
Project Manager
Manage all aspects of multiple public works, commercial, educational, and industrial projects ranging from $500,000 to $5,000,000.00 throughout Northern California.
• Monitoring of all job costs as well as labor hours
• Provide monthly cost reviews to ensure maximum profitability. • Estimating and procuring projects utilizing a cradle to grave process. • Utilized direct reports during project execution assigning tasks and managing to completion.
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Antonio (Tony) G Bustos Page 4 of 4
Electric Utilities Sr. Director – Pacific NW District rev. 1/2024 Bergelectric Corp. 2006-2009
Project Manager
Managed multiple public works, commercial, industrial & OSHPD electrical projects ranging in size from $300,000 to $ 6,000,000 throughout California and Nevada.
• Developed detailed estimates ranging from $100k - $10,000,000.00. • Manage and maintain man loaded schedules, profit projections, submittal packages process.
• Worked with preconstruction team to develop a design that is tailored to the design narrative, while keeping the overall project within budget.
State of California, Dept. of General Services 2005-2006 Electrical Supervisor
• Managed all aspects of project start up ranging from preparing estimates and writing material PO requisitions.
• Provided oversight for onsite operations from underground to finish and trim, coordinated and scheduled all manpower to meet the needs of the project.
• Provided inspection of all aspects of installation to maintain code compliance in addition to all applicable safety codes.
Butterfield Electric 2000- 2005
Journeyman/Foreman Electrician
• Ownership of all aspects of electrical construction onsite regarding safety, UG/AG scopes to Closeout
• Ensure onsite team installed all materials per the contract documents, per code & coordinate inspecrtions.
• Update PM with any conflicts in the design. Develop, submit RFI’s, Change Orders Take off and impacts.
• Monitor all material consumption and install rates to maintain projected budgets
Woo Brothers Electric 1998-2000
Apprentice electrician
• Assist site foreman with all facets of commercial/residential electrical installations.
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Heather Leask Page 1 of 3
Director rev. 2-2024
OVERVIEW:
With over 10 years of dedicated experience in the energy sector, Heather has honed a passion for developing sustainable energy solutions and driving innovation in power delivery. As the Director of Electric Utilities in the Southwest Region, she has successfully overseen multi-million-dollar projects, driven the integration of renewable sources into our grid, and lead talented teams in achieving operational excellence.
Heather has worked on a number of high-profile overhead and underground projects for both transmission and distribution lines. She is experienced in a variety of design disciplines, including new construction, upgrades, writing and ensuring adherence to standards, and network design for voltages ranging from 12.47 kV to 345 kV. Her primary responsibilities include voltage conversions, system improvements, overhead to underground conversions, and system modeling and analysis. Heather is also well versed in the layout and design of trenchless installation technologies such as horizontal directional drilling and jack and bore.
Heather’s professional journey has granted deep insights into both traditional and renewable energy sources. She has cultivated a comprehensive understanding of regulatory landscapes, stakeholder engagement, and the ever-evolving challenges and opportunities presented by the global shift towards sustainability.
RELEVANT PROJECTS:
San Diego Gas & Electric, Strategic Undergrounding, San Diego, CA As a Design Engineer for SDG&E, Heather spearheaded the strategic undergrounding of overhead power lines, a crucial component of comprehensive wildfire risk mitigation program. Her role involved leading the transition from existing overhead infrastructure to new, underground systems, guided by meticulous risk evaluations within identified fire threat districts. This process entailed thorough route evaluation and extensive coordination with permitting authorities and external stakeholders, ensuring the project aligned with our ambitious energization goals. Key achievements include substantial investments in replacing wood poles with fire-resistant steel ones, establishing a cutting-edge weather monitoring network, developing advanced fire and weather forecast models, revising operating protocols, and fostering partnerships to bolster the region's wildfire response capabilities. Heather’s contributions have been instrumental in reinforcing SDG&E's position at the forefront of wildfire risk reduction.
Resume Highlights
Operations Project
Management
Stakeholder Engagement
Risk Management
Cross Functional Team
Leadership
Years of Experience: 10
Primary Office Location:
Los Angeles, CA
Education:
BS Electrical Engineering,
University of Connecticut –
Graduated with Honors
Literacy Platform:
Asana, Jira, P6, SharePoint,
Procore, Adobe, Microsoft
Suite
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Heather Leask Page 2 of 3
Director rev. 2-2024
San Diego Gas & Electric, WiSE Program, San Diego, CA
As a Design Engineer for SDG&E, Heather designed and coordinated to transition 30 miles of overhead lines in fire-prone regions of east San Diego County, bolstering system resilience, reliability, and wildfire prevention efforts. This process involved coordination with LiDAR for precise mapping and surveying of high-risk areas, significantly improving design accuracy for infrastructure upgrades and designing 12kV lines centered on the strategic replacement of over 3,000 wood poles with steel within fire-sensitive zones, notably around the Cleveland National Forest, to enhance resilience against wildfires. This work ensures the safety of crews and customers, contributing to the reliability and sustainability of the energy grid in the face of environmental challenges.
San Diego Gas & Electric, Cutover 1095, San Diego, CA
As the Project Engineer for the Underground Distribution Cutover Project for Circuit 1095, Heather successfully managed the comprehensive transition of electrical infrastructure between circuits to compensate the increase power required by installing new underground infrastructure to meet the circuit requirements and reducing potential outages. Her responsibilities encompassed project planning, execution, and stakeholder engagement, ensuring seamless integration of the new underground system. This project involved detailed coordination with construction teams, utility engineers, and local authorities to minimize disruptions and meet stringent safety standards.
Through effective leadership and strategic oversight, Heather delivered the project on time and within budget, significantly improving the service reliability for affected areas and demonstrating a proactive approach to risk mitigation and infrastructure resilience.
As the Project Engineer for the Circuit 1095 Underground Distribution Cutover, Heather led the seamless transition to new underground infrastructure, enhancing power delivery and reducing outage risks. Her role involved meticulous project planning, execution, and stakeholder coordination, ensuring compliance with safety standards and minimal disruption. Through strategic leadership, the project was completed on schedule and budget, boosting service reliability and demonstrating commitment to infrastructure resilience and risk mitigation.
Crux Subsurface, Cleveland National Forest Power Line Replacement, California
As the Project Engineer for the distribution voltage engineering portion of a power line replacement project for San Diego Gas and Electric in and surrounding the Cleveland National Forest in eastern San Diego County, Heather acted as an engineering subcontractor to Crux Subsurface, the EPC contractor, and provided engineering and design services for the 317
Heather Leask Page 3 of 3
Director rev. 2-2024
replacement of seventeen 69 kV and 12 kV power lines and distribution circuits spread over approximately 880 square miles. The project is required as part of SDG&E’s effort to increase the safety and reliability of existing facilities within the CNF, including the design of fire-resistant steel poles in this active wildfire region.
DTE Energy, System Resiliency Program, Michigan
As the Distribution Engineer for projects involving installation of dynamic protective devices and sectionalizing equipment to improve reliability and reduce outage times, Heather created construction prints and material and labor cost estimates, performed QA reviews, and assisted with project scheduling and budgeting for fieldwork and design. She also served as a point of contact with subcontractor performing field data collection.
Salt River Project, South Mountain Freeway Distribution Relocations, Arizona
As the Distribution Engineer responsible for leading the design of the relocation of 12.5 kV overhead and underground facilities for the new Loop 202 South Mountain Freeway’s West Section construction project, Heather’s design portion of the project will cover approximately 10 miles of new roadway relocations along the new 202L freeway corridor, which will consist of over 57 design projects. She also provided 9 additional 12.5 kV facility relocation design projects for approximately 3.5 miles of the existing I-10 freeway, which will be widened for new on and off ramps and for additional traffic lanes through the I-10/202L North interconnection area. 318
Christopher R. Mink, PE Page 1 of 4
Director – Civil / Environmental / Survey Team rev. 11/06/24 OVERVIEW:
Mr. Mink has over 26 years of professional engineering experience for both public and private development. In addition to being a licensed professional engineer he also has previously been certified as a Project Management Professional (PMP). Mr. Mink is certified by the US Green Building Council as a LEED Accredited Professional. His skills include site infrastructure including site grading, stormwater management, erosion and sediment control, water and sewer service, storm drain, and roadway design. He has developed extensive knowledge of engineering design and construction. Mr.
Mink deals with projects from the planning stage all the way through to bonding and permitting then through construction completion.
RELEVANT PROJECTS:
Public Service Gas & Electric, East Rutherford M&R, Project Engineer Civil Engineer responsible for site design and permitting assistance on a natural gas transfer station replacement in East Rutherford New Jersey.
Tasks included grading, sediment control, stormwater management, governmental permitting. Prepared all necessary permit packages, including the new building permit applications.
Public Service Gas & Electric, Paramus M&R, Project Engineer Civil Engineer responsible for site design and permitting assistance on a natural gas transfer station replacement in Paramus New Jersey. Tasks included grading, sediment control, stormwater management, governmental permitting. Prepared all necessary permit packages, including the new building permit applications.
Baltimore Gas & Electric, Five Forks Substation to MD/PA State Line Civil Engineering responsible for permitting work to replace existing transmission lattice towers with steel monopoles, improve access roads, and permit all work through State and local agencies for a six-mile re-build project. The design and permitting work included site grading, stormwater management, roadway crossings, construction inspection, and NPDES sediment control monitoring.
Silicon Valley Power, Wood Pole Storage Stormwater Management, Project Manager
Responsible for innovative site design to separate and capture contaminated stormwater runoff from wood pole storage site. Coordinated staff and subcontractors to provide design, permitting, and public bid assistance to the City of Santa Clara/Silicon Valley Power in California. Tasks included grading, storm drains, stormwater management, governmental permitting.
Resume Highlights
Baltimore Gas & Electric
Engineer of Choice
Erosions and Sediment
Control
Stormwater Management
Design & Permitting
Managed projects from
planning through construction
completion
Years with ENTRUST: 20
Years of Experience: 27
Primary Office Location:
Forest Hill, Maryland
Education:
Bachelor of Science,
Engineering, Drexel University
319
Christopher R. Mink, PE Page 2 of 4
Director – Civil / Environmental / Survey Team rev. 11/06/24 RELEVANT PROJECTS: (cont’d)
Xcel Energy, County Road ‘B’ Gas Main Installation, Technical Lead Lead Civil Engineer for the environmental permitting of a new 16” gas distribution main in Minnesota. Provided design and permitting assistance through the local and state governmental approval for NPDES permitting, and local on-site post construction stormwater management.
Enbridge, L41 & L55 Exposed Gas Main Remediation, Technical Lead Led team of civil engineers and wetland scientist through alternative analysis, remediation selection, and technical design for the stream mitigation of fourteen separate site to cover and protect an existing transmission main.
Design included hydrology studies, stream hydraulics, stream relocation, armoring, and technical specification.
Exelon/Baltimore Gas & Electric (BGE), Manor Gate Station Replacement, Project Engineer
Civil Engineer responsible for site design and permitting on a gate station replacement in Baltimore County Maryland. Tasks included grading, sediment control, stormwater management, NPDES permitting, forest conservation, and septic design. Prepared and acquired all necessary permits, including the new buildings and the demolition of the existing gate station.
Exelon/BGE, Exposed Mains Remediation Program, Project Manager Responsible for coordinating with BGE on a program to repair exposed gas services and mains. Project included 40 different exposed sites with gas lines ranging in size from 1-1/2 inch services to 26-inch transmission mains.
Work included surveys, design, environmental permitting, and construction management. Project won BGE’s 2012 Environmental Achievement Award.
Exelon/BGE, Granite Line Relocation, Project Engineer
Civil Engineer responsible for securing grading permit and sediment control approvals for the relocation of over 5,000 linear feet of a 26-inch gas transmission main through Baltimore County and Baltimore City. Work included construction sequencing, mapping potential utility conflicts, maintenance of traffic considerations, and general constructability issues.
Exelon/BGE, Tower 1053, Project Manager
Worked with project team for the replacement of an existing steel truss electric tower to a new steel pole. Coordinated site access issues, environmental constraints, soil borings, and foundation designs with various team members. Managed team communications, project scope changes, and monthly reporting as required.
Professional Organizations &
Affiliations:
Member ASCE
Member PMI
Professional Registrations:
Professional Engineer,
Maryland
Professional Engineer,
Pennsylvania
Software Proficiency:
AutoCAD
MicroStation
320
Christopher R. Mink, PE Page 3 of 4
Director – Civil / Environmental / Survey Team rev. 11/06/24 RELEVANT PROJECTS: (cont’d)
Enbridge, Bernville Compressor Station Upgrade, Sr. Technical Lead Professional Engineer for civil and environmental design for a site rebuild and expansion of an existing compressor station site. Team Leader for the design and permitting work included site grading, drainage, erosion & sediment control, NPDES permit applications, and post construction stormwater management design with 17.6 acres of site disturbance.
Reviewed and issued submittals of all necessary permit applications, design calculations, and reports required for state and county permit approvals.
Enbridge, Shermans Dale Compressor Station Upgrade, Sr. Technical Lead
Professional Engineer for civil and environmental engineering design for a site rebuild and expansion of an existing compressor station site. Team Leader for the design and permitting work included site grading, drainage, erosion & sediment control, NPDES permit applications, and post construction stormwater management design with 30.1 acres of site disturbance. Reviewed and issued submittals of all necessary permit applications, design calculations, and reports required for state and county permit approvals.
Exelon/ BGE, Gas Area Replacement Program, Project Manager Led design team on environmental permitting for numerous gas upgrade projects throughout the BGE service area and municipal jurisdictions.
Performed surveys then prepared plans, calculations, applications, and waivers for erosion and sediment control and stormwater management required to construct the gas main and service upgrades City Light & Power, Aberdeen Proving Grounds (APG), Harford County, Maryland
Led civil and environmental team to provided site survey, civil site grading, stormwater management, wetland delineation and preparation of Joint Permit Applications (JPA) for Tidal and Nontidal Impacts associated with construction of new electric power infrastructure at APG. Worked closely with military base environmental subject matter experts to maintain compliance with military, state, federal permitting procedures.
Town of North East, Road and Sidewalk Improvements, Town Engineer Responsible for municipal improvement projects. Recent projects included $1.4 million road and sidewalk rehabilitation program throughout the Town limits, 8” water main replacement through a six-block section of the downtown area, shore revetment design for the public park along the Chesapeake Bay, and storm drain repairs throughout the town. Work involves design, cost estimating, permitting, public bidding, construction monitoring, and as-built acceptance.
Exelon/BGE, Tower 287 & 288 Foundation Protection, Project Manager Responsible for a grading, drainage, and protection improvements around 321
Christopher R. Mink, PE Page 4 of 4
Director – Civil / Environmental / Survey Team rev. 11/06/24 BGE electric transmission towers located along the Patapsco River and Interstate I-95. Secured grading permits, plan approvals, and access easements with multiple agencies involved. Designed drainage swales and foundation armoring to protect existing tower concrete foundations influenced by high stream flows during storm events.
Baltimore Gas & Electric, Right of Way Grading, Project Manager Civil Engineer responsible for permitting work to improve drainage and correct sediment deposition for six lattice structures within flood prone areas.
The project included site surveys, grading, drainage studies, concrete inspection, and site access. The work included full construction monitoring and support services during repair work. The project included Alternatives Analysis, Wetland Delineations, Detailed Site Grading & Drainage, Erosion & Sediment Control Plans, Army Corp of Engineers Permit Authorization Baltimore Gas & Electric, Granite Substation Access Road Civil Engineer responsible for permitting work to improve an existing access road and culverts. The project included alternative analysis, a sequencing plan to maintain access to the substation, hydrology studies, construction prints, and State level permitting and monitoring. The design and permitting work included site grading, stormwater management, restoration plans, construction inspection, and NPDES sediment control monitoring. 322
Jory Wolf Page 1 of 1
VP of Digital Innovation
OVERVIEW:
Jory joined Magellan after 22 years as CIO of the City of Santa Monica, where he launched Santa Monica City Wi-Fi, which provides free internet services to the public through a network of 32 hot zones and wireless coverage in most major commercial and transit corridors throughout the city. He created Santa Monica City Net, a 100-gigabit broadband initiative to support an environment for local businesses to compete in the global economy with innovative network solutions. Jory has over 35 years of experience in Information Technology, including broadband, FTTH and Smart City initiatives. Since joining Magellan Advisors in July 2016, Jory has led teams that have worked on 50+ government projects in broadband master planning, feasibility studies, wireless strategic planning, 5G small cell policies, dig once policies and smart city.
RELEVANT EXPERIENCE:
Implemented broadband systems that support innovation in government services and enables public service and community stakeholder institutions to improve community health, education, safety, and wellbeing.
Planned and managed the implementation of a new $9.5 million P25 compliant trunked public safety radio system for first and second responders as part of the ICI regional interoperable system.
Planned and managed the City's centralized automated systems and related services, including personnel and equipment and provided strategic development and use of information technologies; overseeing design and implementation of new systems; coordinating citywide acquisition of software and hardware, including development and implementation of a long-range funding plan for maintenance and replacement of hardware; and managed operations and customer support functions for software applications, telecommunications systems and network systems and related technology services.
Established goals and policies in accordance with mission and service level objectives; prioritized and supervised the implementation of goals and objectives.
Managed the preparation and administration of operating and capital improvement budgets and recommended and approved technology budgets and expenditures for all departments.
Developed and implemented citywide long-range information systems strategies, which involved facilitating discussions with City management regarding current and anticipated information services requirements, applications development, enhancement requests and alternative approaches.
Resume Highlights
Engineering Design
Project Management
Operations Management
QA/QC
Years with EN Engineering: 5
Years of Experience: 35
Primary Office Location:
999 18th Street Suite 3000
Denver, CO 80202
Education:
Management Information Systems -
University of California, Los Angeles
Los Angeles, CA
Bachelor of Science in Psychology
and Biology -
California State University Northridge,
Los Angeles, CA
Awards:
Los Angeles Business Journal,
2012 CIO Lifetime Achievement
Award
Public Technology Institute
Award, Management Strategies
Public Technology Institute
Award, Telecommunications
Strategies
Helen Putnam Award, Innovative
Government Services
Public Technology Institute
Award, Interactive On-line
Services
Los Angeles Consortium of
Governments Award, Best
Practices in Technology
323
Jessica Zufolo Page 1 of 2
VP Rural Broadband Strategy rev. 7/06/22
OVERVIEW:
Experienced business executive with exceptional skills overseeing complex operations involving rural utility, broadband and precision ag projects in unserved communities and tribal areas. A rural infrastructure strategist with extensive industry, federal government and non-profit stakeholder relationships and regulatory/legislative expertise across the technology and electric utilities sector. A problem solver with a proven track record of initiating and delivering new market strategies and solutions that result in business growth and long-term profitability. Strong record of forging and developing strategic partnerships that lead to sustainable funding and client/customer loyalty.
EXPERIENCE:
ENTRUST Solutions Group
VP Rural Broadband Strategies
Focused on rural broadband Deployment and government Services. Assists organizations in the development of strategic management/technical plans focusing on alignment of technology initiatives with that of the business units.
Coordinate projects for clients to include the negotiation and provisioning of carrier services from major telecommunications and upstream providers.
Universal Service Administrative Company (USAC)
Senior Advisor, Strategic Partnerships
Oversaw the implementation of the Lifeline National Eligibility Verifier function within the Lifeline program to verify the eligibility of all Lifeline subscribers; Supervised the execution over 50 interagency data sharing agreements and stakeholder partnerships with key data owners across all states, tribal nations and federal agencies to implement the National Eligibility Verifier; Led the Lifeline division’s stakeholder engagement, industry relations and consumer outreach strategy across the entire telecom sector as well as across 50 state human service agency leaders and five federal agencies.
U.S. Department of Agriculture, Rural Utilities Service (RUS) Deputy Administrator (Presidential Appointment)
Managed a $75 billion federal loan and grant portfolio that finances water and waste treatment systems, telecommunications and broadband networks, precision agriculture, electric utility, smart grid and renewable energy infrastructure projects in rural and tribal communities across 56 states and territories. Administered all federal stimulus program funding for RUS under the American Recovery and Reinvestment Act (ARRA) and implemented farm bill regulatory requirements to establish a tribal priority for broadband programs.
Resume Highlights
Cultivating Internal & External
Stakeholders
Project Management
Inducted into the Gamma Beta
Sigma Business Honors
Society
Recipient of the UNC
Leadership Development
Initiative Program curriculum
and recognition
Federal Procurement
Strategies
Risk Mitigation
Enterprise Strategy Execution
Data Analytics
Coalition Building
Years of Experience: 15
Primary Office Location:
999 18th Street
Suite 3000
Denver, CO 80202
Education:
University of Colorado
Boulder, CO
Bachelor of Arts (BA), Military
History and Political Science
University of North Carolina
Kenan-Flagler Business
School
Chapel Hill, NC
(MBA); OneMBA Global
Business Strategy and Finance
324
Jessica Zufolo Page 2 of 2
VP Rural Broadband Strategy rev. 7/06/22
U.S. Department of Commerce, First Responder Network Authority (FirstNet)
Director, Rural Infrastructure and Grants Strategy (Presidential Appointment)
Established FirstNet’s federal funding coordination strategy to align all federal agency program regulations and budgets governing federal and state grant programs to finance emergency communications, public safety radio equipment, devices and applications. managed a $65 billion federal loan and grant portfolio that finances water and waste treatment systems, telecommunications and broadband networks, precision agriculture, electric utility, smart grid and renewable energy infrastructure projects in rural and tribal communities across 56 states and territories
Medley Global Advisors
Sr Director, Telecom, Media & Technology (TMT) Equity Research Established an independent telecommunications and technology investment research franchise serving over 30 institutional investors and hedge funds with actionable research on the financial impact of State, federal regulatory and legislative policy risk
National Association of Regulatory Utility Commissioners (NARUC) Legislative Director, Telecommunications and Consumer Affairs Directed the Association’s federal legislative advocacy and grassroots activities on telecommunications, consumer protection and water issues before Congress, federal agencies, the executive branch and state legislatures.
325
Jason Hernandez Page 1 of 3
Technical Lead – Electric Programs
OVERVIEW: Jason Hernandez has over 20 years of experience and progressive responsibility in overhead and underground distribution design.
His qualifications include extensive hands-on planning, field investigation and construction management, design, permitting, cost estimating, project management and quality control. Jason’s background includes extensive service to public and private-sector clientele. He currently serves in the capacity of Technical Lead of Electric Programs to support various projects throughout the Western Region. Jason has gained experience at the Imperial Irrigation District, City of Palo Alto, TRC, BCF Engineering, and through collaboration with his clients at PGE, SDGE and the IID.
RELEVANT PROJECTS:
Lead Senior Designer/QAQC, Cordoba Corp; Client: Pacific Gas & Electric New Business, Various Locations, CA
Jason served as a program Subject Matter Expert. His unique skillset allowed him to be utilized in various forms to meet the clients’ needs. He led the effort to train and assimilate 20 designers into the PGE environment. In addition to having experience as a Team Lead, Jason performed QAQC reviews of New Business Program 161/162. He assured engineering materials and practices met project deliverables. Jason also prepared Construction Estimates for PGE’s New Business Program 161/162. Estimates include Construction Design, composing a Bill of Material and Labor. Jason identified conflicts with field conditions and obtains client approval for changes needed to improve the distribution system.
Lead Senior Designer/QAQC, Cordoba Corp; Client: San Diego Gas & Electric Electrical System Hardening (ESH), San Diego, CA In addition to being the ESH Team Lead, Jason performed QAQC reviews of ESH Design / Construction and True-Up Packages within SDGE territory. He assured documents were complete and met the project scope and associated engineering data. He applied SDGE standards and CPUC G.O. 95 requirements to confirm that design & construction methods were in accordance with constructability and safety. He was a Team Lead over (4) junior designers and performed final checks to ensure their completeness and consistency.
Lead Senior Designer/QAQC, TRC Solutions; Client: Imperial Irrigation District, New Business/Capital Projects, Imperial/Coachella Valley As Lead Senior Designer, Jason met with IID Service Planners to discuss New Business applicants and determined service requirements. Jason led a team of (6) designers who designed Overhead and Underground Line extensions, composed Bill of Materials, and various forms of construction documents. In addition, Jason worked with local jurisdictions to acquire proper permitting.
Resume Highlights
Engineering Design
Project Management
Operations Management
QA/QC
Years of Experience: 20
Primary Office Location:
San Ramon, CA
Education:
B.T>S Theological Studies
National Apostolic Bible
College
2012
Platform Literacy:
AutoCad -Map/Utility
ESRI – GIS
Osmose – O-Calc Pro
BLUEBEAM – Revu
Microsoft – Office
SAP
Oracle
326
Jason Hernandez Page 2 of 3
Technical Lead – Electric Programs
Senior Distribution Designer, TRC Solutions; Pacific Gas & Electric, 08W Overhead to Underground Conversion, Various Locations in CA Jason served as an integral element in completing projects centered around overhead to underground conversions. He performed structural analysis and pole design using O’Calc Pro. He produced material estimates, construction sketches using GIS and AutoCAD. Further, he performed electrical calculations, and permitting including joint pole coordination, City, County, environmental, vegetation management, FFA, and traffic control plans. Jason aided in creation of team documents, templates, and training Junior Designers.
Senior Distribution Designer, TRC Solutions; Client: Pacific Gas & Electric, Pre-Installed Interconnection Hubs (PIH), Various Locations in CA
With Jason’s background in substation get-away systems, he proved to be instrumental in completing design work surrounding “Temporary Distribution Microgrids.” He designed underground systems for “Generation, and Distribution,” and performed structural analysis and pole design using O’Calc Pro. He produced material estimates, construction sketches using GIS and AutoCAD. He performed electrical calculations, and permitting including joint pole coordination, City, County, environmental, vegetation management, FFA, and traffic control plans. Jason aided in creation of team documents and templates.
Senior Distribution Designer, Blair Church and Flynn Engineers; Client:
Pacific Gas & Electric, Paradise Valley Rebuild, Paradise Valley, CA As Senior Designer, Jason met with PGE ADEs and Project Owners to discuss new underground system layouts and determined paths to service. He performed and coordinated site visits, and job walks. His vast experience in underground design was key to completing high volumes of design work. He designed Underground Line extensions, composed Bill of Materials, and various forms of construction documents. In addition, he performed structural analysis, and design using O’Calc Pro, performed electrical calculations, and proved as a vital team member in creating team documentation, templates and training.
Senior Distribution Designer, TRC Solutions; Client: Pacific Gas & Electric, California High Speed Rail, Fresno, CA
As Senior Designer, Jason met with State Contractors and Project Owners to discuss new Underground system layouts and determined paths to service.
Jason performed and coordinated site visits, and job walks. His vast experience in Overhead and Underground design was key to completing high volumes of design work. He designed Overhead and Underground Systems, and Line extensions. He composed Bill of Materials, and various forms of construction documents. In addition, he performed structural analysis, and design using O’Calc Pro, performed electrical calculations, and proved as a vital team member in creating team documentation, standard use of material, templates and training.
327
Jason Hernandez Page 3 of 3
Technical Lead – Electric Programs
Utility Engineering Estimator; City of Palo Alto, Palo Alto, CA Distribution Estimator; Imperial Irrigation District, La Quinta, CA During his time, Mr. Hernandez participated in a Capital Projects Design team that oversaw the design of eight Substation Getaway Systems, a 2000 Pole Replacement Project, and Five Grade Separation projects. As an Estimator, Jason met with New Business Applicants and Utility Engineers to discuss new Overhead, and Underground system layouts and determined paths to service.
Jason performed and coordinated site visits and job walks. His vast experience in customer relations and distribution design was key to completing high volumes of design work.
328
Michael Cole Fuller Page 1 of 4
Technical Lead rev. 3/2024
OVERVIEW:
Michael Cole Fuller is an accomplished project management professional with more than 16 years’ experience in planning, design and strategic development within the electric utility industry.
RELEVANT PROJECTS:
EVgo - Director Grid Integration
• Track the development pipeline of projects with Development Engineering and ensure the right projects are being assessed by the utilities. • Oversee the pipeline of hundreds of projects with the utilities across the US, ensure the teams are focused on the right priorities for pushing projects forward.
• Manage utility relations to optimize operations and best practices. • Be a thought leader in the industry for how EV charging can be more efficiently implemented by utilities.
• Establish a working relationship with executives at the utility companies to shepherd the right attention on EVgo projects.
• Define, standardize, and refine an EV charging protocol for working with all utilities.
• Partner internally with various stakeholders to establish streamlined support processes.
• Sift through large amounts of data and make meaningful presentations on execution strategies.
• Strategize cross functionally and key hires to grow the utility integration function in EVgo.
• Innovate with policy and utilities to accelerate charging adoption.
SDG&E - Project Planning Supervisor
Segment 3 DCM
Project Manager II
Segment 3 DCM
Nexia
Project Manager-Contractor
SDG&E - Segment 3 DCM
Doty Brothers - Planning Manager
• Create and structure Engineering and Utility Planning/Design Group • Business Development for new department
• Establish HR processes and policies for new department • Recruit and train new staff
• Establish and maintain relationships with prime contractors • Implement comprehensive tracking processes for QA/QC
• Create and implement training programs for each job classification • Oversee all capital projects in both Civil construction & Planning departments to ensure contracts are being followed & budgets are met.
Resume Highlights
Leadership
Project Management
Contract Review
Communication
Years of Experience: 17
Primary Office Location:
Education:
BS, Organizational Leadership,
University of LaVerne
Technical Degree, Satellite
Communications, GTE Tech
Residence School Ft. Gordon,
GA (US Army)
Platform Literacy:
Microsoft Office Suite
Microsoft Project
Lotus Notes
Visio
329
Michael Cole Fuller Page 2 of 4
Technical Lead rev. 3/2024
• Provide Overhead & Underground Electric Utility infrastructure designs for multiple utilities. Oversee and collaborate with staff and client to ensure that proper design, drafting, and installation standards are met on all projects along with timetables and budget.
Outsource UCC - Planning Manager/Operations Manager Civil Construction
GSW Integrated Services - Regional Manager
Manage Regional Accounts for High Voltage line construction. Consulting & applicant design projects.
Southern California Edison - Operations and Performance Supervisor Manage field supervisors and production specialists to craft employees who are engaged in the daily activities of constructing, maintaining, and restoring Southern California Edison’s electrical distribution system. • Strategically negotiate terms of collective bargaining agreements and manage expectations to ensure that all parties (Union and Edison management) are pleased with the outcome and feel successful in the given terms. o Oversee 50-75 union employees through IBEW International Brotherhood of Electrical Workers, Local 47 Union Hall, handling staffing and labor negotiations.
• Created and implemented individual development plans for E Crew upgrade foremen, production specialists, and field supervisors, doubling staffing from three E Crews to six within one year.
• Developed a comprehensive planning, execution, and resource plan for Whittier district. o Reduced safety incidents by 41% from 12 incidents in 2015, to seven incidents in 2016.
o Reduced number of cancelled or rescheduled projects from 21% to 6% by October 2016.
• Implemented and oversaw a work mix change focusing on the Whittier district as a capitol driven work mix by allowing employees to focus on installing and maintaining the grid with minimum distractions.
• Designed and executed a shut-down day which allowed for training employees on updated rules/regulations.
• Storm/Emergency Response Lead District & Region Wide AOR Interim Performance and Resource Supervisor
Maintained performance management tools to drive productivity, cost efficiency, and customer satisfaction.
• Tracked scorecard results and developed performance improvement initiatives.
• Assisted district management team in creating and implementing a comprehensive district business plan. o Created a district work tracker to facilitate a one stop shop for information on scheduled work. 330
Michael Cole Fuller Page 3 of 4
Technical Lead rev. 3/2024
• Coordinated and facilitated cross departmental meetings to establish and improve processes to assist in completing work with a team (district) approach for efficiency and accuracy.
• Successfully staffed district to enable the removal of all T&E crews for dayto-day work. • Outsourced new business, CHO work to allow insourcing of high value commodities and craft type work.
• Storm/Emergency Response Lead District & Region Wide AOR Planning Supervisor (South Bay Service Center)
Provided future load projections to various departments, supporting and monitoring the implementation of new work processes including proactive scheduling of design tasks, while meeting ongoing project demands. • Involved in “contractor” bid process/job walk to ensure accuracy of bid and overall budget for project.
• Created and implemented in-box approach for work mix, working closely with DPP project group along with Chino Training to create an effective curriculum and schedule for companywide implementation of new roles. • Led district wide facility remodel, collaborating with facilities, contract construction crews, field accounting, planning, and grid ops personnel to minimize impact of remodel on productivity and safety.
• Reviewed and approved field change orders during construction as it applied to design changes and additions.
• Storm/Emergency Response Lead District & Region Wide AOR • Damage Assessment Lead Hurricane Sandy Mutual Assistance Deployment Upgrade Supervisor (Dominguez Hills/South Bay Districts) • Successfully managed, trained, and hired over 15 direct reports and met project completion dates.
• Maintained perfect safety record for Shuttle Project, which finished within
1.25% of $1.4 million budget.
• Created and oversaw monthly P2 meetings and department wide training for all planning employees. o Maintained productivity and deadlines with minimum impact to staff, resulting in better customer service and enhanced quality of work orders from South Bay planning department.
• Lead distribution planner for Space Shuttle Endeavour Move Project. o Incident commander for mobile command center during shuttle move, directly supervising over 350 Edison and contract crews during the duration of the move.
• Created project plans and timelines in compliance with company policies, procedures, rules, and rates.
• Utilized Microsoft Office Suite, Microsoft Project, Lotus Notes, and Visio to facilitate meetings, timelines, and presentations.
• Storm/Emergency Response Lead District & Region Wide AOR 331
Michael Cole Fuller Page 4 of 4
Technical Lead rev. 3/2024
Service Planner 2 (Tehachapi District)
Managed commercial contract for contract crews, supervising 27 direct reports on an upgrade and duty supervisor basis, providing input on discipline, progressive management, and PDP completion.
• Redesigned and executed overhead line extension for station light and power at Windhub Substation. o Resulted in cost savings of over $40,000, (removing the need for land acquisition) allowing Edison to finish on time and under budget with zero safety incidents.
• Served as Edison’s representative to City of Tehachapi along with Kern County.
• Led successful rebuild of both corporate and local relationships with Kern County and City of Tehachapi, partnering with local public affairs to effectively enhance several developmental processes to provide quality customer service to Tehachapi district customers and government agencies. • Led the Sand Canyon line acquisition project, working with field engineering and acquisitions department for appraisal, design, and procurement of threemile section of Keene 12kv overhead distribution circuit.
Service Planner Development Program Instructor
Consulted and managed reformatting of entire curriculum and converted to a paperless training environment.
• Updated curriculum content to reflect industry and company standards and implemented Adobe Standard. o This allowed current and future students to modify, annotate, and update curriculum.
o Resulted in over $20,000 savings per class in paper reduction along with other related costs.
• Developed a short- and long-range plan to ensure successful completion of SPDP program.
Service Planner (Covina District)
Consulted and provided strategic recommendations to large commercial/industrial customers about design, location, cost, and viability of electrical systems.
• Supported and assisted service planners with design, spotting optimal location of electrical panels.
• Identified resources and provided cost estimates for the options of new construction of distribution facilities.
• Ensured that regulatory requirements of the company’s electrical distribution system were updated.
332
Mara Duca, PMP Page 1 of 1
Project Manager rev. 11/2024
OVERVIEW:
Mara Duca is a PMI-certified Project Manager with extensive experience in managing large-scale projects. With a proven track record in vendor management, scheduling and cross-functional team coordination, she ensures alignment with business objectives and enhances process delivery.
RELEVANT PROJECTS:
Entrust Solutions Group – San Ramon, CA – 2024 to Present Project Manager– Electrical Utilities
Manage relationships with vendors to ensure alignment with project objectives and contract compliance. Track project schedules, budgets, and billing milestones to ensure timely completion of deliverables. Coordinate cross-functional teams, aligning project objectives with business goals and overseeing process improvements. Utilize project management tools such as Excel, Smartsheet, and Power BI for tracking KPIs.
San Diego Gas & Electric – San Diego, CA – 2023 – 2024
Project Manager
Managed vendor relationships to ensure timely service delivery and contract compliance. Tracked project schedules and budgets, ensuring accurate financial reporting throughout the project lifecycle. Collaborated within the Major Projects team to enhance processes and develop project plans. Communicated with stakeholders to gather requirements and guide project close-out procedures.
Project Experience – VPP Certification Program, SharePoint Relaunch initiative, Grid Modernization Projects (interconnection, loop-in, electrification, tie line rearrangement, pole replacement) Elligo Health Research – Boston, MA – 2019 – 2022
Project Manager
Developed company processes for onboarding and workflow documentation using Monday.com and Microsoft Office. Optimized the SharePoint platform to enhance information sharing and collaboration. Led consolidation efforts during a company merger, streamlining software and data management.
Coordinated office expansions and office moves.
Project Experience – Office Expansion, Office Relocation, HRIS Launch, LMS Launch, Project Management Platform Launch, Training & Onboarding System Buildout, KPI System Buildout, Inventory Management System Buildout, RFI Management System Creation & Maintenance Work, Inc. – Dorchester, MA – 2017 – 2019
Operations Coordinator
Prepared and implemented program goals and service plans for clients.
Maintained positive relationships with clients and service providers.
Assisted clients in obtaining appropriate healthcare services and tracking progress.
Resume Highlights
Project Management
Data Analysis
Leadership
QA/QC
Years of Experience: 8
Primary Office Location:
San Ramon, CA
Education:
B.S. Psychology
University of Massachusetts,
Amherst
Platform Literacy:
• QA/QC
• PM Platforms
• Data Analysis
• Scheduling/Planning
• Vendor Management
333
Jerald Sanchez Page 1 of 1
Sr. Design Technician rev. 1/2024
OVERVIEW:
Jerald Sanchez works as a Design Technician is currently working on 07D projects, The design experience accumulated from previous employers has allowed him to apply his knowledge to the wide range of work today.
RELEVANT PROJECTS:
PGE–07D projects. / Supervisor
Work consists of Single pole replacement estimating. Using fielded documents to identify required pole and or equipment replacements.
Providing a new Ocalcs, EES, JPA Intent and sketch for ADE review Managed and oversaw the team I was responsible for. Reviewed and approved timesheets. Oversaw designer’s projects to ensure that their projects were delivered with quality and on time.
ENtrust
San Ramon, CA October 2021 – Present
Sr Design Technician: Works in the 07D single pole replacement workstream. Designs distribution poles for replacement. Using fielded documents to identify required pole and or equipment replacements. Providing a new Ocalcs, EES, JPA Intent and sketch for ADE review.
The Jewelers Of Las Vegas
Las Vegas, NV May 2015 – March 2020
Jewelry Cad Designer: Created Customer cad designs with realistic renders.
Used a 5 axis/3dprinter cnc mill to produce a wax to be invested into various metals and gold. Collaborated with jewelers and customers to resolve planning and construction issues projects. Received and reviewed details from design professionals to determine precise measurements for drawing preparation.
Created schematic renderings in computer aided software to produce 2d and 3d models.
The Jewelers Of Las Vegas
Las Vegas, NV September 2006– May 2015
Sales Associate: Sold high end luxurious jewelry and watches to clientele, knowledge on technical aspects of luxurious watches. Worked in casinos such as The Palms, The Venetian, The Palazzo, Hard Rock, And The Red Rock Hotel for the same company.
Resume Highlights
Single Pole Replacement
Team Communication Skills
AutoCAD
07D Projects
Years of Experience: 2
Primary Office Location:
San Ramon, CA
Education:
CSN
Platform Literacy:
• Auto Cad
• ED GIS Web Viewer
• SAP logon
• Ocalcs
• JPA
334
Vanneda Bunna Page 1 of 2
Project Lead rev. 11/14/2024
OVERVIEW:
With six years of professional experience, Vanny brings a high level of selfmotivation and dedication to her work. Vanny possesses two years in engineering designs, and four years of expertise in quality control, leadership, and project management. As a collaborative team player, she excels in leading teams and ensuring the delivery of the highest quality standards to clients. Vanny is committed to continuous learning and growth within the company to drive business success.
RELEVANT EXPERIENCE:
ENTRUST Solutions Group, Project Lead
Pacific Gas & Electric (July 2019 – Present)
(07D Single Pole Replacement and New Business Project)
• Executed high-quality engineering designs, ensuring alignment with client specifications and industry standards.
• Managed project lifecycles from planning and scheduling to budgeting and resource allocation, ensuring timely and successful delivery.
• Developed and implemented quality control processes to maintain high standards and reduce defects.
• Collaborated with design engineers to create solutions that enhanced system functionality and performance.
• Conducted regular project reviews and risk assessments, identifying potential issues and implementing corrective actions promptly. • Utilized project management tools such as Microsoft Suite to track progress and communicate effectively with stakeholders. • Provided leadership and mentorship to team members, fostering a collaborative and productive work environment.
• Ensured final project delivery met all regulations and standards, maintaining the highest levels of safety and quality.
• Facilitated client meetings to present project updates, gather feedback, and ensure client needs were met.
ENTRUST Solutions Group, Sr. Design Technician
Duke Energy (March 2018 – June 2019)
(Pole Replacement and Reconductoring Project)
• Led the recloser replacement team in 2019, overseeing a team of 5- 7 designers with diverse skill levels and backgrounds.
• Managed workload effectively, ensuring timely submission of projects by the team.
• Gained extensive experience in various projects, including recloser replacement, overhead (OH) transformer replacement, pole replacement, fuse replacement, and OH reconductoring.
• Demonstrated a strong understanding of Duke standards.
Resume Highlights
Engineering Design
Project Management
QA/QC
Years of Experience: 6
Primary Office Location:
San Ramon, California
Education:
Central Piedmont Community
College
• Associate of Applied Science
in Computer Engineering
• Industrial Specialist in PLC
Technology Certificate
• Mechatronics Engineering
Technology Certificate
• Electrical Engineering
Technology Certificate
Skills:
• Project Management
• Software Proficiency: OCalc,
Electric Estimating System,
Joint Pole Application,
Microsoft Suite, Adobe Suite,
AcroPlot
• Analytical and Organized
• Leadership and Collaboration
• Risk Management
• Time Management
• Quality Control
• Continuous Learner
335
Vanneda Bunna Page 2 of 2
Project Lead rev. 11/14/2024
• Proficient in client software such as Poleforeman,
BOUD/Microstation, Smallworld, and MAXIMO.
• Conducted pole surveys and assisted the TX retrofits team with fielding, achieving a record of 200 poles fielded in a suburban area in a single day with a two-person team.
336
Gurkarn Sandhu Page 1 of 1
Sr. Design Engineer rev. 11/2024
OVERVIEW:
Gurkarn Sandhu is a skilled mechanical engineer who evaluates design proposals and is dedicated to leadership and communication. He is a quality control lead frequently communicating with clients to ensure designs are up to date, and continually creates and processes design guidelines.
RELEVANT PROJECTS:
Entrust Solutions Group Mar 2019-Present
Sr. Design Engineer
• Evaluating engineering design proposals for work to be completed on the client’s existing utilities.
• Mentoring and providing direction with technical information from client to ensure satisfactory designs.
• Communicating with the external and internal quality control team to stay updated on design procedures.
• Exercising leadership and project management skills to ensure projects are completed on time.
PG&E 07D Workstream / PG&E NB Workstream / Duke Energy
• Creating pole loading calcs, bill of estimates and 2D sketches. • Mentoring individuals on project design, performing internal reviews to make sure projects were ready to provide to clients
Resume Highlights
Evaluating Design Proposals
Leadership Skills
Communication Skills
Years of Experience: 8
Primary Office Location:
San Ramon, CA
Education:
M.S. Mechanical Engineering,
Purdue School of Engineering &
Technology, IUPUI
B.S. Mechanical Engineering,
Purdue School of Engineering &
Technology, IUPUI
Platform Literacy:
• C++
• MATLAB
• LabVIEW
• ABAQUS
• SolidWorks
• ANSYS 16.0
• Microsoft Office
• AutoCAD
• O-Calc Pro
337
RFP Title:
RFP #:
Contractor Name:
Contractor Contact:
Contractor Contact Phone Number:
Contractor Contact Email Address
Sr. Project Manager Project Manager Sr. Technical Lead Sr. Design Engineer Design Engineer Sr. DS Technician Rate: $189.52/hr Rate: $134.93/hr Rate: $159.65/hr Rate: $113.30/hr Rate: $88.58/hr Rate: $70.04/hr Project Administration & Meetings Project Schedule Development 8 8 Project Administration & Meetings Utility Coordination 12 12 Project Administration & Meetings Coordination with Residents 16 16 Project Administration & Meetings Meeting Coordination 8 8 Project Administration & Meetings City Meetings 16 16
Construction Plans/Documents
Research information/plans provided, conduct
surveys as needed, and prepare necessary base
map for engineering design as necessary
30 80 50
Construction Plans/Documents
Prepare plans, diagrams, and specifications to
support panel relocations as needed to include
in the construction bid package.
30 80 50
Construction Plans/Documents Submit design plans at 100% & 100% (Final, as needed) 20 60 40
Prepare Project Specifications
Prepare Project Specifications to support the
construction documents prepared by SCE and
telecommunication companies.
40 10 60 50 50
Cost Estimates
Construction Estimate: Prepare an engineer’s
construction estimate for the designed Project
at the 100% and 100% (Final, as needed)
submittal(s).
10 5 24 75 75
Bid Support
Assist the City in preparation of the project Bid
Package (City has standard bid package
document) and prepare Bid
5 30 10 15
Bid Support
Schedule based on Cost Estimate in Task 4.
Provide responses to questions received during
the bid phase as needed.
10 40 10 15 15
Bid Support
Assist the City in compiling data on bids received
and assist the city in reviewing bids for
responsiveness as requested.
10 30 10 15
Construction Support Services Attend a pre-construction meeting and provide clarification of contract documents as needed. 20 20
Construction Support Services Assist the City with Request for Information responses.
20 20
Construction Support Services
Provide review of the Contractor’s submittals for
conformance with the contract documents. 40 -
Construction Support Services
Provide as-built drawings clouded and noted in
the revision block using the Contractor’s record
red lines
8 8 80
223 223 194 220 140 390 1,390
42,262.96 30,089.39 30,972.10 24,926.0 12,401.20 27,315.60 167,967.25 Travel
Project Administration & Meetings In Person Meetings $ 1,200.00 $ 50.00 $ 600.00 $ 1,850.00 TOTAL COST:
169,817.25
Total Hotel Cost Total Rental Car cost Total Daily Meals Cost Hours
Task Description
TOTAL HOURS
TOTAL COST
Jamie Jones
925-324-3845
[email protected]
Engineering Services For Eastfield Drive Fire Prevention Power Line Undergrounding Project #DR4382-PJ0177
EN Engineering, LLC
1 CITY OF ROLLING HILLS
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 10th day of December, 2024 between the City of Rolling Hills, a municipal corporation, hereinafter referred to as "CITY'' and Ampirical Services Inc. with principal offices at 5471 Kearny Villa Road, Ste. 110, San Diego, CA 92123, hereinafter referred to as "CONSULTANT.
1. RECITALS:
A. The CITY desires to contract the CONSULTANT for engineering services for preparation of supporting construction documents to underground existing overhead utilities from 21 Eastfield Drive to 45 Eastfield Drive including an extension into Chuckwagon Road.
B. CONSULTANT is well qualified by reason of education and experience to perform such services; and
C. CONSULTANT is willing to render such engineering services preparing construction documents to underground existing utilities as hereinafter defined.
Now, therefore, for and in consideration of the mutual covenants and conditions herein contained, CITY hereby engages CONSULTANT and CONSULTANT agrees to perform the services set forth in this AGREEMENT.
2. SCOPE OF WORK
CONSULTANT shall perform all work necessary to complete in a manner satisfactory to CITY the services set forth in the specifications and the scope of work described in Section 2.0 Scope of Services in the REQUEST FOR PROPOSALS
ENGINEERING SERVICES EASTFIELD DRIVE FIRE PREVENTION POWER LINE UNDERGROUNDING PROJECT FUNDED BY FEMA Hazard Mitigation Program #DR4382-PJ0177. Attached herein as Exhibit A (referred to as “SERVICES”).
3. COST
The CITY agrees to pay CONSULTANT for all the work or any part of the work performed under this AGREEMENT at the rates and in the manner established in the attached Cost of Services, attached herein as Exhibit B.
Total contract shall not exceed the sum of one hundred and seventeen thousand, eight hundred and ninety-nine dollars ($117,899.00). This fee includes all expenses, consisting of all local travel, attendance at meetings, printing and submission of any plans or any other documents required by the Scope of Work. It also includes any escalation or inflation factors anticipated. 339
2 Any increase in contract amount or scope shall be approved by expressed written amendment executed by the CITY and CONSULTANT.
4. METHOD OF PAYMENT
CONSULTANT shall be reimbursed within 30 (thirty) days of submitting an invoice to City for the SERVICES. CONSULTANT shall submit an invoice for the SERVICES within 10 (ten) days of completing each task or portion thereof identified in Exhibit A to this AGREEMENT. CONSULTANT shall submit invoices electronically to the City Manager of the CITY and shall also provide a courtesy copy by U.S. Mail addressed to the City Manager of the CITY.
5. SUBCONTRACTING
CONSULTANT may employ qualified independent subcontractor(s) to assist CONSULTANT in the performance of SERVICES with CITY’s prior written approval.
6. COMMENCEMENT OF WORK
CONSULTANT shall commence work under this AGREEMENT upon execution of this AGREEMENT.
7. PERFORMANCE TO SATISFACTION OF CITY
CONSULTANT agrees to perform all work to the reasonable satisfaction of CITY and within the time hereinafter specified.
8. COMPLIANCE WITH LAW
All SERVICES rendered hereunder shall be provided in accordance with the requirements of relevant local, State and Federal Law.
(A). Federal Requirements
FEMA financial assistance will be used to fund all or a portion of this contract.
The CONSULTANT shall comply with all federal requirements including, but not limited to, the following:
(i). 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference.
(ii). Federal Contract Provisions attached hereto as Exhibit C and incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of 340
3 the provisions stipulated in the contract, including but not limited to, 2 C.F.R. Part 200 and the Federal Contract Provisions.
With respect to any conflict between such federal requirements and the terms of this contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
9. ACCOUNTING RECORDS
CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred which records and documents shall be kept available at the CONSULTANT’s office during the contract period and thereafter for five years from the date of final payment.
10. OWNERSHIP OF DATA
All material, including information developed on computer(s), which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, and other material developed, collected or prepared or caused to be prepared under this AGREEMENT (all such materials “Consultant Documents”) are instruments of service with respect to the services rendered by CONSULTANT under this AGREEMENT. CONSULTANT shall retain an ownership and property interest therein (including the right of reuse at the discretion of the CONSULTANT) whether or not the services or project is completed. Copies of Consultant Documents that may be relied upon by City are limited to the printed copies (also known as hard copies) that are signed or sealed by the Consultant. Files in electronic media format of text, data, graphics, or of other types that are furnished by Consultant to City are only for use by the City in any project construction activities. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. The City may retain and use copies thereof for purposes of reference or for fulfilling its obligations under this AGREEMENT only. Such Consultant Documents are not intended or represented to be suitable for reuse by City or others on extensions of a project or on any other project beyond the project covered by this AGREEMENT. Any such reuse or modification without written verification or adaptation by CONSULTANT, as appropriate for the specific purpose intended, will be at City’s sole risk and without liability or legal exposure to CONSULTANT.
11. TERM OF CONTRACT
The term of this Agreement shall be from December 10, 2024 to December 31, 2025, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project.
Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon notice from the City. 341
4 12. SUSPENSION AND TERMINATION
12.1. Suspension by Consultant: Consultant may, after giving seven (7) days written notice to City, suspend services under this Agreement if City has failed to pay Consultant for undisputed invoiced services and expenses, as set forth in Article 3 and Article 4.
12.2. Termination: The obligation to provide further services under this Agreement may be terminated:
12.2.1. For cause:
a. By either party upon thirty (30) days written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. b. By Consultant:
1) upon seven (7) days written notice if City demands that Consultant furnish or perform services contrary to Consultant’s responsibilities as a licensed professional;
2) upon seven (7) days written notice if Consultant’s services are delayed or suspended for more than ninety (90) days for reasons beyond Consultant’s control.
c. Notwithstanding the foregoing, this Agreement will not terminate under Section 12.2.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but not exceed, 60 days after the date of receipt of the notice.
12.3. For convenience: This contract may be terminated by either party with or without cause upon thirty (30) days written notice to the other party.
12.4. Effective Date of Termination: The terminating party may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Consultant to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files.
342
5 12.5. Payments Upon Termination: In the event of any termination under Section
12.2, and subject to the payment terms of Article 3 and Article 4, Consultant will be entitled to invoice City and to receive payment due and owing for all services performed or furnished in accordance with this Agreement, that have either been accepted by City or are otherwise not in dispute, as well as all reimbursable expenses incurred through the effective date of termination. Upon making such payments, City shall have the limited right to the use of Consultant Documents, subject to the provisions of Section 10.
13. ASSIGNABILITY
CONSULTANT shall not assign or transfer interest in this contract without the prior written consent of the CITY.
14. AMENDMENT
It is mutually understood and agreed that no alteration or variation of the terms of this contract, or any subcontract requiring the approval of the CITY, shall be valid unless made in writing, signed by the parties hereto, and approved by all necessary parties.
15. NON-SOLICITATION CLAUSE
The CONSULTANT warrants that he or she has not employed or retained any company or persons, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
16. INDEMNITY
CONSULTANT shall indemnify and save harmless CITY, its elected and appointed officers and employees from all claims, damages, suits, cost or actions of every name, kind or description, brought for, or on account of, (i) injuries to or death of any person, (ii) damage to property in any manner that arises from CONSULTANT’S performance of this AGREEMENT and results from the negligence or intentional misconduct of CONSULTANT, it officers, agents, employees and/or servants CITY shall indemnify and save harmless CONSULTANT, its officers, agents, employees, and servants from all claims, damages, suits, costs or actions of every name, kind, or description, brought for, or on account of, (i) injuries to or death of any person, or (ii) damage to property in any manner that arises from CITY’S performance of this AGREEMENT and results from the negligence or intentional misconduct of the 343
6 CITY, its officers, agents, employees, and/or servants in connection with this AGREEMENT.
If CONSULTANT should subcontract all or any portion of the SERVICES to be performed under this AGREEMENT, CONSULTANT shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the term of the preceding paragraph. This Article 16 shall survive termination or expiration of this AGREEMENT.
17. INSURANCE
A. Without limiting CONSULTANT’S obligations arising under paragraph 16 - Indemnity, CONSULTANT shall not begin work under this AGREEMENT until it obtains policies of insurance required under this section. The insurance shall cover CONSULTANT, its agents, representatives and employees in connection with the performance of work under this AGREEMENT, and shall be maintained throughout the term of this AGREEMENT. Insurance coverage shall be as follows:
i. Automobile Liability Insurance with minimum coverage of $300,000 for property damage, $300,000 for injury to one person/single occurrence, and $300,000 for injury to more than one person/single occurrence. ii. Public Liability and Property Damage Insurance, insuring CITY its elected and appointed officers and employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from CONSULTANT’S actions under this AGREEMENT, whether or not done by CONSULTANT or anyone directly or indirectly employed by CONSULTANT. Such insurance shall have a combined single limit of not less than $500,000. i. Worker’s Compensation Insurance for all CONSULTANT’S employees to the extent required by the State of California. CONSULTANT shall require all subcontractors who are hired by CONSULTANT to perform the SERVICES and who have employees to similarly obtain Worker’s Compensation Insurance for all of the subcontractor’s employees.
ii. Professional Liability Insurance for CONSULTANT that at a minimum covers professional misconduct or lack of the requisite skill required for the performances of SERVICES in an amount of not less than $500,000 per occurrence.
B. Deductibles for policies referred to in subparagraphs A (i) (ii) and (iii) are the sole responsibility of the CONSULTANT.
C. Additional Insured. City, its elected and appointed officers and employees shall be named as additional insured on policies referred to in subparagraphs A (i) and (ii).
344
7 D. Primary Insurance. The insurance required in paragraphs A (i) and (ii) shall be primary and not excess coverage.
E. Evidence of Insurance. Consultant shall furnish CITY, prior to the execution of this AGREEMENT, satisfactory evidence of the insurance required, issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is required to give CITY at least 30 days prior written notice of the cancellation of any policy during the effective period of the AGREEMENT. All required insurance policies are subject to approval of the City Attorney.
Failure on the part of CONSULTANT to procure or maintain said insurance in full force and effect shall constitute a material breach of this AGREEMENT or procure or renew such insurance, and pay any premiums therefore at CONSULTANT’S expense.
18. ENFORCEMENT OF AGREEMENT
In the event that legal action is commenced to enforce or declare the rights created under this AGREEMENT, the prevailing party shall be entitled to an award of costs and reasonable attorney’s fees in the amount to be determined by the court.
19. CONFLICTS OF INTEREST
No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this AGREEMENT; and the CONSULTANT further covenants that in the performance of this AGREEMENT, no person having any such interest shall be employed.
20. INDEPENDENT CONTRACTOR
The CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its agents shall have control over the conduct of the CONSULTANT or any of the CONSULTANT’s employees or subcontractors, except as herein set forth. The CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY.
21. ENTIRE AGREEMENT OF THE PARTIES
This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONSULTANT by CITY and contains all the covenants and agreements between the parties with respect such employment in any manner whatsoever. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which 345
8 are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONSULTANT.
22. NOTICES.
All written notices required by, or related to this AGREEMENT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this AGREEMENT shall refuse to accept such mail; the parties to this AGREEMENT shall promptly inform the other party of any change of address. All notices required by this AGREEMENT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this AGREEMENT is as follows:
CITY: Karina Bañales, City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
CONSULTANT: Ampirical Services Inc.
Attn: Kurt Traub - VP of Engineering
5471 Kearny Villa Road Ste 110
San Diego, CA 92123
23. GOVERNING LAW
This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written.
CITY OF ROLLING HILLS CONSULTANT
CITY MANAGER
______ _____ ________
KARINA BAÑALES KURT TRAUB - VP OF ENGINEERING
DATE:___________ DATE:_____________
ATTEST: APPROVED AS TO FORM:
______ _____ ______ _____
CITY CLERK PATRCK DONEGAN, CITY ATTORNEY
346
A
Exhibit A
Scope of Work
347
B
Exhibit B
Cost of Services
348
Exhibit C
FEDERAL CONTRACT PROVISIONS
During the performance of this contract, Consultant shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit.
1. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (A) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (B) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.
Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. Notwithstanding the foregoing, the affirmative steps requirements detailed above do not apply in the case of a noncompetitive procurement made under the emergency exception/exigency exception to competitive procurements. 349
2. COST PRINCIPLES (2 C.F.R. PART 200, SUBPART E)
(A) If any indirect costs will be charged to the City under this contract, such costs must conform to the cost principles set forth under the Uniform Rules at 2 C.F.R. Part 200, subpart E (“Cost Principles”). In general, costs must (i) be necessary and reasonable; (ii) allocable to the grant award; (iii) conform to any limitations or exclusions set forth in the Cost Principles; (iv) be adequately documented; and (v) be determined in accordance with generally accepted accounting principles (“GAAP”), except, for state and local governments and Indian tribes only, as otherwise provided for in 2 C.F.R. Part 200, subpart E. 2 C.F.R. § 200.403. Costs that are determined unallowable pursuant to a federal audit are subject to repayment by Consultant.
3. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336) (A) Consultant shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency, Inspectors General, the Comptroller General of the United States, City, and the State of California or any of their authorized representatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this contract for the purposes of making and responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Consultant's personnel for the purpose of interview and discussion related to the books and records.
(B) The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (C) The Consultant agrees to provide the Federal Agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
(D) In compliance with the Disaster Recovery Act of 2018, the City and Consultant acknowledge and agree that no language in this contract is intended to prohibit audits or internal review by the FEMA Administrator or the Comptroller General of the United States.
4. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.326)
(A) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. If the contract is in excess of $10,000 and the contract does not include provisions for both termination for cause and termination for convenience by the City, including the manner by which it will be effected and the basis for settlement, then the following termination clauses shall apply. If the contract is for more than the simplified acquisition threshold (see 2 C.F.R. § 200.88) and does not provide for administrative, contractual, or legal remedies in instances where Contractor violates or breaches the terms of the contract, then the following termination clauses shall apply and have precedence over the contract. Otherwise, the following termination clauses shall not be applicable to the contract.
350
(i) Termination for Convenience. The City may, by written notice to Consultant, terminate this contract for convenience, in whole or in part, at any time by giving written notice to Consultant of such termination, and specifying the effective date thereof (“Notice of Termination for Convenience”). If the termination is for the convenience of the City, the City shall compensate Consultant for work or materials fully and adequately provided through the effective date of termination. No amount shall be paid for unperformed work or materials not provided, including anticipated profit. Consultant shall provide documentation deemed adequate by the City to show the work actually completed or materials provided by Consultant prior to the effective date of termination. This contract shall terminate on the effective date of the Notice of Termination. (ii) Termination for Cause. If Consultant fails to perform pursuant to the terms of this contract, the City shall provide written notice to Consultant specifying the default (“Notice of Default”). If Consultant does not cure such default within ten (10) calendar days of receipt of Notice of Default, the City may terminate this contract for cause. If Consultant fails to cure a default as set forth above, the City may, by written notice to Consultant, terminate this contract for cause, in whole or in part, and specifying the effective date thereof (“Notice of Termination for Cause”). If the termination is for cause, Consultant shall be compensated for that portion of the work or materials provided which has been fully and adequately completed and accepted by the City as of the date the City provides the Notice of Termination. In such case, the City shall have the right to take whatever steps it deems necessary to complete the project and correct Consultant's deficiencies and charge the cost thereof to Consultant, who shall be liable for the full cost of the City's corrective action, including reasonable overhead, profit and attorneys' fees.
(iii) Reimbursement; Damages. The City shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided and shall be entitled to withhold compensation for defective work or other damages caused by Consultant’s performance of the work.
(iv) Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience, Consultant shall promptly discontinue the work unless the Notice directs to the contrary. Consultant shall deliver to the City and transfer title (if necessary) to all provided materials and completed work, and work in progress including drafts, documents, plans, forms, maps, products, graphics, computer programs and reports. Consultant acknowledges the City’s right to terminate this contract with or without cause as provided in this Section, and hereby waives any and all claims for damages that might arise from the City’s termination of this contract. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed work or materials not provided, and shall not be entitled to damages or compensation for termination of work or supply of materials. If City terminates this contract for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event, Consultant shall be entitled to receive only the amounts payable under this Section, and Consultant specifically waives any claim for any other amounts or damages, including, but 351
not limited to, any claim for consequential damages or lost profits. The rights and remedies of the City provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this contract including, but not limited to, the right to specific performance. (B) Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, if this contract meets the definition of a “federally assisted construction contract” in 41 C.F.R. § 60-1.3, then Consultant shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:
(i) Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
Consultant will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause.
(ii) Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin.
(iii) Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Consultant's legal duty to furnish information.
(iv) Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of 352
September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi) Consultant will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) Consultant will include the provisions of paragraphs (i) through (viii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. Consultant will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, Consultant may request the United States to enter into such litigation to protect the interests of the United States.
(C) Appendix II to Part 200 (D) – Davis-Bacon Act; Copeland Act: Not applicable to this contract.
(D) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) If this contract is in excess of $100,000 and involves the employment of mechanics or laborers, Consultant shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5).
Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
The requirements of 40 U.S.C. 3704 are applicable to construction work and 353
provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(ii) No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(iii) In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
(iv) The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(v) The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.
(E) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
(i) If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution 354
of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the City.
(ii) The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. (iii) This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.” (F) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,000, Consultant shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection City Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(G) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the 355
OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(i) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs.
Consultant also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this contract. (H) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this contract is in excess of $100,000, Consultant shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract term funding exceeds $100,000.00, Consultant shall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Consultants that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (I) Appendix II to Part 200 (J) – Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements 356
of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
(ii) Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpgprogram.
5. MISCELLANEOUS PROVISIONS
(A) The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval. (B) This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of this contract. The Consultant will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.
(C) Consultant acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant’s actions pertaining to this contract.
(D) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, Consultant, any subcontractors or any other party pertaining to any matter resulting from the contract. (E) General and Administrative Expenses And Profit For Time And Materials Contracts/Amendments.
(i) General and administrative expenses shall be negotiated and must conform to the Cost Principles.
(ii) Profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Consultant, the Consultant's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
(iii) Any agreement, amendment or change order for work performed on a time and materials basis shall include a ceiling price that Consultant exceeds at its own risk.
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Agenda Item No.: 15.A
Mtg. Date: 12/10/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: RECEIVE AND FILE A VERBAL UPDATE ON THE OUTDOOR
EMERGENCY SIREN PROJECT AND CITYWIDE TESTING
DATE: December 10, 2024
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
359
Agenda Item No.: 16.A
Mtg. Date: 12/10/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 (B)(1)
TITLE: CITY MANAGER
DATE: December 10, 2024
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
None.
ATTACHMENTS:
360
Agenda Item No.: 16.B
Mtg. Date: 12/10/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(1)
THE CITY FINDS, BASED ON ADVICE FROM LEGAL COUNSEL, THAT
DISCUSSION IN OPEN SESSION WILL PREJUDICE THE POSITION OF THE CITY IN THE LITIGATION. (1 CASE)
a. NAME OF CASE: CONNIE ANDERSEN, ET AL. V. CALIFORNIA
WATER COMPANY, ET AL. (SEAVIEW CASE) CASE NO.:
24STCV20953
DATE: December 10, 2024
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
None.
ATTACHMENTS:
361
Agenda Item No.: 16.C
Mtg. Date: 12/10/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
GOVERNMENT CODE SECTION 54956.9 (TWO CASES) CPUC
COMPLAINTS AGAINST SOUTHERN CALIFORNIA EDISON AND
SOCAL GAS
DATE: December 10, 2024
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
None.
ATTACHMENTS:
362