ATTACHMENT C
1 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
WOODARD & CURRAN, INC.
FOR
IWWTP EXPANSION 2024 DESIGN AND CONSTRUCTION SUPPORT,
PROJECT CC24-099
THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this ay of , 2024, for reference purpose only, is made and entered into by and between THE CITY OF VICTORVILLE, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and Woodard & Curran, Inc., a corporation located in the state Maine, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.” RECITALS:
WHEREAS, the City requires Consultant/Professional Services for IWWTP Expansion 2024 Design and Construction Support; and
WHEREAS, Consultant represents that it is fully qualified to perform the consulting and/or professional services required for performance under this Agreement by virtue of its experience and the training, education and expertise of its principals and its employees; and WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, IWWTP Expansion 2024 Design and Construction Support; and
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
Section 2. SCOPE OF SERVICES
Consultant shall provide to the City those services set forth in the Scope of Services, attached hereto as Exhibit “A” and incorporated as part of this Agreement by this reference.
Section 3. COMPENSATION
The City shall pay to Consultant a sum not to exceed One Million Eight Hundred Eighteen Thousand Eighteen and 00/100 Dollars ($1,818,018.00) for faithful performance of the services to be rendered under this Agreement, subject to the Proposal provisions of Section 4, below. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense 2 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “B”, below; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the Cit y shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.
Section 4. COST PROPOSAL (CHANGE AS APPLICABLE)
The City shall pay Consultant as provided in the Cost Proposal, attached hereto as Exhibit “B” and incorporated as part of this Agreement by this reference. The provisions of Exhibit “B” notwithstanding, in order to receive payments, Consultant shall be required to submit to the City detailed monthly invoices which include, if applicable, a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Consultant’s invoice.
Section 5. RESERVED
Section 6. TERM OF AGREEMENT
This Agreement shall be for an Initial Term of One (1) year commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring on One (1) year from the Commencement Date (the “Termination Date”) (the “Term”), unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent Agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.
This Agreement may be extended for Four (4) additional one-year periods (hereinafter “Option Periods”), at the option of the City, subject to satisfactory performance as determined by the City. The City shall give Consultant sixty (60) days advance written notice prior to the expiration the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the then- current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the City fail to give Consultant the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Consultant.
Section 7. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the Parties that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or any employee or agent of Consultant. Both Parties acknowledge that Consultant is not an employee for state or federal tax purposes or any other purpose. Consultant shall retain the right to perform services for others during the term of this Agreement.
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Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF
CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City.
(3) The services described in this Agreement can be performed without the use of City equipment, materials, tools, or facilities, unless otherwise provided under a separate Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Consultant to perform the services described in this Agreement.
(6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement. (2) The City will not hire, supervise, or pay any employees or assistants working for Consultant pursuant to this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees or assistants after termination of this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(4) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (5) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement.
(6) Unless deemed necessary under certain circumstances, Consultant is not required to perform the services set forth in this Agreement at City Hall or on City-owned property.
Other than attendance at required public meetings and public hearings, and complying with the provisions of the Proposal set forth in Exhibit B and any procedural requirements set forth by 4 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
law, Consultant is not required to perform the services set forth in this Agreement in any particular order or sequence.
(7) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
Section 9. NOT AGENT OF THE CITY
a. Nothing contained in this Agreement shall be deemed, construed, or represented by the City or Consultant or by any third person to create the relationship of principal and agent. b. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.
Section 10. LICENSES AND PERMITS
Consultant represents that it has obtained and will maintain at all times during the Initial Term (and during the Option Period, if applicable) of this Agreement all business licenses, including but not limited to a City of Victorville business license, professional licenses or certifications, or permits necessary for performing the services described in this Agreement.
Section 11. STANDARD OF PERFORMANCE; WARRANTY
a. Consultant agrees to perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which is reasonably satisfactory to Fredy A. Bonilla, City Engineer, or his designee. b. By executing this Agreement, Consultant warrants that it:
(1) Has thoroughly investigated and considered the services and work to be performed;
(2) Has investigated the issues regarding the scope of services to be provided;
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.
Section 12. FAMILIARITY WITH WORK
Should Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any services, except at Consultant's risk, until written instructions are received from Fredy A. Bonilla, City Engineer, or his designee. 5 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
Section 13. CONFLICTS OF INTEREST
Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s services under this Agreement. Consultant further covenants that in the performance of services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
Section 14. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Consultant or its employees, officers, or board members.
Section 15. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY
INSURANCE
a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable) , Commercial General Liability Insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the acts or omissions of the Consultant or its officers, employees, servants, volunteers, and agents and independent contractors.
b. Consultant shall further procure and maintain, at its own expense, during the Initial Term of this Agreement, (and during the Option Period, if applicable), Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.
Section 16. WORKERS' COMPENSATION INSURANCE
a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), Workers' Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law.
b. If any class of employees employed by the Consultant pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
Section 17. PROFESSIONAL LIABILITY INSURANCE
a. Professional Liability Insurance or Errors and Omissions insurance as appropriate to Consultant’s profession shall be required and written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors and omissions of 6 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
the Consultant in the performance of the services required by this Agreement. A minimum limit of $1,000,000 per claim and in the aggregate must be provided.
Section 18. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed to name the City and it s officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
Section 19. WAIVER OF SUBROGATION RIGHTS
Consultant shall require the carriers of all required insurance policies, with exception to Professional Liability, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 20. PROOF OF INSURANCE COVERAGE; REQUIRED
ENDORSEMENTS
a. Consultant shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the City Clerk certificates of insurance evidencing the required coverage, and policy endorsements at least one (1) business day prior to the commencement of any services to be performed under this Agreement. b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term (and during the Option Period, if applicable), of this Agreement.
e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Consultant’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be Section 21. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least 7 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 23. INDEMNIFICATION
a. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.
b. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.
(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set for th in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference.
Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees.
c. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance 8 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
d. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.
Section 24. REPORTS
Upon request by Fredy A. Bonilla, City Engineer, or his designee or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.
Section 25. RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Fredy A. Bonilla, City Engineer, or his designee, to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. Fredy A. Bonilla, City Engineer, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to Fredy A. Bonilla, City E ngineer, or his designee, for purposes of performing an audit for a period of five (5) excess of the Consultant’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.”
Section 26. RESERVED
Section 27. CONFIDENTIALITY; OWNERSHIP OF WORK
a. Any and all documents and information obtained from the City or prepared by Consultant for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to the City upon termination of the Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of Fredy A. Bonilla, City Engineer, or his designee, or as required by applicable law.
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c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of Fredy A. Bonilla, City Engineer, or his designee, or as required by applicable law.
d. A ll original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by Fredy A. Bonilla, City Engineer, or his designee. Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.
e. Consultant’s covenants under this Section 27 shall survive the termination of this Agreement.
Section 28. PRINCIPAL REPRESENTATIVES
a. Scott Goldman, Vice President, or his designee, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.
b. Fredy A. Bonilla, City Engineer, or his designee shall be t he principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement. c. Either Party may designate another individual as its principal representative b y giving written notice of such designation to the other Party.
Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES
a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
b. During the Initial Term, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of IWWTP Expansion 2024 Design and Construction Support but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.
Section 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and Agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and Agreements in this Agreement. c. No Agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to 10 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
this Agreement, shall be valid or binding on either Party.
Section 31. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Consultant/Professional Services Standard Provider Agreement and Exhibit “B” the terms of this Consultant/Professional Services Standard Provider Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Consultant/Professional Services Standard Provider Agreement.
Section 32. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the City: Fredy A. Bonilla, City Engineer
Engineering Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: Scott Goldman, Vice President
Woodard & Curran, Inc.
515 S. Flower Street, 18th Floor
Los Angeles, CA 90071
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 33. NON-LIABILITY OF CITY OFFICERS AND
EMPLOYEES
No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Consultant or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
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Section 34. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
Section 35. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
Section 36. ASSIGNMENT
This Agreement shall not be assigned by either Party without prior written consent of the other Party.
Section 37. CARE OF WORK
The performance of services by Consultant or the payment of money by the City shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such incomplete, inaccurate or defective work is due to the negligence of Consultant.
Section 38. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 40. GENDER
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another. 12 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
Section 41. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 42. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 43. DEFAULT
a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.
c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.
Section 44. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
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Section 46. ATTORNEYS’ FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 47. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Consultant, approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.
Section 48. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING
AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 49. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE WOODARD CURRAN, INC.
By: _ By:
Elizabeth Becerra, Scott Goldman,
Mayor Vice President
Dated: _ Dated:
ATTEST
By: _
Jennifer Thompson,
City Clerk
Dated: __
By:
Sandra Bostick,
Risk Manager
Dated: _____________________________
APPROVED AS TO STANDARD FORM:
By: _______________________________
Andre de Bortnowsky,
City Attorney
Dated: ____________________________
15 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
EXHIBIT A
SCOPE OF SERVICES
SEE ATTACHED
D | Workplan
Project CC24-099
D.11
Scope
Phase 1: Preliminary Design (30%) Services
Woodard & Curran will prepare a Preliminary Design Report, complete with 30% design drawings, applicable design criteria and assumptions, a cost estimate, a Project implementation timeline (including detailed design), and recommendations for the detailed design. The preliminary design services will start with a kickoff meeting and site reconnaissance.
Phase 1 Project Management and Administration
Project Administration: Project administration includes Project setup, invoices, coordination meetings, schedule development and monitoring, financial monitoring, and related work. The Project Manager/Deputy Project Manager and Project Assistant will conduct this work for the duration of the Project.
Kickoff Meeting: Woodard & Curran will meet via teleconference with the City of Victorville to initiate the Project. The tentative agenda includes:
• Introductions
• Review City of Victorville’s goal and objectives
• Review of design concept and key Project criteria
• Review of Project approach
• Review of scope of work
• Review schedule
• Discussion of data needs from the City of Victorville • Review of logistics of communications, reviews, and other coordination items Project Meetings: The Project Delivery Team will meet weekly during the Project to discuss project design progress and any related issues with the City of Victorville. These periodic meetings will be conducted via teleconference.
Project Workshops: Woodard & Curran will conduct up to five (5) workshops with the City of Victorville, typically after each design milestone deliverable. The workshops will provide stakeholders with the opportu- nity for input on the design.
QA/QC: We will implement several Quality Assurance/Quality Control (QA/QC) measures during the Project.
A team of senior experts, who are independent from the design team, will review the Project at the start and at the initial milestones. This Senior Technical Advisory Review, or STAR, will focus on big picture issues including operations, maintenance, constructability, opportunities for innovation, and a wide range of consid- erations to help the Project Team achieve overall Project success.
In addition, senior engineers will provide independent technical reviews of the designs, calculations, and drawings. These reviews focus on the design details.
Finally, via the workshops and design reviews (both internal and by the City), constructability, operability, and safety approaches will be validated.
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Initial Site Investigations
Site Visit: Up to three (3) members of our engineering team will conduct a site investigation to verify field conditions, obtain data needed for the detailed design, and identify potential field conditions that are not represented or that are inconsistent with record information. The engineers will meet with site personnel to obtain information. The scope will be primarily focused on verifying tie-in points for utilities and process equipment and reviewing existing control systems and requirements for the new system.
Initial Geotechnical Investigations: Woodard & Curran and SLR Consulting will conduct a desktop analysis and geotechnical survey at the proposed site for new treatment processes. The locations and scope of the investigations will be dependent on upgrading the existing IWWTP versus adding new treatment trains on an adjacent parcel.
The scope of work includes:
• Investigating subsurface utility records, notifying utility owners of anticipated work and requesting current record information, and mapping known utilities prior to drilling. • Drilling borings or rock probes in the areas of future structures or along pipes routes. This scope assumes up to six borings advanced to depths of 30, 50, and 80 feet below ground surface using hollow-stem-au- ger drilling equipment.
• Obtaining samples and performing analyses to establish soil characteristics, groundwater levels, and soil chemistry.
• Geotechnical recommendations including subgrade preparation, foundation and flooring design, dewa- tering during construction, soil bearing capacity, and seismic classifications.
The geotechnical investigations, findings, and recommendations will be recorded in a geotechnical report and included as an appendix to the Preliminary Design Report.
Financial Initiative Plan
Financial Initiative Plan: Woodard & Curran will develop a Financial Initiative Plan (FIP) that is tailored to the IWWTP expansion’s funding needs and will help the City develop a holistic plan to fund the Project. Funding programs whose drivers match specific elements of the City demographic characteristics and needs will be identified and evaluated for competitiveness and fit. Woodard and Curran will develop a demographic profile of the City to identify funding-related characteristics and will review available data associated with the IWWTP funding needs and technical plan. Using this data, our financial specialists will evaluate funding opportunities that best match the financial needs. As part of Woodard & Curran’s commitment to the City’s on-going success, the FIP is included at no additional cost. Specific components for the FIP include the following:
• Conduct a desktop survey, including:
» Investigate funding and financial resources and strategies to support the IWWTP expansion. » Review each project element with appropriate City officials to provide the most current program information and best program fit.
» Develop a community demographic funding profile.
• Identify available revenue sources for the project.
• Identify funding shortfalls for the project.
• Identify funding and financial agency opportunities for the projects and present alternative funding and finance agency requirements, notice of funding availability expectations, administrative requirements and process requirements.
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D.13
• Conduct a funding matrix evaluation of viable options for grant funding, low-interest financing, and other fiscal solutions, including an estimation of any funding gap. • Conduct a scenario analysis for the project, including:
» Funding and financial scenario calculations
» Funding and financial agencies outline and synopsis
» Fiscal recommendations
» Implementation schedule for application, planning, and administration for recommended programs • A Draft FIP with recommendations, to include an action plan based on findings and scenario analysis for project funding and financing, as well as considerations for project priorities if funding opportunities indicate a benefit exists.
• A Final FIP and presentation of findings and recommendations.
Conceptual Design
Conceptual Design: Based on our technical approach, Woodard & Curran will develop a conceptual design to meet the Project objectives. Key background information, performance parameters and potential technology, and layout alternatives will be identified. Woodard & Curran will then facilitate a Conceptual Design Workshop to present a summary of our understanding of the historical flows and loadings, confirm projections, and present initial design findings. Alternatives to meet the Project criteria will be presented and discussed.
Based on the Conceptual Design Workshop, supplemental investigations will be scoped as needed to address data gaps and performed only as authorized by the City. For the purpose of the level of effort, the following is assumed to be required following the Conceptual Design Workshop:
• Topographic Survey: Its assumed Woodard & Curran’s subcontractor will conduct a topographic survey at the location of new tankage/processes. The survey will include topography (1-foot intervals) within the limits of work, surface features, above-grade utilities, and above-grade structures. The survey will incor- porate buried utilities available from existing site utility plans provided by the City of Victorville (in Civil 3D 2023). The surveyor will be licensed in the state of California. The deliverable will be a sealed PDF copy of the survey and an unsealed Civil 3D, 2023 file (complete with COGO points in accordance with Woodard & Curran standard layering and linetype standards).
• Geotechnical Investigations: No supplemental geotechnical investigations are required. • Utility Potholing: Utility potholing will be performed to verify City and utility infrastructure as needed to facilitate improvements. Utilities known to be connection points for or in conflict with the Project will be located. Where coordination is required, elevations of existing utilities will be mapped and provide to the applicable utility. Utilities will be updated on the design drawing basemap. If needed, Woodard & Curran will prepare Second Utility Notification Letters (Prepare to Relocate), Third Utility Notification Letters (Notice to Relocate), and if necessary, Fourth Utility Notification Letters (Notice to Relocate immediately).
Initial Permitting and Environmental Documentation
Environmental Constraints: Woodard & Curran and its subconsultants will perform the following and provide an Environmental Constraints section in the Preliminary Design Report. These field and desktop surveys will include the proposed seven acres where a second treatment train may be placed. The scope of work includes developing a constraints memorandum that includes evaluation and documentation of:
• Biological Resources: Reconnaissance of level field surveys with field notes, geospatial data, and the constraints memorandum to report common habitats and flora and fauna as well as special status D | Workplan
Project CC24-099
D.14
species, and jurisdictional water features. A Biological Resources Technical Memorandum would be prepared and included as an Appendix to the environmental constraints report. • Cultural Resources: The results of the Record Search will be reviewed and evaluated to inform a site survey that will be used to identify and help avoid potential archaeological, historical, or Tribal cultural resources. A Cultural Resources Technical Memorandum would be prepared and included as an Appendix to the environmental constraints report.
• Other CEQA Guidelines Appendix G Resources: The field visit will assess land use conditions of proposed Project areas for potential constraints related to sensitive land uses, receptors, and potential environmental impacts.
• Recommendations for Avoidance and Minimization Measures: Recommendations for avoiding potential impacts to resources identified or ways to reduce potential impacts will be incorporated into the report and used to help inform design.
• Permitting Strategy: The Environmental Constraints section will include a preliminary identification of environmental permits likely to be required. Potential permits will be summarized in table format with brief description of permit name and jurisdictional agency, permit trigger, approximate timeline, and the likelihood of the permit being required.
Permitting Review: Woodard & Curran will use the information developed for the Environmental Constraints Report and other local and state permitting requirements to prepare a list of permits required for the Project to be incorporated into the Engineering Report. This work is limited to the identification of the needs and generic anticipated timelines of approval.
California Environmental Quality Act Compliance & Permitting Woodard & Curran will support the City in the preparation of CEQA compliance documents. Woodard & Curran will use the findings of the Environmental Constraints in the Preliminary Design Report to inform the preparation of an Initial Study and assumed Mitigated Negative Declaration (IS/MND). The IS/MND will follow the CEQA Guidelines and evaluate impacts as listed in CEQA Appendix G. After the City’s approval of the Project Description, Woodard & Curran will prepare the following:
• an Administrative Draft IS/MND,
• a Screencheck Draft IS/MND,
• a public draft IS/MND, and
• a draft Notice of Intent of Availability.
The IS/MND would at a minimum include the following sections:
• Title Page and Tables of Contents
• Introduction: This section provides a preamble to the document with an explanation of CEQA requirements.
• Project Description: A draft of the Project Description will be provided to the City for approval before the Administrative Draft is prepared. The Project Description will be updated as needed throughout the permitting process.
• Environmental Impact Analysis: Woodard & Curran will follow the CEQA Appendix G checklist to evaluate potential impacts of the selected Project.
• List of document preparers
• References
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New Waste Discharge Requirements Permit Amendment
Woodard & Curran will perform the following tasks in assistance with the City’s permit renewal, including permitting the increased flow.
Report of Waste Discharge (ROWD) Strategy: Woodard & Curran will conduct the perform the following in support of the ROWD renewal:
• Project Kick-off Meeting: Schedule, prepare an agenda, and lead, a permitting specific kick-off meeting with City staff to discuss issues of potential concern, planned changes at the IWWTP, compliance considerations, expected and requested Permit changes, preliminary contents for the ROWD, project milestones, and proposed project schedule.
• Regional Water Quality Control Board (Regional Board) Coordination: Conduct a workshop to under- stand Regional Board priorities and expectations related to the Permit amendment. • Permit Strategy Meeting: Develop a strategy based on insights from the Regional Board Workshop.
Conduct a meeting with City staff to present and refine an appropriate permit amendment strategy.
ROWD Application: Woodard & Curran will collaborate with the City in the preparation of the ROWD appli- cation package. The Woodard & Curran team will prepare the draft ROWD in accordance with the following sub-tasks:
• Request for Information: Collect and review available facilities descriptions, as-builts and water quality data that are needed for the ROWD preparation. Conduct a gap analysis to determine what additional information is needed in order to complete the ROWD application package. • Prepare Draft ROWD: Produce a draft ROWD permit renewal application package for City review and comment. Draft package will include a cover letter, required forms (Form 200 & any required forms from the Regional Board), facility and infrastructure descriptions, requested changes to the current Permit, and any special technical analyses completed that may be requested by the Regional Board. Following City review of the ROWD application package, a meeting will be held to discuss City comments. • Antidegradation Analysis: As required as part of the ROWD, conduct an Antidegradation Analysis to evaluate whether the increase in flow is consistent with federal and state antidegradation policies in 40 CFR Section 131.12 and State Water Board Resolution 68-16. The Antidegradation Analysis report is expected to include the following primary elements:
» Overview of the proposed discharge condition
» Water quality assessment
» Evaluation of best practicable treatment or control (BPTC) » Socioeconomic considerations
» Antidegradation analysis findings
• Prepare/Submit Final ROWD: Prepare a draft ROWD for City review. Following receipt of City comments on the draft ROWD application package, incorporate the City comments and produce a final ROWD appli¬cation package for submittal to the Regional Board. The final package will include City representa- tive signature on the cover letter and certification signatures on state and federal forms. • Negotiate Permit: Immediately following Regional Board issuance of an Administrative Draft Order, review the Administrative Draft Order and provide suggested comments to the City for review. Meet (vir- tually) with the City to discuss sug¬gested Administrative Draft comments. (Typically, the Regional Water Board provides approximately one week to review the Administrative Draft Order and submit comments.
Given the short review period, meetings associated with the review of the Administrative Draft Order D | Workplan
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D.16
will be held virtually.) Produce final comments, including City input, for submittal to the Regional Board.
Correspond with Regional Water Board staff, as necessary, to answer questions and negotiate permit terms and conditions.
• Tentative Order: Review the Tentative Order, following issuance by the Regional Water Board, and provide suggested comments to the City for review. Meet with the City to discuss suggested Tentative Order comments. If necessary, conduct additional research for citations of precedent-setting activity.
Produce final comments for submittal to the Regional Water Board. Correspond and meet with Regional Water Board and City staff, as necessary, to answer ques¬tions and negotiate permit language. • Revised Tentative Order: Review responses to comments and revised Tentative Order for consistency with previous negotiations and to check whether any new issues need to be discussed with Regional Board staff. Correspond with Regional Board and City staff, as necessary, to resolve any issues or concerns.
• If requested by the City, assist in preparing a presentation for delivery in front of the Regional Board during the Permit adoption hearing. If the Permit is not in the consent calendar, assist the City in prepar- ing for the adoption hearing and attend to help answer any technical questions. 30% Design Documents
Basemapping: In addition to leveraging existing IWWTP record information and drawings, Woodard & Curran will perform a three-dimensional (3D) scan of the existing facilities that will be integrated into the design. The scope will include applicable above ground and visible buildings, structures, equipment, piping, and cable tray. The extent of the scanning will be established during the Conceptual Design Workshop. Note that the original design of the IWWTP was completed in a program known as MEP which is not directly compatible with the current standard of 3D design (Revit 2024).
30% Drawings: Woodard & Curran will develop the 30% preliminary design that defines the design basis for the different disciplines. It will incorporate design standards established by the City of Victorville and by authorities having jurisdiction. Woodard & Curran will summarize the design criteria necessary for each discipline. Woodard & Curran will prepare preliminary drawings including civil/site, process mechanical, electrical and instrumentation as follows:
• Civil/Site - includes existing and proposed site layouts, utility identification, rights-of-way and easement identification, grading, site constraints, initial erosion and sedimentation details and post-construction stormwater management.
• Process Mechanical – existing and proposed process flow diagrams with mass balance, existing and proposed hydraulic profile, initial plans and sections of proposed or modified conditions. • Electrical – existing and proposed one line diagram, initial electrical site plan • Instrumentation – network architecture diagram
30% Opinion of Probable Construction Cost: Woodard & Curran will prepare a Class 3 opinion of probable construction cost (30% cost estimate) as defined by the AACE to develop a summary of capital expenditures (CAPEX) using the 30% design drawings. A Class 3 estimate is a Project Budget Estimate or Funding Request Estimate. The expected accuracy for Class 3 estimates typically ranges from -20 to +30 percent. We will also prepare a cost estimate for IWWTP operations expenditures (OPEX). The cost estimating methodology will be provided as an appendix to the Preliminary Design Report.
Preliminary Design Report: We will prepare an Engineering Design Report that summarizes the design criteria and rationale as described below:
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D.17
• Executive Summary
• Project Background including
» Design objectives
» General condition assessment of existing facilities
» Identification of stakeholders and their respective interfaces » Prioritize upcoming capital improvements
• Permitting Review
• Historical and Projected influent flows and loadings
• Summary of effluent water quality criteria
• Project alternatives analysis
• Basis of design details for civil/site, architectural, structural, process mechanical, HVAC, plumbing, electri- cal, instrumentation, facilities protection disciplines • Preliminary equipment list
• 30% Cost Estimate
• Summary of financial funding opportunities
• Conceptual Full Advanced Treatment Design
» Development and execution of a water sampling campaign to characterize the existing IWWTP’s treated effluent for reverse osmosis.
» Identification of the steps and upgrades needed for the IWWTP to provide advanced treatment for potable reuse with regards to meeting regulatory requirements and to developing design documents.
» Preliminary sizing of the Department of Drinking Water’s standard DPR treatment train process components for the City of Victorville’s application.
» Development of a facility approach, including planimetric layout, location, and waste stream management.
• Project delivery options and next steps
30% Design Workshop and Review: We will facilitate a workshop with City of Victorville to review the draft Preliminary Design Report. Following the workshop, Woodard & Curran will incorporate the City’s consoli- dated comments into the final Preliminary Design Report Phase 1 Deliverables: The deliverables for this phase include:
• Monthly invoice and progress report (pdf)
• Agenda, meeting materials, and minutes from workshops (pdf) • Draft and Final Preliminary Design Report (pdf), including:
» Geotechnical Report
» Written acknowledgements from utility owners of data request » Biological Resources Technical Memorandum
» Cultural Resources Technical Memorandum
» Topographical survey (sealed PDF and unsealed Civil 3D 2024 .dwg format) » Utility Potholing Findings (pdf)
• Initial Study and assumed Mitigated Negative Declaration (IS/MND)(pdf), including an Administrative Draft IS/MND, a Screencheck Draft IS/MND, a public draft IS/MND, and a draft Notice of Intent of Availability. • ROWD Kickoff, RWB Workshop, and Strategy Meeting agenda, meeting materials, and minutes (pdf) D | Workplan
Project CC24-099
D.18
• Draft and Final ROWD (pdf)
• Responses to City’s 30% Design Workshop
• Financial Initiative Plan
• Agenda, meeting materials as needed, and meeting minutes (pdf) for the following:
» Kickoff Meeting
» Conceptual Design Workshop
» 30% Design Workshop
Phase 1 Assumptions: The following assumptions are included in this phase of services:
• Drawings will illustrate the “design intent” and not “as-built” conditions. For example, if pipes or conduits sag slightly, they will be drawn as straight lines without the sag. Building walls will be drawn as plumb even if they are slightly out of plumb. Modeling the existing IWWTP will be based on a Level of Development (LOD) level 200 in accordance with the American Institute of Architects. • The original design of the IWWTP was completed in a program known as MEP which is not directly compatible with the current standard of 3D design (Revit 2024). • For the basemapping, the surveyor will condition the scan through Recap to remove extraneous or reflected content and convert the resulting point cloud into Rcp or Rcs format for direct import to Revit 2024.
• Woodard & Curran will visit the site after the Revit model is developed to confirm the model is repre - sentative of existing conditions and sufficient to be used to depict design intent and to validate the other findings of the site investigations as practical. • Water sampling and laboratory costs for advanced treatment water quality characterization will not exceed $5,000.
• Drawings will be prepared on Woodard & Curran’s standard layout, unless the City provides an alter - native at the kickoff meeting.
• CEQA Documentation
» The City of Victorville will be the lead agency.
» The IS/MND is the appropriate documentation.
» Project specific technical analysis will be completed based on general industry practices. » All submittals will be done electronically and the City will be responsible for distribution of all public noticing.
» It is assumed the City will provide one consolidated set of comments. » It is assumed public comments will be limited and no response to comments would be necessary. » The Preliminary Design Report, in particular the biological and cultural technical memorandums, will be used to reasonably disclose the environmental impacts of the Project to the public. • ROWD
» Required items, such as sewer collection system materials and age, and lift station details, will be requested from the City.
» Kickoff , RWB, and Strategy Meetings will be virtual. • Drawings, Specifications, and Cost Estimates
» On the following page is the estimated sheet list, which is based on a $45 to $55M wastewater treat- ment capital improvement project (without advanced treatment) to achieve a 4.95 MGD capacity and used as the basis for the fee estimate.
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D.19
DELIVERABLE SHEET SUMMARY 30% DESIGN
GENERAL 1
CIVIL 4
ARCHITECTURAL 0
STRUCTURAL 0
HVAC 0
PLUMBING 0
PROCESS 4
PID 0
MECHANICAL 13
INSTRUMENTATION 0
ELECTRICAL 0
TOTAL 22
• Phase 1 is anticipated to take 12 months.
• Weekly, ½ hour teleconferences with City.
Optional Task Services
NPDES Application Support: Woodard & Curran understands the City’s interest in obtaining a NPDES permit for discharge of effluent to the desert wash that flows between the IWWTP and Pond 14. Woodard & Curran understands that the outfall would be utilized as a “last resort,” when recycled water demand is satisfied and when flow is greater than the percolation rates in the City’s percolation ponds (current and future). Key parameters of the outfall would be its capacity, its alignment, its material, and its restrictions (e.g., seasonal flow limitations; water quality).
With approval from the City, Woodard & Curran and its subconsultants will conduct a scope of services. The scope of services would be negotiated with the City, following a meeting with the Regional Water Board to validate the City’s and Woodard & Curran’s strategy for a NPDES permit application.
Deliverables:
• To be determined in collaboration with the City, following the task scoping • A draft NPDES application for the City’s use (MA word format) Assumptions:
• 2-hour in-person meeting with the Regional Water Quality Control Board to understand their criteria for a potential NDPES permit
• 2-hr meeting with the City to develop an NPDES application • Following the meeting with the Regional Water Quality Control Board, additional services may be iden- tified to support the NPDES application. The City will determine if Woodard & Curran scope needs to be further augmented.
16 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
EXHIBIT B
COST PROPOSAL
SEE ATTACHED
515 S. Flower Street | 18th Floor
Los Angeles, California 90071
www.woodardcurran.com
T 800.426.4262
May 22, 2024
Cel
este Calderon
Finance Department
City of Victorville
14343 Civic Drive, 2nd Floor
Victorville, California 92392
R
e: Project CC24-099 Industrial Wastewater Treatment Plant (IWWTP) Expansion 2024 Design And Construction Support – Cost Proposal
Dear Ms. Calderon,
Included in this submittal is Woodard & Curran’s cost proposal for the IWWTP Expansion 2024 Design and Construction Support. As stated in our separate technical proposal, this project still requires a degree of conceptual development to determine how the I WWTP capacity will be expanded. Because of this, our cost proposal is based on the assumption that only one expansion option proposed will be selected by the City and the new IWWTP capacity will be 4.95 MGD, as this has been expressed by the City for over a year as the target capacity.
Furthermore, the cost for all phases, especially Phases II & III, are subject to change based on the expansion option the City selects to move forward. Also, there are many variables that impact the cost for Phase III at this early stage of the project, an d the proposed cost will likely be refined during the design process. Because of these factors indicated, Woodard & Curran requests and recommends that the scope, schedule, and cost be reassessed and refined at the following milestones – selection of expansion option following the Conceptual Design Workshop, completion of Phase I, completion of Phase II, and following other significant changes to the scope or schedule. Additionally, upon Woodard & Curran’s selection by the City, we anticipate final scope and fee negotiations will result in further refinement of this cost proposal.
Woodard & Curran looks forward to working with the City to provide this necessary capacity increase to the IWWTP, and if you have any further questions regarding this proposal, please contact Anthony Naccarato at 949.248.5027 or [email protected].
W
OODARD & CURRAN, INC.
S
cott Goldman, PE, BCEE Tony Elberti, PE
Project Manager Principal-in-Charge
Vice President, Senior Principal Municipal Wastewater Practice Leader, Principal EXHIBIT B, COST PROPOSAL, PROJECT CC24-099
Fee Estimate
Client: City of Victorville May 2024
Project: CC24-099 IWWTP Expansion Design and Construction Support Phases Total
Tony Elberti Scott
Goldman Greg Sands Harpreet Rai Tia Trate Josh Jondo Kim Clyma Richard Harmon
Chris
McMahon Brian Wickes
Sue Guswa,
Tech.
Advisors
Multiple Multiple
Electrical,
Structural,
and I&C
Leads
Multiple Manager Drafter Project
Assistant
SLR
Consulting
Rincon
Consulting
Charlie Cruz
SPI
Chris Nelson &
Associates
DEVCO
Development
& Engineering
Sub Markup ODC Markup
PIC PM Deputy PM Sr. Tech Ldr Design
Manager Sr. Tech Ldr TM2 TM2 TM2 TM1 QAQC PE1 E2 TDG
Managers TDG Staff BIM BIM/CADD SUB SUB SUB SUB SUB 10% 10% $350 $335 $300 $335 $320 $320 $300 $300 $300 $285 $335 $255 $220 $300 $240 $210 $160 $120 Phase 1: Preliminary Design (30%) Services
1.1 Project Management and Administration
1.1.1 Invoicing, Contracting, and Team Management 36 162 12 210 $62,100 $0 $0 $0 $0 $0 $62,100
1.1.2 Kickoff Meeting 2 2 3 2 3 2 2 16 $5,110 $0 $0 $0 $0 $0 $5,110
1.1.3 Meetings 8 16 61 46 16 4 8 8 167 $50,460 $0 $0 $0 $15,000 $1,500 $16,500 $66,960
1.1.4 Quality Control 32 2 14 2 6 2 1.5 1.5 33.5 2 96 2 2 1 1 1 1 1 201.5 $64,960 $25,870 $25,870 $2,587 $28,457 $3,000 $300 $3,300 $96,717
1.2 Initial Site Investigations
1.2.1 Site Visits 8 16 8 8 16 56 $16,400 $17,980 $17,980 $1,798 $19,778 $5,000 $500 $5,500 $41,678
1.2.2 Initial Geotechnical Investigations 4 4 $1,200 $153,260 $153,260 $15,326 $168,586 $0 $0 $169,786
1.2.3 Utility Potholing and Utility Coordination 2 2 8 8 16 60 20 24 16 40 196 $45,190 $31,875 $31,875 $3,188 $35,063 $0 $0 $80,253
1.3. Financial Initiative Plan 2 80 16 98 no fee $0 $0 $0 $0 $0 no fee
1.4. Conceptual Design
1.4.1 Conceptual Design Development 8 1 100 40 28 100 60 30 32 40 80 519 $134,975 $0 $0 $0 $0 $0 $134,975
1.4.2 Conceptual Design Workshop 2 1 4 16 8 4 16 51 $15,515 $0 $0 $0 $0 $0 $15,515
1.5. Initial Permitting and Environmental Documentation
1.5.1 Environmental Constraints 2 4 40 46 $13,870 $63,958 $63,958 $6,396 $70,354 $0 $0 $84,224
1.5.2 Permitting Review 2 2 24 28 $8,470 $4,745 $4,745 $475 $5,220 $0 $0 $13,690
1.5.3 California Environmental Quality Act Compliance & Permitting 2 200 202 $60,670 $16,270 $16,270 $1,627 $17,897 $0 $0 $78,567
1.5.4 New Waste Discharge Requirements Permit Amendment 2 280 282 $80,470 $0 $0 $0 $3,000 $300 $3,300 $83,770
1.6. 30% Design Documents
1.6.1 Basemapping 2 2 24 24 20 100 100 20 40 332 $84,070 $20,250 $20,250 $2,025 $22,275 $0 $0 $106,345
1.6.2 30% Drawings 16 4 12 36 80 16 60 100 160 220 240 400 1344 $305,820 $0 $0 $0 $5,000 $500 $5,500 $311,320
1.6.3 30% Opinion of Probable Construction Cost 4 8 12 8 30 16 80 120 278 $74,290 $0 $0 $0 $0 $0 $74,290
1.6.4 Draft Preliminary Design Report 8 12 24 12 8 12 80 60 100 150 466 $123,220 $12,900 $12,900 $1,290 $14,190 $0 $0 $137,410
1.6.4a Draft Preliminary Design Report (AWTF Addendum) 4 20 40 24 12 4 2 4 100 60 60 100 18 448 $119,850 $86,104 $86,104 $8,610 $94,714 $5,000 $500 $5,500 $220,064
1.6.5 Final Preliminary Design Report and Response to Comments 4 4 12 6 24 12 16 40 118 $31,460 $3,440 $3,440 $344 $3,784 $0 $0 $35,244 Subtotal Phase 1: 68 104 330 208 291 90 273.5 81.5 37.5 322 100 484 394 575 795 335 561 13 5062.5 $1,298,100 $187,580 $84,973 $111,974 $20,250 $31,875 $436,652 $43,666 $480,318 $36,000 $3,600 $39,600 $1,818,018 Phase 2: Final Design (30%-100%) Services
2.1 Project Management and Administration
2.1.1 Invoicing, Contracting, and Team Management 81 242 18 341 $101,895 $0 $0 $0 $0 $0 $101,895
2.1.2 Meetings 8 30 92 69 24 6 12 12 253 $76,450 $0 $0 $0 $45,000 $4,500 $49,500 $125,950
2.1.3 Quality Control (60%, 90%, 100%) 32 16 26 6 18 6 4 78 4 360 2 2 1 1 1 1 1 559 $182,370 $73,320 $73,320 $7,332 $80,652 $0 $0 $263,022
2.2. 60% Design Documents
2.2.1 Drawings 16 24 4 80 80 48 200 240 250 1000 160 240 2342 $573,400 $0 $0 $0 $2,500 $250 $2,750 $576,150
2.2.2 Specifications 2 4 40 40 40 140 240 100 400 1006 $255,370 $38,780 $38,780 $3,878 $42,658 $0 $0 $298,028
2.2.3 Opinion of Probable Construction Costs 2 8 12 24 8 24 40 20 80 20 238 $60,650 $0 $0 $0 $0 $0 $60,650
2.2.4 Response to 30% Design Comments 2 8 8 8 40 40 20 80 206 $52,670 $0 $0 $0 $0 $0 $52,670
2.2.5 Supplemental Site Visits 2 16 8 16 24 12 40 8 126 $33,310 $0 $0 $0 $20,000 $2,000 $22,000 $55,310
2.3. 90% Design Documents
2.3.1 Drawings 12 20 8 80 80 48 200 280 80 600 240 400 2048 $476,060 $0 $0 $0 $25,000 $2,500 $27,500 $503,560
2.3.2 Specifications 2 4 32 40 40 200 280 60 400 1058 $264,790 $38,780 $38,780 $3,878 $42,658 $0 $0 $307,448
2.3.3 Opinion of Probable Construction Costs 2 8 8 24 8 40 60 40 36 20 246 $63,230 $0 $0 $0 $0 $0 $63,230
2.3.4 Response to 60% Design Comments 2 6 8 24 12 40 24 116 $31,760 $0 $0 $0 $0 $0 $31,760
2.4. 100% Design Documents
2.4.1 Drawings 8 16 8 24 60 36 200 120 60 400 120 200 1252 $297,920 $0 $0 $0 $2,500 $250 $2,750 $300,670
2.4.2 Specifications 2 4 24 40 8 100 120 40 200 538 $137,170 $0 $0 $0 $0 $0 $137,170
2.4.3 Opinion of Probable Construction Costs 2 8 8 12 8 16 16 12 24 20 126 $32,310 $0 $0 $0 $0 $0 $32,310
2.4.4 Response to 90% Design Comments 2 6 8 8 24 12 24 84 $22,320 $0 $0 $0 $0 $0 $22,320 Subtotal Phase 2: 76 207 432 342 527 266 4 0 78 4 360 1258 1480 735 3321 529 901 19 10539 $2,661,675 $77,560 $0 $73,320 $0 $0 $150,880 $15,088 $165,968 $95,000 $9,500 $104,500 $2,932,143 Phase 3: Bidding and Construction Services
3.1 Project Management and Administration
3.1.1 Invoicing, Contracting, and Team Management 26 52 24 102 $27,190 $0 $0 $0 $0 $0 $27,190
3.1.2 Meetings 8 50 120 96 16 24 16 24 354 $106,190 $43,100 $43,100 $4,310 $47,410 $58,000 $5,800 $63,800 $217,400
3.1.3 Quality Control 14 2 14 2 6 2 1.5 49.5 2 108 2 2 1 1 1 1 1 210 $67,030 $39,940 $39,940 $3,994 $43,934 $0 $0 $110,964
3.2 Advertising Support
3.2.1 Prebid Meeting 2 2 4 4 12 $3,890 $0 $0 $0 $0 $0 $3,890
3.2.2 Responses to Questions 2 6 20 12 40 $10,420 $4,800 $4,800 $480 $5,280 $0 $0 $15,700
3.2.3 Conformed Contract Documents 2 2 4 8 2 9 6 12 45 $10,530 $0 $0 $0 $2,500 $250 $2,750 $13,280
3.3 Construction Support
3.3.1 Meetings 2 196 192 4 394 $121,930 $31,810 $31,810 $3,181 $34,991 $0 $0 $156,921
3.3.2 Request for Information Responses 2 10 10 20 100 150 180 472 $127,120 $0 $0 $0 $0 $0 $127,120
3.3.3 Construction Change Order 2 200 125 180 20 60 587 $146,170 $7,400 $7,400 $740 $8,140 $0 $0 $154,310
3.3.4 Submittal Reviews 2 10 10 15 200 125 180 542 $143,520 $23,320 $23,320 $2,332 $25,652 $0 $0 $169,172
3.3.5 Inspection 2 8 8 8 384 60 60 530 $138,630 $217,510 $217,510 $21,751 $239,261 $65,500 $6,550 $72,050 $449,941
3.3.6 Record Drawings 2 80 60 120 262 $52,870 $11,910 $11,910 $1,191 $13,101 $2,500 $250 $2,750 $68,721 Subtotal Phase 3: 22 96 414 40 345 2 1.5 0 49.5 2 108 1014 38 479 634 87 193 25 3550 $955,490 $339,850 $0 $39,940 $0 $0 $379,790 $37,979 $417,769 $128,500 $12,850 $141,350 $1,514,609 TOTAL 166 407 1176 590 1163 358 279 81.5 165 328 568 2756 1912 1789 4750 951 1655 57 19151.5 $4,915,265 $604,990 $84,973 $225,234 $20,250 $31,875 $967,322 $96,733 $1,064,055 $259,500 $25,950 $285,450 $6,268,150
2. Subconsultants will be billed at actual cost plus 10%.
5. Additional Woodard & Curran staff may perform work on the project, based on our standard billing rate schedule currently in effect.
3. Other direct costs (ODCs) such as reproduction, delivery, mileage (rates will be those allowed by current IRS guidelines), and travel expenses, will be billed at actual cost plus 10%.
4. W&C reserves the right to adjust its hourly rate structure and ODC markup at the beginning of the calendar year for all ongoing contracts.
Total ODCs (3)
ODCs Labor Outside Services
Total
FeeODCsSubtotal
1. The individual hourly rates include salary, overhead and profit.
Total Hours
Sub
Consultant
Total Cost (2)
Total Labor
Costs (1)
EXHIBIT B, COST PROPOSAL, PROJECT CC24-099
STAFF TYPE HOURLY RATE
Project Assistant $140
Drafter $160
Designer / Engineer 1 / Planner 1 / Technical Specialist 1 $190 Engineer 2 / Planner 2 / Technical Specialist 2 $220
Engineer 3 / Planner 3 / Senior Designer / Technical Specialist 3 $240 Project Engineer 1 / Project Planner 1 / Project Technical Specialist 1 $255 Project Engineer 2 / Project Planner 2 / Project Technical Specialist 2 $270 Project Manager 1 / Technical Manager 1 $285
Project Manager 2 / Technical Manager 2 $300
SCADA Service Manager / Senior Project Manager / Senior Technical Manager $320 Senior Technical Leader $335
National Practice Leader $350
EXPENSES
Travel $0.655 / mile
Other Direct Costs At Cost Plus 10%
Subconsultants/Subcontractors At Cost Plus 10%
NOTES
Mileage rate will change as the federal allowable rate is modified.
Rate Schedule
#5000
This rate schedule is confidential and for customer internal use only.
Woodard & Curran reserves the right to adjust billing rates annually. Page 1 of 1 EXHIBIT B, COST PROPOSAL, PROJECT CC24-099
SEPARATION PROCESSES, INC
277 Rancheros Dr., Suite 370, San Marcos, CA 92069 | 760-400-3660 | www.spi-engineering.com SPI Standard Billing Rates
(effective January 1, 2024):
Name Classification Rate
James Vickers, P.E. Principal $300
Alex Wesner, P.E. Principal $300
Charles Cruz, P.E. Technical Director $295
Michael Dummer, P.E. Sr. Project Engineer II $200
Chu Nguyen Sr. Project Engineer I $190
Gabriela Downey Sr. Engineer I $180
Jan Guenther Engineer II $160
Lisa Valle Engineer I $140
Miguel Sanchez Sr. CAD Designer III $160
Edison Phu CAD Designer II $150
Eric Mercionis CAD Designer I $140
Dawn Wright Sr. Office Manager III $140
Travel Expenses billed as incurred (mileage reimbursement at 67¢/mile Sub-consultant fees and other authorized expenses: 8% mark-up EXHIBIT B, COST PROPOSAL, PROJECT CC24-099
R
incon C
onsultants, Inc.
Eff
ective January 1, 2024
Sta
ndard Fee Schedule for Environmental Sciences and Planning Services Pr
ofessional, Technical and Support Personnel* Ja
nuary 1, 2024 – December 31, 2024
Senior Principal $319
Principal $307
Director $307
Senior Supe
rvisor II $292
Supervisor
I $272
Senior Pro
fessional II $255
Senior Pro
fessional I $238
Profession
al IV $211
Profession
al III $196
Profession
al II $174
Profession
al I $155
Associate
III $130
Associate
II $117
Associate
I $109
Fie
ld Technician $94
Da
ta Solutions Architect $196
Senior GIS
Specialist $187
GI
S/CADD Specialist II $167
GI
S/CADD Specialist I $150
Te
chnical Editor $147
Project
Accountant $125
Bi
lling Specialist $107
Publi
shing Specialist $120
C
lerical $107
* P
rofessional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $400.
Reimbu
rsable Expenses
Direc
t Cost Rat
es
Photocopies – B/W $0.25 (single-sided), $0.45 (double-sided) Photocopies – Color $1.55 (single-sided), $3.10 (double-sided) Photocopi
es – 11” by 17” $0.55 (B/W), $3.40 (color)
Oversized
Maps $8.50/square foot
Digital Prod
uction $15/CD, $20/flash drive
Light-D
uty and Passenger Vehicles* $90/day
4W
D and Off-Road Vehicles* $150/day
* Curr
ent IRS mileage rate for mileage over 50 and for all miles incurred in employee-owned vehicles.
Direct
Costs. Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 16%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.
Annual Escalation. Standard rates subject to 3.5% annual escalation, on January 1.
Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually required payment terms.
EXHIBIT B, COST PROPOSAL, PROJECT CC24-099
R
incon C
onsultants, Inc.
Eff
ective January 1, 2024
Equi
pment Rat
e
Environ
mental Site Assessment
Soil Vapor Extraction Monitoring Equipment $160
Four Gas Monitor $137
Fl
ame Ionization Detector $110
Photo Ioniz
ation Detector $82
Hand A
uger Sampler $62
Wate
r Level Indicator, DC Purge Pump $46
C
APDash $7,500
Na
tural Resources Field Equipment
UAS Drone $300
Spotting or Fiberoptic Scope $170
Pett
ersson Bat Ultrasound Detector/Recording Equipment $170 Soun
d Level Metering Field Package (Anemometer, Tripod and Digital Camera) $113 GPS
(Submeter Accuracy) $67
Inf
rared Sensor Digital Camera or Computer Field Equipment $57 Scent Sta
tion $23
Laser R
angefinder/Altitude $11
Pitfall T
raps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap,
Large/Small $1.55/$0.55
Wa
ter and Marine Resources Equipment
Boat (20-foot Boston Whaler or Similar) $800
Multiparameter Sonde (Temperature, Conductivity, Turbidity, DO, pH) with GPS $170 Wate
r Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $62 Refra
ctometer (Salinity) or Turbidity Meter $38
Lar
ge Block Nets $114
Minnow Trap $98
Ne
t, Hand/Large Seine $57
Field
Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$114
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24‐Hour
Safety Phone)
$144
Am
phibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope)
$170
Fisheries Eq
uipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) $57 U
nderwater and Marine Sampling Gear (Photo/Video Camera, Scuba Equipment [Tanks, BCD, Regulators, Wetsuits, etc.])
$57/diver
Marine
Field Package (Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$100
Insu
rance, Hazard, and Fees
Historic Research Fees $55
L&H Dive Insurance $57/diver
Level C
Health and Safety $70/person
EXHIBIT B, COST PROPOSAL, PROJECT CC24-099
2024 US DISCOUNTED RATE SCHEDULE
PROFESSIONAL SERVICES Hourly Rate
Senior Advisor $330
Senior Principal $275
Principal 2 $255
Principal 1 $240
Senior 2 $225
Senior 1 $220
Associate 2 $195
Associate 1 $190
Project 2 $170
Project 1 $165
Staff 2 $150
Staff 1 $140
Chief Inspector $195
Senior Inspector $170
Inspector $150
Senior Draftsperson/Technician $140
Draftsperson/Technician $130
Party Chief $140
Survey Crew Member $115
Administrative $105
Note: Time will be billed to the nearest ¼ hour
EXHIBIT B, COST PROPOSAL, PROJECT CC24-099