Vista City Council
June 13, 2023

ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C4
Prepared by:

Michael Hilker, Capital Projects Manager
Erin Adams, Management Analyst Meeting Date: June 13, 2023 Approved by:

Greg Mayer, Acting Director of Engineering
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: CIP NO. 8905 MONTE MAR STORM DRAIN IMPROVEMENTS PROJECT –

DESIGN/BUILD AGREEMENT AWARD
RECOMMENDATION: Adopt City Council Resolution No. 2023- , approving an agreement with Orion Construction Corporation for design/build services for the Monte Mar Storm Drain Improvements Project (CIP No. 8905).

CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.

PRIOR ACTION: On June 28, 2022, adopted City Council Resolution No. 2022-108, approving a Six- Year Capital Improvement Program and FYs 2022/23 and 2023/24 Capital Project Budget and authorizing appropriations for Fiscal Years 2022/23 and 2023/24 Capital Projects (Vote: 4-0, Ritter absent (Ritter experienced technical difficulties)).

STATEMENT ON THE SUBJECT: Capital Improvement Program (CIP) Project No. 8905, Monte Mar Storm Drain Improvements Project, will convert a portion of existing severely eroded open channel storm drain to closed channel by extending two reinforced concrete pipelines. The Project will improve pedestrian access on the north side of Monte Mar Road by installing approximately three hundred fifty feet of new sidewalk where sidewalk is non-contiguous, widen Monte Mar Road to the City’s standard, and install a trash capture device to support the City’s California Mandated Trash Cleanup Drainage Master Plan.

A project vicinity map including summary of scope is provided in Exhibit 3.

Award of Design/Build Agreement. On February 2, 2023, staff issued a request for proposals (RFP) for design/build services for the Monte Mar Storm Drain Improvements Project. The RFP was based on best value, with price to be negotiated with the selected firm. The RFP was advertised on the City of Vista’s website and the City’s electronic procurement portal, OpenGov.com. The following two firms responded to the RFP:
•Orion Construction Corporation (Orion), Vista, CA
•TC Construction Company, Inc., Santee, CA
AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
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Approved above recommendation, adopted City Council Resolution No. 2023-92.

Vote: 5-0

MEETING DATE: June 13, 2023 PAGE 2
SUBJECT: CIP NO. 8905 MONTE MAR STORM DRAIN IMPROVEMENTS PROJECT—

DESIGN/BUILD AGREEMENT AWARD
The proposals were evaluated by staff and ranked based upon predetermined criteria including overall experience and technical competence, experience with projects of similar nature, rates and fees, proposed methods and plan to accomplish the work, and overall proposal.

Based on staff's evaluation of the RFP responses, staff recommends the selection of Orion to design and construct CIP No. 8905. The Vista-based contractor is teamed with experienced design firms, including Harris and Associates, Ninyo and Moore, Tory R. Walker Engineering, Land Survey Consultants, and have completed many local similar difficult projects. In their proposal, Orion presented an excellent approach to the project including a detailed analysis and presented potential challenges with solutions.

The agreement with Orion includes design, environmental, and pre-construction costs in the amount of $537,981.01. Once design is complete, a Guaranteed Maximum Price and construction schedule will be established for construction, and an Amendment for construction will be prepared for Council approval.

FISCAL IMPACT: The cost for Orion to provide the Monte Mar Storm Drain Improvements Project design, environmental, and pre-construction services is $537,981.01. Sufficient funding is available in the Fiscal Years 2022/2023 and 2023/2024 Capital Improvement Budget for CIP No. 8905 Monte Mar Storm Drain Improvements Project (source appropriation account 1516302.578999.8905).

EXHIBITS:

1. City Council Resolution No. 2023- , approving an agreement with Orion Construction Corporation for design/build services for the Monte Mar Storm Drain Improvements Project (CIP No. 8905)

2. Agreement with Orion Construction Corporation for design/build services for the Monte Mar Storm Drain Improvements Project (CIP No. 8905)

3. Project Vicinity Map
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RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, APPROVING AN AGREEMENT WITH ORION

CONSTRUCTION CORPORATION FOR DESIGN/BUILD SERVICES FOR THE MONTE MAR STORM DRAIN IMPROVEMENTS PROJECT (CIP NO. 8905) The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. Pursuant to section 3.08.075 of the Vista Municipal Code, a request for proposals (RFP) was issued on February 2, 2023 for design/build services for the Monte Mar Storm Drain Improvements Project (CIP No. 8905).

B. Two proposals were submitted in response to the RFP and were evaluated based upon the predetermined criteria identified in the RFP.

C. Staff recommends the selection of Orion Construction Corporation as the consultant to provide design/build services for the Monte Mar Storm Drain Improvements Project (CIP No. 8905).

2. Action.

A. The agreement between the City of Vista and Orion Construction Corporation for design/build services for the Monte Mar Storm Drain Improvements Project in Phase 1 amount of$573,981.01 is approved, and the Mayor is authorized to execute the contract.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on date, by the following vote:

AYES:

NOES:

ABSTAIN:

JOHN B. FRANKLIN, MAYOR
APPROVED AS TO FORM: ATTEST:

WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:

APPROVED
Walter C.Chung
20230525165651
000292137 EXHIBIT 1
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DESIGN / BUILD SERVICES FOR THE

MONTE MAR STORM DRAIN IMPROVEMENTS PROJECT
CIP NO. 8905
THIS AGREEMENT is made and entered into as of (Contract Date) by and between the CITY OF VISTA ("City"), a chartered municipal corporation, and ORION CONSTRUCTION CORPORATION ("Design Builder or DB"), a California corporation. City and DB are sometimes individually referred to as "Party" and collectively as "Parties".

RECITALS

1. On February 2, 2023, a Request for Proposal (RFP) (Exhibit 3) was issued for design/build services for the Monte Mar Storm Drain Improvements Project—CIP No. 8905; and

2. Two firms submitted proposals and based upon the review of each proposal and interviews with the top firms, Design Builder was selected as the respondent who best met the evaluation criteria specified in the RFP including experience and technical competence, schedule, rates, and financial resources and with whom City could negotiate an agreement.

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein:

THE PARTIES AGREE:

Section 1: General Scope of Work to Be Performed by DB

1.1 In accordance with the terms set forth in this Agreement and the Design Build Proposal for the Monte Mar Storm Drain Improvements (Exhibit 1 attached hereto and incorporated herein), Monte Mar Storm Drain Improvements Project—CIP No. 8905 shall include, but not be limited to all components outlined and described in Exhibit 1.

1.2 The services provided by the DB shall include, but not be limited to, all services outlined and described in this agreement and the design, environmental, and construction services within Exhibit 1.

1.3 The DB shall:

1.3.1 Perform design, environmental, and pre-construction services (Phase 1) on a time and materials basis for an amount not-to-exceed $537,981.01, as specified in DB's Project Cost Estimate. At 90% complete construction documents the DB shall propose a Guaranteed Maximum Price (GMP)which will include, but not be limited to, the cost for all labor, equipment, and material to design and construct the Phase II Project in accordance with all applicable rules, regulations, and laws. If the Parties agree to DB's proposed GMP, or successfully negotiate an alternative GMP amount, the Parties shall enter into an amendment to this Agreement to fund and undertake Phase II and III of the Project. Under the amendment, the DB fee shall be 15.48%of the cost of construction defined as the total sum of trade contracts (subcontractors), materials (purchase orders), equipment, self- performed work and general conditions. Any costs incurred by DB in excess of the established GMP shall be the sole responsibility of the DB, unless a Change Order is approved by the City. Any savings resulting in the project being completed for less than the amount of the GMP shall belong to the City.
001112901{ EXHIBIT 2
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1.3.2 Provide the proposed GMP to City by November 13, 2023, and complete the Phase I design services by December 12, 2023, including City approval of 90% construction drawing package, in accordance with the schedule set forth in Exhibit 1.

Section 2: General Obligations of City

2.1 City shall be obligated as follows:

2.1.1 Designate a representative (or representatives) who is/are authorized to act on behalf of City with respect to the Project, except as to those decisions that require authorization by the Vista City Manager or Vista City Council.

2.1.2 Make decisions with reasonable promptness to avoid delay in the orderly progress of DB's services per the schedule in Exhibit 1.

2.1.3 At the request of DB, City will use its best efforts to provide DB with any available information about the Project Site (Exhibit 4) geotechnical soil conditions; it will, however, be the responsibility of DB to take all reasonable steps to verify all such information as it deems necessary to perform its services under this Agreement. City does not warranty to DB the accuracy or completeness of any such information.

2.1.4 Cooperate with DB in identifying, processing and securing required permits and licenses in a timely fashion; however, this duty to cooperate does not relieve DB of its primary obligations to identify, apply for and secure all necessary permits and licenses in a timely manner.

2.1.5 Make payments to DB in the amounts and in accordance with the terms set forth below.

2.1.6 Issue Certificate of Substantial Completion when City reasonably determines the Project has achieved Substantial Completion as defined below in Section 16.1.

2.1.7 Issue a Notice of Acceptance when City reasonably determines the Project has achieved Final Completion as defined in Section 16.2.

2.2 City Review Process. City shall review the 90% and 100% Construction Drawings (CD's) including project specifications which shall allow construction of Project in conformity with the Program Document for the Project.

2.2.1 For each DB submission, City shall have ten (10)working days to review, approve, conditionally approve or deny said set of documents.

Section 3: General Obligations of DB

3.1 DB shall be obligated as follows:

3.1.1 Provide all supervision, labor, equipment, technical expertise, safety equipment, and service operations to complete the Project.

3.1.2 At all times in performing its services, design and deliver the best possible Project consistent with the standard of care that satisfies the time, monetary, quality and design parameters set forth in this Agreement.
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3.1.3 Design and construct the Project on time, consistent with timeframes set forth in the Project Schedule (Exhibit 1), and in such a manner that the GMP or Contract Time of the Project shall not be exceeded, except by written Change Order as provided in Section 14. DB shall provide a master accounting system and matrix using software acceptable to City that will be updated, expanded and provided to the City monthly as the Project develops.

3.1.4 Perform all services as expeditiously as is consistent with reasonable skill and care and shall complete the services within each and all of the time periods set forth in the Project Schedule (Exhibit 1).

3.1.5 Any subcontractors performing Project construction must be appropriately licensed by the California Contractors State License Board or other required agency.

3.1.6 Perform or subcontract all design services for the Project utilizing qualified, licensed and sufficiently experienced engineers, and other professionals ("Design Consultants") as identified in Exhibit 1. DB shall not be permitted to substitute any Design Consultant unless authorized by City. The fact that the City approves the subcontracting of any such services will in no way relieve the DB of any of its obligations or responsibilities under this RFP or this Agreement.

3.1.7 INTENTIONALLY LEFT BLANK

3.1.8 Ensure that DBT personnel conduct themselves in a professional manner at all times. Personnel shall be courteous, neat in appearance, and wear visible identification including all personal protective equipment. All equipment must display their company identification, including any subcontractors.

3.1.9 Comply with the California Fair Employment and Housing Act and all other State, Federal and local laws including, but not limited to, those prohibiting discrimination, on account of race, color, national origin, religion, age, sex or handicap.

3.1.10 Take all reasonable steps during the course of the Project so as not to interfere with the ongoing operation of the adjacent residences, businesses and facilities, including but not limited to the following:

3.1.10.1 Not interfere with pedestrian and vehicular access.

3.1.10.2 Take all reasonable steps during the course of construction to control dust in accordance with the provisions in the latest Edition of the Standard Specifications for Public Works Construction and most recent Supplement ("Green book"). Ensure that all work conforms to the City of Vista noise ordinance unless authorized by the designated City representative. The DB shall ensure all DBT personnel comply with all relevant OSHA, Cal/OSHA, and labor and industrial work safety regulations at all times they are on the Project Site. The DB is responsible for implementing confined space entry procedures in accordance with all applicable laws and regulations.

3.1.11 Study all applicable laws, codes, ordinances, rules, orders, regulations, and statutes affecting the Project, including but not limited to, zoning, environmental, building, fire and safety codes and coverage, and lien laws, and comply with them 100111290 1}
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in performance of its services. DB shall ensure that the Project design conforms to all applicable federal, state and local laws, statutes, ordinances, rules, regulations, orders or other legal requirements, (collectively "Governmental Requirements") existing as of the date of this Agreement. However, the City recognizes that Governmental Requirements and their interpretations by governmental officials ("Code Authority") are often subject to change at any time, even after issuance of a notice to construct. If, after the date of this Agreement, modifications to the Project are required because of a change in Governmental Requirements or their interpretation by a Code Authority which had not previously been given, or which if given, was different than a prior interpretation of a Code Authority, DB shall make the required modifications to comply with the same. However, in the event of such an occurrence the compensation to DB and the associated design and pre- construction schedule may be subject to an adjustment. Nothing contained in this paragraph shall relieve DB of its obligations to modify the Project at its own expense where DB has failed to design the Project in compliance with Governmental Requirements applicable as of the date of this Agreement.

3.1.12 Obtain all permits necessary to complete the Project. City shall reimburse cost of permits, except that DB shall be responsible for obtaining and paying for all permits normally obtained by the trades or subcontractors.

3.1.13 Adhere to the provisions of all permits and rules and regulations, including but not limited to those from with the latest Edition of the Standard Specifications for Public Works Construction and most recent Supplement ("Greenbook") and the City of Vista.

3.1.14 Comply with all licensing requirements of the State of California and the City of Vista.

3.1.15 Use reasonable care to avoid damaging existing improvements, buildings, equipment and vegetation adjacent to the Project Site. If DB causes damage to any of this property, DB shall replace or repair said property at no expense to City and shall not be a basis for seeking an adjustment to the GIMP or Contract Time.

DB agrees to indemnify City for any and all fines, penalties, liabilities, cost imposed upon City, its officers, employees and agents as a result of this Project.

3.1.16 Perform Quality Control ("QC"). Review the drawings and specifications in order to identify and correct errors and omissions and reduce the quantity of Change Orders during the course of construction. Include a detailed review of drawings and designs relative to applicable laws and standards.

3.1.17 Be fully responsible for damages, and liabilities resulting from errors or omissions below the standard of care defined in Section 3.1.19 by DB or DB's agents, employees, design consultants and contractors; such costs, damages and liabilities shall not be chargeable to the City nor shall they be a basis for seeking an adjustment in the GMP or Contract Time.

3.1.18 DB agrees to fully assume all risks, and costs associated with such risks, in performing the services and meeting the obligations under this Agreement. DB shall verify actual site conditions, topography, and facility conditions.

3.1.18.1 Unanticipated subsurface site conditions.
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3.1.18.1.1 City assumes risks for unanticipated subsurface site conditions provided DB notifies City in writing within five (5) calendar days of discovery if DB believes it has
uncovered or revealed a condition which:

3.1.18.1.1.1 Differs materially form that indicated
in the geotechnical and geological reports.

3.1.18.1.1.2 Is of an unusual nature and differs
materially from conditions ordinarily
encountered and generally recognized as
inherent in the work required by this RFP and
the Design/Build Contract.

3.1.18.1.1.3 Upon receipt of a written notice, City
shall promptly investigate and if it determines
the conditions do materially differ, requiring a
change in the Work, City shall commence the
processing of a Change Order pursuant to
Section 14 of the Design/Build Contract. If
City determines there is no bona fide Work
scope change or is a minor change, which
does not impact GIMP or Contract Time, City
shall notify DB within ten (10) calendar days.

3.1.18.1.1.4 DB shall not be entitled to an adjustment in the GIMP or Contract Time if DB
knew or should have known of the existence
of such conditions at the time DB submitted
and agreed to GMP or Contract Time; or the
existence of such condition could reasonably
have been discovered as a result of DB's
obligations regarding geotechnical and
geological investigations and reports as
described in the RFP.

3.1.19 DB shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Compliance with this section by DB shall not in any way excuse or limit DB's obligations to fully comply with all other terms in this Agreement.

3.1.19.1 Contractor's License. DB warrants that at least one member of the DB team shall be licensed by the California Contractor's State License Board as a Class A General Engineering Contractor. DB is to provide a list of the responsible people within their organizations performing services, which shall include their qualifications and their function, for approval by the City prior to start of services. City and DB shall establish "key personnel" who shall remain on the Project until Final Completion. If any such "key personnel" leave the employment of DB, City shall have the right to approve the replacement personnel assigned to this Project. DB shall 100111290 1}
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comply with all licensing requirements of the State of California and City of Vista.

3.1.19.2 Project Manager and Project Design Engineer. Throughout all phases of the Project hereunder, the individual project manager, and project design engineer shall be as reflected in Exhibit 1. So long as the Individual Project Manager and Project Design Engineer remain in the employ of the General Contractor and/or Engineer, such persons shall not be changed or substituted from the Project, or cease to be fully committed to the Project as deemed necessary by the City in its reasonable discretion, without the prior written consent or instruction of the City.

3.1.19.3 City Right to Remove Project Manager, and Project Design Engineer. Notwithstanding the foregoing provisions of Section 3.1.19, if the Individual Project Manager or Project Design Engineer, proves not to be satisfactory to the City, upon written notice from the City to the DB, such person or person shall be promptly replaced by a person who is acceptable to the City in accordance with the procedures set forth below.

3.1.19.4 Replacement Selection of Project Manager and/or Project Design Engineer. Within five (5)working days after receipt of a notice from the City requesting the replacement of any Individual Project Manager or Project Design Engineer, or promptly following the discovery by the Design Build Team that any Individual Project Manager, or Project Design Engineer is leaving the employ of the DB or Engineer, as the case may be, the replacement/substitution (together with such person's resume and other information regarding such person's experience and qualifications) for approval by City. The replacement/substitution shall commence work on the Project no later than five (5) calendar days following the City's approval of such replacement, which approval shall not be unreasonably withheld.

3.1.20 DB agrees and acknowledges that the City Representative is the only person with authority to approve additions or modifications to Project. Any costs or delays resulting from or associated with additions or modifications implemented without the written authorization of the City Representative shall be borne exclusively by DB and not be grounds for an increase in the GMP or Contract Time (Exhibit 1) of this Agreement, unless necessary to protect public health, safety or property.

3.1.21 DB shall fully cooperate with City Representative and any of its agents assigned to this project.

3.1.22 The DB shall remain in compliance with the City of Vista Water Quality Protection Program and, where applicable, City of San Marcos and County of San Diego's respective stormwater protection programs and shall exercise every reasonable precaution to prevent the discharge of any material which is not solely storm water (i.e., rain events) to the storm drain system. The DB will be responsible for the complete cleanup of all material that is discharged from the project in violation of the discharge rules.
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Section 4: Work Restriction and Bidding Requirement

4.1 DB shall determine how best to package portions of the work for purposes of bidding. DB shall be responsible for selectively bidding all construction work to others and for entering into subcontracts, in DB's own name, with the bidder who in DB's discretion best meets the monetary, time, and performance requirement of the Project. DB is required to submit a summary of bid results for each bid package. DB shall be responsible for ensuring that these contracts fully comply with all applicable local, state and federal laws, some but not all of which are listed below.

4.2 DB shall hear and decide bid protests and shall develop and maintain bid protest procedures for that purpose. City shall be timely informed of all bid protests (prior to resolution) and the outcome of said protests.

Section 5: DB's Phase I Services and Obligations— Design Services

5.1 DB's services in Phase I shall include those specified in Section 5.1.1 of the RFP.

Section 6: DB's Phase II Services and Obligations— Construction Services

6.1 Contingent on City's approval during Phase 1 90%and 100% CDs, Construction Schedule, GIMP, and associated contract amendment, DB's services in Phase II shall include those specified in Section 5.1.2 of the RFP.

Section 7: DB's Phase III Services and Obligations: Operation/Startup Phase

7.1 DB's services in Phase III shall include those specified in Section 5.1.3 ofthe RFP.

Section 8: INTENTIONALLY LEFT BLANK
Section 9: Additional Services

9.1 City will have the right to direct DB to perform Additional Services beyond those specified in this Agreement. DB may provide Additional Services only if authorized in writing, in advance, by City and after complying with Section 9.4. The City may propose changes to the Work of a subcontractor after the bid has been awarded. In the event of a change of this nature, DB will estimate the cost of the Change Order, assist City in developing drawings and specifications as necessary, solicit a revised bid, negotiate with the subcontractor, present a recommendation for a Change Order to City, and implement construction as approved by City.

9.2 For Additional Services which increase the Hard Construction Costs, or other reasonably necessary costs of the Project, DB shall be paid a DB fee of 15% of the total additional labor, equipment, and material costs. This fee includes DB's office overhead, profit, bonds, and liability insurance. DB shall also be paid a DB fee of 5% of the total subcontractor costs. Regardless of the number of hierarchical tiers of Subcontractors, the 5% which DB fee shall be applied only once to the performing Subcontractor's total costs. City will also pay any additional Subcontractor's insurance or bonding costs.

9.3 For Additional Services, which result in an extension of the Substantial Completion date, DB and City shall negotiate the additional costs.

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additional compensation beyond the GIMP. Furnishing advance written notice shall be a condition precedent to being able to seek additional compensation from City.

Section 10: Bonds

10.1 DB shall furnish performance and payment bonds with the names of the obligees designated as the City in the amount set forth below, as security for the faithful performance and payment of all DB's obligations under the Agreement. These bonds shall remain in effect at least until thirty (30) days after the filing date of Notice of Completion, except as otherwise provided by law or regulation or by this Agreement. DB shall also furnish such other bonds as are required by this Agreement.

10.1.1 The performance bond shall be in the amount of 100% of the GMP.

10.1.2 The payment bond shall be in the amount of 100% of the GIMP amount.

10.2 All bonds shall be in the form prescribed by City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, and whose underwriting limitation is sufficient to issue bonds in the amount required by this agreement and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required.

10.3 If the surety on any bond furnished by DB is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located, DB shall within seven (7) days thereafter substitute another bond and surety, which must be acceptable to City.

Section 11: Insurance

11.1 The insurance provisions shall meet the requirements of Exhibit 2 which shall not be construed to limit DB's indemnity obligations contained in this Agreement.

Section 12: Inspection

12.1 DB shall be responsible for all specialty inspection and material testing and inspections.

The City shall perform inspection with its own forces. It shall be the responsibility of DB, however, to call for, coordinate and schedule all inspections.

12.2 City, its consultants, subcontractors, independent testing laboratories as well as other governmental agencies with jurisdictional interests will have access at reasonable times for this observation, inspecting and testing. DB shall provide them proper and safe conditions for such access and advise them of DB's safety procedures and programs so that they may comply.

12.3 DB will make, or have made, such inspections and tests, as the City deems necessary to see that the Work is being accomplished in accordance with the requirements of the Construction Documents or shall in any way limit or modify DB' s indemnity obligations as provided for within this agreement. Unless otherwise specified, the cost of such inspection and testing will be bid out and carried as a line item in the construction cost. In the event such inspections or tests reveal non-compliance with the requirements of the Construction Documents, DB shall bear the cost of 100111290 1}
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corrective measures deemed necessary by City, as well as the cost of subsequent re-inspection and re-testing. Neither observations by the City nor inspections, tests, or approvals by others shall relieve DB from DB's obligations to perform the Work in accordance with the Construction Documents. DB shall give City timely notice of readiness of the Work for all required building inspections and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. DB shall give at least 24 hours' notice for inspections.

12.4 City has the right to stop or suspend Work activities which will conceal or cover up DB Work product which is to be inspected or tested, or which will interfere with the inspection or testing activities, for a reasonable time and DB will have no right to additional compensation.

Section 13: DB GMP for Services and Reimbursements

13.1 DB shall submit to City 90% CD's for plan check. Upon the approval of the 90% CD's, DB shall, within twenty (20)working days, submit a GMP for approval by City. The GIMP shall include all Hard Construction Costs, DB Contingency Fund, Reimbursable Costs, and DB Fixed Fee for the complete design and construction of the entire Project as specified in the 90% CD's; provided that:

13.1.1 Said GIMP shall be supported by a detailed itemized breakdown that shows: the DB Fixed Fees and the expected Hard Construction Costs for each of the major trades on the Project which will include labor, material expenses, equipment costs, and a reasonable DB Contingency Fund. Said DB contingency fund shall not exceed 5% of the Hard Construction Costs.

13.1.2 All Hard Construction Costs included in the GIMP are for direct Construction costs incurred in performing the work, including taxes, delivery and installation. City shall reimburse DB for the exact amount of subcontract, self-performed work or invoice amount.

No additional DB markup, handling fees, overhead, or other charges are to be added or paid except as otherwise set forth in this agreement. Upon Final Completion of the Project, any amount of Hard Construction Costs or DB Contingency Fund monies not utilized shall result in a deductive Change Order.

13.1.3 The GIMP shall include a DB Contingency Fund which can be used by the DB with City approval. If the Parties mutually agree that there is a sufficient surplus, the DB Contingency Fund will be available to provide additional funds for Change Orders as provided for in Section 14 of this Agreement. This Contingency Fund will not be available for: (1) Work required due to DB's and/or Contractors/subcontractors failure to perform according to the terms of this Agreement and/or in compliance with the Construction Documents, or (2) uninsured losses resulting from the negligence of DB or its Contractors/subcontractors. All Change Orders, including zero dollar Change Orders, which require the use of the DB Contingency Fund, shall require City approval.

13.1.4 DB shall prepare, with the cooperation of the City, alternate bid items to assist in meeting the GIMP.

13.2 DB shall perform the Phase I Services on a time and materials basis for an amount not to exceed $537,981.01, as specified in DB's Project Cost Estimate. Except as otherwise expressly provided in this Agreement, as full and complete compensation for performance of all Phase 11 Services under this Agreement, DB shall be compensated by the GIMP sum to be determined at 90% construction documents. Said amounts for the Phase I and Phase II Services shall not be exceeded unless Additional Services are requested pursuant to Section 9 above or a Change Order issued pursuant to Section 14. Unless otherwise expressly provided in this Agreement, the 100111290 1}
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GIMP shall include full compensation for all costs of any type incurred by DB in performing all services and obligations under this Agreement, including but not limited to the following:

13.2.1 All Design Consultants.

13.2.2 Estimating, management of design consultants and value engineering.

13.2.3 Construction supervision and project management personnel, including but not limited to superintendents, Project managers, Project secretaries, Project engineers, Project accountants, and all other DB personnel wherever located.

13.2.4 All on-site and off-site equipment, supplies and facilities, including but not limited to, computers, estimating, dictating, communication and accounting equipment, office space, trailers, field equipment and storage facilities.

13.2.4.1 In no case shall the cumulative monthly rental charges to the Project for equipment and Small Tools used by the DB exceed 90% of the fair market value of any one piece of equipment or Small Tools. At City's option, the full price for equipment or Small Tools may be paid, and City may take possession upon completion of the Work.

13.2.5 All home-office and field overhead costs of any type including document control and retention.

13.2.6 All business license costs.

13.2.7 All profit DB intends to earn under this Agreement.

13.2.8 All direct and incidental costs incurred by DB, except for those specifically identified in Section 9.

13.3 DB shall be reimbursed, without markup and only as specified in this Agreement for the following "Reimbursable Costs:"

13.3.1 Any reimbursable cost expressly provided for elsewhere in this Agreement.

13.4 DB agrees and acknowledges the City retains its full and complete discretion for all legislative actions, including any future appropriations necessary to complete this Project or fund this Agreement. As more fully provided in Section 26, the City may terminate this Agreement for any reason, including but not limited to, if City Council fails to appropriate sufficient funds or is unsuccessful at obtaining long term financing.

Section 14: Change in GIMP and Contract Time

14.1 The GIMP and Contract Time may only be changed by written Change Order. Change Orders shall be issued only under the following circumstances:

14.1.1 The City directs DB to perform Additional Services or City Changes as provided in Section 9.

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14.2 The following procedure shall be followed for the issuance of Change Orders:

14.2.1 Upon the occurrence of any event that gives rise to a Change Order, including any action, inaction, decision or direction by City or agent for the City, DB shall give the City notice of the same within five (5) calendar days. DB shall not proceed with any such services or work until such notice has been given to the City except if such services or work are necessary to protect public health, safety or property as directed by the City Representative in writing.

14.2.2 If DB submits a request to change the GMP, DB shall: (1) inform City of any request to change the GMP or Contract Time at the next Project Team Meeting; (2) provide City with a list of recommended revisions which DB believes will bring Project within the GMP; and (3) assist City in reviewing the itemized cost breakdown and recommend revisions so that City can revise the scope of the Project so that the GMP is not exceeded.

14.2.3 DB's notice to the City shall include a detailed and complete estimate of the cost and time impacts associated with the requested Change Order, including all appropriate direct and indirect costs and credits. All such costs and credits shall be accurately categorized into DB Fixed Fee, Reimbursable Costs or Hard Construction Costs. DB shall also provide City with a realistic estimate of the impact, if any, the Change Order will have on the Contract Time. DB shall provide complete and accurate pricing within ten (10) calendar days of the occurrence of the event that gives rise to a Change Order.

14.2.4 Upon submission of the detailed estimates by the DB, the Parties will attempt to negotiate an appropriate adjustment in GMP and Contract Time. If an agreement is reached, a Change Order reflecting the agreement will be executed by the Parties. If an agreement is not reached, the City shall have the option to direct the DB to proceed with the subject services and/or work, during which time the DB shall contemporaneously maintain accurate and complete records of all labor, material and equipment utilized in performing the subject services and/or work. These records shall be submitted to the City and shall become the basis for continued negotiations between the Parties for an equitable adjustment to the GMP and/or Contract Time.

14.2.5 In the event there is any disagreement or dispute between the Parties as to whether the DB is entitled to a Change Order or the amount of the Change Order, the matter shall be resolved in accordance with Section 33. DB shall not have the right to stop or delay in the prosecution of any services or work, including services or work that is the subject of the Change Order, pending this resolution process. Instead, DB shall continue diligently prosecuting all such services and work.

14.2.6 City may, in its sole discretion, adjust the GMP or Contract Time for any undisputed amount or time associated with the Change Order or Additional Services.

14.3 All Change Orders, including zero dollar Change Orders which require the use of DB Contingency Fund, irrespective of impact on GMP and Contract Time shall require City approvals, however City shall not unreasonably withhold approval for use of contingency funds for changes normally encountered due to unforeseen omissions in the work packages and minor clarifications of the drawings.
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Section 15: Payment Terms

15.1 DB shall provide all Phase I Services for the Phase I Fee. DB shall submit certificate and application for payment to the City on a monthly basis for Phase I Services rendered and costs incurred. The monthly payment shall be based upon percentage of completion of the Schedule of Values plus any Reimbursable Costs as provided in Section 15.3.

15.2 DB shall provide all Phase 11 Services for the Phase 11 Fee. DB shall submit certificate and application for payment to City on a monthly basis for Phase 11 Services. The monthly payment application shall be based upon the percentage of completion of the Schedule of Values plus any Reimbursable Costs and Hard Construction Costs as provided in Section 15.3 and 15.4, less any payments previously made by the City and subject to the receipt of unconditional lien releases for all prior payments and if the invoiced amount is not disputed by City, it shall pay DB ninety five percent (95%) of payment application based upon the percentage complete of the Schedule of Values and 100% of the reimbursable costs within thirty (30) days after receipt of the fully documented invoice. City will withhold the remaining 5% as security for DB's full performance.

15.3 DB shall develop and maintain an accurate system for tracking all Reimbursable Costs.

Utilizing this system, DB shall include with each month payment application an itemization of all such Reimbursable Costs actually incurred by DB, during the previous month. If requested by the City, DB shall provide all backup documentation supporting such Reimbursable Costs.

15.4 DB shall develop and maintain an accurate system for tracking all Hard Construction Costs it incurs on the Project. Utilizing this system, DB shall include with each monthly application for payment an itemization of all Hard Construction Costs actually incurred by DB during the previous month.

15.5 DB shall separately submit to City certificate and application for payment on a monthly basis for any authorized Additional Services performed by DB. Subject to the receipt of unconditional lien releases for all prior payments and if Additional Services are not disputed by City, City shall pay ninety five percent (95%) of the invoiced amount within thirty (30) days of receipt of fully complete invoice. City will withhold the remaining 5% as security for DB's full performance.

15.6 Subject to Sections 15.8, City shall pay DB the five percent (5%) retention being withheld pursuant to Sections 15.2, and 15.5 as part of the "Final Payment" to DB. Final Payment will be made thirty-five (35) days after Final Completion.

15.7 The City Manager will consider the release of the entire retention for subcontractors upon completion of the subcontractors' work and execution of a disclaimer and unconditional final lien release by the subcontractor.

15.8 In lieu of withholding retention under this Agreement, at the election of DB, City will deposit retention amounts into escrow and/or the substitution of securities for money as provided in California Public Contract Code Section 22300.

Section 16: Project Completion

16.1 Substantial Completion shall be that stage in the progress of the construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City can fully utilize entire Project; Substantial Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of the Construction 100111290 1}
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Documents are in place and have been initially tested, and are operationally functional, subject only to final testing, balancing and adjustments and normal Final Completion punch list Work.

16.2 Final Completion shall be deemed to occur on the last of the following events: (1) recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the City; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of all documents required to be supplied by DB to City under this Agreement, including but not limited to As-Built Drawings, warranties, and operating manuals; (5) and delivery to City of a Certificate of Completion duly verified by DB.

16.3 DB shall provide City with a Certificate of Completion, certifying to City under penalty of perjury that the Project has been completed in accordance with the Construction Documents, all applicable building codes and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating to the Project.

16.4 DB shall provide one set of City final record drawing documents at the end of construction and one copy in electronic format ("As-Built Drawings"). As-Built Drawings are to be accurate and legible records showing exact location by dimensions, and the exact depth by elevation of underground lines, valves, plugged tees, wiring and utilities.

16.5 DB shall provide a copy of, or make available before destruction, all records (which includes all writings as defined in Evidence Code Section 250) to the City upon receipt or generation, which shall include a copy of DB's filing protocol.

Section 17: Contract Time

17.1 The "Contract Time" shall be the number of calendar days stated in Section 1 for DB to achieve Substantial Completion.

17.2 "Time is of the essence" with regard to Contract Time and all milestones listed in the schedule.

17.3 The Contract Time may only be changed by a Change Order as set forth in Section 14.

17.4 Further, an extension in Contract Time will not be granted unless DB can demonstrate through an analysis of the Project Schedule that the increases in the time to perform or complete the Project, or specified part of the Project, beyond the corresponding Contract Time arise from unforeseeable causes beyond the control and without the fault or negligence of DB, its Design Consultants, and subcontractors or suppliers, and that such causes in fact lead to performance or completion of the Project, or specified part in question, beyond the corresponding Contract Time, despite DB's reasonable and diligent actions to guard against those effects.

17.5 DB carries the burden of proving an entitlement to an increase in the Contract Time.

Delays attributable to and within the control of Design Support Consultants, or subcontractor or supplier shall be deemed to be delays within the control of DB. No time extension will be allowed for such delays. An increase in Contract Time does not necessarily mean that DB is due an increase in the GMP.

Section 18: Late Completion

18.1 City and DB recognize that time is of the essence in this Agreement and that City will suffer financial loss if the Project is not completed within the Contract Time, plus any extensions thereof allowed in accordance with Section 17.3. They also recognize the delays, expense, and 100111290 1}
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difficulties involved in proving in a legal proceeding the actual loss suffered by City if the Project is not completed on time. Accordingly, instead of requiring any such proof, City and DB agree that DB shall pay as liquidated damages (but not as a penalty)for each calendar day of delay beyond the time specified for Substantial Completion of the Project, the following amounts which DB expressly agrees are "not unreasonable under the circumstances" as defined in California Civil Code §1671(b): $4000 for each calendar day. Liquidated Damages shall not be assessed after the date on which Substantial Completion is achieved pursuant to Section 16.

Section 19: Right to Modify Work

19.1 Without invalidating the Agreement and without notice to any surety, City may at any time or from time to time, order additions, deletions, or revisions in the Project; these will be authorized by a written Change Order prepared and issued by City. Upon receipt of any such document, DB shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Construction Documents (except as otherwise specifically provided).

19.2 When City desires a change in the Project, City may issue a Request for Proposal to DB.

DB will be required to respond within the time indicated by City.

Section 20: INTENTIONALLY LEFT BLANK.

Section 21: Work BV Others

21.1 City may perform other work related to the Project at the Project Site by City's own forces, or let other direct contracts ("City Contractor"). The City will give DB reasonable notice of its intent to do such other work. DB's work shall take priority over the City Contractors; but the Parties will use their best efforts to coordinate their work so as to minimize the disruption to each other's work and to allow City Contractor to proceed expeditiously.

21.2 If the proper execution or results of any part of DB's work depends upon the work by the City or City Contractor, DB shall promptly inspect and report to City in writing any apparent delays, defects, or deficiencies in the City's work that render it unavailable or unsuitable for such proper execution and results. DB's failure to promptly report such delays, defects, or deficiencies in writing before commencement of the affected work, will constitute an acceptance of the City's work as fit and timely for integration with DB's Work except for latent defects and deficiencies in the City's work for which DB will not be responsible.

21.3 If DB or any person or entity working for DB causes damage to the City's or City Contractor's work, property, or person, or if any claim arising out of DB's performance of the Project by any other contractor is made against DB, by City, any other contractor, or any other person, DB shall promptly repair and/or resolve said claim at no cost to City.

Section 22: Warranties and Guarantees

22.1 DB warrants and guarantees to City that materials and equipment incorporated into the Project will be new unless otherwise specified and that all work will be in strict accordance with the Construction Documents and will not be defective. Prompt notice of defects known to City shall be given to DB. All Defective Work, whether or not in place, may be rejected, corrected, or accepted as reasonably directed by City, provided DB shall not be entitled to an extension in Contract Time or increase in GMP because of any delay or increase in cost attributable to the rejection, correction or acceptance of said work. Defective work may be rejected even if approved by prior inspection.
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22.2 The warranty period shall commence when the Certificate of Final Completion is issued or at beneficial use by City prior to Final Completion, whichever occurs earlier, and extend one (1) year after that date or whatever longer period may be prescribed by laws or regulations or by the terms of any applicable special guarantee or specific provision of the Construction Documents.

22.3 INTENTIONALLY LEFT BLANK.

22.4 INTENTIONALLY LEFT BLANK.

22.5 Correction of Defective Work - If within the designated warranty period, or such longer period as may be required by laws or regulations, the Project or any part of the Project, is discovered to contain defective work, DB shall promptly, without any reimbursement or adjustment in the GIMP, and in accordance with City's written instructions, either correct that defective work, or if it has been rejected by City remove it from the Project and replace it with work which is not defective. If circumstances warrant it, including but not limited to, in an emergency, City or DB may have the defective work corrected or the defective work removed and replaced. In that event, DB shall not be allowed to recover any associated costs, and DB shall reimburse City for all direct, and indirect costs of City, and City shall be entitled to an appropriate decrease in the GIMP, to withhold a setoff against amount recommended for payment, or make a claim on DB's bond if DB has been paid in full.

22.6 With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and materials furnished under this Agreement, the DB shall:

22.6.1 Obtain all warranties that would be given in normal commercial practice and as required by the City;

22.6.2 Require all warranties to be executed, in writing, for the benefit of City;

22.6.3 Enforce all warranties for the benefit of City, if directed by City;

22.6.4 In the event DB's warranty under Section 22.2 has expired, City may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty;

22.6.5 DB shall assign all subcontractor, supplier and manufacturer warranties including maintenance contracts from the installer for specialized equipment to cover the limited warranty period to City at the expiration of the one year warranty.

Section 23: Use and Possession Prior to Completion

23.1 City shall have the right to take possession of or use any completed or partially completed part of the Work if mutually agreed upon by the parties. Before taking possession of or using any Work, City shall furnish DB a list of items of Work remaining to be performed or corrected on those portions of the Work that City intends to take possession of or use. However, failure of City to list any item of Work shall not relieve DB of responsibility for complying with the terms of this Agreement. City's possession or use shall not be deemed an acceptance of any Work under this Agreement, nor relieve the DB of any of its obligations under this Agreement.

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by City delays the progress of the Work or causes additional expense to DB, an equitable adjustment shall be made in the GMP or the Contract Time, and the Agreement shall be modified in writing accordingly.

Section 24: Personal Services and Non-Assignability

24.1 This is a personal services Agreement and,therefore, DB shall not alter the key employees or Design Consultants nor assign or transfer, voluntarily or involuntarily, any of its rights, duties or obligations under this Agreement except upon the prior written consent of City. Any such change, assignment or transfer without the prior written consent of the City shall be deemed null and void and constitute a material breach under this Agreement.

Section 25: Indemnification

25.1 To the fullest extent permitted by the law, DB shall indemnify, defend, protect and hold harmless City, their elected and appointed officers, agents, employees, consultants, (collectively herein the "Indemnitees"), from and against all claims, demands, causes of action, damages, injuries, liabilities, losses and expenses (including, without limitation, reasonable attorneys' and consultants' fees and expenses) of any kind whatsoever, arising in whole or in part out of or resulting from DB's performance of this Agreement, DB's breach of this Agreement, or the alleged negligent acts or omissions of DB, its architects, engineers, other professionals and consultants, Contractors, suppliers or anyone directly or indirectly employed by any of them or anyone for whose acts they may be liable. The obligations of the DB under this paragraph for errors or omissions, including those of the design professional subcontractors, which includes the Design Subcontractors, consultants, agents and employees thereof ("Design Subcontractors"), which arise from (1)the preparation or approval of maps, drawings, opinions, reports, surveys, designs or specifications, or (2) the giving of or the failure to give directions or instructions shall not be limited to the amount of coverage provided for in the professional liability insurance policy. If City is fully reimbursed by DB's insurance for any loss covered by this paragraph, DB shall have no further obligation for such loss.

25.2 DB's obligation to indemnify under Section 25.1 shall not extend to such claims, demands, causes of action, damages, injuries, liabilities, losses and expenses, to the extent that such is the result of the active negligence or the willful misconduct of an Indemnitee. DB's obligation to defend under Section 25.1, if not covered by the insurance to be provided on the Project, shall not extend to such claims, demands, causes of action, damages, injuries, liabilities, losses and expenses, or causes of actions, to the extent that such are caused by the active negligence or the willful misconduct of the Indemnitee, and from no other cause.

25.3 DB shall ensure that any asbestos or hazardous or toxic substances encountered on the site is properly removed and disposed of in accordance with all state or federal statutes or regulations. DB's obligation regarding the removal or disposal of asbestos or hazardous or toxic substances, products or materials shall be limited to the proper removal within the Project boundaries and the proper disposal of such materials. The DB agrees to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its elected and appointed officers, employees, agents and consultants from and against any and all claims, suits, demands, liabilities, losses, or costs, including reasonable attorney's fees and defense costs, resulting or accruing to any and all persons, firms, and any other legal entity, caused by, arising out of or in any way connected with the removal or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on the jobsite whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action.
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Section 26: Right to Terminate and Suspend Work

26.1 Archaeological and Paleontological Discoveries: If a discovery is made of an archaeological or paleontological interest, DB shall immediately cease operations in the area of the discovery and shall not continue until ordered by City. When resumed, operations within the area of the discovery shall be as directed by City.

26.1.1 Discoveries which may be encountered may include, but are not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, fossils or any item with cultural significance.

26.1.2 DB shall be entitled to an extension of time and compensation in accordance with the provisions of this Agreement.

26.2 Termination of Agreement by City for Cause: If, through any cause, DB shall fail to fulfill in a timely and proper manner DB's obligations under this Agreement, or if DB shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to DB of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. All finished or unfinished documents, data, studies, drawings, maps, plans, specifications, reports, electronic files, and other materials prepared by DB, or any of its agents, Design Consultants or Subcontractors, shall, at the option of the City, become the property of the City, and DB shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed amounts payable hereunder, and less any damages caused by DB's breach.

26.2.1 In the event the Agreement is terminated in accordance with this Section, City may take possession of the Project and may complete the Project by whatever method or means City may select.

26.2.2 If the cost to complete the Project exceeds the balance, which would have been due, DB shall pay the excess amount to City.

26.2.3 Rights of City Preserved: Where DB's services have been so terminated by City, the termination will not affect any rights or remedies of City against DB then existing or which may thereafter accrue. Any retention or payment of moneys due DB by City will not release DB from liability. It is agreed that termination hereafter will not in any way release, waiver, or abridge any rights the City has against DB's performance bond surety.

26.3 Any dispute as to the amount due or owed to DB upon termination under this section shall be resolved in accordance with Section 26.

26.4 Termination for Convenience by City: City may terminate this Agreement at any time and for any reason, by giving specific written notice to DB of such termination and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, DB shall be entitled to receive just and equitable compensation for any satisfactory Work completed to the effective date of such termination. DB hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein.
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26.4.1 Records and Documents Relating to Termination: Unless otherwise provided in the Agreement or by statute, DB shall maintain all records and documents relating to the terminated portion of this Agreement for three(3)years after final settlement. This includes all books and other evidence bearing on DB's costs and expenses under this Agreement.

DB shall make these records and documents available to City, at DB's office, at all reasonable times, without any direct charge. If approved by the City Manager, photographs, electronic files, microphotographs, or other authentic reproductions may be maintained instead of original records and documents.

26.5 Upon receipt of the Notice of Termination, DB shall take any action that may be necessary, or that the City Manager may direct, for the protection and preservation of the property related to this Agreement that is in the possession of DB and in which City has or may acquire an interest.

26.6 Payment to DB Due to Termination - DB and the City Manager may agree upon the whole or any part of the amount to be paid because of the termination. The amount may include a fee proportional to the percentage of work satisfactorily completed. However, the agreed amount may not exceed the total dollar amount authorized by City as reduced by the amount of payments previously made.

26.7 Failure to Agree on Payment - If DB and City fail to agree on the whole amount to be paid because of the termination of Project, City shall pay DB the fair and reasonable amounts determined in good faith by City as follows, but without duplication of any amounts agreed to above:

26.7.1 The price for completed services accepted;

26.7.2 The costs incurred in the performance of the Project terminated, including initial costs and preparatory expense allocable thereto. These costs are only for Work completed and accepted by the City based on an audit of all Contractors' bills of materials and the timecards for Work actually performed;

26.7.3 DB and Design Subcontractor services through the date of termination shall be paid based on actual time spent as documented on timecards. Expenses shall be paid based on invoice and receipts provided by DB;

26.7.4 Under no circumstances will DB be entitled to any consideration for lost profit or lost opportunity costs;

26.8 If DB does not agree that the amount determined by the City Manager is fair and reasonable and if DB gives notice of such disagreement to City within thirty (30) days of receipt of payment, then the amount due shall be as later determined pursuant to the Dispute Resolution procedures in Section 26.

26.9 Payment for Property Destroyed, Lost, Stolen or Damaged - Except to the extent that City expressly assumed the risk of loss, the City Manager shall exclude from the amounts payable to DB under this Section, the fair value, as determined by the City Manager, of property that is destroyed, lost, stolen, or damaged so as to become undeliverable to City.

26.10 Deductions - In arriving at the amount due DB under this section, there shall be deducted:

26.10.1 Any claim which City has against DB under this Agreement; and 100111290 1}
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26.10.2 The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by DB or sold under the provisions of this clause and not recovered by or credited to City.

26.11 Termination of Agreement by DB:

26.11.1 DB may terminate the Agreement upon ten (10) days written notice to City, whenever:

26.11.1.1 The Project has been suspended under the provisions of Section 26.1 or 26.2, for more than ninety (90) consecutive days through no fault or negligence of DB, and notice to resume Work or to terminate the Agreement has not been received from City within this time period; or

26.11.1.2 City should fail to pay DB any monies due it in accordance with the terms of this Agreement and within ninety (90) days after presentation to City by DB of a request therefore, unless within said 10-day period City shall have remedied the condition upon which the payment delay was based.

26.11.2 In the event of such termination, DB shall have no claims against City except for those claims specifically enumerated in Section 26.9, herein, and as determined in accordance with the requirements of said Section.

Section 27: Independent Contractor

27.1 DB and any Design Consultant, Contractor, Subcontractor, agent or employee of DB, shall act as an independent contractor and not as an agent, officer or employee of City. Except as expressly provided in this Agreement, City assumes no liability for DB's actions and performance; in particular, but without limitation, City assumes no responsibility for paying any taxes, bonds, payments or other commitments, implied or explicit, by or for DB. DB acknowledges that it is aware that because it is an independent contractor, City is making no deductions from the fees for services being paid to DB and that City is not contributing to any fund on the behalf of DB. DB disclaims the right to any type of additional fee or benefits.

Section 28: Independent Judgment

28.1 Unless otherwise directed in writing by City, DB shall, in providing the professional services required by this Agreement, arrive at conclusions with respect to the rendition of information, advice and recommendations, independent of the control and direction of City, other than normal contract monitoring; DB, however, shall possess no authority with respect to any City decision beyond rendition of such information, advice and recommendations. DB shall not have the authority to act as an agent on behalf of City unless specifically authorized to do so by City in writing.

Section 29: Maintenance of Records and Accounting

29.1 DB shall maintain, during the Project and for a period of three (3) years after completion of the Project, accurate and organized records of all costs of any type and all services performed under this Agreement. City will have the right at any time, including during the performance of all Phases of the Project to audit and copy all such records. 100111290 1}
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Section 30: Ownership of Documents

30.1 Drawings, plans and specifications, and all reports, studies, tracings, maps, electronic files, and other documents prepared or obtained by DB in the course of performing the work under this Agreement shall be the property of City, and DB shall convey and transfer all copyrightable interests in such drawings, plans and specifications, documents to City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by DB under this Agreement shall, upon request, be made available to City. City agrees to use the original plans and drawings for purposes of this construction project only and will not use the original plans or drawings in connection with any other construction project. City agrees to indemnify, defend and hold harmless DB against any claims, losses, costs or damages as a result of City's reuse or misuse of such plans, drawings and specifications. In the event of the return of the plans, drawings, or specifications to DB or its representative, DB shall be responsible for their safe return to City. DB shall be entitled to retain copies of the plans, drawings and specifications for their files.

Under no circumstances shall DB fail to deliver any draft or signed and sealed final plans, drawings or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between DB and City concerning payment, performance of Agreement, or otherwise.

This covenant shall survive the termination of the Agreement.

30.2 Title to Intellectual Property. DB shall represent that it has secured all necessary licenses, consents or approvals to use the components of any intellectual property, including computer software, used in the rendering of services and the production of the materials for the Project and that City has full legal title to and the right to reproduce such materials. DB covenants to defend, indemnify and hold City harmless of any loss, claim or liability in any way related to a claim that City is violating, as a result of any services rendered by the DB, either any contractual provisions or any federal, state or local law, relating to trade names, licenses, franchises, patents or other means of protecting interests in products or inventions.

Section 31: Force Majeure

31.1 Any party to this Agreement may be excused for any delay or failure to perform its duties and obligations under this Agreement, except for obligations to pay money, but only to the extent that such failure or delay is caused by an Event of Force Majeure as set forth in Section 31.2. If an Event of Force Majeure set forth in Section 31.2 causes a delay or failure in performance of only a portion of the obligations of a Party under this Agreement, then only that portion of performance which was delayed or prevented by such cause shall be deemed excused, and the performance of all other obligations of a Party not so delayed shall not be excused by an Event of Force Majeure. Delay or failure in performance of all other obligations of a Party not so delayed shall not be excused by such Event of Force Majeure. Delay or failure in performance by a Party which is the result of an Event of Force Majeure set forth in Section 31.2 shall be deemed excused for a period no longer than the delay or failure in performance caused by such Event.

31.2 An Event of Force Majeure means an occurrence beyond the control and without the fault or negligence of a Party, including but not limited to unusually severe weather, flood, earthquake, fire, lightning, and other natural catastrophes, acts of God or the public enemy, war, terrorist act, riot, insurrection, civil disturbance or disobedience, strike or labor dispute for which DB is not responsible, expropriation or confiscation of facilities, changes of applicable law, or sabotage of facilities, so long as such Party makes good faith and reasonable efforts to remedy the delays or failures in performance caused thereby. However, DB, in developing the GIMP and Project Schedule, has incorporated three (3) days for anticipated adverse weather days that may disrupt work on the Project; DB shall be entitled to relief under this Section for adverse weather only to the extent adverse weather days exceed this amount of days. 100111290 1}
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31.3 A Party shall give written notice to the other Party as soon after becoming aware of the delay or failure in performance caused by an Event of Force Majeure as is reasonably possible, but in any event within five (5) working days after Party becomes aware of such delay or failure.

31.4 No Event of Force Majeure shall be a basis for monetary adjustment to the GIMP. Costs incurred by the DB as a result of a Force Majeure Event will be reimbursed according to the terms of this Agreement from the Contingency Fund.

Section 32: Hazardous Materials

32.1 In the event the DB or any other party encounters asbestos or hazardous or toxic materials at the Project Site, or should it become known in any way that such materials may be present at the Project Site or any adjacent areas that may affect the performance of the DB's services, the DB may, at his or her option and without liability for consequential or any other damages, suspend performance of services on the Project until the City retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the hazardous or toxic materials, and warrant that the Project Site is in full compliance with applicable laws and regulations.

Section 33: Disputes

33.1 All claims, counterclaims, disputes, and other matters in question arising under, or relating to, the Agreement or the breach thereof shall be processed in accordance with the provisions of this Section, unless specifically addressed by another provision of this Agreement.

33.2 DB shall submit its written request for additional compensation for work beyond the scope of this Agreement to City pursuant to Section 9. City shall make a determination on DB's request in writing within 7 days of receipt of request and all supporting data. Said request for approval of work beyond the scope of this Agreement shall be made in good faith and accurately reflect the adjustment in project fee or schedule for which DB believes City is liable, and covers all costs and delays to which DB believes it is entitled as a result of the occurrence of the claimed event. All requests for adjustment in schedule shall include an analysis of the impact of the claimed work on specific activities on the schedule.

33.3 If DB disagrees with City's determination, DB shall file a claim in writing in accordance with the procedures set forth in Chapter 1.28 of the Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of the same.

33.4 Pending final resolution of any claim, including litigation, DB shall proceed diligently with performance of the Project, and comply with any direction of City.

Section 34: Notices

34.1 All notices, demands or other communications hereunder shall be given or made in writing and shall be delivered personally or sent by courier or registered or certified mail, return receipt requested, postage prepaid, addressed to the Party to whom they are directed at the following addresses, or at such other addresses as may be designated by notice from such Party:

To CITY:

Engineering Department
Attn: Michael Hilker
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Design / Build Services Agreement
MONTE MAR STORM DRAIN IMPROVEMENTS PROJECT (CIP No. 8905)

200 Civic Center Drive
Vista, CA 92084
To DB:

Orion Construction Corporation
Attn: Rob Wilson
2185 La Mirada Drive
Vista, CA 92081
Any notice, demand or other communication given or made solely by mail in the manner prescribed in this Section shall be deemed to have been given and to be effective three (3) days after the date of such mailing; provided, however, that any notice, demand or other communication which would otherwise be deemed to have been given on a day which is not a working day shall be deemed to have been given on the next subsequent working day.

Section 35: Miscellaneous Terms

35.1 Representations: Each Party hereto declares and represents that in entering into this Agreement it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Agreement is being made without reliance upon any statement or representation of any other Party not contained herein, or any representative, agent or attorney of any other Party.

35.2 Severability: If any term or condition of this Agreement is held to any extent to be invalid or unenforceable, all the remaining terms and conditions shall be enforceable to the fullest extent permitted by law.

35.3 Entire Agreement: This Agreement contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations and rights of the Parties in respect of each other regarding the subject matter of this Agreement. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Agreement shall be valid unless it is in writing and signed by the Parties hereto.

35.4 Drafting Ambiguities: The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the Parties hereto. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.

35.5 Applicable Law: The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. Venue for mediation, arbitration and/or actions arising out of this Agreement shall be in the City of Vista, California.

35.6 Waiver: Unless otherwise expressly provided herein, no delay or omission by the Parties hereto in exercising any right or remedy provided for herein shall constitute a waiver of such right or remedy, nor shall it be construed as a bar to or a waiver of any such right or remedy on any future occasion.

35.7 Effect of Headings: Headings appearing in this Agreement are inserted for convenience of reference only, and shall in no way be construed to be interpretations of the provisions hereof. 100111290 1}
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Design / Build Services Agreement
MONTE MAR STORM DRAIN IMPROVEMENTS PROJECT (CIP No. 8905)

35.8 Amendments: This Agreement may be modified, amended or supplemented only by the mutual written agreement of the Parties hereto.

35.9 Authorization and Compliance: Each Party represents that it is duly authorized to execute and carry out the provisions of this Agreement.

35.10 Further Assurances: The Parties agree to do such further acts and things and execute and deliver such additional agreements and instruments as the other may reasonably require to consummate, evidence or confirm the agreements contained herein in the manner contemplated hereby.

35.11 Counterparts: This Agreement may be executed by the Parties in one or more counterparts, all of which taken together shall constitute one and the same instrument. The facsimile signatures of the Parties shall be deemed to constitute original signatures, and facsimile copies hereof shall be deemed to constitute duplicate original counterparts.

35.12 Exhibits: All Exhibits are incorporated herein by reference into this Agreement.

35.13 Third Party Beneficiary: Nothing within this Agreement shall create a contractual relationship between the City and any third party.

35.14 Counterparts; Electronic Signatures; Electronic Delivery: This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which,when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven. Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).

Section 36: Prevailing Wages; Labor Law Compliance
This contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works. Design-Builder agrees to execute City's Agreement to Comply with California Labor Law Requirements (Exhibit 5) and to comply with the Labor Code to the extent that work under this Agreement is subject to those requirements. [Continued on page 24.]
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Design / Build Services Agreement
MONTE MAR STORM DRAIN IMPROVEMENTS PROJECT (CIP No. 8905)

Section 37: Execution
IN WITNESS WHEREOF; the Parties hereto have executed this Agreement as of the Agreement Date.
"City" "Design Builder"
CITY OF VISTA, a chartered municipal ORION CONSTRUCTION CORPORATION, a corporation California corporation
BY: By:

JOHN FRANKLIN, MAYOR
ATTEST: Name/Title

KATHY VALDEZ, CITY CLERK
BY: BY:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY Name/Title
BY:

RISK MANAGEMENT REVIEW:

DOLORES GASCON, RISK MANAGER
BY:

APPROVED
Amanda L.Guy
20230515175428
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Design / Build Services Agreement
MONTE MAR STORM DRAIN IMPROVEMENTS PROJECT (CIP No. 8905)

EXHIBIT LIST

1. Design/Build Services Proposal, Schedule of Rates, and Project Schedule

2. Insurance and Bonding Requirements

3. Request for Proposal (RFP)

4. Project Site

5. Agreement to Comply With California Labor Law Requirements 100111290 1}
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Design / Build Services Agreement
MONTE MAR STORM DRAIN IMPROVEMENTS PROJECT (CIP No. 8905)

EXHIBIT 1
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➢�3" It^tl
r t
J

CITY OF VISTA
DESIGN/BUILD SERVICES C A L I F 0 R N I A

REQUEST FOR PROPOSAL
Jim ilL
6 f
""Jog
Monte Mar
Storm Drain
Improvements
Project
CIP 8905( )

Table of
Contents

13.3.1 General Information

13.3.2 Experience and Technical Competence

13.3.3 Proposed Method to Accomplish the Work

13.3.4 Project Organization and Key Personnel

13.3.5 Financial Arrangements for DBT Members

13.3.6 Minimum Contractor Qualifications

13.3.7 Schedule of Rates and Fees

13.3.8 Preliminary Design and Construction Schedule

13.3.9 Exceptions to Project Information

13.3.10 Additional Information
Attachments 1 - 4

HAGMHORNNE,RYOE
4 0
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4,F .

13.3.1 General Information

1. Executive Summary
Orion's commitment to exceeding the City's objectives of improving drainage,meeting stormwater treatment requirements, and improving public access for this project are founded upon our extensive history constructing projects for the City of Vista,position as a local Vista business, and 36-year history as a public works contractor in the San Diego region. Effective partnering,transparency, and consistently administered project management controls, and established performance criteria are our key components for constructing a successful design build project.

2. Overview-Approach and Commitment
Orion Construction Corporation(Orion)and Harris&Associates,Inc. (Harris)are the Design-Build Team proposed for this project. As a locally owned and operated general engineering contractor, Orion will serve as the Prime Contractor with Harris operating as the Designer of Record. Orion and Harris have successfully teamed together on Design-Build Projects in the San Diego region for over 15 years. Our extensive experience working as a design-build team guarantees a seamless approach to the design-build process, leveraging each firm's respective expertise and experience. Together, we have completed over (21) design-build projects ranging from emergency design and construction services to multi-agency infrastructure improvement projects. The proposed team is currently working on (4) design-build projects for the City of San Diego and U.S. Navy. The Design-Build Team's years of experience working together will provide the City with a seamless design-build process founded on proven methodologies,wide ranging expertise, and value engineering.

2.1 Foundation and Procedures for Successful Project Execution With over 37 years of experience constructing public works infrastructure projects and possessing General Contracting(A), General Building (B) and Landscape Contracting (C27) licenses, Orion is capable of constructing a wide range of public works projects. Equipped with (82) full-time employees and a substantial fleet of company-owned equipment, Orion has the resources to complete this project and exceed the City's objective to: improve drainage and pedestrian access, comply with the City's Trash Implementation Program and improve Mar Monte Road.

As an experienced design-builder, Orion has completed over (59) design-build projects in the last five years alone.

Additionally,Orion has successfully completed the following projects for the City of Vista:
• Agua Hedionda Pedestrian Bridge(2013)
• Agua Hedionda Pedestrian Bridge(2015)
• Buena Vista Creek Restoration(2015)—APWA Award Winner 2018 • Vista Way Emergency Repair Storm Drain(2017)
• V-1 West Vista Way Sewer Replacement(2021)
• Eucalyptus-Citrus Sewer Improvement Project(2021)
• City of Vista Green Oak Trunk Sewer—Phase 1 (2021) Orion's history of constructing projects for the City of Vista demonstrates that Orion's commitment to the City extends beyond any single project,as evidenced by the many successfully completed projects. Our project management approach is formalized by the Project Management Plan which identifies the groundwork for implementing a successful design-build project. The core tenets of our approach are summarized by the following(5)principles:

1. Define project scope to meet predetermined success criteria

2. Engage City team both early and consistently throughout design and construction

3. Identify opportunities for value-engineering to exceed project objectives

4. Maintain strict adherence to Project Management Plan and project schedule

5. Manage project budget via real-time data tracking
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3. Identification of each Design Build Team Members:

The Design-Build Team consists of Orion Construction Corporation as the project's Design-Builder. Harris & Associates is the Designer of Record, Ninyo & Moore is the geological subconsultant, Tory Walker Engineering is the Stormwater Hydrology QA, and Land Surveying Consultants is the surveying subconsultant. Additional specialty sub-consultants may perform specific facets of work as needed.

4. Legal Names and Address of Design-Builder: Orion Construction Corporation, 2185 La Mirada Drive, Vista, CA 92081

5. Legal Form of Company: California C Corporation

6. Subsidiary or "Parent-Company": N/A

7. Office Located in San Diego County: 2185 La Mirada Drive Vista, CA 92081

8. Number of Employees in San Diego County: 82 Employees

9. Persons Assigned to the Project:

Name Title
� �
2185 La Mirada Dr. Vista, CA
Jason Danks Project Director 92081 760-597-9660 Jason Caprio,PE Design Manager 600 B St#2000, San Diego, CA 61 --236-1778 92101
Jennelle Pollette,PE Project Manager 2185 La Mirada Dr.,Vista, CA 760-597-9660 92081
Victor Valdivia Construction Project Engineer 2185 La Mirada Dr.,Vista, CA 760-597-9660 92081
Frank Lopez,PE QA/QC Manager 600 B St#2000, San Diego, CA 619-236-1778 92101
Emily Mastrelli Environmental Permitting Lead 600 B St#2000, San Diego, CA 619-236-1778 92101
Fidel Salamanca,PE Stormwater Hydrology Lead 600 B St#2000, San Diego, CA 619-236-1778 92101
Tory Walker,PE Stormwater Hydrology QA 122 Civic Dr. Ste 206,Vista, CA 760-414-9212 92084
Heidi Andrews,PE Construction Quality Manager& 2185 La Mirada Dr.,Vista, CA 760-597-9660 Scheduler 92081
Fred Neal Superintendent 2185 La Mirada Dr.,Vista, CA 760-597-9660 92081
Chad Opper GMP Lead 2185 La Mirada Dr.,Vista, CA 760-597-9660 92081

10. Person to Contact Concerning the Proposal:

Jason Danks, Vice-President / Project Director, Orion Construction, 2185 La Mirada Drive, Vista, CA 92081; 760-597- 9660; [email protected]

11. Secretary of State Entity Number and Department of Industrial Relations Number:

Name Secretary of State Entity DIR Number
Orion Construction C1552909 1000010760
Harris&Associates C0808586 1000011113
Nin o&Moore C 1400848 1000004481
Tory R. Walker Engineering C2185227 N/A
Land Survey Consultants C1806576 1000008005 06/13/2023 C4 33 of 181

13.3.2 Experience and Technical Competence
Project 1: Rancho Mission Canyon Storm Drain Project
Owner: City of San Diego
Owner Contact: Octavio Chiquete, PE, (619) 980-1742
Design Build Team: Orion - Harris
Location: Rancho Mission Canyon
Total Value: $1.7M
Description: This project resulted from a failed 36-inch diameter corrugated metal pipe (CMP) that conveyed stormwater from approximately 107 acres down a 40% grade into the creek of Rancho Mission Canyon. The CMP storm drain ultimately experienced sheer failure in several locations,which led to worsening erosion of the adjacent embankment terrains, canyon, and creek. The Orion-Harris team quickly mobilized to provide design- build services for a 48" inch diameter RCP storm drain, curb inlets and catch basins, storm drain clean-outs, cut- off walls down the steep slope, concrete energy dissipator, and terraced rip-rap on an emergency basis.

Relevancy: Design-build project of RCP storm drain replacement and storm drain appurtenance structures.

Project 2: Eucalyptus-Citrus Sewer Improvements
Sk
Owner: City of Vista
Owner Contact: Michael Hilker 760-643-5428
Design Build Team: Orion-Harris `
Location: Vista, CA
Total Value: $4.2M �
s a t
Description: The Orion-Harris Progressive Design-Build team worked ` with the City of Vista to develop scope, design drawings, and , construction cost estimates for the sewer main upgrade project to alleviate current system deficiencies as part of their Capital Improvements Program. The design includes approximately 2000LF of 8" -18"new SDR26 sewer pipe,Armorock manholes,abandonment of existing facilities,rehabilitation of 15 existing sewer manholes, extensive surface restoration, and environmental considerations alongside the existing concrete drainage channel. Implementing these upgrades increased the capacity and flow characteristics of the City's sewer infrastructure and subsequent master plan requirements. Construction cost estimates completion of the project at approximately$3.1 million.
3 06/13/2023 C4 34 of 181

Relevancy:
• Progressive Design-Build
• Environmental Management and Compliance
• Designated Waterway Crossing Management
• Mitigation of impact to the waterway
Project 3 —Revelstoke Storm Drain Replacement & Slope Repair Project Owner: City of San Diego
Contact: Jong Choi, PE, (619)533-5943
l� -
Design Build Team: Orion-Harris a�
Location: San Diego's Mira Mesa Neighborhood " 3° Total Value: $1.5M r _
Description: An existing 30-inch diameter CMP storm drain conveying stormwater and run-off from Revelstoke Way and tributary areas failed, resulting in severe canyon erosion and >, collapse. The Design-Build Team designed and constructed new catch basins and curb inlets, 36-inch diameter RCP storm drain, and a concrete energy dissipator with rip-rap based on 5 -
hydrological analysis. —
After completion of the project, the previously under-sized stormwater conveyance system could sufficiently convey stormwater flows during a 25-year, 50-year, and 100- year storm event of 24-hour duration. Lastly,the collapsed slope was reconstructed, restored, and re-vegetated in accordance with geotechnical recommendations and City requirements.

Relevancy: RCP storm drain installation, hydrological analysis Project 4—Park Village Storm Drain Project
Owner: City of San Diego
Owner Contact: Sarah Chavez, PE, (858) 627-3276
Design Build Team: Orion-Harris
Location: Park Village Rd and Darkwood Dr, San Diego, C.A.

Total Value: $3M
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Description: This project consisted of the design and construction of new storm drain junction structures and CCTV installation of a 102" diameter structural liner to rehabilitate an existing storm drain. The Design-Build Team designed and constructed custom structural components to facilitate liner installation without impacting surrounding wetlands, structural road repairs, hardscape and landscape repairs. The project also included managing a large storm drain bypass through the rainy season and full-time vehicle access.

Relevancy:
• Storm Drain Pipe Installation and Repairs
• New Storm Drain Structures
• Flow Diversions and Temporary Storm Drain Bypass
Project 5—McCallen Storm Drain Trash Removal Project
Owner: City of Huntington Beach
Contact: John Griffin, 714-501-5646
Build Team: Orion
Location: City of Huntington Beach
Total Value: $800K
Description: This project included constructing and installing a trash removal device in-line system (Storm Trap) on Delaware Street adjacent to McCallen Park. The device is an extra-large fixed basket designed to remove trash/debris larger than 5mm. :t The trash removal device was installed on a 96"RCP storm drain pipe. The project also included low-flow diversions, - associated asphalt, curb and gutter, and sidewalk removal and replacement. Construction impacts were coordinated with the local YMCA,residents, and businesses in the areas to allow full-time access.

Relevancy:
• RCP storm drain installation
• New Storm Drain Structures
• Specialized Trash Capture Device
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13.3.3 Proposed Method to Accomplish the Work
Project Understanding
The City maintains an existing concrete-lined drainage channel (existing channel) along a portion of Monte Mar Road between East Vista Way and Oak Drive, which was constructed and/or repaired using shotcrete and other methods. The material integrity of the existing channel is severely deteriorated with only the upper portions of the existing channel remaining as concrete-lined.

Drainage Map
The lower portions of the channel are littered with
concrete debris, trash, non-native vegetation, and
other materials that have collected and settled in
the system's flow line. The existing channel Drainage Area:256 acres ds
collects stormwater flows from a tributary , Oil
drainage basin/area of approximately 256-acres
from the northeast and should expect to AZA experience more than 100 cubic feet per second
(cfs) during the design 100-year storm event.

Rainfall events on an annual basis of 1-hour
duration (Qi_Yearr) may equate to 30 cfs.

The City's project objective is to improve
1- JPro�ect Location
multiple aspects of City infrastructure related to
the existing channel. The existing channel is both
an under-performing instrument for the '•° conveyance of stormwater and presents safety and vector issues in its current state. By converting the existing open channel to a subsurface storm drain conveyance,system outfitted with a trash capture device,and landscaped with a pedestrian-friendly surface above, the City will:
• Improve stormwater quality
• Reduce operations and maintenance challenges
• Improve aesthetics of the northside of Monte Mar Road • Reduce safety concerns, including those of Foothill Oak Elementary School • Improve pedestrian access
For the noted trash capture device(s), this Project will allow the City to meet the City's trash implementation program as mandated by the California Waterboard through the State's NPDES Permit requirements. In an effort to improve the environment and adhere to the increasing requirements of the Municipal Regional Permit,the City of Vista, like many other municipalities, is working towards reducing the amount of debris discharged to the ocean from its storm drain system.

The Project will also address the difference in roadway width between western and eastern boundaries of Mar Monte Road, which will include new concrete curb, gutter, sidewalk, and asphalt concrete pavement.

The Design Build Team has reviewed in detail the City of Vista's Request for Proposal for the Monte Mar Storm Drain Improvements Project(CIP 8905), along with the provided reference documents. We understand the City's goals, objectives, and desired infrastructure improvements. The Orion I Harris team has also visited the site on multiple occasions, assessed the environmental permitting requirements, performed drone aerial photography to better understand existing conditions and the Project as a whole, and strategized collectively to better deliver this 6 06/13/2023 C4 37 of 181

Project to the City. Below is an illustration on the potential challenges viewed by the Design Build team during precursory project review and research:
-Ap
C
Alternate trash capture treatment • i
device location C
RFP location foronginal
trash capture treatment
device
Proposed SD Pipe
-
Proposed 5 k.Sidewalk
' LI
Monte Mar Storm Drain Improvements
�I Harris&Associates Project' Challenge a l le n e Map g p
Description of Existing Conditions
The Project's limits of work commence on the easterly side of the existing channel,just upstream of the City's chain link fence and extend west towards the existing concrete headwall with dual 48-inch diameter reinforced concrete pipe(RCP) storm drains. The westerly edge of the Project also aligns with an existing alleyway,westerly property line for the Vista Village Mobile Home Park, and easterly edge of the adjacent commercial development bound by East Vista Way. The Project footprint is approximately 14,000 square feet, and will approach 18,000 square feet if additional pavement restoration improvements are warranted. Of this area, nearly 2,000 square feet belongs to the Vista Union School District and will require a temporary construction easement for access and staging or laydown during construction(see Challenge Map, Challenge No 3) 06/13/2023 C4 38 of 181

ra -
Figure 1: Conditions of Existing Channel Figure 2:Alligator Cracking(Shear Failure) in Existing Asphalt Concrete Pavement(Monte Mar road)
The non-uniform, existing channel has eroding channel
banks that suffer from overgrowth of vegetation and
scouring from erosive velocities, thereby severely deteriorating the channel integrity. The upstream side starts with an intact concrete-lined channel, and then, approximately 350 linear feet downstream terminates at " an existing wing-type headwall (San Diego Regional a .

Standard Drawing D-35)that routes stormwater flows into `4 the parallel 48-inch diameter RCP storm drains beneath z ` the existing alleyway(see Challenge Map, Challenge No. r' 4).

Additionally, along the 350 linear feet of the existing channel, there are two surface drainage outfalls from the Vista Village Mobile Home Park to the north via drainage cuts in their existing concrete masonry unit (CMU) wall.

These outfalls confluence with the existing channel upstream of the existing wing-type headwall (see
Challenge Map, Challenge No. 1). This portion of the
Project's street frontage has no existing concrete sidewalk, curb, or gutter, but has a 6-inch-tall asphalt concrete Type Figure 3:Terminus 48-inch Diameter "A"berm(San Diego Regional Standard Drawing G-05) to protect Dual RCP Storm Drains (Connection the existing channel from vehicular access or similar safety concerns. Point) 06/13/2023 C4 39 of 181

Description of Storm Drain Improvement
A hydrology and hydraulics (H&H) report will be developed and completed in conformance with the San Diego County Hydrology Manual to determine the stormwater flowrates and discharge routing for the Project's improvements. With this assessment, we will properly design, size, select, and place stormwater infrastructure.

Following appropriate design elements and process, the existing channel will then be cleared, grubbed, and stripped of concrete debris, trash, non-native vegetation, unsuitable materials, and deleterious materials (if any).

The existing concrete and shotcrete materials will be demolished, removed, and properly disposed of. The downstream existing wing-type headwall will be considered for"re-use", but may also be demolished, removed, and properly disposed of,depending on connection opportunities,selection and placement of trash capture device, and constructability. Orion Construction will install dual 48-inch diameter RCP storm drains with gasketed, water-tight joints. Upstream and north of the City's chain link fence, a new concrete wing-type headwall will be installed at the proposed channel's new transition point(see Challenge Map, Challenge No. 2), along with a trash capture device (to be sized during design in conformance with the City's BMP Manual). Although the trash capture device was indicated in Appendix C of the RFP to be installed on the upstream end of the Project, we recommend consideration of installation of this unit on the downstream end in order to treat stormwater flows from
Vista Village Mobile Home, as well as to improve accessibility during maintenance from the existing alleyway.

We also suggest angled bar screens to be installed at the new concrete wing-type headwall for larger debris, protection of the trash capture device, and entry prevention for humans and animals.

Lastly, we recommend two catch basins with curb inlets on the northern portion of Vista Village Mobile Home Park,one on the south along Monte Mar Road for stormwater flows
that previously discharged into the existing channel via y surface route (see Challenge Map, Challenge No. 5), and junction structures or "lugs" as appropriate connections to the dual 48-inch diameter RCP storm drains.

Conveniently,there are no sewer or water services within our Project footprint on the north side of Monte Mar Road, so potential conflicts or coordination efforts are not anticipated.

Utility owners in the area are AT&T, Cox Communications, Figure 4:Existing Surface Outfall from Vista SDG&E, and Vista Irrigation District. Although avoidances or Village Mobile Home Park relocations are unlikely, we will notify all utility stakeholders with interest, including initial coordination, circulated and distributed design drawings, and other "forms" like SDG&E's `Anticipated Project Schedule Form' and `Project Notification and Conflict Check Letter'. We successfully navigated this process during the Eucalyptus Citrus Sewer Improvements Project and intend to do so even more efficiently for the Monte Mar Storm Drain Improvements Project.

Selection of Trash Capture Device
The Design Build Team will verify the trash capture device sizing through development of a hydrologic analysis to quantify stormwater flows, and a hydraulic analysis to understand how the stormwater and storm drain system 9 06/13/2023 C4 40 of 181

will operate, including impacts the trash capture device will have on the system(i.e.headlosses, flow restrictions, bypassing). Selecting a trash capture device that meets the City's design standards and stormwater quality treatment requirements while maintaining the channel hydraulics will prevent unforeseen impacts. A potential new location for the trash capture device has been identified at the downstream terminus, which provides additional stormwater treatment and a physical area for equipment during regular maintenance intervals. These options and recommendations will be thoroughly examined as part of the Basis of Design Report.

Description of Roadway Improvements
Monte Mar Road will be widened on the north side of the street to match the westerly end's concrete curb, gutter, and sidewalk. Currently, it is expected that a minimum of 2 feet of asphalt concrete pavement will be added .

However, it should be noted that with the width of the proposed concrete gutter and lack of any gutter now, a constant flowline would allow for most of the widening to take place within the concrete improvements and less asphalt concrete pavement. But again,it is our professional opinion that the current condition of the existing street is poor and increasing the footprint of the asphalt concrete pavement improvements may not only be recommended, but potentially required.

Description of Pedestrian Improvements
The existing 6-inch-tall asphalt concrete Type "A" berm will be removed and replaced with new concrete curb, gutter, and 5-foot sidewalk in accordance with the City of Vista Standard Drawings SRF-06G. Essentially, this work is a "gap-closure" effort from the adjacent commercial development and existing alleyway to just east of the Project's existing channel and Vista Union School District's property. Lastly, a commercial driveway will be added that will allow for a maintenance vehicle to access the trash capture device being installed on the upstream end of the Project. However, and as noted earlier, we may be able to eliminate this feature if direct access is achievable from the existing alleyway.

Suggestions and Special Concerns
Suggestion No. 1: Evaluate Green Street or Alternative Compliance Opportunities Although the RFP states that we should prepare a Stormwater Quality Management Plan (SWQMP) for Priority Development Projects,we also suggest considering green street or alternative compliance opportunities that may address stormwater quality treatment in other ways, like tree wells, dispersion areas, and biofiltration, beyond exclusively the trash capture device. This ultimately may save money on the BMP infrastructure, while adding a beautification element that previously would not have been included.

Suggestion No.2: Accelerate Conceptual Drawings Development for Regulatory Permitting Given the duration of 6-12 months for regulatory permitting with the Regional Water Quality Control Board (RWQCB) and California Department of Fish and Wildlife (CDFW), our team proposes an accelerated development of conceptual drawings to conduct initial consultation and submission of permit applications for the RWQCB's Section 401 and CDFW's 1602 Permit Applications. We recommend this strategic approach prior to waiting for a City-approved version of the 90% Construction Contract Documents. Based on our review of the online aquatics databases, the existing channel does not have a documented surface water connection to the nearest federally jurisdictional water, Buena Vista Creek. Therefore, it is unlikely that the U.S. Army Corps of Engineers (USACE) would take jurisdiction over the existing channel and would likely not require federal (Section 404)permitting.However,an Approved Jurisdictional Determination(supported by an aquatic resources delineation report) would need to be submitted to the USACE to confirm there is no federal jurisdiction over the existing channel.
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Suggestion No.3: Relocate Trash Capture Device to Downstream Terminus As noted earlier, the Design Build Team recommends relocating the trash capture device to the downstream terminus of the Project,which would provide stormwater treatment for the two surface drainage outfalls from the Vista Village Mobile Home Park. These outfalls would not be accounted for and treated in the upstream installation. This relocation would also be more convenient with accessibility for City forces from the existing alleyway, in lieu of a newly constructed commercial driveway further east.

Suggestion No.4: Use Landscaping and Planting Palette from Adjacent Commercial Development For consistency and aesthetics, we suggest considering replicating and extending the landscaping design and planting palette from the adjacent commercial development to the eastern edge of the Project, terminating at Las Terrazas Apartment Homes off Monte Mar Road. This would bring a seamless aesthetic to the frontage improvements,which would provide a planned and cohesive landscape design for nearby residents and businesses alike.

Suggestion No. 5: Construction in Dry Season for Reduced Dewatering,Bypassing,and Impacts to School This Project involves physical impacts to the City's stormwater conveyance and an inherit"break"in the existing channel creates a need for stormwater flow bypassing. To reduce the operation, cost, and risk, we recommend intentional,dry season work.In addition,and as learned with Vista Magnet Middle School, construction activities are best performed while school is not in session and students are less of a concern.This improves safety,increases productivity for Orion Construction crews, and reduces the overall Project schedule.

Suggestion No. 6: CEQA Documentation
Although not included in the RFP, we have special concerns without including work associated with CEQA compliance.This would include either(1)CEQA statutory exemption for pipelines in the public right-of-way less than 1 mile in length, (2) mitigated negative declaration (MND) to the City's Stormwater Programmatic Permit, or(3)a stand-alone MND. Either way,the environmental(regulatory)permitting that is a requirement in the REP, does indeed lean on CEQA compliance documentation as a pre-requisite.

Technical and Management Approach:

The project will be divided into three phases:

1. Phase 1 —Design and Preconstruction Services

2. Phase 2—Construction Services

3. Phase 3 — Operation and Start-up. Upon approval of the 90% Design Drawings and Specifications Submittal, a Guaranteed Maximum Price will be negotiated for Phases 2 and 3.

The following outline demonstrates the Design-Build Team's structural approach to completing the project:

Phase 1 —Design and Preconstruction Services
Phase 1 will include all design efforts to complete the pre-design investigations, 60% Design Drawings, 90% Design Drawings,Issued for Construction Drawings,specifications,and all required permit acquisitions for a not- to-exceed amount per the Phase 1 GMP Price.

Phase 1 is defined by the following tasks:
• Preliminary Design Submittal including:
o Identification of project objectives
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o Licenses and permit requirements
o Preliminary calculations
o Schematic drawings
o Basis-of-Design (BOD)
o As-built review of potential utility constraints
o Conceptual site plan
• Technical Reports:
o Geological Report
o Geotechnical Report
o Storm Water Quality Management Report
• Final Preliminary Design Submittal
o Workshop—Final Preliminary Design and Specifications Submittal o Approval of Final Preliminary Design and Specifications Submittal • 60%Design Drawing and Specifications Submittal
o Workshop—60% Design Drawings and Specifications Submittal o Approval of 60% Design Drawings and Specifications Submittal • 90% Design Drawings and Specifications Submittal
o Workshop—90% Design Drawings and Specifications Submittal o Approval of 90% Design Drawings and Specifications Submittal • GMP negotiations for Phases 2 and 3 based on accepted 90% Design Drawings and Specifications Submittal
• Issued for Construction Drawings
The Project Management Plan(PMP) and Procedures will be developed at the outset of the project to serve as the guideline for overall project administration. This document will facilitate the project execution by:
• Identifying project milestones through the project's baseline schedule which will be used to track status in the overall frame of the project.
• Identifying key City personnel and/or consultants and incorporate them throughout the design and construction phases.
• Incorporating a Project-Specific Safety Plan which adheres to the requirements Orion's company IIPP, inclusive of reporting and documentation protocol to the City for any accidents,claims,or safety concerns. • Providing progress meeting outline and identify additional meetings needed beyond the weekly progress meetings.
• Identifying other agencies and/or stakeholders for coordination and input efforts. • Providing a list of requirements and documents for incorporation into vendor/subcontractor agreements. • Provide Submittal Register and RFI Log
• Provide Budget Log with target expenditures based on cost loaded project schedule • Provide project-specific Quality Control Plan structured on the ACOE — Quality Control System's 3- phases of control.

Development and implementation of the PMP will ensure that project objective and timelines are met or exceeded and ensure strict compliance and adherence with the defined project deliverables and associated Definable Features of Work(DFOW's).

Phase 1 will conclude with the approved set of IFC Drawings and Specifications, 401 and 404 Water Quality Certifications, Storm Water Quality Management Plan, and an agreed to GMP for Phases 2 and 3. 12 06/13/2023 C4 43 of 181

Phase 2—Construction Services
As part of our preliminary site reconnaissance Orion will conduct utility mark-out via Dig Alert and document the pre-existing conditions, inclusive of the utility mark outs. Orion will conduct site visits to determine any site constraints and identify stakeholders with whom to begin coordination.

A construction kick-off meeting will take place and include City personnel and/or consultants, and surrounding stakeholders whose input will be incorporated into the location of the construction laydown area, trucking haul routes and site perimeter fencing. This will facilitate a safe and efficient means of constructing the project while minimizing impacts to surrounding stakeholders.Following this meeting,the project site perimeter will be fenced off, access road developed for Vista Unified School District, and laydown area secured.

During the Site Investigation,potholing and geotechnical investigations will determine if there is any groundwater present at the site, allowing us to incorporate its management during design and construction. This investigation will also provide grading and trench excavation recommendations for the proposed new construction. We will plan to shore and protect the work site and surrounding areas based on the geotechnical information gathered.

Due to the project being an upgrade to a functioning storm drain system we will coordinate the grading and construction to be done outside of the rainy season in order to mitigate the need for a large storm drain bypass.

During construction we will plan on managing nuisance flow with the use of a small on site bypass that is pumped around the work area
Construction will commence with demolition and clearing of the existing concrete debris within the channel which will be followed by grade staking for the new RCP storm drain pipes. Excavation and fill will be completed according to the site staking. Prior to installation of the RCP storm drain pipes, concrete formwork of the wing headwall, along with the installation of the trash capture device on the northeast end of the project will be completed. Construction of a new inlets to capture run-off from Monte Mar Road and Vista Village Mobile Home Park will also take place,thus improving overall drainage on this segment of Monte Mar Road.

After completion of the peripheral improvements,the RCP storm drain pipe will be delivered to the site,installed, and then connected to the existing double 48" storm drain, wingwall and trash capture device. At this point the system will be in functional service. The backfilled area will be graded and final landscaping will be designed to match the adjacent development to the west. The grading will be extended southward to allow for installation of a 5' wide sidewalk curb and gutter and 2' widening of the existing roadway. The roadway widening will be completed first, followed by the forming and pouring of the concrete sidewalk. This will provide a contiguous sidewalk from the east to the west boundaries of the project, thereby improving pedestrian access and safety.

Phase 3 —Operation Start-up
Upon construction completion, Orion will conduct a CCTV inspection of the pipeline. The Site Superintendent and Construction Project Manager will confirm that the pipeline is compliant with operational performance standards and will identify and repair any deficiencies if noted. Once operational performance is confirmed by both, the inspection results will be sent to the DOR for approval as part of our quality assurance. Upon approval by the DOR, the inspection results will be submitted to the City for review and acceptance. At the onset of the first major storm event, Orion personnel will be dispatched to the site to conduct a live inspection of the system for confirm functionality. Additional site inspections will be conducted following Final completion at the 180 day and 360 day intervals to ensure that performance criteria are maintained. The City will be notified of any deficiencies found in the system and the proposed remedial actions.

Project Scheduling
Orion's in-house scheduler (Heidi Andrews) will use Primavera software to create a cost-loaded critical path project schedule (Attachment 1). Orion will provide monthly schedule updates to the City, incorporating the 13 06/13/2023 C4 44 of 181

project's progress and addressing any comparative variances relative to the baseline schedule for both cost and time. Project schedule updates are developed, reviewed and accepted by all of the relevant Design Build Team members prior to submittal with the City. This multidisciplinary review process ensures that project milestones and deliverable timelines are being maintained by the entire Design Build Team.

Management Controls
Jason Danks will serve as the City's single point of contact for the Design-Build Team. Jason will utilize the Project Management Plan to manage the overall project and will coordinate involvement from of the rest of the design-build team throughout the project's three phases. Jason will be in charge ensuring the project schedule milestones are met and that the project budget is accurately recorded and updated for City review.

Delivery Schedule
Project deliverables are identified in the Project Baseline Schedule and will be administered through the Project Management Plan accordingly. Each deliverable will require written approval from City staff unless a conditional approval is permitted, wherein comments will be incorporated into the next project deliverable.

After successful approval of the 100% Design drawings and specifications we will move into the construction and encroachment stage of the project. We will obtain the permits necessary to construct the proposed improvements.

Lines of Communication
Orion Construction uses weekly progress meetings, phone, email, Sharepoint and Microsoft Teams software to maintain the lines of communication with project team members:

Microsoft Teams—Teams is both intuitive and provides document management, videoconference, and chat features all in one platform. Jason Danks will assign an Orion employee to manage and maintain the Team's site to ensure that meeting minutes, plan sheets, logs, and risk register are updated and accessible to the appropriate City staff.

Management and Reporting
Orion utilizes several integrated software programs to manage and forecast schedules,budgets, and onsite construction inspection:

InEight—Orion uses InEight estimating software that integrates with Orion's accounting software from SAGE. It provides an increased granularity of the estimate for detailed review by Orion and 1 N C I CA Mir City staff when preparing the Guaranteed Maximum Price.

FieldLogyx—Orion uses a proprietary daily reporting and timekeeping app. The foreman drafts a daily report, complete with photos and details. The app is easily usable on a computer, �i�aa�yx smartphone, or tablet. The reports can be sent to the City in real-time so that City inspections can occur even if field staff are unavailable to visit the site.

Sage— Orion uses the latest SAGE accounting software, integrating with Orion's estimating and project-budgeting software, allowing for accurate cost accounting.

Primavera—Orion uses P6 scheduling software for its CPM scheduling. ORACLE` PRIMAVERA P6
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13.3.4 Project Organization and Key Personnel

1. Proposed Project Organization and Organizational Chart The Orion Construction Design-Build Team brings to the City of Vista a local, highly reputable, and experienced design-builder who can provide quality construction, design, and exceptional service consistently on time and on budget. The following summarizes our key personnel to be assigned to the project, including each member's relevant design and construction experience. Key personnel available for assignment to this project are immediately available and committed to fulfilling their respective assignments for the duration of the project. See organization chart and resumes in Attachment 2.

Project Director I Jason Danks I Orion Construction
Jason is a seasoned construction executive with 23 years of Design-Build construction experience.Jason is Orion's most senior project manager and operations officer. He is responsible for the construction management effort in its entirety and ensures full collaboration between all parties involved.Jason has a long-standing relationship with this Team and has intimate knowledge of its members' capabilities. He has developed scopes of work and GMPs for infrastructure projects and recently completed the Mission Gorge Road Settlement,where he worked with the Owner to create and bring the project to completion below the GMP. Jason was the Project Manager on the following submitted Projects: Rancho Mission Canyon Storm Drain Replacement, Eucalyptus-Citrus Sewer Improvements, Revelstoke Storm Drain Repair and Slope Repair, Park Village Storm Drain Project. Jason's experience, coupled with his working relationships on this Team, means there is no learning curve. Jason will have approximately 20%time allocation to this project.

Design Manager I Jason Caprio I Harris &Associates
Jason is a seasoned California licensed civil engineer and project manager with more than 16 years of professional experience in the engineering industry, specifically designing and constructing CIP projects for small and large cities, water districts, sanitation districts, and other public agencies. He has been the design project manager and engineer of record for several of Orion's design-build projects,working closely with Project Director Jason Danks, Project Manager Jennelle Pollette, Scheduling & Project Controls lead Heidi Andrews, and superintendent Fred Neal. Jason works well in fast-paced project environments, with multiple teams and stakeholders, and makes decisions decisively and thoughtfully. Jason is the Design Manager for the City's Eucalyptus Citrus Sewer Improvements Project currently in process. Jason will have a 25%time allocation to this project.

Project Manager I Jennelle Pollette, PE I Orion Construction Jennelle is a California licensed civil engineer and Navy certified quality control specialist. She ensures that the project meets the plans and specifications.Her role and expertise are especially important on design-build projects where she guides the Team's efforts to meet the Owner's intent. She is also an accomplished project manager and familiar with the City of Vista specifications. She is currently serving as Project Manager with Jason Danks on the Eucalyptus-Citrus Sewer Improvements project. Jennelle will have approximately 50%time allocation to this project.

Construction Project Engineer I Victor Valdivia I Orion Construction Victor is a Project Engineer with experience in the construction management field as part of Orion's general contractor team. His knowledge and expertise centers around City Planning with an Urban Studies & Planning degree from UCSD. His involvement as a Project Engineer includes project scheduling, management, subcontractor and owner communications, and field support. Victor is a hardworking and adaptive Project Engineer who analyses and executes project decisions in an efficient and assertive manner. His goal of achieving client satisfaction while meeting or reducing project costs helps to ensure complete project success. Victor will have approximately 25%time allocation to this project.
1s
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Design Quality Manager I Frank Lopez, PE I Harris & Associates Frank will serve as the Quality Control/Quality Assurance (QC/QA) Manager and is the Vice President of Engineering Consulting in San Diego for Harris & Associates. He has 17 years of experience working on water, wastewater, and stormwater projects, including several projects with Orion.As the design QC/QA,Frank ensures that the design will accomplish the project's intent. Frank's role is not merely to "check" the plans when they are complete; he is integrally involved throughout to ensure the design meets the project's intent. Frank will have approximately 8%time allocation to this project.

Environmental Permitting Lead I Emily Mastrelli I Harris &Associates Emily is a wildlife biologist with 11 years of field experience, over two years of experience with regulatory permitting, and four years of experience as a project manager and coordinator. Specializing in ornithology and desert tortoises,Emily's other project work includes venomous and non-venomous snakes,butterflies,vernal pool branchiopods, and small mammals. As a senior wildlife biologist, Emily has had several years of experience with threatened and endangered species, including California least tern, vernal pool branchiopods, California gnatcatcher, southwestern willow flycatcher, least Bell's vireo, western snowy plover, and Quino checkerspot butterfly. She holds a USFWS Section 10(a)(1)(A) T.E. permit to survey for, nest monitor, and band California gnatcatchers; survey for vernal pool branchiopods; and to survey for Quino checkerspot butterfly.Emily will have roughly 30%time allocation to this project.

Stormwater Hydrology Lead I Fidel Salamanca I Harris &Associates Fidel has experience analyzing urban storm water systems, open channels, environmental hydraulics, pumps, reservoirs, and large watersheds. Fidel has been involved in water quality related projects and has assisted trash capture feasibility studies for Bay Area cities. He has also conducted several third-party reviews to confirm NPDES compliance. He has valuable experience designing pump stations for sanitary sewer and storm water applications, open channels, culverts, and storm water networks. Fidel will have approximately 15% time allocation to this project.

Stormwater Hydrology QA I Tory Walker I Tory Walker Engineering Tory Walker,Principal engineer at Tory R.Walker Engineering,will be a team member to the Orion Construction and Harris & Associates Team for this project. Mr. Walker is a widely recognized expert, with over 36 years' experience in surface water management, providing services to both public and private entities. Mr. Walker has conducted thousands of hydrologic studies, including preparation of regional drainage master plans and hydrologic model calibrations. He has analyzed and designed numerous hydraulic structures, including stream stabilization structures, embankments, channels, culverts, and detention,retention, and debris basins. Mr. Walker has worked with Orion int his capacity both on the City of Vista Buena Creek Restoration Project and the design of Orion's head office building in Vista, providing hydraulic engineering services. Mr. Walker will have approximately 10%time allocation to this project.

Construction Quality Manager & Scheduler I Heidi Andrews, PE Orion Construction Having worked at Orion for over 20 years,Heidi is one of Orion's senior engineering staff and primary scheduling coordinator. She is an experience Project Manager/Scheduler and is working in that role,with Harris, on several wastewater projects. Her familiarity with the involved parties means that she knows each of their strengths and capabilities.Heidi will create a detailed,cost-loaded construction schedule that she will update throughout design and construction to ensure a fluid and enhanced project schedule. Heidi performed the Quality Management and Scheduling for all of Orion's submitted reference projects. Heidi will have approximately 20%time allocation to this project.
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Construction Superintendent I Fred Neal I Orion Construction Fred has been with Orion for over 23 years. He will be the Construction Superintendent proposed for this project.

He has worked extensively with Jason Danks and Jennelle Pollette on multiple Design-Build projects, including site grading, storm drains, treatment plants, pump stations, pipelines, and Heavy Civil projects. Fred is involved in the design phase,providing additional logistical analysis to the design team regarding personnel,material, and equipment needed for various work components. Because of his extensive work in Camp Pendleton,Fred is well- versed in mitigating construction impacts in environmentally sensitive areas. Fred's ultimate focus is integrating the end-user into the Team and producing a successful project for them. Fred will have approximately 100%time allocation to this project.

GMP Lead I Chad Opper I Orion Construction
Chad serves as Orion's Chief Estimator for heavy civil, water, and water-based infrastructure projects. He has been directly involved in the most significant procurements the company has undertaken in the last 5 years, specifically those in San Diego County. Chad has built up strong working relationships with all of Orion's Senior Executive Team and has direct knowledge of company resources, cost structures, and how to apply these critical metrics to specific projects for overall success. Chad prepares total cost estimates with materials pricing linked to future market conditions in expectation of alleviating TCP volatility for both the Design-Build team and the Project Owner. Chad will have approximately 20%time allocation to this project.

Ninyo and Moore
Ninyo & Moore will serve as the Design-Build teams geological subconsultant and has a long-standing history working with Orion and Harris on multiple design build projects.

Land Surveying Consultants
Land Surveying Consultants will serve as the Design-Build team's surveying consultant and has also worked on several of Orion's recent design build projects.

Local Firms—Understanding of Local Laws, Ordinances,Regulations, Policies, and Requirements Orion is a local firm located in Vista, CA, with a strong knowledge of the City's ordinances, local laws, regulations, and permitting. Orion develops a work breakdown structure on Design-Build projects to identify the goods, services, and materials needed to be procured with special attention paid to services that would maximize the participation of other local firms on the project.

13.3.5 Financial Arrangements for DBT Members

1. Team Members List
• Harris &Associates—52%
• Tory Walker Engineering Inc. —6%
• Ninyo &Moore—6%
• Land Surveying Consultants—4%

13.3.6 Minimum Contractor Qualifications
DB Qualifications—Licenses per person and Corporations
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Orion Construction Corporation
• California registered C-Corporation#C1552909
• DIR registration#1000863563
• CA Construction License #549309 Class A, B, C27
• CA Civil Engineer License #76514—Mark Dowsing
• CA Civil Engineer License #80942—Jennelle Pollette • Bonding Capacity- See Attachment 4
Harris & Associates
• CA Civil Engineer License #74783 —Jason Caprio
• CA Civil Engineer License #74581 —Frank Lopez
• CA Civil Engineer License #84851 —Fidel Salamanca
Tory Walker Engineering Inc.
• CA Civil Engineer License #45005 —Tory R. Walker
Ninyo & Moore
• CA Engineering Geologist, Geologist License#1087, 3645 —Gregory Farrand Land Survey Consultants
• CA Land Surveyor License #5653 —Dale Keith Brewer

13.3.7 Schedule of Rates and Fees

1. Project Cost Estimate
a. Summary Project Cost Estimate with Detailed Breakdown b. Project Phase Cost Estimate Breakdowns

2. General Conditions

3. Cost of Work Multipliers

4. Change Orders

5. Payment, Performance Bond and Insurance Rates

6. Design and Pre-construction Cost Assumptions

7. Construction Cost Assumptions
For additional Detail See Attachment 3. Significant value engineering opportunities may be present based on changes to the RFP requirements presented thus far.

13.3.8 Preliminary Design and Construction Schedule
See Attachment 1

13.3.9 Exceptions to the Project Information
Orion Construction Corporation does not have any current exceptions to report.

13.3.10 Additional Information

1. Insurance Coverage
Orion Construction uses JS Tucker Insurance for their broker and maintains insurance coverages through CNA and Ironshore Specialty Insurance Company. Sample Certificate of Insurance (COI) has been attached in 18 06/13/2023 C4 49 of 181

Attachment 4 according to the City of Vista's Insurance specifications as identified in Attachment J provided with the RFP. Orion currently has 3 workers' compensation claims on its insurance policies from 2020-2021.

2. Safety
Orion's award-winning safety program demonstrates a commitment to safety in all phases. It begins in the design stage, where the Team drafts traffic control, work hour, and construction plans for each scope of work while discussing hazards/mitigation strategies early on. Once the project starts, Orion's crews begin each day with a stretch/flex program where the foremen verify their staff is ready and able to work. This is followed by a safety tail gate meeting to discuss the day's activities/hazards. Orion's safety manager ensures that this program is adhered to throughout the project sequencing. Orion regularly engages its insurance carriers for onsite safety inspections. These safety inspections are non-adversarial and provide Orion crews with updates on the latest and safety techniques and industry standards. Finally, Orion has a good-catch program adopted from the Department of Navy where employees are rewarded for catching safety violations. Over the last five years, Orion has won the National AGC Safety Award for Utility Contractors 3 times.

3. In-House Resources
As an established Design-Build construction
company, Orion Construction has many in-house
ta¢nim
resources to offer project owners. Orion prides itself
r in employing and retaining highly skilled individuals .AAR
_ that continuously operate above industry standards. ° The company also utilizes various software and technological platforms that enhance its ability to
operate, like Primavera, Microsoft Office, Adobe
Acrobat/Photoshop, InEight/Hard Dollar,
FieldLogyx, Autocad, ArcView, Microstation, and
various video conferencing capabilities. Orion
Orion holding a Safety Meeting with work crews additionally owns over 300 pieces of equipment and vehicles, reducing items such as overhead costs
associated with equipment rentals.

4. Self-Performance
Orion will self-perform open-cut operations,site demolition,site grading,landscape/irrigation,hydraulic structure construction, dewatering, and traffic control. Orion has over 82 employees and 64 craft workers, mainly journeyman-level equipment operators, truck drivers, and laborers. All staff live within the greater San Diego area. Orion operates out of its 2-acre Vista Headquarters, 6-acre yards at Camp Pendleton, and its 2-acre satellite yard in Spring Valley. Orion moves its equipment with its owned equipment transport trucks and truck drivers, reducing reliance on subcontract haulers. Orion's overall proximity to the project reduces transportation and administration costs with its headquarters located within the City of Vista.

5. Describe the DB Process and Tools for Developing GMP A. The optimum time to establish the GMP - 7 Months from NTP, following acceptance of the 60% design submittal
B. How the GMP will be calculated—Developed at the 60% design phase and finalized at the 90% design phase based on estimated crew and equipment durations and subcontractor and material vendor quotes. 19 06/13/2023 C4 50 of 181

C. How the DB proposes to deal with unknown issues such as escalation factors — Our subcontracts and purchase orders include price guarantees based on the project schedule.

D. The DB conceptual estimating process — Identify definable features of work and categorize as via the Work Breakdown Structure (WBS) of the project schedule.

E. Input from specialty contractors — Coordination with Tory Walker Engineering to value engineer storm water treatment system along with vendor recommendations and input.

F. The primary challenges in establishing the GMP —Environmental permitting documents that are critical path long duration activities in the schedule. Currently, the schedule allows sufficient time for permit acquisition. Following preliminary design development, a review for permit acceleration will be conducted to limit project duration.
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Attachments
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ATTACHMENT 1
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MONTE MAR STORM DRAIN IMPROVEMENTS[BASELINE SCHEDULE]
Activity ID Activity Name Start Finish Critical Original Duration Total Float 2023 2024 2025 Q2 Q3 Q4 Q1 02 O3 Q4 Q1 1 22 Q3 Q4
MAR.4 PROJECT MILESTONES 03-Apr-23 11-Nov-25 667 35 n1� PM-010 DBT Selection Date 03 Apr-23 ❑, 0 0 DBT Selection;Dat2,03-ApY-23; PM-0
20 Project Kickoff Meeting 04 May-23 ❑►r 0 0 Prorojet Kickoff,Meting,04�May-23j W 30 GMP To Oty 13-Nov-23* ❑ 0 0 ♦ IGMP To iOty; W PM-040 Design and Pre-construction Services Completed 13-Deo-23 ❑ 0 0 ♦ Design and Pre-oonstructlon$ervires Completed, --- -------,I W PM-050 Project Completion 11-Nov-25 ❑d 0 35 ♦ pro MONTE MAR.1 PHASE 1 DESIGN AND PRECONSTRUCTION SERVICES 04-May-23 1,Ju1-24 11 JUI-24,MONTE MART PHASE 1 DESIGN AND PRECONSTRUCTIi MONTE MAR.1.2 PRELIMINARY DESIGN 04-May-23 28-Jul-23 60 0 f 28;-Jul-23,MONTE MAIR.1.2 PRELIMINARY,DESIGN - - I-23;MONTE MAP, DOCUMENT GATHER RE
• - �• � � � � �I 07-Ju RING AND REVI EW iiiiiii PH1-010 As-Built Drawings and Utility Information Research and Requests 04-May-23 01-Jun-23 ❑, 20 0 AS Built Drawings and Utility Inf6rm9tio6 Research and Requests:

W PH1-020 Review of Available Technical Reports 02,Jun-23 08,Jun-23 ❑ 5 9 1 Review ofAvailabke Technical Reports W PH1-070 Potholing Plan for Potential Conflicts 09,Jun-23 09,Jun-23 ❑ 1 29 1 Potholing Plan for Potential Conflicts W PH1-080 Topographic Survey 09,Jun-23 07-Jul-23 ❑ 20 10 E=j Topographic Survey • , 28w1u123,1v10NTE MAl 1. .1 WRE(IMIiNAFiY DESIN F�ACI�AG Concept Design pray. S ---; --- ---
-- --- --- -- --- ------- --- -------------- , , -- fi PH1-030 Concept Design Drawings 02,Jun-23 08,Jun-23 ❑d 5 0 g iiiiiii PH1-040 Preliminary Design Submittal Workshop 09,Jun-23 09-Jun-23 ❑ 1 9 1 Preliminary Design Su:bmiftal Workshop PH1-050 Preliminary Design Memorandum[Submit] 02-Jun-23 22-Jun-23 ❑ 15 0 Preliminary Design Memorandum[Submit] PH1-060 Preliminary Design Memorandum[city Review/Accept] 23,Jun-23 29,Jun-23 ❑ 5 0 0 Prelim;nary;Deign:Merniorandujn[City kevi�w/Accept] PH1-090 Final Preliminary Design Report Submittal 30,Jun-23 14,Jul-23 ❑ 10 0 ■ Final Prelimihary,Design Report Submittal:
--,- --,- ---'---' ----------' -- -- ub ---'---; ---;---;---;--- ---------------------- ------- -- PH1-100 City Review Final Preliminary Design Report Submittal 17,Jul-23 28,Jul-23 ❑ 10 0 ■ City Review Final Preliminary Rep $ m Design ittajl r� MONTE MAR.1.3 PREPARE 60%DESIGN DRAWINGS AND TECHNICAL SPECIFICATIONS 23,Jun-23 11-Jul-24 11,JOI-24,MONTE MAR.1;.3 PREPARE 60%DESIGN DRAWINGSANI • • • ® • 1 V"mmmT 25rAug-23,;MONTE MAR.1.3.1 FIELDAND GEOTECHNICAL INVESTIGATION iiiiiii PH1-200 Geotechnical Plan and Permits 23,Jun-23 07,Jul-23 ❑ 10 20 ! Geotechriical Plari and Pelmits W PH1-210 USA Mark Out&Coordination 17,Jul-23 21,Jul-23 ❑ 5 10 i I] i USA MarkQut&CoQrdi6atio6 W PH1-220 Field Investigation Phase/Design Potholing 24,Jul-23 04Aug-23 ❑ 10 25 0 Field Investigation'Phase/Design potholing PH1-230 Preliminary Geotechnical Investigations 24,Ju1-23 04Aug-23 ❑ 10 10 ❑ Preliminary Geotechnical Investigations; iiiiiii PH1-240 Prepare and Submit Geotechnical Report 07Aug-23 25-Aug-23 ❑ 15 10 j O Preparg and S4bm� Geotechnical Report • ,r 11-JOI-24,MONTE MARC3.2 60%DESIGN SUBMITTAL PACKAGE W PH1-000 Base Mapping 10,Jul-23 14,Jul-23 ❑ 5 10 1 Base Mapping PH1S10 Prepare and Submit Storm Water Quality Management Report 17,Jul-23 28-Jul-23 10 30 0; Pre are aria SUbm er Q . I it Storm;Wat p rt p y g p ❑ p uality M anagement Fie a PH1S20 Submit 60%Construction Drawings&Technical Specs Package 31,Ju1-23 11Sep-23 ❑ 30 0 000 $ubrnit 6.0%Construction DrawvingS&technical Specs Pacl<ase PH1-340 Workshop Review of 60%Construction Drawings&Technical Specs 19Sep-23 19Sep-23 ❑ 1 4 1 Worrkshop Review of 60%CbnstrUctidn Drawings&Technital Specs PH1-330 City Review of 60%Construction Drawings&Technical Specs 12Sep-23 25Sep-23 ❑ 10 0 ■; City Review of 60%:Construction:Drawings&Technical Specs PH1-360 Prepare/Submit Permit-City of Vista Encroachment/Traffic Plan 20Sep-Sep 03-Oct-23 ❑ 10 230 Prepare/Subrr:it Permit-City of Vista Encroachment'/Traffic plan --'- ,--- -'-- ---
;
PH1 370 Submit Project Management Plan(PMP)Draft 20Sep-23 03-Oct-23 El10 230 ElSubmit Project Management Plan(PM P)Draft W PH1-390 Prepare/Submit Permit-WPCP Plan 20Sep-23 17-Oct-23 ❑ 20 220 E�3 :Prepare)Suomit permit-WPCP olan W PH1-380 60%Update Detailed Construction Cost Estimate[60%GMP] 20Sep-23 17-Oct-23 ❑ 201 41 i 09/.Update Detailed Cohstnlctioh Cost Estimate�60%GMP] W PH1S50 Environmental Permits:CEQA,401,404,Streambed Alteration-Prepare and Submit 26Sep-23 23-Oct-23 ❑ 20 35 p Enyiron,merltal Permits:CEQA,401,404„Stroambed Alteration-Prepare and Submit W PH1-460 Environmental PermitAquistion 24-Oct-23 11,Jul-24 ❑ 180 35 Environmental Permit:Aqu:istion ° �� 13-Deo-23,MONTE MAR:1.41 PREPARE 9 0 -- - -i- ING - IC ---r-- r MONTE MAR.1.4 PREPARE 90/°DESIGN DRAWINGS AND TECHNICAL SPECIFICATIONS � 26Sep-Sep 13-Deo-23 0/°DESIGN;DRAWINGSAND TECHNICAL SPECIFICATI p PH1-400 Submit 90%Construction Drawings&Technical Specs 26Sep-23 23-Oct-23 ❑ 20 0 j Sul�mit 90%Construction Drpwi6gs Technical Sped PH1-420 Workshop Review of 90%Construction Drawings&Technical Specs 31-Oct-23 31-Oct-23 ❑ 1 4 1 Workshop;ReView bf 90%Construction Drawings&Technical Specs PH1-410 City Review of 90%Construction Drawings&Technical Specs 24-Oct-23 06-Nov-23 ❑ 10 0 p 4ity Review of 90%Construction Drawings&Technical Specs PH1-470 Detailed Construction Cost Estimate(Final GMP) 24-Oct-23 13-Nov-23 ❑ 14 0 0 betailed:CoHstnaation Cost Estimate(Final:GMP) ReVew Comments to 90,/o
g o
� W PH1�30 Incorporate City Review Comments to 90%Construction Drawings&Tech Specs 07-Nov-23 21-Nov-23 El 10 0 ❑ ' Incorporate;City i Construction Drawln s&Tech Specs ecs
PH1-440 City Review Final 90%Construction Drawings&Tech Specs 22 Nov-23 29-Nov-23 ❑ 5 01 Q City Rt viey Final 90%Construction Drawings&Tech Specs W PH1-450 Submit Final Issued For Construction(IFC)Drawings and Technical Specifications 30-Nov-23 13-Deo-23 1 10 0 0 Submit FinalIlssded For Construction 0C)I Drawing's and Technical Spebifications MONTE MAR.2 PHASE 2 -CONSTRUCTION SERVI 13-Nov-24,MONTE MAR.2 PHASE 2-CONSTRUCT Actual Level of Effort Remaining Work ♦ ♦ Milestone 03-Apr-23 Page 1 of 2 Actual Work Critical Remaining Work summary

MONTE MAR STORM DRAIN IMPROVEMENTS[BASELINE SCHEDULE]
Activity ID 7��
me Start Finish Critical Original Duration Total Float 2023 2024 2025 Q2 Q3 04 Q1 Q2 I Q3 Q4 Q1 Q2 I Q3 Q4 -- .,M - 2 R -' -- TIONAQMINISTRATIOh
MONTE MAR.2.1 PRE-CONSTRUCTION ADMINISTRATION 01�lov-23 11 Elul-24 175 35 11 tilul-24;,MONTE MAR.2;1 PRE-CONSTRUG, W PH2-050 Prepare/Submit QA/QC Plan 01-Nov-23 15-Nov-23 ❑ 10 200 U :Prepare/Submit OA/QC Flan W PH2-060 Prepare/Submit Project Specific Safety Plan 01-Nov-23 15-Nov-23 ❑ 10 200 ❑ IPrepare/Submit Project Specific Safety Plan W PH2-070 Prepare/Submit Environmental Mitigation and Monitoring Plan 01-Nov-23 15-Nov-23 ❑ 10 200 p ';Prepare%Submit Envij-onrrrentpl Mitigation pnd';Monitoripg Plan:

W PH2-080 Prepare/Submit Cash Flow Reporting Plan 01-Nov-23 15-Nov-23 ❑ 10 200 ❑ ;Pre0are6Submit Cash RdW Rbporting Plari W PH2-090 Prepare/Submit Noise&Dust Abatement Plan 01-Nov-23 15-Nov-23 ❑ 10 200 ❑ ;Prepare/,Submit Noise&QustAbatement Plan', ' ___ ,_______ _
- -- --- --- --- -- -- -- --- - - - - --- W PH2-020 Scheduling and Management of Bid Package Process 01-Nov-23 30-Nov-23 ❑ 20 167 C] Scheduling and Management of Bid Package Process W PH2-030 Solicitation Phase 16-Nov-23 14-Deo-23 ❑ 20 167 O Solicitation Phase M PH2-040 Shop Drawings and Product Submittals 15-Dec23 04-Jan-24 ❑ 131 167 No Shop:Dra)Mngs and Product%bmktals M PH2-100 Construction NTP 11-Jul-24 ❑ 01 35 :♦ Construction NTR MONTE MAR.2.2 CONSTRUCTION ACTIVITIES r 12-Jul-24 13-Nov-24 �36 13-Nov-24,MONTE MAR_2.2', CONSTRUCTIONACTT
A 25»Jul-24,MONTE MAR2.2.1 MOBILIZATION
is PH2-200 Mobilize 12-Jul-24 18-Jul-24 ❑V 5 35 : I Mobilize f PH2-220 Construction Staking 19-Jul-24 22-Jul-24 ❑ 2 35 1 Cohstrulctioh Stekino f PH2-230 Layout 23,Jul-24 24,Jul-24 ❑ 2 35 I Layout; f PH2-210 Install fencing,SWPPP BMP's,Laydown Area 19,Jul-24 25,Jul-24 ❑ 5 36 �' Install fencing,5WPPP 13MP s,Laydov i Area IA
• • • . :1 � v 13-Nov-24,MONTE MAR.2.212 PHASE 2:-CONSTRl PH2-380 Construct accessway for VUSD 25,Jul-24 26,Jul-24 ❑ 2 35 I Cohstn�ct accessway foe VUSD PH2-400 Install low flow run-off diversion system 29,Jul-24 02 Aug-24 ❑, 5 35 Install:low,floW,runoff diversion',system:

PH2410 Demolish existing concrete improvements 05Aug-24 13Aug-24 ❑►r 7 35 1 Demolish existing concrete improvements' W PH2-420 RCP Delivery 14Aug-24 15Aug-24 ❑ 2 35 1 RCP Delivery PH2-421 Install dual 48"RCP Storm drain pipes,connect to existing downstream pipes 16Aug-24 29 Aug-24 ❑ 10 35 ■: Ins tall dual 48":RCO Storm drai6 pipes,pon6ect to existing dgwr W PH2-422 Install storm drain catchment and piping for trailer park community(2)and Mar Monte(1 30Aug-24 09Sep-24 ❑ 7 35 1 Ihstall storm drain:catchment end piping for trailer bark bomhiu W PH2-430 Construct wing headwall 10Sep-24 18Sep-24 ❑ 7 35 Construct wing headwall Iw PH2-435 Install Trash Capture Device 19Sep-24 27Sep-24 ❑ 7 35 ■: Install Trash Capture Device PH2-440 Backfill and Grade 30Sep-24 04-Oct-24 ❑ 5 35 1 Backfill an;d Grade ----I --Mar ;one a ;--- -----
PH2-450 Saw-cut,demo,grade-Mar Monte Rd expansion and 5'wide sidewalk 07-Oct-24 11-Od-24 5 35 ;1 aw�cut,deni�o, rad' G 9 xP ❑ .� 9 p- � t � xp and PH2-460 Pave asphalt road extension 14-Oct-24 14-Oct-24 ❑, 1 35 I Pave asphalt ro9d extension:

W PH2-470 Form and Pour new sidewalk 15-Oct-24 21-Oct-24 ❑, 5 35 Form and Ppur;new,sidewalk W PH2-480 Landscaping,DG Surface 22-Oct-24 04-Nov-24 ❑►r 10 35 M Landscaping,;DG'Surface W PH2-490 Final Fencing 05-Nov-24 06-Nov-24 ❑ 2 35 1 Final Fencing:
- - ------------ --------
W PH2-500 Demobilize 07 Nov-24 13-Nov-24 ❑ 5 35 Denjobili�e :
�J MONTE MAR.3 PHASE 3 -OPERATIONS AND STARTUP SERVICES 14-Nov-24 11-Nov-25 11� iiij PH2-010 Substantial Completion 14-Nov-24 14-Nov-24 ❑ 1 280 I Substantial completion W PH2-600 CCTV Inspection 14-Nov-24 15-Nov-24 ❑►r 2 35 1 'CCTV Inspection W PH2-620 As-Built Submittal 14-Nov-24 03-Deo-24 ❑ 14 280 Cj As-Built Submittal:
-- -- - -- --- ---
W PH2-030 Final Project Accounting 14-Nov-24 03-Deo-24 ❑ 14 280 O Final Project Accounting W PH2-040 180 Day Inspection 13-May-25 13-May-25 0 1 35 1 1801Day:lnspectibn W PH2-050 360 Day Inspection 06-Nov-25 1141JIov-25 ❑wr 4 351 1 $6( Actual Level of Effort Remaining Work ♦ ♦ Milestone 03-Apr-23 Page 2 of 2 Actual Work Critical Remaining Work summary

ATTACHMENT 2
06/13/2023 C4 56 of 181

4000

CITY OF VISTA
F 0 R N I A
.DRIDIV

CONSTRUCTION

CORPURAT/ON
7 Harris & Associates
8 &*Uurp.

TORY R . WALKER -ffji#7
E N G I N E E R I N G GeotechnicaI& Environmental Sciences Consultants Land Surveying Consultants, Inc

SURVEYING LAND PLANNING CONSTRUCTION GPS
06/13/2023 C4 57 of 181

CITY OF VISTA
C A L I F 0 R N
Jason Danks
Project Director
Orion Construction
Heidi Andrews
Construction Quality Jenelle Pollette, PE Jason Caprio, PE Frank Lopez, PE Manager& Project Manager Design Manager QA/QC Manager Scheduler Orion Construction Harris &Associates Harris &Associates Orion Construction
Fred Neal Chad Opper Victor Valdivia Emily Mastrelli Fidel Salamanca, PE Tory Walker, PE Superintendent GMP Lead Project Engineer Environmental Stormwater Stormwater Orion Construction Orion Construction Orion Construction Permitting Lead Hydrology Lead Hydrology QA Harris&Associates Harris &Associates Tory Walker Eng.

Keith Brewer, PLS
Land Surveying William Morrison,
Ninyo & Moore
Consultants
06/13/2023 C4 58 of 181

IN
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Jason Danks
Project Director
- Work Experience
Orion Construction
2003to 41 Operations Manager,Vice-President
Present
Directly manages Orion Construction's most complex projects.

Coordinates scheduling and progress meetings with project managers and superintendents to ensure each project has the Mr. Danks is Orion's •st senior personnel and resources needed. Provides constructability reviews, Construction Manager and crew analysis, and equipment analysis to Orion's estimating team Operations Officer. He participates and both in-house and outside design teams. on • •- most difficult - • Jason is the primary person in charge of construction and logistically challenging projects budgeting for Orion's emergency response program with the City of including large scale waterSan Diego, City of Escondido, City of Vista, and Helix Water District • _ pipelines which are all projects done on a progressive design-build basis. and •wastewater• stations forof Jason has performed PDB projects for these clients that include San Diego
water,waster, stormwater infrastructure,fire alarm rehabilitation, •• • Department
_•" • site civil improvements, building construction,tenant improvements, Jason • • track and summer sprint school utility upgrade projects. Operations record of delivering • - • Officer duties include crew allocations for projects, hiring of craft budget projects f• • • labor, analysis of current and future company equipment needs, Jason • the company'sand assisting the estimating department.As Orion Construction's Director • in the last ten years Safety Director. Jason ensures that all of Orion's project engineers, has _ project managers, and superintends are properly trained and • the team • national certified by the Army Corp of Engineers and OSHA. Maintains an AwardSafety Wins and 3 second ongoing internal safety program that evolves as markets change. place finishes. His experience
ensuring the right equipment, with Academic Background rightthe operators,
installtion of the right material is
•, .• reducing •• • LICENSES/REGISTRATIONS construction costs. • AGC Construction Management Certification • Hazwoper 40 Hour,2009,Safety Trainer Online
• NAVFAC Quality Management Certified
• NAVFAC 40 Hour EM385 1-1 Certified
Contact me: • OSHA 30 Construction Course
• Competent Person:Confined Space,Trench Shoring, Fall 2185 La •. Dr. Protection
Vista,CA S • Adult/Pediatric CPR
• DBIA Coursework
'' '"' Recent Projects & Accomplishments
[email protected]
• Leader of Orion Construction's award-winning Safety Committee with seven first place and three second finishes through Association of General Contractor safety competition
• Project Manager for recently completed City of San Diego Catalina Cast Iron Water and Sewer Main Replacement Design-Build project valued at$20,000,000 • Overall Construction Manager for Design-Build P1045 Water Conveyance project valued at$60,000,000. Project completed as a JV and included 100,000LF of conveyance pipeline
• Senior Construction Manager for numerous City of San Diego Design-Build water/ sewer conveyance projects totaling over$40,000,000
• Project Manager for City of San Diego's Sewer Pump Station 27 Project 06/13/2023 • Emero 4y Response Program Manager and As Neede5aco ft$&Iger

ORION
[ON3TJ4t1CT1ON
co�ro��rr��r
Jennelle Pollette , PE
Project Manager
Work Experience
2018 to Orion Construction
Present Project Manager,Quality Control
As a Project Manager, tasks include developing pre-construction submittals including CQC Plan,APP,AHA, submittal register, schedules, and budget. Verifies material and workmanship during construction to ensure full conformity to design drawing and specifications. Maintains logs Pollette, has a wide ran•. of for testing, inspections, and re-work. Manages schedule and budget for experience in the areas of Civil project including the schedule of subcontractors with both work and billing.

Applies for all construction permits and develops PO's for all material Engineering, _ • Inspection,
_ • suppliers. Coordinates all material and subcontractor submittals/RFI's for Quality • • - • Project DOR and Project Owner approval.

Engineer. proven 2016- Jacobs
record of - both a design 2018
Civil Structure Engineer
engineer, field quality • •
manager, • project man.•- Resident engineer on water treatment plant construction sites.

Pollettehas been responsible • Liaison between offsite design teams and onsite project team and planning construction activities on contractor. Reviewed and worked with design team to develop projects responses to RFI's from contractor to ensure full understanding of including managing the design multi-million-dollar project application. process, su• • • 2010- CH2M Hill
coordination, mater - procurement, 2016 Structural Engineer/Assistant Quality Control client relations, field coordination Performed structural engineering and developed design change orders), calculations/drawings for various above and underground structures. construction - • Assisted Quality Control manager with maintaining full review and control project budget. of projects including inspections, logs, and approved submittals.

Academic Background

EDUCATION
Colorado School of Mines,Golden,CO.M.S.in Civil Engineering 2185 La Mirada Colorado School of Mines,Golden,CO.B.S.in Civil Engineering Vista, CA 181 LICENSES/REGISTRATIONS
•1 • •••1 • Professional Engineer,Civil,CA(C 80942) [email protected] . NAVFAC Construction Quality Management(CQM)for Contractors NAVFAC EM-385 40 Hour-Construction Hazard Awareness
in • OSHA 30 Hour Construction Safety and Health • CPR/Basic First Aid
• AGC Project Management Certificate
Recent Projects & Accomplishments
• NAVFAC Southwest—Replace Roof Reservoir 51772, Marine Corps Base Camp Pendleton
• City of Vista—V-1 W.Vista Way Sewer Phase 1,Vista CA • NAVFAC Southwest—Replace Roof Reservoir 33710, Marine Corps Base Camp Pendleton
• NAVFAC Southwest—Replace Aeration and Clarifier Tank,San Clemente Island,CA • NAVFAC Southwest—P-1044 Advanced Water Treatment Plant and Conveyance 06/13/2023 C4 60 of 181

ORION
�aNSTRt1rTf a J11

CORPORATION
Victor Valdivia
� # Construction Project Engineer
corus;rRurr�a,v
caRrauar+a u Work Experience
2022 to 41 Orion Construction
Present Project Engineer
Assists with project pre-construction and construction activities with field personnel and subcontractors to develop preliminary scopes of Victor • _ work.Assists with client relation communications for project schedule experience in _ construction and deliverables.Develops agency permit applications with project fieldmanagement construction requirements and public outreach constraints. " •" • Collects and manages material submittals for DOR or project owner Orion's • • review and approvals. Administration and documentation of His knowledge . • expertise Construction Quality Control/Quality Assurance plans for projects.Site centers around City Planning with Safety Health Officer administration&Construction Site Construction an Urban Studiesschedule&pay application development.Documentation&reporting of degree •m UCSD. His Construction Activities
involvement • - 2018 to 40Gateway Pacific Contractors Inc. includesproject scheduling, 2022 Project Engineer subcontractor and
Assist on the administration of subcontractor scope or work,contract • • • _• • documents&change orders.Create,manage and track RFI's from the support.Vi •r is a hardworking field to the Architect/Engineer on record.Maintain and distribute project • adaptive Project Engin'' plans and records.Assist in project schedule development,preparation • analyses • executes and distribution.Verify project construction methods follow quality project decisions n an efficient control procedures per plans and specifications.Coordinate • assertive manner. His goal of communication between owner,construction team,management team whileachieving client and subcontractors.Submittal procurement,creation distribution _ satisfaction through the approval process.Assist on the resolution of conflicts among _
• • • the construction team during the course of project.Procurement of project costs - • • ensure construction and related permits in accord to applicable regulating complete project succ- Agencies.Verify internal and external shop drawings,release material for fabrication and/or supply per schedule requirements.Document project progress meetings discussions and decisions.Implement and document field safety measures.Jobsite logistics related to receiving and inspecting materials and equipment.Record and document job progress and Contact ine: schedule adherent.Reconcile and distribute project closeout material i.e. 2185 La •• Dr. Operation and Maintenance manuals,as-built drawings,warranty Vista,CA 92081 information,transfer of spare parts.Perform invoicing tasks,cost projections,material takeoffs,daily logs,change order costs,and budget (760)597-9660 analysis.

Academic Background

EDUCATION/LICENSES/REGISTRATIONS
B.A.in Urban Studies&Planning.University of California San Diego-La Jolla,CA - 2013 OSHA 30 Training
Recent Projects &Accomplishments
• Current Project Engineer for the East County Advanced Water Purification 06/13/2023 Package 2&4 projects with the East County Joint Powers f uthpri th �yQ 1

IIV
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Heidi Andrews , PE
Construction Quality Manager &
Scheduler
Work Experience
Orion Construction
2001to Project Scheduling Coordinator
Present
Analyzes scopes of work for all projects and drafts initial baseline cost-loaded schedules.Works directly with the estimating staff and project management staff to identify critical path items and potential Andrews delays to those items.Works with and integrates project owners on Orion's in-house progressive design-build projects to design a schedule that is best set • Scheduler - • Licensed to achieve Owner's goals.Permitting engineer with experience in Engineer in her home countryof obtaining Caltrans permits,Army Corp of Engineer's permits,and Canada.She is skilled in using recently private utility owner permits.Knowledge of minimum Primavera software and many other pollution,professional liability,and general liability insurance to technical operating programs. procure permits needed for construction. worksdirectly with the estimating Kiewit Pacific
department,project 1993 to Senior Project Engineer 2001
and on-site field management teams draft construction schedulesWorked as a project engineer on heavy civil and mechanical continuously updates engineering projects throughout eastern Canada.Project scopes of scheduled
_ _am meetings work included pump stations,treatment plants,mass earthwork, conveyance pipelines,and building construction.Reviewed and throughout - of - project. analyzed plans for constructability,drafted requests for information, She is • an • • '• Project prepared submittals,performed quality control over subcontract and Manager • regularly managesvendor submittals to Owner,obtained construction permitting, design-build - performed crew and equipment analysis,priced change orders,and pump - • - treatment plant drafted construction schedules.

Orion'sprojects.She is Academic Background
experienced engineer
routinelymechanical construction and
ass _ managers EDUCATION
with the mechanical portions of McGill University-Montreal,Canada,B.S.in Civil Engineering their projects.

LICENSES/REGISTRATIONS
• Professional Engineer,Ontario,Canada
Contact • NAVFAC Contractor Quality Management(CQM), 2185 , Mirada Dr. • NAVFAC EM385-1-140 Hour Safety Training . ; • OSHA 30 Construction Course
• Competent Person Training:Excavation,Confined Space,Fall Protection (760)597-9660 • Adult/Pediatric CPR&First Aid
Recent Projects &Accomplishments
• Senior Project Engineer for Design-Build P1045 Water Conveyance project valued at $6o,000,000.Project completed as aJV and included ioo,000LF of conveyance pipeline • Senior Project Engineer for the P1044 Advanced Water Treatment and Conveyance Project valued at$45 Million
• Mechanical Project Manager and Scheduling Coordinator for the Scripps Ranch Pump Station Project for the City of San Diego.

Mechanical Project Manager and Scheduling Coordinator for the NSU Storm Drain Trunk Project for San Diego Airport Authority.
• Construction Quality Control Manager and Scheduling Coordinator for the Demolish 06/13/2023 Sewage T�atment Plants 1o,n,and 12 Project for the Department tTbr

[�N5TJ4t1[T��Ar

CORPORATION
Fred Neal
Senior Project Superintendent
Work Experience
1997 to Orion Construction
Present 41General Superintendent
Formalizes the management structure of construction crews and ensures complete application of safety protocols along with project goal completion.Works closely with company Project Managers, Project Engineers, Project Quality Control Managers, Design Engineers, and Owners to have open communication and effective Mr. Neal has been with Ori• teamwork within all levels of the project to ensure complete project success.
• • • • - 1 •
Seniorserves as a Superintendent
for the company. He is routinely Academic Background chosen . lead . both difficult and
multi-phased projects • - to his LICENSES/REGISTRATIONS superior ability to manage ground
crews wXile c#mxAuAic,2tiAg t# upA,er . EM-385 1-1 40hr, NAVFAC-Construction Hazard Awareness levels of construction management. . Construction Quality Management NAVFAC . OSHA 10 Hr.Construction Safety Course
• • "• • . OSHA 30 Hr.Construction Safety Course operation t• water utilities makes . Competent Person Training: Excavation/trenching,fall protection,confined space,&fork lift him a knowledgeable - • have . AGC Construction Project Management Course 96 field.in the . First Aid and CPR
Recent Projects & Accomplishments
Current Projects:

NAVFAC Southwest P-079 Water Distribution Improvements at MCB Camp Pendleton, CA:

Construction of a new 2500 SF masonry water booster pump station with two 2490 GPM horizontal split case pumps, monorail crane and hoist, and a 200 KW generator. Modifications to an existing pump station including installation of a new 350 GPM vertical centrifugal pump. 50,000 LF of new 24"potable water transmission pipelines. Demolition of an existing pump station and water tank.

Past Projects:

NAVFAC Southwest—P1046 D/B Reclaimed Water Conveyance at Camp ContactPendleton: Design and Construction of two new masonry recycled water pump Mirada2185 La stations, each with two vertical turbine suspended in can pumps,three new bolted Vista, CA • steel reservoirs, 50,000 LF of recycled water pipelines, and 18 saltwater barrier �' injection wells.
(760)597-9660 NAVFAC Southwest—P1044 D/B Advance Water Treatment Plant and Offsite [email protected] Pipelines at Camp Pendleton: Construction of a new advanced water treatment plant including buried and above ground mechanical pipe, electrical systems, multiple new masonry buildings including a plant pump station with five vertical turbine suspended in can pumps.

NAVFAC Southwest-P1045 Potable Water Conveyance: Design and Construction of a potable water conveyance system, including construction of two new 1000 SF masonry pump stations with a total of ten vertical turbine suspended in can pumps, a 3 MG water storage tank, and 120,000 LF of potable water 06/13/2023 distributie4ipelines. 63 of 181

ORICIV

COMPGRAYIDN
Chad Opper
GMP Lead
Work Experience
2015 to Orion Construction
Present 40 Chief Estimator
Prepares a complete estimate for projects that Orion Construction submits bid documentation for. Establishes cost schedules and works directly with sub-contractors and vendors to ensure that the best possible procurements will be made for the project. Negotiates costs and •••_ is • • Construction'smaintains price maximum in mind for both Orion and project Owners.

EstimatorChief •r Heavy Civil, Defines scope and communicates directly with Project Managers to He create a fluid understanding of Design-Build necessities before ' Water implementation. Uses advanced estimation software to aid in detailed has been directly • -• in allanalyzation of plans and specifications upon release for solicitation. In facets of - •_ procurements review of project documentation, submits RFI's as applicable and the company has u •- reviews any amendments before price schedules/bid files are submitted. last 5 years within ,
Diego
County. responsible • 2008 Hazard Construction overseeing • 201, Civil Estimator all utility projects to provide Prepared estimates in Hard Dollar software for review of senior accurate ' _ 'st estimating staff and owners. Personally managed $70,000,000 of ' _ ' ' construction from January 2009 to 2015. Trained project '' transitionmanagers, project engineers and junior estimating staff for new from pre-construction estimates growth.
guaranteedbased on early conceptual plans to
the _ maximum proposal 2006 KTA Construction based on approved 2008 Wet Utility Estimator&Project Manager documents. built strong Prepared submittals and RFI's on water and wastewater infrastructure personal rel- • • of projects. Obtained permitting for projects involving Caltrans rights of way. • •n's Senior Executive Team and Prepared project budgets for task orders up to$5,000,000 in value. directhas • - •- of company Priced contract change orders. Ensured the procurement of materials, resources, cost structures, and how traffic control plans, permits, manage subcontractors, draft schedules, to apply these metrics for complete project budgets, cost reports, and balance invoices. project success. Mr. Opper ensures Academic Background that quality materials, sub-
. resources
gained to maximize overallEDUCATION/LICENSES/REGISTRATIONS efficiencies • cost control. College Courses in Project Management • Leadership Training(Military Service)
• Turbo Propulsion Aircraft Engine Course
• Proficient in Excel, Microsoft Word,and Microsoft PowerPoint Contact Contractor Claims and Change Order Training through San Diego AGC 2185 La Mirada Suretrak Scheduling Software and Primavera P6 Scheduling Training Vista, CA 92081
Recent Projects &Accomplishments
.1 • •.•1
in
06/13/2023 C4 64 of 181

Jason Caprio, PE, PMP

DESIGN MANAGER
Jason Caprio has over 17 years of experience performing engineering design,construction,and project management and administration of water,sewer and storm drain infrastructure projects.His / primary experience lies with design and construction of capital infrastructure projects for small and large cities,water districts,sanitation districts,and private water purveyors.Jason has worked with r Orion Construction as their engineer of record and design manager since 2016 and has been involved �JIIII�j��Nl in numerous design-build success stories,including one recently for the City of Vista.

EDUCATION
RELEVANT EXPERIENCE BS,Civil Engineering
• Orion Construction/City of Vista,Eucalyptus-Citrus Sewer Improvements Design-Build Project. Design Manager.The project consists of improving capacity deficient sewer mains REGISTRATION identified as priority within the City's Sewer Master Plan.The improvements include nearly Professional Civil Engineer,CA 2,500 linear feet of 8-inch, 12-inch, 15-inch,and 18-inch diameter PVC sewer mains within public right-of-way and on private properties.Harris is providing design and engineering CERTIFICATIONS services as part of the progressive design-build procurement,including coordination with Project Management Professional stakeholders,detailed preliminary design report,construction drawings,and workshops with (PMP) Orion Construction and the City.During the design process,the Harris team proposed and engineered a solution that avoided installation of a 12-inch diameter PVC sewer main beneath ASSOCIATIONS a deep,reinforced concrete culvert.This creative alternative eliminated permitting influences American Water Works Association
from the USACE,avoided future operations and maintenance nightmare,and significantly Member,AWWA reduced construction costs for that portion of sanitary sewer system improvements.

American Public Works Association
• Orion Construction/City of San Diego,Rancho Mission Canyon Emergency Storm Drain Member,APWA Project. Design Manager.The team was called in March 2020 to address an emergency American society of Civil storm drain failure,including a feared compromised sewer main,which both enter into the Engineers(ASCE) environmentally sensitive Rancho Mission Canyon.Harris quickly mobilized to provide design Project Management Institute and engineering services,including a localized hydrology study and design of the 36-inch (PMI) diameter reinforced concrete pipe(RCP) storm drain,curb inlets and catch basins,storm drain Design-Build Institute of America clean-outs,cut-off walls down the steep slope,concrete energy dissipator,and terraced rip-rap (DBIA) on an emergency basis.
• Orion Construction/City of San Diego,Park Village Storm Drain Project.Design Manager.

The project involved a sinkhole from a storm drain failure of a 48-inch corrugated aluminum pipe(CAP).As part of the design-build team with Orion Construction,Harris was called for field investigation and consultation with the City and Orion.The configuration of the storm drain system was composed of a 102-inch CAP running north-south connecting two natural channels under Park Village Road.The 102-inch diameter cured-in-place pipe(CIPP)solution and installation was the second largest in the State of California and garnered the City much recognition and well-deserved praise.
• County of Monterey,Palo Colorado Road Culvert and Slope Repair Environmental Compliance,Permitting,Mitigation Plan, and Monitoring. QA/QC Reviewer. • City of National City,Paradise Valley Creek Water Quality and Community Enhancement Project. Project Manager.
• Orion Construction/City of San Diego,Antioch Place Emergency Storm Drain Project.

Design Manager.
• Orion Construction/City of San Diego, Campanile Way Storm Drain Repair/Replacement.

Design Manager.

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Frank Lopez, PE, QSD

QUALITY ASSURANCE/QUALITY CONTROL MANAGER
Frank has over 19 years of experience in project management and design.He has provided oversight of project budgets and schedules for a variety of municipal infrastructure projects throughout the State of California.Frank has a deep and personal understanding associated with the complexity of delivering public projects,which has resulted in a collaborative approach to deliver sustainable solutions.He has a wide breadth of experience related to municipal infrastructure,including storm water permitting,preparation of storm water control plans/reports following state and local requirements,drainage design related to federal,regional,and local flood control requirements,low EDUCATION impact development planning and design,and master planning of drainage facilities for inclusion BS,Civil Engineering in Capital Improvement Programs.Through his broad experience,he has developed program management skills to support various projects,while his participation in local and regional technical REGISTRATION advisory groups has allowed him to establish valuable relationships with local and state government Professional Civil Engineer,CA
agencies.

RELEVANT EXPERIENCE CERTIFICATIONS
Qualified SWPPP Dev/Practitioner
• County of Monterey,River Road Emergency Project. Project Manager and Engineer of Record. (QSD/QSP) The Harris team restored the culvert crossing located at River Road and Fairview Road in Soledad.The team had to act quickly to avoid further erosion of the terrain and potential loss AFFILIATIONS of the road.Project scope elements included replacement of a drainage conveyance structure American Public Works Association
similar to the existing 48"CMP culvert,replacement of the upstream and downstream Member,APWA slopes that convey the existing channel,including significant grading to support this work.

These improvements included drainage facilities to capture and convey roadway runoff and incorporation of field survey data that was initially provided by the County Surveyor.

Frank was responsible for overseeing the project design,including the collaboration of our environmental team,County partners,and various agency/community stakeholders. • Orion Construction/City of San Diego,Rancho Mission Canyon Emergency Storm Drain Project. Project Director.The Orion/Harris Design-Build Team was called in March 2020 to address an emergency storm drain failure,including a feared compromised sewer main, which both enter into the environmentally sensitive Rancho Mission Canyon.The corrugated metal pipe storm drain ultimately experienced shear failure in several locations,which led to worsening erosion of the adjacent embankment terrains,canyon,and creek.Harris quickly mobilized to provide design and engineering services,including a localized hydrology study and design of the 36-inch diameter reinforced concrete pipe(RCP) storm drain,curb inlets and catch basins,storm drain clean-outs,cut-off walls down the steep slope,concrete energy dissipator,and terraced rip-rap on an emergency basis.
• Orion Construction/City of San Diego,Antioch Place Emergency Storm Drain Project.

Project Director.Harris was retained in April 2021 to address an emergency storm drain failure which caused a sinkhole between two homes on the 4600 block of Antioch Place in the College Area of San Diego.The project was a result of a failed 18-inch diameter CMP that conveyed stormwater from the surrounding neighborhood through the cul-de-sac and down a more than 30%grade into the backyard properties below.The CMP storm drain ultimately experienced sheer failure,which led to erosion and feared undermining of adjacent residential homes.Harris quickly mobilized to provide design and engineering services,including a localized hydrology study and design of the 18-inch diameter reinforced concrete pipe(RCP) storm drain,curb inlets and catch basins,storm drain clean-outs,concrete energy dissipator, and terraced riprap.

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Fidel Salamanca, PE

STORM WATER HYDROLOGY LEAD
Fidel has experience analyzing urban storm water systems,open channels,environmental hydraulics, pumps,reservoirs,and large watersheds.Fidel has been involved in water quality related projects and has assisted trash capture feasibility studies for Bay Area cities.He has also conducted several third- party reviews to confirm NPDES compliance.He has valuable experience designing pump stations for sanitary sewer and storm water applications,open channels,culverts,and storm water networks.

RELEVANT EXPERIENCE EDUCATION
• City of Seaside and City of Sand City,Feasibility Study for West Bay Avenue Trash Capture, BS,Civil Engineering Project Engineer. Fidel led efforts on the Harris team to review existing site plans,utilities, and sensitive habitat areas to identify potential locations for trash capture devices that could REGISTRATION provide a dual benefit to Monterey One through a storm water diversion into the adjacent Professional Civil Engineer,CA treatment plant and for storm water treatment for the Cities of Seaside and Sand City.The project includes providing a detailed cost estimate for the location options,in addition to AFFILIATIONS providing different treatment device options and construction considerations for the varying American Society of Civil alternatives.Utilities requiring relocation were identified and available locations for the storm Engineers water diversion pump station and force main were also included. Our team's feasibility study Floodplain Management is currently being used to guide Monterey One,the City of Seaside,and the City of Sand City Association in this collaborative effort to provide a dual benefit regional project to clean local storm water ASCE Young Member Forum before reaching the ocean and to provide more recycled water for local residents. • City of Orinda, Storm Drain Master Plan. Project Engineer.The Harris team worked in partnership with the Client to develop a City-Wide storm drain hydraulic model using local county methodologies and available City storm drain maps.The study analyzed a 10-year and 100-year return period for looking at the storm drain piping and larger culvert capacities as part of the study.All CMP pipes 36-inches and larger were assessed by NAASCO certified engineers to develop a condition rating.Fidel developed a Capital Improvement Program with ranked projects for the recommended improvements based on hydraulic deficiencies and field data collection.Additional engineering services were delivered to verify impacts did not adversely impact the City's storm drain network.
• City of Richmond, Carlson Boulevard Trash Capture Design-Build. Project Engineer.As a part of this project,the team developed a hydraulic model to analyze impacts from a proposed new trash capture device to treat water draining from the City of Richmond and Caltrans ROW.The device is located within a concrete-lined open channel,and is directly downstream of the City of Richmond storm drain piped network.Hydraulic impacts were analyzed using HEC-RAS hydraulic modeling software for the open channel portions,and EPA SWMM for the pipe network. Fidel was responsible for the development of the hydraulic models,preparation of the hydraulics impact memorandum,and development of the project construction plans.

Additional work included developing a hydraulic impacts analysis,preparing a Caltrans Encroachment Permit for work within a Caltrans Drainage Easement,relocating an existing Caltrans Fence Line,and developing Construction Document for the installation of a new trash capture device that treats water from the 1-yr, 1-hr storm event and bypasses flows over the 1yr-1hr flow,such that there are no anticipated additional flooding impacts on the upstream drainage system for up to the 10-year design storm event.Through our team's clear and constant communication with the client and stakeholders,we were able to navigate the necessary permitting processes with ease.

Harris&Associates,Inc.
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Emily Mastrelli
ENVIRONMENTAL PERMITTING LEAD ► +
Emily is a wildlife biologist with fifteen seasons of field experience and expertise in environmental compliance.She has served as lead biologist on many projects for surveys and for construction monitoring,including leading teams for large,linear projects.As a senior wildlife biologist,Emily has had many years of experience with threatened and endangered species including California least tern,vernal pool branchiopods,California gnatcatcher,southwestern willow flycatcher,least Bell's vireo,western snowy plover,and Quino checkerspot butterfly.She holds a USFWS Section 10(a)(1)(A) TE permit to survey for and band California gnatcatchers;survey for vernal pool branchiopods;and EDUCATION to survey for Quino checkerspot butterfly.She has experience in monitoring California gnatcatcher BA,Biology nests.Emily also holds a CA SCP that includes Los Angeles Pocket Mouse trapping authorization.

Emily is a specialist in resource agency permitting and coordination with resource agency staff. CERTIFICATIONS BBL Master Federal Bird Banding
RELEVANT EXPERIENCE Permit,USGS
• Orion Construction/City of Oceanside, Oceanside Mesa Garrison Force Main,El Corazon Endangered Species Recovery Lift Station,Mission Avenue Lift Station Force Main Replacement, and Land Outfall Permit 10(a)1(A),USFW Replacement. Lead Biologist for Orion/Harris.Harris is providing environmental compliance Scientific Collecting Permit(SCP), review and monitoring.Emily has provided a review of biological constraints analysis, CDFW provided further analysis,provided environmental compliance expertise,and construction monitoring of in areas of sensitive resources during potholing. • Orion Construction/City of Vista,Eucalyptus-Citrus Sewer Improvements Design-Build Project. Lead Biologist.The Eucalyptus-Citrus Sewer Improvements are intended to enhance the City's infrastructure,eliminate hydraulic insufficiencies,increase capacities,and extend the service life of the sanitary sewer collection system. Specifically,the project consolidates two upcoming and important CIP projects and also includes sewer improvements on the campus of Vista Magnet Middle School.Harris serves as the engineering/design partner to Orion Construction,who serves as the contractor.Emily is providing environmental compliance expertise,and management of staff conducting construction monitoring. • City of San Diego/HomeFed, Otay Pipeline 2 Segment A6 Replacement Project,MMRP Implementation Phase. Principal/Lead Biologist&Project Manager.This project proposed to replace a 40-inch water pipe with a 54-inch diameter pipe.Emily is providing project management of MMRP implementation phase for all requirements,including biological, cultural,paleontological,and habitat restoration. She also served as lead biologist,overseeing a team of biological monitors to provide environmental compliance for the project.She coordinated with staff,oversaw scheduling,provided general and focused surveys,kept track of timelines for MMRP requirements,coordinated with and managing subconsultants,and communicated/coordinated with City of Chula Vista Development Services Department for client to make certain all MMRP requirements are met.
• County of Monterey,Lake San Antonio Water System Repair Project. Biologist/ Environmental Lead/Permitting Specialist.Emily led the effort to prepare the environmental documentation(Categorical Exemption)and obtain resource agency permits(USACE 404, RWQCB 4013 CDFW1602)for the project.The project included repairing the floating pump station,including removing a diesel pump,replacing it with a submergible pump,and adding a new diesel generator,replacing the current intake pipe with a new intake pipe in an area that is not eroding or along aquatic resources(drainages),removing the pump at the bottom of the intake line,removing old intake lines,connecting new intake lines to existing pump hours,and conducting upgrade activities to prepare the pump,and upgrading the current well tank.

Harris&Associates,Inc.
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TORY ■ WALKER, ■ r
ILI PRINCIPAL
1' k
F Tory Walker, Principal engineer at Tory R. Walker Engineering, is a

EDUCATION
J widely recognized expert, with over 36 years' experience in surface I water management, providing services to both public and private B.S.Civil Engineering, entities.Mr.Walker has conducted thousands of hydrologic studies, University of California,Irvine including preparation of regional drainage master plans and hydrologic model calibrations. B.A., Engineering-Physics, He has analyzed and designed numerous hydraulic structures, including stream Westmont College,Santa stabilization structures, embankments, channels, culverts, and detention, retention, and Barbara,California debris basins.

Mr. Walker's participation in the development of the Orange County, San Bernardino County and San Diego County Hydrology Manuals,the San Diego County Drainage Design Manual,and the San Diego County Hydromodification Management Plan gives him a thorough understanding of regulatory requirements in Southern California. He has conducted numerous floodplain studies for natural and urban stream systems,which have included sediment transport analysis, bridge scour analysis,floodway encroachment and unsteady flow analysis.Additionally,he has studied and designed many types and sizes of storm water quality facilities for nearly 30 years and prepared numerous storm water quality management plans. He has been called to expert witness, involvement in litigation support,including case work,depositions,and court testimony.

SOUTH SANTA FE STREETSCAPE PROJECT-VISTA,CA
Mr.Walker managed all aspects of this important revitalization project in the South Santa Fe Corridor of Vista,which was also selected as the APWA 2021 Project of the Year in the Sustainable/Green category.The South Santa Fe Streetscape Project (also known as the Paseo Santa Fe Corridor) is an ongoing redevelopment of the South Santa Fe urban corridor. Extensive streetscape upgrades are underway with enhanced pedestrian-friendly designs, street furniture, trees, traffic calming, and decorative pavers. TRWE provided hydrologic,hydraulic,and stormwater design,and assisted the design team and City staff with water quality designs,reports,and state grant backup. Extensive trunk and lateral storm drain designs, retrofit drainage designs for existing facilities, and stormwater provisions were all provided for the design team and the City. Extensive coordination with other consultants and City staff was required in the effort,due to multiple utility and existing roadway constraints and design issues. 23 C4 69 of 181

William R . Morrison, PE, GE
Principal Engineer
Mr.Morrison has experience in a variety of commercial,public works and infrastructure, education, health care, telecommunications, and military sector projects throughout California, Arizona and Nevada. He is knowledgeable and experienced in analysis and design of both soil and rock slopes; stability buttress design, deep and shallow foundation design, pavement structural section design; seismicity analysis including ' ground motion analysis, liquefaction, seismic settlement and lateral spreading evaluation and mitigation; and consolidation evaluations. His responsibilities include project management,mentoring and directing staff and project engineers,supervising and conducting subsurface investigations,reviewing laboratory test results,monitoring and analysis of slope inclinometer data and authoring geotechnical reports. Mr.

Morrison has also been retained as a Subject Matter Expert by the California Board for Professional Engineers, Land Surveyors and Geologists during the development, grading,and standard setting of the 1999-2022 Geotechnical Engineering registration EDUCATION examinations.

M.S., Geological Engineering, 1990, EXPERIENCE
University of Nevada Reno
City of San Diego, Bevner Court Storm Drain Emergency Repair, San Diego, B.S.,Geology, 1985, Illinois State California: Senior Engineer for a geotechnical evaluation and observation services University during the emergency repair of a storm drain. The project consisted of the emergency repair of a sinkhole that developed adjacent to a portion of 30-inch diameter storm REGISTRATIONS drain. The repair consisted of removing loose soil and debris from the sinkhole and placement of a 2-sack sand-cement slurry as backfill within the sinkhole until finish GE 2468(California) grades were reached. Services included review of background data; performance PE 52618(California) of a geologic reconnaissance at the site to observe the conditions in the vicinity PE 29013(Arizona) of the sinkhole; performance of subsurface exploration that consisted of drilling, logging, and sampling of exploratory borings to evaluate the subsurface conditions; PE 19274(Nevada) provision of geotechnical recommendations for the repair of the sinkhole;observation of excavation and repair operations at the sinkhole; and preparation of a report presenting a summary of our observations prior to and during repair,our geotechnical PROFESSIONAL AFFILIATIONS recommendations, and our conclusions relating to the repair of the sinkhole.

American Society of Civil Engineers City of San Diego, Revelstoke Way Emergency Repairs, San Diego, California:

Project Manager during the performance of a geotechnical evaluation for the emergency repairs that involved reconstruction of the washed out portions of the slope and replacement of the storm drain pipe. The existing storm drain pipe was removed and replaced with a new pipeline system. Additionally, the washed out portions of the slope was reconstructed approximately to the pre-existing grades using a blend of on-site soils and imported fill soils. The purpose of our evaluation was to provide recommendations regarding the reconstruction of the storm drain pipe and the eroded slope that resulted from the storm drain failure. Services included review of background information; obtaining the as-built project grading plan and pre-construction soils reports; performance of a geologic reconnaissance of the project site; performance of a subsurface exploration; performance of geotechnical laboratory testing on representative soil samples; compilation and analysis of the data obtained from our background review, subsurface exploration, and laboratory testing;and preparation of a report presenting our geotechnical findings,conclusions, and recommendations regarding the reconstruction of the storm drain pipe and affected slope areas.

Williab6 frr{f2 PE.GE,Principal Engineer � Ninyo&Moore I Geotechnicyl�&environmental Sciences Consultants 70 of 181 1

William R . Morrison
Principal Engineer
City of San Diego, Hector Avenue Slope Erosion, San Diego, California: Project Manager for geotechnical services during the emergency repair of a slope along the west side of 9109 Hector Avenue in San Diego, California. The subject portion of the slope is roughly 110 feet in height and descends to the southwest from 9109 Hector Avenue at inclinations of approximately 1.5:1 (horizontal to vertical).This portion of the slope experienced a washout as a result of failure of a storm drain pipe that collected run off at Hector Avenue and conveyed it down the slope.Observations of the washed out area of the slope indicate that the storm drain pipe consisted of 24-inch corrugated metal pipe (CMP) that had corroded since its installation. Following episodes of precipitation in late 2016, concerns were raised that the washed out areas of the slope had progressed to the point where they could impact adjacent structures at 9109 and 9113 Hector Avenue. Services consisted of evaluation and emergency repair of the subject portion of the slope, along with the placement and backfill of a new 18-inch reinforced concrete pipe(RCP)to serve as a replacement of the failed pipe.

City of San Diego,Park Village Drive Emergency Sinkhole Repairs,San Diego,California:Senior Engineer during geotechnical services associated with the emergency evaluation and repair of a portion of Park Village Drive near the intersection with Darkwood Road in San Diego, California.The project consisted of evaluating the subsurface conditions of Park Village Drive in the vicinity of a recent sinkhole with the objective to locate other areas of potential voids beneath the asphalt roadway. The sinkhole had occurred above a corroded portion of 48-inch diameter,corrugated aluminum storm drain pipe which had failed during heavy rainfall at the site.

The evaluation was performed using geophysical and subsurface exploration methods. Services included a site reconnaissance to observe site conditions;attendance at meeting and coordination with City personnel;review of City utility maps,plans,and photographs; performance of ground penetrating radar surveys in the east bound and west bound lanes of Park Village Drive;and preparation of an illustrated report with our conclusions and recommendations for the project.Services also included geotechnical observation and field density testing services during the replacement of the failed section of the storm drain, placement and compaction of the pipeline's backfill,and placement and compaction of hot mix asphalt to restore the pavement at the repaired area.

Rancho Mission Canyon Emergency Repairs, San Diego, California: Senior Engineer during an evaluation and construction observation services for the repair of a slope washout at the western terminus of Cabaret Street in San Diego, California.The slope descends roughly 50 feet from Cabaret Street down to a natural canyon. The erosional feature formed due to the deterioration of an existing storm drain pipe that was placed during the original construction of the top-of-slope development.The failure manifested itself as a deeply incised rill within the slope that threatened the street and top-of-slope properties. Assisted in the development of an appropriate repair design for the eroded slope and provided geotechnical observation and testing during the repair of the slope.

County of San Diego,Sweetwater Lane Trash Capture Project,Spring Valley,California:Senior Engineer during a geotechnical evaluation for the Sweetwater Lane Trash Capture project located in Spring Valley, California.The project included the construction of an approximately 210-final foot, 36-inch diameter low-flow storm drain diversion structure with a debris separating baffle box and downstream cleanout. The proposed structures are anticipated to be approximately 10 feet below finished grade. Services background review;a subsurface exploration consisting of excavating,logging,and sampling of two exploratory borings;geotechnical laboratory testing on representative soil samples;geotechnical analysis of the data obtained;and preparation of report presenting our findings,conclusions,and recommendations regarding the geotechnical design and construction of the project.

Padre Dam Municipal Water District, Inverted Sewer Siphon &Sludge Main Improvements, Santee, California: Principal Engineer during a geotechnical evaluation for the Padre Dam Municipal Water District's proposed Inverted Sewer Siphon and Sludge Main Improvements Project located in Santee,California.The proposed pipeline alignment is located crossing underneath the San Diego River and Forester Creek between Carlton Oaks Drive and Mission Gorge Road. The pipeline conveys flow between the PDMWD Ray Stoyer Water Recycling Facility to the City of San Diego sewer collection system.This project includes the replacement of approximately 2,600 lineal feet of the existing sludge main. The pipeline consists of 16-inch diameter ductile iron pipe, 14-and 16-inch diameter asbestos cement pipe, 14-and 16-inch diameter ductile iron pipe,and 24-inch diameter vitrified clay pipe. Possible construction methods for the new pipeline were conventional, open trench techniques, and/or trenchless technologies, such as pipe bursting, horizontal directional drilling, or cured in place pipe (CIPP) lining in order to cross below the San Diego River. Services included background review; a subsurface exploration consisting of the drilling, sampling, and logging of six small-diameter borings to depths up to approximately 61'/2 feet; geotechnical laboratory testing; data compilation and engineering analysis; and preparation of a report presenting our findings, conclusions, and recommendations regarding the geotechnical aspects of the design and construction of the project.

Willia66 frr{f2 PE.GE,Principal Engineer I Ninyo&Moore I Geotechnicyl�&environmental Sciences Consultants 71 of 181 2

Land Surveying Consultants, Inc
SURVEYING LAND PLANNING CONSTRUCTION GPS

3.0 KEY PERSONNEL

DALE KEITH BREWER, LS
President/Owner
Dale "Keith" Brewer co-founded Land Surveying Consultants, Inc. in 1992. With over 30 years in the land surveying industry, Keith has extensive experience in a wide variety of surveying projects throughout the Southern California area. Keith provides the company with the expertise and knowledge necessary to perform any surveying project requested, and serves in responsible charge of all land surveying activities.

Keith Brewer is also currently in his seventh year as the Land Surveyor of Record for the City of San Marcos. His role consists of plan checking and signing parcel maps, subdivision maps, certificates of correction, and acting as the survey consultant regarding right of way issues on behalf of the City of San Marcos.

Keith Brewer began his career at the City of San Marcos, as the Assistant Civil Engineer. After seven years with the City of San Marcos, he then spent five years with R.B. Hill &Associates as project manager. Keith then went to work for Luttio Engineering, Inc., and spent two years as project manager, overseeing all field survey crews. After two years with Luttio Engineering, Keith partnered with Nolan Jex, and founded Land Surveying Consultants in 1992.

Mr. Brewer attended Palomar College and received his Surveying Certificate in 1984. Keith passed the Land Surveyor's exam and received his Land Surveyors license from the State of California in 1987, license number LS 5653. He has also been a member of the California Land Surveyors Association since 1989, and the International Right of Way Association since 2007.

Michael Ellis
Chief of Surveys/Project Manager
After having spent over 12 years with Brian Polley Land Surveying, Inc., Michael Ellis came to work for Land Surveying Consultants, Inc. in October of 2013. Michael has over 25 years of land surveying experience in nearly every facet of land surveying, engineering, and construction, and has acted as party chief on many large-scale public works and residential development projects. Michael has extensive experience in construction staking, field topographic surveys, boundary surveys, GPS Surveys, monumentation, as-built surveys, certifications, and monitoring. Michael has extensive experience in the preparation of subdivision and parcel maps, record of survey maps, corner record plats, boundary adjustment and topographic maps.

Michael recently completed the boundary analysis and preparation of two subdivision maps that are being processed with the County of San Diego in Rancho Cielo.

Michael is currently working as the lead party chief for many of our current projects and has been successful in exceeding the expectations and timelines of our clients. 06/13/2023 C4 72 of 181

Chris Greaves
Survey Drafter/Mapping Technician
After having spent over 20 years working on a wide variety of surveying and engineering AutoCAD drafting projects, Chris Greaves came to work for Land Surveying Consultants, Inc. in 2019. His experience includes survey support, preparation of topographic surveys, preparation of legal descriptions, survey plats, exhibits, records of survey, tract maps, parcel maps, and corner records.

Chris has extensive experience in records research and retracing/plotting of utility easements.

Chris recently completed the preparation of numerous development exhibits retracing and plotting all of the existing record easements over the Inglewood Oil fields in Inglewood, CA. This oil field is over 800 acres with numerous owners with easements dating back to the early 1900's.

Chris is currently preparing four large subdivision maps in the City of Ontario and one in the City of La Mirada.
318 State Place Escondido,CA 92029
(760)738-8804 Fax(760)738-8820
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ATTACHMENT 3
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qg) 0R101V Lic.#A549309 Phase I - Design and Pre-Construction Rev 4-13-23 Ca /V 5T RUCT 117A/
C70HPORAT ION
DESCRIPTION QUANTITY LABOR MATERIAL EQUIPMENT SUB. CONTRACT TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL Design Analysis and Preliminary Design 5,040.00 55,310.00 $ 60,350.00 Hydrology and Hydraulics Report - 38,560.00 $ 38,560.00 Design Surveying 20,000.00 $ 20,000.00 Geotechnical Investigation - - 29,100.00 $ 29,100.00 Potholing/Utility Locating 16,288.00 10,793.04 - $ 27,081.04 Final Prelimimary Design Report 2,520.00 - 33,130.00 $ 35,650.00 60%Design/Workshop 2,520.00 25,630.00 $ 28,150.00 90%Design/Workshop 2,520.00 38,160.00 $ 40,680.00 Constructability Reviews/Cost Estimates 21,720.00 - $ 21,720.00 Planning/Scheduling 20,380.00 1,040.00 $ 21,420.00 Permit Applications 4,560.00 69,630.00 $ 74,190.00 Final Design Documents - 10,620.00 $ 10,620.00 General Conditions 36,160.00 - - $ 36,160.00 TOTAL DIRECT COST 111,708.00 - 10,793.04 321,180.00 $ 443,681.04 Cost of Work Multiplier(Fee)l 15.48% $ 68,681.82 Subtotal $ 512,362.86
Owner Controlled Design Contingencyl 5% $ 25,618.14 TOTAL $ 537,981.01
Cost of Work Multiplier Includes:

Home Office Overhead 7.48%
Profit 7%
Additional Insurance 1%
06/13/2023 C4 75 of 181

DESCRIPTION QUANTITY LABOR MATERIAL EQUIPMENT SUB. CONTRACT TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL
Design Analysis and Preliminary Design Workshop
Harris and Associates: $
Project Management and Administration $ QA/QC Manager 2 HR 275.00 550.00 $ 550.00 DesignManager 8 HR 260.00 2,080.00 $ 2,080.00 Project Engineer 4 HR 180.00 720.00 $ 720.00 Technical Support 4 HR 145.00 580.00 $ 580.00 $
As-Built Drawings and Utility Information Research $ - Design Manager 2 HR 260.00 520.00 $ 520.00 Project Engineer 4 HR 180.00 720.00 $ 720.00 Design Engineer 24 HR 160.00 3,840.00 $ 3,840.00 $
Data Gathering and Review of Project Information $ - Senior Engineer 4 HR 220.00 880.00 $ 880.00 Project Engineer 8 HR 180.00 1,440.00 $ 1,440.00 Design Engineer 24 HR 160.00 3,840.00 $ 3,840.00 Workshop and Presentation - $ - Design Manager 8 HR 260.00 2,080.00 $ 2,080.00 Senior Engineer 8 HR 220.00 1,760.00 $ 1,760.00 CEQA Lead 4 HR 275.00 1,100.00 $ 1,100.00 Principal Biologist 4 HR 185.00 740.00 $ 740.00 $
Base Mapping $ -
Senior Engineer 4 HR 220.00 880.00 $ 880.00 Project Engineer 8 HR 180.00 1,440.00 $ 1,440.00 Design Engineer 32 HR 160.00 5,120.00 $ 5,120.00 Concept Drawings(Schematic) - $ - Design Manager 2 HR 260.00 520.00 $ 520.00 Senior Engineer 4 HR 220.00 880.00 $ 880.00 Project Engineer 8 HR 180.00 1,440.00 $ 1,440.00 Design Engineer 40 HR 160.00 6,400.00 $ 6,400.00 Field Review - $ -
Design Manager 6 HR 260.00 1,560.00 $ 1,560.00 Project Engineer 6 HR 180.00 1,080.00 $ 1,080.00 Design Engineer 6 HR 160.00 960.00 $ 960.00 Basis of Design Memorandum - $ - QA/QC Manager 4 HR 275.00 1,100.00 $ 1,100.00 Design Manager 16 HR 260.00 4,160.00 $ 4,160.00 Senior Engineer 8 HR 220.00 1,760.00 $ 1,760.00 Project Engineer 12 HR 180.00 2,160.00 $ 2,160.00 Design Engineer 8 HR 160.00 1,280.00 $ 1,280.00 Technical Support 16 HR 145.00 2,320.00 $ 2,320.00 $
Potholing Plan for Potential Conflicts $ - Senior Engineer 2 HR 220.00 440.00 $ 440.00 Design Engineer 6 HR 160.00 960.00 $ 960.00 $
Orion Construction Corporation $ - Project Director 4 HR 250.00 1,000.00 $ 1,000.00 Project Manager 16 HR 190.00 3,040.00 $ 3,040.00 Project Engineer 8 HR 125.00 1,000.00 $ 1,000.00 $
$
SHEET TOTALS 5,040.00 - 55,310.00 $ 60,350.00 06/13/2023 C4 76 of 181

DESCRIPTION QUANTITY LABOR MATERIAL EQUIPMENT SUB. CONTRACT TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL
Hydrology and Hydraulics Report
Harris and Associates $
Calculations(Hydrologic and Hydraulic Analysis) $ Design Manager 4 HR 260.00 1,040.00 $ 1,040.00 Senior Engineer 40 HR 220.00 8,800.00 $ 8,800.00 Project Engineer 16 HR 180.00 2,880.00 $ 2,880.00 Design Engineer 8 HR 160.00 1,280.00 $ 1,280.00 Coordination with Hydraulic Modeling Partner - $ - Design Manager 8 HR 260.00 2,080.00 $ 2,080.00 $
Tory R.Walker Engineering $ - QA/QC of Hydrology/Hydraulics Report 20 HR 5,400.00 $ 5,400.00 Consultaion on Trash Capture Device 4 HR 1,080.00 $ 1,080.00 Prepare PDP SWQMP&2 Rounds of Revie 60 HR 16,000.00 $ 16,000.00 SHEET TOTALS - - 38,560.00 $ 38,560.00 06/13/2023 C4 77 of 181

DESCRIPTION QUANTITY LABOR MATERIAL EQUIPMENT SUB. CONTRACT TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL
Design Surveying
Land Surveying Consultants $
per Attached Proposal: $
Base Mapping 1 LS 2,500.00 2,500.00 $ 2,500.00 Horizontal and Vertical Control 1 LS 3,000.00 3,000.00 $ 3,000.00 Design Survey 1 LS 7,500.00 7,500.00 $ 7,500.00 Monument Preservation 1 LS 7,000.00 7,000.00 $ 7,000.00 $
$
$
$
$
$
SHEET TOTALS - - 20,000.00 $ 20,000.00 06/13/2023 C4 78 of 181

DESCRIPTION QUANTITY LABOR MATERIAL EQUIPMENT SUB. CONTRACT TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL
Geotechnical Investigation
Ninyo and Moore 1 LS 29,100.00 29,100.00 $ 29,100.00 $
SHEET TOTALS - - 29,100.00 $ 29,100.00 06/13/2023 C4 79 of 181

DESCRIPTION QUANTITY LABOR MATERIAL EQUIPMENT SUB. CONTRACT TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL
Potholing/Utility Locating
$
Potholing/Utility Locating $
Pothole Crew-3 Days $
Foreman. 24 HR 120.00 2,880.00 $ 2,880.00 Operator(2). 48 HR 116.00 5,568.00 $ 5,568.00 Laborers(3). 72 HR 90.00 6,480.00 $ 6,480.00 Pickup Truck. 24 HR - 38.20 916.80 $ 916.80 Crew Truck. 24 HR 49.31 1,183.44 $ 1,183.44 Vacuum Excavator. 24 HR 243.43 5,842.32 $ 5,842.32 Skid Steer. 24 HR - 42.33 1,015.92 $ 1,015.92 Truck Driver 16 HR 85.00 1,360.00 - $ 1,360.00 Transport Truck and Trailer 16 HR - 114.66 1,834.56 $ 1,834.56 $
$
SHEET TOTALS 16,288.00 10,793.04 - $ 27,081.04 06/13/2023 C4 80 of 181

DESCRIPTION QUANTITY LABOR MATERIAL EQUIPMENT SUB. CONTRACT TOTAL Final Preliminary Design Report
Harris and Associates: $
Project Management and Administration $ QA/QC Manager 2 HR 275.00 550.00 $ 550.00 Design Manager 16 HR 260.00 4,160.00 $ 4,160.00 Project Engineer 4 HR 180.00 720.00 $ 720.00 Preliminary Design Report - $ - QA/QC Manager 4 HR 275.00 1,100.00 $ 1,100.00 Design Manager 16 HR 260.00 4,160.00 $ 4,160.00 Senior Engineer 8 HR 220.00 1,760.00 $ 1,760.00 Project Engineer 12 HR 180.00 2,160.00 $ 2,160.00 Design Engineer 16 HR 160.00 2,560.00 $ 2,560.00 Technical Support 8 HR 145.00 1,160.00 $ 1,160.00 Topographic Survey Review and Coordination - $ - Design Manager 2 HR 260.00 520.00 $ 520.00 Senior Engineer 4 HR 220.00 880.00 $ 880.00 Project Engineer 2 HR 180.00 360.00 $ 360.00 $
Base Mapping $ -
Design Manager 2 HR 260.00 520.00 $ 520.00 Senior Engineer 4 HR - 220.00 880.00 $ 880.00 Project Engineer 16 HR 180.00 2,880.00 $ 2,880.00 Design Engineer 24 HR 160.00 3,840.00 $ 3,840.00 Field Review $ -
Design Manager 6 HR 260.00 1,560.00 $ 1,560.00 Senior Engineer 6 HR 220.00 1,320.00 $ 1,320.00 Project Engineer 6 HR 180.00 1,080.00 $ 1,080.00 Design Engineer 6 HR 160.00 960.00 $ 960.00 Orion Constuction Corporation - $ - Project Director 2 HR 250.00 500.00 $ 500.00 Project Manager 8 HR 190.00 1,520.00 $ 1,520.00 Project Engineer 4 HR 125.00 500.00 $ 500.00 SHEET TOTALSI 1 2,520.00 1 33,130.00 1 $ 35,650.00 06/13/2023 C4 81 of 181

DESCRIPTION QUANTITY LABOR MATERIAL EQUIPMENT SUB. CONTRACT TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL
60%Design/Workshop $
Harris and Associates: $
Construction Drawings(60%Milestone)- $ QA/QC Manager 4 HR 275.00 1,100.00 $ 1,100.00 Design Manager 4 HR - 260.00 1,040.00 $ 1,040.00 Senior Engineer 16 HR 220.00 3,520.00 $ 3,520.00 Project Engineer 24 HR 180.00 4,320.00 $ 4,320.00 Design Engineer 60 HR 160.00 9,600.00 $ 9,600.00 Technical Specifications(60%Milestone)- - $ - Design Manager 4 HR 260.00 1,040.00 $ 1,040.00 Technical Support 2 HR 145.00 290.00 $ 290.00 Workshop with City of Vista- - $ - Design Manager 6 HR 260.00 1,560.00 $ 1,560.00 Senior Engineer 6 HR 220.00 1,320.00 $ 1,320.00 CEQA Lead 4 HR 275.00 1,100.00 $ 1,100.00 Principal Biologist 4 HR 185.00 740.00 $ 740.00 $
Orion Construction Corporation $ - Project Director 2 HR 250.00 500.00 $ 500.00 Project Manager 8 HR 190.00 1,520.00 $ 1,520.00 Project Engineer- 4 HR 125.00 500.00 $ 500.00 $
$
$
$
SHEET TOTALS 2,520.00 - 25,630.00 $ 28,150.00 06/13/2023 C4 82 of 181

DESCRIPTION QUANTITY LABOR MATERIAL EQUIPMENT SUB. CONTRACT TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL
90%Design/Workshop $
Harris and Associates: $
Construction Drawings(90%Milestone)- $ QA/QC Manager 4 HR 275.00 1,100.00 $ 1,100.00 Design Manager 4 HR - 260.00 1,040.00 $ 1,040.00 Senior Engineer 16 HR 220.00 3,520.00 $ 3,520.00 Project Engineer 24 HR 180.00 4,320.00 $ 4,320.00 Design Engineer 48 HR 160.00 7,680.00 $ 7,680.00 Technical Specifications(90%Milestone)- - $ - QA/QC Manager 8 HR 275.00 2,200.00 $ 2,200.00 Design Manager 32 HR 260.00 8,320.00 $ 8,320.00 Senior Engineer 16 HR 220.00 3,520.00 $ 3,520.00 Technical Support 12 HR 145.00 1,740.00 $ 1,740.00 Workshop with City of Vista- - $ - Design Manager 6 HR 260.00 1,560.00 $ 1,560.00 Senior Engineer 6 HR 220.00 1,320.00 $ 1,320.00 CEQA Lead 4 HR 275.00 1,100.00 $ 1,100.00 Principal Biologist 4 HR 185.00 740.00 $ 740.00 Orion Construction Corporation $ - Project Director 2 HR 250.00 500.00 $ 500.00 Project Manager 8 HR 190.00 1,520.00 $ 1,520.00 Project Engineer- 4 HR 125.00 500.00 $ 500.00 $
$
$
2,520.00 - 38,160.00 $ 40,680.00
06/13/2023 C4 83 of 181

DESCRIPTION QUANTITY LABOR MATERIAL EQUIPMENT SUB. CONTRACT TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL
Constructability Reviews/Cost Estimates
Constructability Reviews
Reviews by Orion Personnel: $
Preliminary Design- $
Project Manager 8 HR 190.00 1,520.00 $ 1,520.00 Superintendent 8 HR 135.00 1,080.00 $ 1,080.00 60%Design- - $ -
Project Manager 8 HR 190.00 1,520.00 $ 1,520.00 Superintendent 8 HR 135.00 1,080.00 $ 1,080.00 90%Design- - $ -
Project Manager 4 HR 190.00 760.00 $ 760.00 Superintendent 4 HR 135.00 540.00 $ 540.00 $
Cost Estimates
Estimate Setup/Quantity Takeoffs - $ - Project Estimator 24 HR 140.00 3,360.00 $ 3,360.00 Project Manager 8 HR 190.00 1,520.00 $ 1,520.00 Monthly Cost Model Updates - $ - Project Estimator(8 mo x 2 hr) 16 HR 140.00 2,240.00 $ 2,240.00 $
Subcontractor Bidding $ - Project Estimator 40 HR 140.00 5,600.00 $ 5,600.00 Project Engineer 20 HR 125.00 2,500.00 $ 2,500.00 21,720.00 - - - $ 21,720.00
DESCRIPTION QUANTITY 11 LABOR MATERIAL EQUIPMENT SUB. CONTRACT TOTAL 11 06/13/2023 C4 84 of 181

U.P. I TOTAL U.P. TOTAL II U.P. TOTAL 11 U.P. I TOTAL IL Planning/Scheduling
Prepare Project Plans-Project Engineer - $ Project Management Plan(PMP) 24 HR 125.00 3,000.00 $ 3,000.00 Project Safety Plan 4 HR 125.00 500.00 $ 500.00 Air Pollution Control Plan 4 HR 125.00 500.00 $ 500.00 Noise Abatement Plan 4 HR 125.00 500.00 $ 500.00 Hazardous Materials Management Plan 4 HR 125.00 500.00 $ 500.00 QAIQC Plan 8 HR 125.00 1,000.00 $ 1,000.00 Project Manager-Review Plans 16 HR 190.00 3,040.00 $ 3,040.00 Prepare Baseline Schedule: - $ - Project Director 4 HR 250.00 1,000.00 $ 1,000.00 Project Manager 8 HR 190.00 1,520.00 $ 1,520.00 Project Scheduler 16 HR 140.00 2,240.00 $ 2,240.00 Harris Design Manager 4 HR - 260.00 1,040.00 $ 1,040.00 Monthly Schedule Updates: $
8 Updates - $ -
Project Manager(14 ea x 1 HR) 14 HR 190.00 2,660.00 $ 2,660.00 Project Scheduler(14 ea x 2 HR) 28 HR 140.00 3,920.00 $ 3,920.00 20,380.00 - 1,040.00 $ 21,420.00
06/13/2023 C4 85 of 181

DESCRIPTION QUANTITY LABOR MATERIAL EQUIPMENT SUB. CONTRACT TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL
Permit Applications $
Harris and Associates $
Approvals and Permits: (Regulatory, Environmental,CEQA) $ Design QAIQC Manager 2 HR 275.00 550.00 $ 550.00 Design Manager 8 HR 260.00 2,080.00 $ 2,080.00 CEQA Lead 40 HR 275.00 11,000.00 $ 11,000.00 Principal Biologist 240 HR 185.00 44,400.00 $ 44,400.00 Technical Suipport 80 HR 145.00 11,600.00 $ 11,600.00 Permit Fees paid by City per RFP 0 LS $ Process Permit Applications - $ - Project Manager 24 HR 190.00 4,560.00 $ 4,560.00 SHEET TOTALS1 4,560.00 - 69,630.00 $ 74,190.00 06/13/2023 C4 86 of 181

DESCRIPTION QUANTITY LABOR MATERIAL EQUIPMENT SUB. CONTRACT TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL
Final Design Documents
Harris and Associates: $
Engineering Plans and Details- $
Design Manager 8 HR 260.00 2,080.00 $ 2,080.00 Senior Engineer 8 HR 220.00 1,760.00 $ 1,760.00 Project Engineer 8 HR 180.00 1,440.00 $ 1,440.00 Design Engineer 16 HR 160.00 2,560.00 $ 2,560.00 Technical Specifications- - $ - Design Manager 4 HR 260.00 1,040.00 $ 1,040.00 Technical Support 12 HR 145.00 1,740.00 $ 1,740.00 $
SHEET TOTALS - - 10,620.00 $ 10,620.00 06/13/2023 C4 87 of 181

DESCRIPTION QUANTITY LABOR MATERIAL EQUIPMENT SUB. CONTRACT TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL U.P. TOTAL
General Conditions
Project Kickoff- - $
Project Director 10 HR 190.00 1,900.00 $ 1,900.00 Project Manager 40 HR 190.00 7,600.00 $ 7,600.00 Project Engineer 20 HR 125.00 2,500.00 $ 2,500.00 Bi-Weekly Meetings-32 weeks - $ - Project Director(8 ea x 2 hr) 16 HR 250.00 4,000.00 $ 4,000.00 Project Manager(16 ea x 4 hr) 64 HR 190.00 12,160.00 $ 12,160.00 Project Enginner(16 ea x 4 hr) 64 HR 125.00 8,000.00 $ 8,000.00 $
$
$
$
$
SHEET TOTALS 1 36,160.00 1 $ 36,160.00 06/13/2023 C4 88 of 181

ORLic_ Ia
`- CONH7' ML/ CT / ON

CORPORAT / ON
DB Monte Mar Storm Drain Improvements
Orion Construction Corporation Equipment Rates
Equipment Hourly Rate
20 KW Generator $18.03
Arrow Board $4.95
185 CFM Air Compressor $25.46
Skidsteer Asphalt Planer $30.71
Skidsteer Sweeper Attachment $21.76
Loader Sweeper Attachment $33.73
Walk Behind Asphalt Saw - MECO 48 blade wear charged separately) $24.78 Walk Behind Asphalt Saw - Hus varna FS 7700 blade wear charged separately) $32.15 Asphalt Zipper-AZ 480B $95.53
John Deere 21 OLE Skip Loader 4A $48.40
Caterpillar D4K2 Dozer $58.88
Ditch Witch JT 20 Directional Drill (w/mud mixer and trailer) $161.07 Caterpillar 350 L $231.36
Caterpillar 345 CL $220.13
Caterpillar 330DL $218.27
Caterpillar 328D CR $159.97
Caterpillar 320 CLU Long Stick $119.34
Caterpillar 321 LCR $128.40
Caterpillar 314 LCR $69.95
Hitachi ZX 290LC $151.49
Volvo EC 330 C CL $218.27
Caterpillar 336 E $211.24
Volvo EC 235 DL $147.34
Komatsu PC 138 $69.00
Doosan DX-190 $86.63
Volvo EC 750 EL $363.69
Caterpillar TH 460b 10k Reach forklift $71.65 Generator- Doosan G25 25 kw $18.11
Generator- Doosan G125 100 kw $66.91
Generator- Doosan G75 75 kw $32.91
Caterpillar 938 K Loader $118.38
Caterpillar 938 G Loader $114.24
Caterpillar 950 G Loader $134.90
Volvo L110 G Loader $140.83
Caterpillar 914 K Loader $61.30
Volvo L20H Loader $57.26
2185 La Mirada Drive, Vista Ca. 92081, (760) 597-9660 Phone (760) 597-9661 Fax 06/13/2023 C4 89 of 181

OR_ Ia
`- CONm7' mL/ CT / ON

CORPORAT / ON
Light Tower $9.78
Asphalt Tack Pot + cost of seal/tack $8.40
actor Truck $243.43
Caterpillar 305 CR $49.38
Caterpillar 304 CR $36.36
Caterpillar 302.5 $34.59
Caterpillar 301 $31.74
Caterpillar 416 C Backhoe $55.17
Ingersoll Rand 5 ton Smooth Drum Roller $48.98 Caterpillar 5 ton Smooth Drum Roller $48.98 Wacker RD 11 Walk Behind Smooth Drum Roller $20.12 Electronic Lighted Message Board $12.04
Volvo MC110 Skidsteer $42.33
Volvo MC 135 Skidsteer $42.33
Caterpillar 287 Tracked Skidsteer $42.33
Caterpillar 259 D Tracked Skidsteer $42.33
Caterpillar 289 D Tracked Skidsteer $42.33
Caterpillar 299 Tracked Skidsteer $44.64
Caterpillar 246 C Skidsteer $42.33
Ingersoll Rand Walk Behind Pad foot Roller $18.32 Wacker Double Drum Walk Behind Compactor $17.93 500 gal Water Buffalo Trailer $19.25
2000 gal Water Truck $57.21
2 Axle Bobtail Dump Truck $66.11
3 Axle 10 Wheel Dump Truck $84.40
Super 10 Dump Truck $93.62
Booster Axle Dump Truck $93.62
Semi Tractor $84.40
Heavy Haul Tractor $93.62
End Dump Trailer $7.90
Side Dump Trailer $13.73
Low Bed/Boy Trailer (equipment moves $22.09 Flat Deck Trailer $11.36
F150 Pick up truck $38.20
F250/F350 Crew Truck $49.31
Cone/Traffic Truck $49.31
Utility Trailer $6.87
PM/PE Vehicle $33.90
2 ton Stakebed Truck $52.02
1000 lb Hydraulic Breaker excavator/backhoe/skidsteer mounted $49.98 2185 La Mirada Drive, Vista Ca. 92081, (760) 597-9660 Phone (760) 597-9661 Fax 06/13/2023 C4 90 of 181

17"1171W
(0) Lic.#A549309

CONSTRUCT / ON
CORPOR .4T/ON
7000 lb Hydraulic Breaker excavator mounted $111.09 8800 lb Hydraulic Breaker excavator mounted $133.30 6" trailer mounted diesel dry rime pump $38.39 as powered trash pump $7.40
3" gas powered trash pump $6.63
2" gas powered trash pump $4.13
2" electric submersible pump $4.13
1-1/2" electric submersible pump $4.13
Barricades— Daily Rate $0.52
Cones (per 100 — Daily Rate $25.20
Traffic Signs— Daily Rate $3.01
*Equipment rates are derived from the Cal Trans Equipment Rental Rates Publication. All rates are hourly except traffic control devices are daily rates as noted. 2185 La Mirada Drive, Vista Ca. 92081, (760) 597-9660 Phone (760) 597-9661 Fax 06/13/2023 C4 91 of 181

17*Vl"
Lie.#A549309
CONN7- RUCTION
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Monte Mar Storm Drain Improvements
Orion Construction Corporation Personnel Rates
Personnel Title/Classification Firm Hourly Rate Project Director Orion $250
Project Manager Orion $190
Project Superintendent Orion $135
Scheduling Coordinator Orion $140
Project Estimator Orion $140
Project Engineer Orion $125
Project Administration Orion $75
Project Accounting Orion $75
Foreman Orion $120
Operating Engineer Orion $116
i ela er/Laborer Group 4 Orion $90
Laborer Group 1 Orion $87
Jagger Orion $87
Truck Driver Orion $85
Principal-in-Charge Harris &Associates $295
QA/QC Manager Harris &Associates $275
Design Manager,Project Manager Harris &Associates $260 Senior Engineers Harris &Associates $220 Project Engineers Harris &Associates $180 Design Engineers Harris &Associates $160
CEQA Lead Harris &Associates $275
Principal Biologist Harris &Associates $185 Environmental Analyst Harris &Associates $160 GIS Specialist Harris &Associates $155
Technical Editors Harris &Associates $145 Principal Engineer/Geologist/Scientist Ninyo &Moore $195 Senior Engineer/Geologist/Scientist Ninyo &Moore $190 Senior Project Engineer/Geologist/Scientist Ninyo &Moore $185 Project Engineer/Geologist/Scientist Ninyo &Moore $175 Senior Staff Engineer/Geologist/Scientist Ninyo &Moore $150 Senior Technician Ninyo &Moore $125
Technician Ninyo &Moore $120
Special Inspector Ninyo &Moore $120
Information Specialist Ninyo &Moore $85
Data Processor Ninyo &Moore $75
Principal Surveyor(PLS) Land Surveying Consultants $160 Project Manager Land Surveying Consultants $150 Survey Technician Land Surveying Consultants $135 2185 La Mirada Drive, Vista Ca. 92081, (760) 597-9660 Phone (760) 597-9661 Fax 06/13/2023 C4 92 of 181

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Lie.#A549309

CONSTRUCTION
CORPORAT ■ ON
Clerical Land Surveying Consultants $65 One-Person Survey Crew Land Surveying Consultants $200 Two-Person Survey Crew Land Surveying Consultants $300 Three-Person Survey Crew Land Surveying Consultants $375 Travel Time(Two-Person Survey Crew) Land Surveying Consultants $150 Principal Engineer Tory R. Walker Engineering $270 Senior Project Manager Tory R. Walker Engineering $240 Project Manager Tory R. Walker Engineering $230 Senior Engineer Tory R. Walker Engineering $210 Associate Engineer Tory R. Walker Engineering $180 CADD/GIS Tory R. Walker Engineering $150 Engineer 11 Tory R. Walker Engineering $150 Engineer I Tory R. Walker Engineering $140 ngineering Technician Tory R. Walker Engineering $125 [Administrative Tory R. Walker Engineering $110 2185 La Mirada Drive, Vista Ca. 92081, (760) 597-9660 Phone (760) 597-9661 Fax 06/13/2023 C4 93 of 181

Fee for Engineering and Environmental Services: Monte Mar Storm Drain Improvements Project Totals
QA/QC Design Senior Engineer Project Engineer Design Engineer CEQA Lead Principal Technical Manager Manager Biologist Support
$275 $260 $220 $180 $160 $275 $185 $145
Task 5.1.1 Design and Pre-Construction Services Phase 1

5.1.1.1. Design Analysis and Preliminary Design Workshop Project Management and Administration 2 8 4 4 $ 3,930 As-Built Drawings and Utility Information Research and Requests 2 4 24 $ 5,080 Data Gathering and Review of Project Information 4 8 24 $ 6,160 Workshop and Presentation 8 8 4 4 $ 5,680 Base Mapping 4 8 32 $ 7,440
Concept Drawings(Schematic) 2 4 8 40 $ 9,240 Calulcations(Hydrologic and Hydraulic Analysis) 4 40 16 8 $ 14,000 Field Review 6 6 6 $ 3,600
Basis of Design Memorandum 4 16 8 12 8 16 $ 12,780 Potholing Plan for Potential Conflicts 2 6 $ 1,400 Coordination with Hydraulic Modeling Partner 8 $ 2,080

5.1.1.2. Final Preliminary Design Report
Project Management and Administration 2 16 4 $ 5,430 Preliminary Design Report 4 16 8 12 16 8 $ 12,900 Topographic Survey Review and Coordination 2 2 4 $ 1,680 Base Mapping 2 4 16 24 $ 8,120
Field Review 6 6 6 6 $ 4,920
Construction Drawings(607.Milestone) 4 4 16 24 60 $ 19,580 Technical Specifications(Table of Contents) 4 2 $ 11330 Workshop with City of Vista Team 6 6 4 4 $ 4,720 Construction Drawings(907.Milestone) 4 4 16 24 48 $ 17,660 Technical Specifications(90%Milestone) 8 32 16 12 $ 15,780 Workshop with City of Vista Team 6 6 4 4 $ 4,720 Approvals and Permits(Regulatory,Environmental,CEQA) 2 8 40 240 80 $ 69,630

5.1.1.3. Contract Documents

5.1.1.3.a. Engineering Plans and Details 8 8 8 16 $ 7,840

5.1.1.3.b. Technical Specifications 4 12 $ 2,780

5.1.1.4. Sequence and Schedules 4 $ 1,040

5.1.1.5. Project Management Plan $

5.1.1.6. Milestone Deliverable Workshops $

5.1.1.7. Engineer's Opinion of Probable Construction Costs(EOPCC) $

5.1.1.11. Permit Requirements,Support,and Applications $ Subtotal Hours= 30 176 158 164 318 52 252 134 1,284 Subtotal($)- $8,250 $45,760 $34,760 $29,520 $50,880 $14,300 $46,620 $19,430 $249,520 Task 5.1.2. Construction Services Phase 2

5.1.2.5 Weekly Team Meetings 26 $ 6,760

5.1.2.8. Shop Drawings and Submittals 16 80 $ 21,760

5.1.2.9. Administration of the Project 24 $ 6,240 Subtotal Hours= 0 66 80 0 0 0 0 0 146 Subtotal($)_ $0 $17,160 $17,600 $0 $0 $0 $0 $0 $34,760 Task 5.1.3. Operations/Start-Up Services Phase 3

5.1.3.3. As-Built Construction Drawings 4 8 24 $ 6,320 Subtotal Hours= 0 4 0 8 24 0 0 0 36 Subtotal($)_ $0 $1,040 $0 $1,440 $3,840 $0 $0 $0 $6,320 Total Hours by Classification= 30 246 238 172 342 52 252 134 $ 1,466 Total($)by Classification= $8,250 $63,960 $52,360 $30,960 $54,720 $1:4300 $46,620 $19,430 $ 290,600 Percentage of Time(Hams)/Fee= 2% 17% 16% 12% 23% 4% 17% 9% 06/13/2023 C4 94 of 181

35+
IV&So /�o o r e
YEARS
Geotechnical&Environmental Sciences Consultants
March 7, 2023
Proposal No. 02-02975
Mr. Jason Caprio
Harris &Associates
600 B Street, Suite 200
San Diego, California 92101
Subject: Geotechnical Evaluation, Observation, and Testing Monte Mar Road Storm Drain Improvements
Monte Mar Road, Vista, California
Dear Mr. Caprio:

In accordance with your request, we are pleased to submit this proposal to perform a geotechnical evaluation and provide geotechnical observation and testing for the proposed Monte Mar Road Storm Drain Improvements Project located on Monte Mar Road in Vista, California. Based on our review of the provided Request for Proposals (RFP), the project consists of the removal of approximately 360 lineal feet(LF)of open concrete channel to be replaced with two reinforced concrete pipes as a part of the local storm drain system. The purpose of our services will be first to provide an evaluation of the existing subsurface materials, and to provide geotechnical recommendations as they pertain to the proposed construction. Subsequent to the geotechnical evaluation, it is anticipated that our services will include geotechnical observation and testing during the proposed construction.

SCOPE OF SERVICES—GEOTECHNICAL EVALUATION
We propose the following scope of services for the reconnaissance level portion of the preliminary geotechnical evaluation of the subject building:
• Reviewing readily available background information including available geotechnical reports, as-built documents, topographic maps, geologic maps, and aerial photographs of the site. • Obtaining Encroachment and/or Right-of-Way Permits from the City of Vista. • Performing a geologic reconnaissance, marking out the boring locations, and coordinating with Underground Service Alert(USA)for clearance of the existing underground utilities at the test locations. • Providing traffic control during field activities. 5710 Ruffin Road I San Diego, California 92123 1 p. 858.576.1000 1 www.ninvoandmoore.com 06/13/2023 C4 95 of 181

• Performing a subsurface exploration consisting of the drilling, logging, and sampling of three small-diameter exploratory borings to approximately 20 feet (or refusal) using a truck-mounted drill rig within the roadway along Monte Mar Road near the existing open concrete channel. In place and bulk samples of the encountered soils will be collected and transported to our in-house geotechnical laboratory for testing. Borings will be backfilled with soil cuttings upon completion. • Performing geotechnical laboratory testing on representative samples to evaluate soil characteristics and parameters for design purposes. Our testing is anticipated to include an evaluation of in-situ moisture content and dry density,gradation analysis,expansion index,shear strength,soil corrosivity, and R-value.Additional laboratory tests may be performed if appropriate. • Compiling and performing an engineering analysis of the data obtained. • Preparing a geotechnical evaluation report providing conclusions and recommendations regarding the geotechnical aspects of the project site as they pertain to the construction of the proposed improvements.

SCOPE OF SERVICES — GEOTECHNICAL OBSERVATION AND TESTING We propose to provide geotechnical observation and materials testing services during construction.

Our scope of services is anticipated to include the following:
• Attending preconstruction and site meetings, as requested. • Performing field observation and in-place density testing during subgrade preparation, trench backfill operations, and placement of aggregate base material. • Performing laboratory testing of the soil and hot mix asphalt used during the earthwork operations.

The tests to be performed are anticipated to include an evaluation of the Proctor density and optimum moisture content, Hveem stability and unit weight, and asphalt extraction (percent asphalt including gradation of aggregate). Tests in addition to these may be performed if requested. • Providing engineering consultation and project management, including distribution of field reports and test reports.
• Preparing final report documentation for geotechnical observation and testing, if requested.

ADD ALTERNATE — UTILITY MARKOUT REMOVAL AND ASPHALT PATCHING Based on the proposed locations of borings within a public street (Monte Mar Road), we propose the following Add Alternate Scope of Services in the event that the City requires additional measures for surface completion following pour subsurface exploration.Add Alternate Scope of Services will include:
• The utility markouts associated with our exploratory borings will be removed using power washing equipment or covered with tack coat or other roadway painting materials following the completion of field activities in accordance with City of Vista requirements. The utility markout removal is anticipated to take one day.

Ninyo&Moore i Monte Mar Road,Vista, California 1 02-02975 1 March 7, 2023 2 06/13/2023 C4 96 of 181

• The existing asphalt concrete pavement at boring locations within public streets will be repaired by repaving a 10-foot by 10-foot area around each boring location with hot mix asphalt in accordance with City of Vista requirements. No striping of repaved areas will be performed. The hot mix asphalt patching is anticipated to take one working day.

ASSUMPTIONS
We have made the following assumptions in the preparation of this proposal:
• The project is subject to prevailing wage requirements under determination year SD-23-63-3-2022-1 D.

Upon awarding of the project, the client will provide in writing the DIR Project ID for the purposes of electronic certified payroll reporting (eCPR)and labor compliance. • Field operations can be performed during normal working hours (Monday through Friday, 7:00 am to 3:30 pm) in accordance with City of Vista Right-of-Way Permit requirements. The site is drive-up accessible for a standard, truck-mounted drill rig.
• Encroachment and/or Right-of-Way Permits required to be obtained from the City of Vista will be provided at no cost by the City of Vista. If permit fees are required, additional fees will apply. • If additional permits, not outlined in the scope of services, are required, their acquisition will be charged on a time and materials (T&M) basis.
• Excess soil cuttings generated from our borings can be thin-spread in unpaved areas adjacent to the street area. If cuttings are required to be drummed and disposed of off-site, additional storage, environmental testing and disposal fees will be charged. • Borings are anticipated to be within and/or adjacent to public streets. Borings located in paved areas will be patched at the surface with black dyed concrete, Perma-Patch, orAquaphalt. If hot mix asphalt paving is required to patch boring areas, additional fees will apply(see add alternate item).

FEES
Our fees for the services described above will be invoiced on a time-and-materials basis in accordance with our attached schedule of fees. A summary of our estimated fees to perform the geotechnical evaluation are presented in the following table.

Geotechnical Evaluation $19,900
Geotechnical Observation and Testing 9,200 Total $29,100
If the add alternate item of removing utility markouts and repaving the boring locations with hot mix asphalt is required by the City of Vista, the fees associated with these services are estimated to be $13,480 and will be in addition to the fees for our basic scope-of-services presented above.

Ninyo&Moore I Monte Mar Road,Vista, California 1 02-02975 1 March 7, 2023 3 06/13/2023 C4 97 of 181

The above fees are based on our understanding of the project, and the scope of services and assumptions presented herein. Our estimated costs are based on our assumptions of the anticipated services and do not include stand-by time or costs associated with retesting or reinspecting materials that were found not to be in compliance with the project plans and/or specifications. Our services will depend on the construction schedule and the contractor's operations. It should be noted that the performance of the contractor can substantially affect the duration of our services. Our fees do not include time to review drawings, preparation of construction specifications, meetings and/or other activities that are not presented detailed herein. Additional services, if requested, will be performed on a time-and-materials or lump sum basis, as appropriate.

SCHEDULE
Ninyo & Moore is prepared to begin our services upon receipt of your authorization to proceed. Our reconnaissance level work and initial subsurface exploration is anticipated to take 1 to 2 days to perform.

Our letter report can be issued approximately three weeks after completion of the field work activities.

If this proposal meets with your approval, please send us your contract documents for signature authorizing us to proceed. We appreciate the opportunity to submit this proposal and look forward to working with you on the project.

Respectfully submitted,

NINYO & MOORE
osio/�$No I
William R. Morrison, PE, GE Kenneth H. Mansir, Jr., PE, G Principal Engineer Principal Engineer
CTF/WRM/KHM/mp
Ninyo&Moore i Monte Mar Road,Vista, California 1 02-02975 1 March 7, 2023 4 06/13/2023 C4 98 of 181

Land Surveying Consultants, Inc
SURVEYING LAND PLANNING CONSTRUCTION GPS
March 7, 2023
Draft
Monte Mar Storm Drain Improvements Protect (CIP No. 8905) Topographic Survey Scope of Work
Land Surveying Consultants, Inc. shall perform all surveys necessary for the Project, base- mapping of design drawings, and the design of the Monte Mar Storm Drain Improvements Project (CIP No. 8905).

Base Mapping:

Land Surveying Consultants, Inc. shall perform research, obtain record maps, and collect pertinent data from the City of Vista and County of San Diego. Includes plotting existing record easements within the project limits. Record centerline and right-of-way shall be compiled and included in the base mapping files. Field survey will recover and survey sufficient centerline monuments to orient record data. Additional control points shall be set as needed for the topographic survey. This proposal includes any Title Company fees for necessary documents, including but not limited to the cost of any updated (within the last six months) Preliminary Title Reports.

Base Mapping: $2,500.00
Horizontal and Vertical Control:

Land Surveying Consultants, Inc. will perform a horizontal control survey utilizing the City of Vista Horizontal Network tied to NAD 83. The horizontal basis of this survey will be Record of Survey No. 14023. The Vertical basis will be the City of Vista Vertical Control Network. Existing record and non-record survey monuments will be collected along the roadway centerline and rights-of-way. This data will be used to establish the centerline and rights-of-way of Monte Mar Road.

Horizontal and Vertical Control Survey: $3,000.00
Design Survey:
✓ The design-level detail survey will be developed at 1" =40' scale beginning at approximately station 3+75 and extending to station 8+50 as shown on the existing Monte Mar Road Improvement plan Drawing No. 1807. The detailed survey will extend southerly to the existing lip of gutter and northerly to the existing screen wall. Survey will include the following items:
o Sanitary sewer manholes, including:
• Rim elevations.
• Invert elevations.
• Identification of diameters and pipe materials.
318 State Place Escondido,CA 92029
06/13/2023 (760)73t4O4 Fax(760)738-8820 99 of 181

o Storm drain manholes and grates, including:
• Rim elevations.
• Invert elevations.
• Identification of diameters and pipe materials.
o Sufficient spot elevations and break lines to accurately develop contours at a

1.0' interval with cross sections surveyed at 25' intervals. o Curbs, gutters, curb ramps, and sidewalks.
o Paving types.
o Roadway crown elevations and striping.
o Buildings, fences, walls, and gates.
o Driveways and walkways.
o Trees.
o Above ground evidence of utilities.
o Light poles, power poles, and signage.
o Provide pothole information. (Pothole excavations to be performed by Orion Construction)
o Supplemental survey data as needed. Estimate of one field day is included.

Design Survey $7,500.00
Monument Preservation:

Additionally, the existing roadway centerlines and rights-of-way will be mapped within the project boundaries based upon recovered survey monumentation and recorded document information. The final survey drawing will be delivered in AutoCAD version (latest version) that will include an interactive surface model and specific survey point layers. All survey work will be done so under the direct supervision of a Professional Surveyor licensed in the State of California. Survey monument perpetuation shall also be included along with the preparation of Preconstruction Corner Records and the replacement of lost or destroyed survey monuments.

Centerline Alignment and Monument Preservation: $7,000.00 TOTAL COST: $13,000.00
318 State Place Escondido,CA 92029
(760)738-8804 Fax(760)738-8820
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TORY R . WALKER

ENGINEERING

PROFESSIONAL SERVICES AGREEMENT
Date of Agreement: April 11,2023
Client: ROB WILSON
Orion Construction Corporation
Consultant: Tory R. Walker Engineering, Inc.
122 Civic Center Drive, Suite 206
Vista, CA 92084
Job#: 1 12-02
Project name: Monte Mar Storm Drain Improvements
Retainer: N/A
This Agreement is subject to the attached Provisions of Agreement,and the provisions of Exhibit A and Exhibit B attached hereto and made a part hereof.

The Scope of Services and Fees offered in this Agreement are valid if Client approval is received within 45 days of the Date of Agreement. If no response is received within this time frame, a new Agreement must be issued by contacting TRWE.

IN WITNESS WHEREOF, the Client and the Consultant have duly executed this Agreement as of the day and year noted below.

CONSULTANT(TRWE) APPROVAL: CLIENT APPROVAL:

Sign re Signature
Tory R. Walker/ President
Name/Title Name/Title (Please Print)
04/11/2023
Date Date

WATERSHED,FLOODPLAIN&STORMWATER MANAGEMENT I RIVER RESTORATION I FLOOD FACILITIES DESIGN I SEDIMENT&EROSION 122 CIVIC CENTER DRIVE,SUITE 206,VISTA, CA 92084 1 (760) 414-9212 1 TRWENGINEERING.COM 06/13/2023 C4 101 of 181

Professional Services Agreement
41 Monte Mar Storm Drain Improvements

EXHIBIT A
Monte Mar Storm Drain Improvements

SCOPE OF SERVICES
TASK TASK DESCRIPTION TOTAL TOTAL
HOURS
1 Consultation on Trash Capture Device 20 $ 5,400 2 QA/QC of Hydrology and Hydraulics Report 4 $ 1,080 3 Prepare PDP SWAMP&2 Rounds of Review 60 $ 16,000 ESTIMATED TOTAL 84 $ 22,480
FEES
Based on our attached fee schedule (Exhibit B), the above scope of services will be billed as time and materials and will not exceed $22,480.

EXCLUSIONS
Necessary and reasonable assumptions have been made in order to prepare this proposal. Any additional work that is requested beyond the tasks of this proposal or that arise from mistaken assumptions and/or anticipations (as outlined herein) would be mutually agreed upon prior to performance of such tasks and will be billed as time and materials at our current hourly rates.

Any revisions beyond the first will be billed as time and materials based on our fee schedule and would not be within the above stated not-to-exceed amount.

With my signature, I affirm that I have read and understand the above exclusions.

Signature Printed Name

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- Professional Services Agreement
Monte Mar Storm Drain Improvements

EXHIBIT B

HOURLY FEE SCHEDULE
Effective 07/01/2022
PRINCIPAL $270
SENIOR PROJECT MANAGER $240
PROJECT MANAGER $230
SENIOR ENGINEER $210
ASSOCIATE ENGINEER $180
CADD/GIS* $150
ENGINEER II $150
ENGINEER 1 $140
ENGINEERING TECHNICIAN $125
ADMINISTRATIVE $1 10

COMPUTER-AIDED DESIGN & DRAFTING/GEOGRAPHIC INFORMATION SYSTEMS

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CITY OF VISTA
C A L I i, ) R N I A

DESIGN/BUILD SERVICES

REQUEST FOR PROPOSALS (RFP)
FOR
MONTE MAR STORM DRAIN IMPROVEMENTS PROJECT (CIP 8905)
Engineering Department
Submittal Deadline: Thursday, March 9 , 2023, at 2:00 PM 06/13/2023 C4 104 of 181

Design / Build RFP
Monte Mar Storm Drain Improvements Project (CIP No. 8905) Table of Contents

1.0 INTRODUCTION...............................................................................................................................1

2.0 RESPONSE DUE DATE...................................................................................................................1

3.0 PROJECT DESCRIPTION................................................................................................................1

4.0 GENERAL OBLIGATIONS OF DB ...................................................................................................2

5.0 SCOPE OF WORK ...........................................................................................................................6

5.1.1 DESIGN AND PRE-CONSTRUCTION SERVICES— PHASE I .......................................................6

5.1.2 CONSTRUCTION SERVICES — PHASE 11.......................................................................................9

5.1.3 OPERATIONS/STARTUP SERVICES— PHASE III.......................................................................12

6.0 INSURANCE REQUIREMENTS.....................................................................................................13

7.0 INSPECTION ..................................................................................................................................13

8.0 CHANGE IN GMP AND CONTRACT TIME....................................................................................13

9.0 PROJECT COMPLETION...............................................................................................................13

10.0 WARRANTIES AND GUARANTEES..............................................................................................14

11.0 MAINTENANCE OF RECORDS AND ACCOUNTING...................................................................14

12.0 OWNERSHIP OF DOCUMENTS....................................................................................................14

13.0 RESPONSE REQUIREMENTS......................................................................................................14

13.1 Format, Due Date, Quantities: ....................................................................................................14

13.2 General Response Requirements:..............................................................................................14

13.3 Contents:.....................................................................................................................................15

13.3.1 General Information....................................................................................................................15

13.3.2 Experience and Technical Competence ...................................................................................16

13.3.3 Proposed Method to Accomplish the Work................................................................................16

13.3.4 Project Organization and Key Personnel ...................................................................................16

13.3.5 Financial Arrangements for DBT Members................................................................................16

13.3.6 Minimum Contractor Qualifications ............................................................................................ 16

13.3.7 Schedule of Rates and Fees......................................................................................16

13.3.8 Preliminary Design and Construction Schedule..............................................................17

13.3.9 Exceptions to Project Information............................................................................................... 17

13.3.10 Additional Information...............................................................................................17

14.0 PUBLIC DISCLOSURE...................................................................................................................18

15.0 PROPOSAL SCHEDULE................................................................................................................19

16.0 PROPOSAL SELECTION PROCESS ............................................................................................19

17.0 PROPOSAL EVALUATION CRITERIA...........................................................................................19

18.0 CONTRACT TERMS AND CONDITIONS ......................................................................................20 APPENDICES:

APPENDIX A— DB Standard Agreement
APPENDIX B— Insurance and Bonding Requirements
APPENDIX C— Project Vicinity Map and Scope of Work
APPENDIX D— Record Drawings and Drainage Easement
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Design / Build RFP
Monte Mar Storm Drain Improvements Project (CIP No. 8905)

DESIGN/BUILD SERVICES REQUEST FOR PROPOSALS
MONTE MAR STORM DRAIN IMPROVEMENTS PROJECT (CIP 8905)

1.0 INTRODUCTION

1.1 The City of Vista (City) is soliciting proposals from qualified design-builder entities (DB)for the Monte Mar Storm Drain Improvements Project (CIP 8905) (Project). The selected DB will provide the City with engineering design, environmental permitting, and construction services for the project. This Request for Proposals (RFP) includes a description of the project, proposal requirements, criteria for selection, and scope of services to be provided by prospective DBs.

The selected DB must provide a design-build team (DBT) for the Project comprised of professional engineers, sub-consultants and sub-contractors. All DBT members must be licensed/registered in the State of California under their respective professions.

Interested DBs shall review and utilize the data provided in this RFP and Appendices, previous relevant work, and additional resources during the proposal phase, to determine the necessary level of effort required for the Project.

2.0 RESPONSE DUE DATE
Proposals for this solicitation must be submitted electronically through the City's Electronic Bidding System (OpenGov). Hardcopy proposals will not be accepted. Proposers must create a free account with OpenGov at:
https://secure.procurenow.com/signup .

Registered proposers may obtain proposal materials and view submission procedures for this solicitation on the City's Open Gov portal at:
https://secure.procurenow.com/portal/citvofvista
Proposers must also download this solicitation in order to appear on the Bidder's List as a "Prospective Bidder." Proposers that fail to download this solicitation will not appear on the Bidders' List and will not receive addenda or be able to submit a proposal. All proposals for this solicitation must be submitted online by March 9, 2023 at 2 P.M. (on the dot).

OpenGov will determine the official time for the advertised proposal due date and such determination will be final. Any proposals not received in a timely manner on the Proposal Due Date, as described above, will not be considered.

3.0 PROJECT DESCRIPTION

3.1 The Monte Mar Storm Drain Improvements Project will improve drainage conditions, pedestrian access, comply with the City's trash implementation program, and improve Monte Mar Road to the City's standard. The Project is located in the City of Vista on Monte Mar Road, and within a public drainage easement between East Vista Way and Oak Drive.

The project vicinity map, including detailed scope of work, is provided in Appendix C.

Record drawings and drainage easement is provided in Appendix D.The DB is responsible for obtaining all applicable permits including environmental to complete the Project. The DB will be responsible for any damage to any property of the City, or private property resulting from use, occupancy, or presence of DBT on or about the construction site during Project completion. The DB may not seek reimbursement from the City for such damages.

The City will obtain a Temporary Right of Entry Agreement from Vista Unified School District for the adjacent property APN 173-300-17.
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Monte Mar Storm Drain Improvements Project (CIP No. 8905)

4.0 GENERAL OBLIGATIONS OF DB

4.1 The services to be provided by the selected DB are generally to be performed in three "Phases": Design and Pre-construction Services (Phase 1), Construction Services (Phase II), and Operation/Start-up Services (Phase III).The services to be provided in each Phase are specified below in Section 5.0 (Scope of Work). The selected DB shall:

1. Perform all services, work and obligations as described herein for Phase I for a not to exceed price as specified in DB's Project Cost Estimate. At 90% complete construction documents during Phase 1, a Guaranteed Maximum Price (GMP) will be established for the Phase II and III services, which will include, but not be limited to the cost for all labor, equipment, and material to design and build fully functional facilities, site work, permitting, and improvements in accordance with the all applicable rules, regulations, and laws and insurance and bonding. The DB shall provide line items for bonding, insurance, and fifteen (15) percent DB contingency in the GMP. The DB fee shall be a percentage of the cost of construction defined as the total sum of trade contracts (subcontractors), materials (purchase orders), equipment, self-performed work and general conditions. The DB fee shall not be applied to bonds or contingency amounts. Any costs incurred by DB in excess of said GMP shall be the sole responsibility of the DB, unless a Change Order is approved by the City. Any Savings at the end of the Project will be deducted from the GMP and returned to the City. The total cost for Phases 1, II and III shall not exceed DB's Project Cost Estimate as described in Section 13.3.7.

4.2 The selected DB shall be obligated as follows:

1. Provide all supervision, labor, equipment,technical expertise, safety equipment, and service operations to complete the Project.

2. At all times in performing its services, design and deliver the best possible Project consistent with the standard of care that satisfies the time, monetary, quality and design parameters set forth in this RFP and the Design/Build Contract.

3. Design and construct the Project on time, consistent with timeframes set forth in the Project Schedule,and in such a manner that the GMP or Contract Time of the Project shall not be exceeded, except by written Change Order as provided in the Design/Build Contract. DB shall provide a master accounting system and matrix using software acceptable to City that will be updated, expanded and provided to the City monthly as the Project develops.

4. Perform all services as expeditiously as is consistent with reasonable skill and care and shall complete the services within each and all of the time periods set forth in the Project Schedule.

5. Perform all construction on the Project utilizing subcontractors appropriately licensed by the California Contractors State License Board or other required agency.

6. Perform or subcontract all design services for the Project utilizing qualified, licensed and sufficiently experienced engineers, and other professionals ("Design Consultants") as identified in the Project Schedule. DB shall not be permitted to substitute any Design Consultant unless authorized by City. The fact that the City approves the subcontracting of any such services will in no way relieve the DB of any of its obligations or responsibilities under this RFP or the Design/Build Contract.

7. Review all technical reports relating to the Project Site; and determine and advise City if any additional needed studies are warranted. DB shall perform said studies as authorized by City. The costs of said studies are Reimbursable Costs to be paid by the City without markup.

8. Ensure that DBT personnel conduct themselves in a professional manner at all 2 06/13/2023 C4 107 of 181

Design / Build RFP
Monte Mar Storm Drain Improvements Project (CIP No. 8905) times. Personnel shall be courteous, neat in appearance, and wear visible identification including all personal protective equipment.All equipment must display their company identification, including any subcontractors.

9. Comply with the California Fair Employment and Housing Act and all other State, Federal and local laws including, but not limited to, those prohibiting discrimination, on account of race, color, national origin, religion, age, sex or handicap.

10. Take all reasonable steps during the course of the Project so as not to interfere with the ongoing operation of the adjacent residences, businesses and facilities, including but not limited to the following:
a. Not interfere with pedestrian and vehicular access. b. Take all reasonable steps during the course of construction to control dust in accordance with the provisions in the latest edition of the Standard Specifications for Public Works Construction and most recent Supplement ("Green book"). Ensure that all work conforms to the City of Vista noise ordinance unless authorized by the designated City representative. The DB shall ensure all DBT personnel comply with all relevant OSHA, Cal/OSHA,and labor and industrial work safety regulations at all times they are on the Project Site. The DB is responsible for implementing confined space entry procedures in accordance with all applicable laws and regulations.

11. Study all applicable laws, codes, ordinances, rules, orders, regulations, and statutes affecting the Project, including but not limited to, zoning, environmental, building,fire and safety codes and coverage, and lien laws, and comply with them in performance of its services. DB shall ensure that the Project design conforms to all applicable federal, state and local laws, statutes, ordinances, rules, regulations, orders or other legal requirements, (collectively "Governmental Requirements") existing as of the date of the Design/Build Contract. However, the City recognizes that Governmental Requirements and their interpretations by governmental officials ("Code Authority") are often subject to change at any time, even after issuance of a notice to construct.

If, after the date of the Design/Build Contract, modifications to the Project are required because of a change in Governmental Requirements or their interpretation by a Code Authority which had not previously been given, or which if given, was different than a prior interpretation of a Code Authority, DB shall make the required modifications to comply with the same. However, in the event of such an occurrence the compensation to DB and the associated design and pre-construction schedule may be subject to an adjustment. Nothing contained in this paragraph shall relieve DB of its obligations to modify the Project at its own expense where DB has failed to design the Project in compliance with Governmental Requirements applicable as of the date of the Design/Build Contract.

12. Obtain all permits necessary to complete the Project. City shall reimburse cost of permits, except that DB shall be responsible for obtaining and paying for all permits normally obtained by the trades or subcontractors.

13. Adhere to the provisions of all permits and rules and regulations, including those from the latest edition of the Standard Specifications for Public Works Construction and most recent Supplement("Green book"), latest California Building Standards Code (Cal. Code Regs., Title 24), and the City of Vista.

14. Comply with all licensing requirements of the State of California, and the City of Vista.
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Monte Mar Storm Drain Improvements Project (CIP No. 8905)

15. Use reasonable care to avoid damaging existing improvements, buildings, equipment and vegetation adjacent to the Project Site. If DB causes damage to any of this property, DB shall replace, or repair said property at no expense to City and shall not be a basis for seeking an adjustment to the GMP or Contract Time. DB agrees to indemnify City for any and all fines, penalties, liabilities, cost imposed upon City, its officers, employees, and agents as a result of this Project.

16. Perform Quality Control ("QC"). Review the drawings and specifications in order to identify and correct errors and omissions and reduce the quantity of Change Orders during the course of construction. Include a detailed review of drawings and designs relative to applicable laws.

17. Be fully responsible for damages, and liabilities resulting from errors or omissions below the standard of care defined in Section 4.2.19 by DB or DB's agents, employees, design consultants and contractors; such costs, damages and liabilities shall not be chargeable to the City nor shall they be a basis for seeking an adjustment in the GMP or Contract Time.

18. DB agrees to fully assume all risks, and costs associated with such risks, in performing the services and meeting the obligations under the Design/Build Contract. DB shall verify actual site conditions, topography, and facility conditions. a. Unanticipated subsurface site conditions.
i. City assumes risks for unanticipated subsurface site conditions provided DB notifies City in writing within five (5) calendar days of discovery if DB believes it has uncovered or revealed a condition which:

1. Differs materially form that indicated in the geotechnical and geological reports.

2. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in the work required by this RFP and the Design/Build Contract.

3. Upon receipt of a written notice,City shall promptly investigate and if it determines the conditions do materially differ, requiring a change in the Work, City shall commence the processing of a Change Order as provided in the Design/Build Contract. If City determines there is no bona fide Work scope change or is a minor change, which does not impact GMP or Contract Time, City shall notify DB within ten (10) calendar days.

4. DB shall not be entitled to an adjustment in the GMP or Contract Time if DB knew or should have known of the
existence of such conditions at the time DB submitted and agreed to GMP or Contract Time; or the existence of such condition could reasonably have been discovered as a result of DB's obligations pursuant to Sections 5.1.1(13) and

5.1.1(14).

19. DB shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions 4 06/13/2023 C4 109 of 181

Design / Build RFP
Monte Mar Storm Drain Improvements Project (CIP No. 8905) and in similar locations. Compliance with this section by DB shall not in any way excuse or limit DB's obligations to fully comply with all other terms in the Design/Build Contract.
a. Contractor's License. DB warrants that at least one member of the DB team shall be licensed by the California Contractor's State License Board as a Class A General Engineering Contractor. DB is to provide a list of the responsible people within their organizations performing services, which shall include their qualifications and their function, for approval by the City prior to start of services. City and DB shall establish "key personnel"who shall remain on the Project until Final Completion. If any such "key personnel" leave the employment of DB, City shall have the right to approve the replacement personnel assigned to this Project. DB shall comply with all licensing requirements of the State of California, and City of Vista. b. Project Manager and Project Design Engineer. Throughout all phases of the Project hereunder,the individual project manager,and project design engineer shall be as reflected in the Project Schedule. So long as the Individual Project Manager and Project Design Engineer remain in the employ of the General Contractor and/or Engineer, such persons shall not be changed or substituted from the Project, or cease to be fully committed to the Project as deemed necessary by the City in its reasonable discretion, without the prior written consent or instruction of the City.
c. City Right to Remove Project Manager, and Project Design Engineer.

Notwithstanding the foregoing provisions of Section 4.2.19, if the Individual Project Manager or Project Design Engineer, proves not to be satisfactory to the City, upon written notice from the City to the DB, such person or person shall be promptly replaced by a person who is acceptable to the City in accordance with the procedures set forth below.
d. Replacement Selection of Project Manager and/or Project Design Engineer.

Within five (5) working days after receipt of a notice from the City requesting the replacement of any Individual Project Manager or Project Design Engineer, or promptly following the discovery by the Design Build Team that any Individual Project Manager, or Project Design Engineer is leaving the employ of the DB or Engineer, as the case may be, the replacement/substitution (together with such person's resume and other information regarding such person's experience and qualifications) for approval by City. The replacement/substitution shall commence work on the Project no later than five (5) calendar days following the City's approval of such replacement, which approval shall not be unreasonably withheld.

20. DB agrees and acknowledges that the City Representative is the only person with authority to approve additions or modifications to Project. Any costs or delays resulting from or associated with additions or modifications implemented without the written authorization of the City Representative shall be borne exclusively by DB and not be grounds for an increase in the GMP or Contract Time, unless necessary to protect public health, safety, or property.

21. DB shall fully cooperate with City Representative and any of its agents assigned to this project.

22. The DB shall remain in compliance with the City of Vista Water Quality Protection Program and, where applicable, respective stormwater protection programs and 5 06/13/2023 C4 110 of 181

Design / Build RFP
Monte Mar Storm Drain Improvements Project (CIP No. 8905) shall exercise every reasonable precaution to prevent the discharge of any material which is not solely storm water(i.e., rain events)to the storm drain system. The DB will be responsible for the complete cleanup of all material that is discharged from the project in violation of the discharge rules. Please visit https://www.citVofvista.com/city-services/city-departments/water-qual itV-protection for information.

23. Payment of prevailing wages is required for this project. The DB shall satisfy this requirement by reviewing the State of California schedule of general prevailing wage determination made by the Director of Industrial Relations.

24. All DBT members must have a valid business license with the City of Vista prior to the Design/Build Contract being awarded to the selected DB.

5.0 SCOPE OF WORK

5.1 Services required of the DB include those during Design and Pre-Construction, Construction, and Operations/Start-up of the Project. The GMP will be developed based on all management, supervision, labor, services, equipment, tools, supplies, and any other item of every kind and description required for a comprehensive design and construction program for Phases II and III. The scope of work includes, but is not limited to, the following:

1. Develop and Implement Project Management Plan and Procedures

2. Monthly project status reports

3. Coordination/interface with the City and its other consultants/contractors

4. Progress meetings

5. Interface and communications with other agencies

6. Vendors and subcontractors management

7. Document control

8. Schedule and budget control

9. Quality assurance and quality control

10. Pay for all code requirements such as designer construction inspections, pulling regulatory permits and complying with all other regulatory requirements to complete the Project

5.1.1 Design and Pre-Construction Services— Phase
Utilizing the latest edition of the Standard Specifications for Public Works Construction and most recent Supplement ("Green book"), the latest California Building Standards Code (Cal. Code Regs., Title 24), the current edition of the Vista Standard Special Provisions, current edition of the Regional Standard Drawings, the current edition of the Vista Construction Standards, performance and design criteria, concept drawings, and reports identified in the Design/Build Contract, DB shall:

1. Prepare, organize, and present a design analysis in the Preliminary Design submittal. The DB shall present the preliminary design submittal at the City of Vista offices at the Preliminary Design Workshop to demonstrate the concept of the project is fully understood and the design is based on sound engineering principles. Provide design analyses for each discipline and include the following:
a. An introductory description of the project concepts that addresses the salient points of the design.
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Design / Build RFP
Monte Mar Storm Drain Improvements Project (CIP No. 8905) b. The identification of any necessary licenses and permits that are anticipated to be required as part of the design and/or construction process.
c. Calculations to support the design.
d. Schematic level drawings.
e. Basis of design.
f. Confirm that there are no wet/dry utility conflicts in the preliminary design.
g. Conceptual Site Plan.

2. Prepare a Final Preliminary Design Report,and construction drawings(60%, 90%), supporting calculations, and specifications suitable for obtaining City approval and issuance of permits. DB shall submit five (5) hard copies and electronic copies at each submittal phase for City review. The City shall provide comments within ten (10)working days of each submittal.

3. The Contract Documents (CD's) shall include, without limitation, the following:
a. Engineering plans and details, including: drainage and street improvements, or other public facilities as recommended by the DB and approved by the City.
b. Technical reports and specifications.
c. All other technical drawings, schedules, calculations, diagrams and specifications, to set forth in detail the requirements for construction of the Project which, at a minimum, include: drainage and street improvements, or other public facilities as needed to complete the project.
d. Final specifications, including but not limited to the following:
drainage and street improvements, or other public facilities as recommended by the DB and approved by the City, and any other documents to fix and describe the size, quality and character of the entire Project, its materials, and such other elements as shall be appropriate.

4. DB shall determine and establish the sequence of construction, and if appropriate, identify separate bid packages to accomplish phased construction of the Project.

Review as needed the CD's with the governmental authorities having jurisdiction over the Project.

5. DB shall develop and submit to City for approval prior to implementation a Project Management Plan and Procedures to include the following:
a. Project status reports.
b. Coordination/interface with the City and its other 7 06/13/2023 C4 112 of 181

Design / Build RFP
Monte Mar Storm Drain Improvements Project (CIP No. 8905) consultants/contractors.
c. Project Safety Plan, which shall include a requirement that all accidents, claims and other on-going safety related issues be reported to the City immediately.
d. Progress meetings.
e. Interface and communications with other agencies.
f. Vendors and subcontractors management.
g. Document control.
h. Schedule and budget control, including a project-specific plan for defining, tracking and reporting cash flow activity requirements, schedule of values.
i. Quality assurance and quality control.
j. Throughout the design phase, the DB shall provide scheduling and cost control reports monthly.

6. DB shall conduct workshops at the Final Preliminary Design Report, 60%, and 90% Design levels. Workshops shall be held one (1)week after submittal and shall be conducted at City of Vista offices, or by virtual conferences hosted by the DB. City shall provide comments to the DB within two (2) weeks after submittal. DB shall provide written response to all written comments by the City.

7. Obtain written approval from the City of the drawings and specifications for each of the following design phases: (1) Final Preliminary Design Report; (2) 60% CD's with specifications; and (3) 90% CD's with specifications. Said approvals shall be evidenced by written notice to proceed with each subsequent design phase. If the City provides conditional approval, DB shall address all City comments or issues in the next set of drawings developed.

City retains the right to withhold approval and require resubmittal of the CD's.

Any delay or additional costs resulting from the re-submittal shall be borne exclusively by DB and not be grounds for an increase in the fees or schedule specified in the Design/Build Contract. Preparation of technical materials and equipment specifications for pre-purchase will be the responsibility of the DB.

8. Provide construction cost control estimates during the design to support constructability reviews. Revise these cost control estimates once and other review comments have been incorporated.

9. Provide updated detailed construction cost estimates to the City at 60% CD's, and 90% CD's (GMP established). Furnish support to a City constructability review team at the 60% and 90% design completion stage. Incorporate the results of this review into the design. Complete the design for all elements of the Project, including but not limited to: survey, civil, geotechnical, geological, hazardous materials, environmental monitoring, construction management, stormwater, and specialty consulting areas such as for utilities, and other specialty consultants that may be needed for the planning and construction of these types of facilities. Designs shall be prepared by an individual licensed to practice in the State of California.

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Monte Mar Storm Drain Improvements Project (CIP No. 8905) economical designs that optimize constructability yet meet all codes, conceptual designs, and standard specifications of the Project.

11. Incorporate the requirements of permitting agencies as may become apparent in the course of design. The DB shall apply for and secure all permits and provide all necessary reports, studies and support required to obtain the permits. In addition,the DB shall research all San Diego Water Quality Control Board, US Army Corps of Engineers, all agencies of the California Natural Resources Agency, San Diego Control District, noise abatement, and CALTRANS encroachment requirements. The Consultant shall develop all appropriate environmental plans, including but not limited to, an air pollution control plan, a noise abatement plan and a hazardous materials management plan. The Consultant shall submit, manage and obtain approval of an application for a Stormwater Management Permit to the appropriate authority.

12. Conduct site surveys and geotechnical investigations to the extent necessary for final design, including monument preservation. Any information provided by the City may be preliminary in nature and may not have sufficient accuracy or scope to support final design.

13. Prepare geotechnical and geological reports related to the Project Site, including up to two (2) rounds of City review. If additional investigations are authorized by City, DB shall perform said investigations. The costs of said investigations will be included in the GMP.

14. Prepare hydrology and hydraulics report for final design, including up to two (2) rounds of City review.

15. Prepare Stormwater Quality Management Plan (SWQMP) for Priority Development Projects, including up to two (2) rounds of City review.

16. Perform Quality Control (QC) Review of the Drawings and Specifications throughout all Phases in order to correct errors and omissions. Include a detailed review of drawings and designs relative to Code Compliance Laws.

Organize and publish detailed QC Reports based on all findings.

17. Establish a Critical Path Method (CPM) Construction Schedule. Monitor, update and report to keep the Project on schedule.

18. Identify, contract, and procure long lead items.

19. Use DB's Project Cost Estimate submitted with proposal to establish a Guaranteed Maximum Price (GMP), once 90% construction drawing are complete, including all required components of the GMP as separate line items.

20. Identify all permit requirements and prepare applications and support documents necessary for obtaining all permits. Permit fees will be borne by the City. Obtain all necessary permits and licenses, including but not limited to, improvement permits and grading permits.

5.1.2 Construction Services— Phase II
After City formally approves the Final Preliminary Design Submittal, any required cost estimates, 90% CD's, Construction Schedule, GMP, and associated contract amendment, City shall issue to DB a written Notice to Proceed with Phase II Services. The DB shall construct the Project in accordance with City-approved plans and associated permits and specifications prepared by the DB to meet or exceed all requirements of the City provided program, schematic design and the performance criteria.

The DB's Phase II Services shall include but are not limited to:
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1. Execute subcontracts, in DB's own name, with the bidder best meeting the monetary,time, and performance requirements of the Project in the professional opinion of the DB.

2. Perform construction management and administration services during the construction of the Project.

3. Be responsible for and coordinate all construction means, methods, techniques, sequences and procedures.

4. Coordinate scheduling of bid packages, submittals, and all design and construction of the Project to ensure the efficient and orderly sequence of the construction of the Project. Monitor and report to the City on actual performance compared to Construction Schedule.

5. Conduct weekly project team meetings with the City and appropriate design and construction team members, and provide meeting minutes to the participants during the course of construction to review the status of the Project.

6. Conduct contractor meetings, as necessary, to provide technical input.

7. Ensure the workmanship and materials provided are in accordance with the Project Specifications and meet or exceed quality construction industry standards for this type of work.

8. Provide list of required shop drawing and product submittals. Review shop- drawing and product submittals for technical and code compliance. Provide copy to the City for review and incorporate comments. Each submittal and shop drawing shall be complete and in sufficient detail to allow ready determination of compliance with contract requirement. Include within submittals items such as:
catalog cuts, diagrams, test reports, samples, certifications, warranties, and other such required materials. DB shall have its engineer of record sign all shop- drawing and product submittals. DB shall not order or proceed with construction without approval from the engineer of record and the City.

9. Provide engineering, contract administration, and staff, including specialists necessary for the functional, safe, on budget and on-schedule completion of the Project, starting with the issuance of a Notice to Proceed from the City and extending through issuance of Notice of Completion and Acceptance.

10. Ensure construction compliance with applicable local, state, and federal codes, building and environmental permit requirements, and construction mitigation documents and enforcement of the Contract Documents. Applicable law includes, but is not limited to, the 1990 Americans with Disabilities Act (ADA) and Title 24 California Code of Regulations(Building Code)as defined in Section 18910 of California Health and Safety Code. DB is responsible as an employer and City representative to comply with all portions of Title 24 and the ADA.

11. Maintain a complete and up-to-date set of Construction Documents in the Projects field office at all times during construction which reflect all changes and modifications, and at the end of construction prepare for City a complete set of Project documents, along with four reproducible, and one electronic set of drawings depicting As-Built conditions for the Project.

12. Ensure the Project Site is maintained in a clean, neat,sanitary and safe condition free from accumulation of waste materials or rubbish. Prior to Final Completion, DB shall cause to be removed from and about the Project Site all tools, construction equipment, machinery, surplus materials, waste materials and rubbish.

13. Develop a mutually agreed upon program to abate and minimize noise, dust, and disruption to access for parking and services at all times for adjacent 10 06/13/2023 C4 115 of 181

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14. Provide surveying, and other contracted services as required to complete Project's construction inspection and testing tasks. DB shall be responsible for contracting for and scheduling specialty inspections to verify compliance with the plans, specifications and contract documents. City staff will perform standard inspections. DB is responsible for scheduling and coordinating all inspections and paying for all re-inspections. DB shall coordinate all required inspections in such a manner that the progress of construction is not affected or impacted.

15. Develop, implement and manage a construction phase Quality Assurance/Quality Control (QA/QC) Plan with appropriate reviews and independent procedures to ensure compliance with the Construction Documents. The Plan shall include but not be limited to; 1) a statement and definition of QA/QC goals; 2) an identification of QA/QC criteria and elements; 3) development of the Project QA/QC implementation plan; 4) development of the QA/QC materials, components, equipment and system testing plans; and, 5) enforcement of the plans and specifications.

16. Submit the proposed QA/QC Plan to the City for review prior to commencement of construction. The Plan shall not be implemented without written approval of the City.

17. Be responsible for preparing the Critical Path Method (CPM) schedule utilized during the Project construction and startup activities. Use Microsoft Project scheduling software (or similar program to be mutually agreed upon) consistent with the City reporting system.

18. Keep City informed of the progress and quality of the design and construction of the Project.

19. Develop a Project-specific plan for defining, tracking and reporting cash flow activity requirements and schedule of values, and submit such plan to the City for review and approval prior to implementation.

20. Develop a Project-specific Change Order Administration Plan for review and approval by the City. Upon written approval of the Plan, the DB shall initiate implementation. The Plan shall define the required Change Order procedures, including requirements for requesting, developing, approving, and filing.

21. Implement and maintain an internal records management and Document Control System (DCS) as required to support Project operations. Provide City with the DCS on approved software within fourteen (14) working days after receiving Notice to Proceed with Phase III, provide updated versions of the Construction Schedule on a monthly basis, and provide immediate notice of any impact on critical path items.

22. The DB shall develop an on-site Project Safety Plan. The DB shall administer and enforce the on-site Project Safety Plan for the Project. The DB shall monitor safety and health issues relating to their workers at the Project Site. This shall include workers in direct employment to the Contractor and workers involved in a subcontracting, equipment supply, or any other project-related oral or written arrangement with the DB.

23. Administer and enforce the Environmental Mitigation Monitoring and Reporting Plan for the Project, if any. The DB shall report a record of environmental issues to the City in a manner consistent with the City's reporting system.

24. Pay royalties and license fees, if applicable, relating to the rendering of services and the production of materials for the Project.

25. Accidents, claims, and other on-going safety related issues shall be reported to 11 06/13/2023 C4 116 of 181

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26. Give all notices and comply with laws, ordinances, rules, regulations, and lawful orders of public authorities relating to the Project.

27. Unless the DB receives the City's prior approval to substitute equal or better quality materials, the DB warrants to City that material and equipment incorporated in the Project will be new, unless otherwise specified, and that the Project will be of good quality, free from faults and defects, and in strict conformance with the Construction Documents and the Design/Build contract.

28. Notify City in writing when DB believes that the Project has achieved Substantial Completion, participate with City in inspecting the completed construction, prepare punch list, and cause the punch list items to be performed and/or corrected in accordance with the Construction Documents.

29. Notify City in writing when DB believes that the Project has achieved Final Completion. Assemble and deliver to City upon Final Completion all records, documents,warranties, bonds,guarantees, maintenance/service contracts,and maintenance and operating manuals. Assist during final acceptance process by furnishing final walk-through(s) and comments.

30. Administer and coordinate the Project contract closeout process and resolve any warranty provision issues. The DB shall report progress of Project contract closeout to the City in a manner consistent with the City's reporting system.

5.1.3 Operations/Startup Services— Phase III

1. Conduct a post-construction CCTV inspection, air pressure test, deflection test, and manhole negative air pressure test after backfill. The results are to be submitted to the City for review. The City will review the work and determine if the completed work is acceptable, in compliance with project specifications and contract documents, and to the satisfaction of the City Engineer. DB to coordinate all corrective work with the responsible parties and the City.

2. Report progress of Project startup and testing to the City in a manner consistent with the City's reporting system.

3. Prepare as-built construction drawings and specifications, and as-graded or as-built geotechnical reports.

4. Prepare final accounting and close out reports.

5. Inspect the Project during the one-year general building warranty period, identify items requiring repair, and oversee those repairs. Inspect the each component at 180 and 360 days after Final Completion of Project and prepare reports to City, develop budgets and direct all repairs.

5.0 INSURANCE REQUIREMENTS

5.1 The DB shall comply with the insurance and bond provisions set forth in Appendix C.

7.0 INSPECTION

7.1 It shall be the responsibility of DB to call for, coordinate and schedule all Project inspections by the City. Any required special inspections shall be the responsibility of the DB.

7.2 City, its consultants, subcontractors, independent testing laboratories as well as other governmental agencies with jurisdictional interests will have access to the Project site at reasonable times for this observation, inspecting and testing. The DB shall provide them 12 06/13/2023 C4 117 of 181

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8.0 CHANGE IN GMP AND CONTRACT TIME

8.1 The GMP and Contract Time may only be changed with a written Change Order using the procedures provided in the Design/Build Contract. Change Orders shall be issued only under the following circumstances:

1. The City directs DB to perform Additional Services or City Changes.

2. For reasons expressly provided elsewhere in the Design/Build Contract.

9.0 PROJECT COMPLETION

9.1 Substantial Completion shall be that stage in the progress of the construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City may fully utilize entire Project; Substantial Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of the Construction Documents are in place and have been initially tested, and are operationally functional,subject only to final testing, balancing and adjustments and normal Final Completion Punchlist Work.

9.2 Final Completion shall be deemed to occur on the last of the following events: (1) recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the City; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of all documents required to be supplied by DB to City as outlined in the Design/Build contract, including but not limited to As-Built Drawings, and warranties; (5) and delivery to City of a Certificate of Completion duly verified by DB.

9.3 The DB shall provide City with a Certificate of Completion, certifying to City under penalty of perjury that the Project has been completed in accordance with the Construction Documents, all applicable building codes and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating to the Project.

9.4 The DB shall provide final record drawing documents ("As-Built Drawings") to the City at the end of construction in the form of one (1) set of reproducible mylar plans and one (1) electronic copy (format to be mutually agreed upon). As-Built Drawings are to be accurate and legible records showing all components of the Project and their exact locations.

9.5 The DB shall provide a copy of, or make available before destruction, all records (which includes all writings as defined in Evidence Code Section 250) to the City upon receipt or generation, which shall include a copy of DB's filing protocol.

9.6 A copy of all approved submittals shall be forwarded to the City at the completion of the Project.All information shall be assembled in such a fashion to fit into a standard file drawer and organized by CSI codes. This copy is in addition to those provided during the course of construction for comment.

10.0 WARRANTIES AND GUARANTEES

10.1 The DB warrants and guarantees to City that materials and equipment incorporated into the Project will be new unless otherwise specified and that all work will be in strict accordance with the Construction Documents and will not be defective. All Defective Work, whether or not in place, may be rejected, corrected, or accepted as directed by City. DB shall not be entitled to an extension in Contract Time or increase in GMP because of any delay or increase in cost attributable to the rejection, correction or acceptance of said work. 13 06/13/2023 C4 118 of 181

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Monte Mar Storm Drain Improvements Project (CIP No. 8905) Defective work may be rejected even if approved by prior inspection.

10.2 The warranty period shall commence when the Certificate of Final Completion is issued (irrespective of beneficial use by City prior to Final Completion) and extend one (1) year after that date or whatever longer period may be prescribed by laws or regulations or by the terms of any applicable special guarantee or specific provision of the Construction Documents. The Design/Build contract will contain provisions addressing this issue and steps to correct defective work.

11.0 MAINTENANCE OF RECORDS AND ACCOUNTING

11.1 The DB shall maintain, during the Project implementation time and for a period of three (3) years after completion of the Project, accurate and organized records of all costs of any type and all services performed for the Project. City will have the right at any time including during the performance of all Phases of the Project to audit and copy all such records.

12.0 OWNERSHIP OF DOCUMENTS

12.1 Drawings, plans and specifications, and all reports,studies,tracings, maps, electronic files, and other documents prepared or obtained by DB in the course of performing the work required by this Project Information shall be the property of the City, and DB shall convey and transfer all copyrightable interests in such drawings, plans and specifications, and documents to the City. Basic survey notes, sketches,charts,computations and similar data prepared or obtained by DB shall, upon request, be made available to The City. The City agrees to use the original plans and drawings for purposes of this construction project only and will not use the original plans or drawings in connection with any other construction project. City agrees to indemnify, defend and hold harmless DB against any claims, losses, costs or damages as a result of City's reuse or misuse of such plans, drawings and specifications. In the event of the return of the plans, drawings, or specifications to DB or its representative, DB shall be responsible for their safe return to City. DB shall be entitled to retain copies of the plans, drawings and specifications for their files. Under no circumstances shall DB fail to deliver any draft or signed and sealed final plans, drawings or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between DB and City concerning payment, performance of Design/Build Contract, or otherwise. This covenant shall survive the termination of the Design/Build Contract.

12.2 Title to Intellectual Property. DB shall represent that it has secured all necessary licenses, consents or approvals to use the components of any intellectual property, including computer software, used in the rendering of services and the production of the materials for the Project and that the City has full legal title to and the right to reproduce such materials. DB covenants to defend, indemnify and hold the City harmless of any loss, claim or liability in any way related to a claim that the City is violating, as a result of any services rendered by the DB, either any contractual provisions or any federal, state or local law, relating to trade names, licenses,franchises, patents or other means of protecting interests in products or inventions. If DB has reason to believe the use of a required design, process or product is an infringement of a patent, DB shall be responsible for such loss unless such information is promptly given to the City in writing.

13.0 RESPONSE REQUIREMENTS

13.1 Format and Due Date:

Proposals for this solicitation must be submitted electronically through the City's Electronic Bidding System (OpenGov). Hardcopy proposals will not be accepted. Proposers must create a free account with OpenGov at:
https://secure.procurenow.com/signup .
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Monte Mar Storm Drain Improvements Project (CIP No. 8905) Registered proposers may obtain proposal materials and view submission procedures for this solicitation on the City's Open Gov portal at:
https:Hsecure.procurenow.com/portal/citVofvista
Proposers must also download this solicitation in order to appear on the Bidder's List as a "Prospective Bidder." Proposers that fail to download this solicitation will not appear on the Bidders' List and will not receive addenda or be able to submit a proposal. All proposals for this solicitation must be submitted online by March 9, 2023 at 2 P.M. (on the dot).

OpenGov will determine the official time for the advertised proposal due date and such determination will be final. Any proposals not received in a timely manner on the Proposal Due Date, as described above, will not be considered.

Note: The City of Vista complies with the Americans with Disabilities Act. If you require reasonable accommodations, please contact the Office of the City Clerk, 760-639-6125, at least forty-eight(48) hours prior to the bid opening.

13.2 General Response Requirements:

1. The City desires to receive proposals from qualified and experienced DBs who demonstrate significant knowledge of design engineering and construction management, and experience and successful performance on public sector projects of comparable magnitude involving a GMP incorporating both design and construction.

2. The proposal should be concise, well organized and demonstrate the DB's qualifications and experience applicable to the Project. The proposal shall be inclusive of resumes, graphics, forms, pictures, photographs, dividers, front and back cover, cover letter, etc. Type size and margins for text pages should be in keeping with accepted standard formats for desktop publishing and word processing. Proposal shall be limited to 25-pages excluding dividers, resumes, and front and back covers.

13.3 Contents:

Proposals submitted in response to this Project Information shall be in the following order and shall include:

13.3.1 General Information

1. Executive Summary.

2. Include a one to two page overview that highlights DB approach and DB's commitment to meet or exceed the City's objectives and insure a successful project built on time and within budget.

3. Identification of each DBT member.

4. Legal name and address.

5. Legal form of company (partnership, corporation, joint venture, etc.). If joint venture identify the members of the joint venture and provide all information required under this section for each member.

6. If company is wholly owned subsidiary of a"parent company,"identify the"parent company."

7. Addresses of offices located in San Diego County, if any.

8. Number of employees in San Diego County.

9. Name, title, address and telephone number of person(s) to be assigned to Project.
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10. Name, title, address and telephone number of person to contact concerning the proposal.

11. Provide Secretary of State Entity Number and California Department of Industrial Relations Number for each DBT member.

13.3.2 Experience and Technical Competence

1. Describe DB's experience in completing similar design/build projects. Include at least three (3)successfully completed projects of similar nature with name of the respective City's Project Manager, phone numbers, project type and total value of completed construction. Projects currently in process may be submitted for consideration. Identify any specific projects and include in your client references where this team has worked together. Reference and include only projects that match or exceed the size and scope of the Project.

13.3.3 Proposed Method to Accomplish the Work

1. Discuss the DB's understanding of the project, and any suggestions or special concerns that the City and the DB should address for a successful project.

Provide a narrative rendition of the technical and management approach proposed for the project and detailed scope of work. Describe DB's technical and management approach to the project design and construction. Discuss lines of communication necessary to maintain inspection, design construction and delivery schedules, and software availability for both schedule and management reporting.

13.3.4 Project Organization and Key Personnel

1. Describe proposed Project organization and provide an organizational chart, including identification and responsibilities of key personnel. Indicate role and responsibilities of the prime Consultant and all sub-consultants. Indicate how local firms are being utilized to ensure a strong understanding of local laws, ordinances, regulations, policies, requirements, permitting, etc. Indicate extent of commitment of key personnel for duration of Project and furnish resumes of key personnel. Provide indication of staffing level for the Project. Resumes shall be included in the appendix of the proposal and will not count toward the page limit.

2. DB's evaluation will consider its entire team, therefore no changes in team composition will be allowed without prior written approval of the City. Describe DB's capacity to perform the work within the time limitations, considering DB's current and planned workload and DBT's workforce.

13.3.5 Financial Arrangements for DBT Members

1. If the DBT is a Joint Venture Team, the DB shall address the proposed financial arrangements between the Joint Venture members as they relate to liability to the City for work to be performed. DB shall submit a team members'list indicating scope of work, and approximate percentage of contract. Team members must be named on said list if they receive more than $10,000 or more than one-half of one percent(.5%)whichever is less.

13.3.6 Minimum Contractor Qualifications

1. DB submitting qualifications must include a contractor who possesses the applicable California Contractor's license. DB must also submit evidence of financial capability to be bonded for such projects.

13.3.7 Schedule of Rates and Fees

1. Project Cost Estimate
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Monte Mar Storm Drain Improvements Project (CIP No. 8905) a.Provide a comprehensive cost estimate with summary and detail including all related costs for the Project.
b.Include cost breakdowns by Project Phase (i.e. Design and Pre- Construction, Construction, and Operation/Start-up).
i. Design and Pre-Construction: Services for this period shall include but not be limited to project design, cost estimating, constructability review, site surveys, testing, subcontractor bidding, submittal review and procurement of long lead items.

The City views the DB's input and leadership during this period as an important component of the Project.
c.The Project Cost Estimate will be used to establish a Guaranteed Maximum Price during negotiations, once 90% construction documents are complete during Phase I.
d.Clearly note all assumptions that were used to create the estimate and clearly note areas of concern.
e.Note that Special Inspections shall be included in the DB's scope of work.

2. Project General Conditions: Provide a detailed spreadsheet that completely outlines the Project's general conditions, including quantities, units, unit costs and totals.

3. Cost of Work Multipliers (Fee): Based on the scope and size of the Project, propose an overhead and profit percentage rate and any other multipliers such as liability insurance to be applied to the cost of work. This rate would apply to each major phase of the Project as it is released and subsequently bid to subcontractors.

4. Change Orders: Indicate an overhead and profit percentage rate to be used on subsequent changes to the major phases of the Project. The negotiated rate shall also apply to deductive changes.

5. Provide Payment, Performance Bond, and Insurance Rates.

6. Design and Pre-Construction Cost Assumptions:
a.City will be lead to obtain easements and temporary right of entry agreements.

7. Construction Cost Assumptions:
a.Groundwater is present.
b.Hazardous material/waste is not present in the soil and groundwater.

13.3.8 Preliminary Design and Construction Schedule

1. Provide Preliminary Design and Construction Schedule considering all Project deliverables. This schedule should reflect major design and construction activities. Outline any concerns regarding the schedule.

13.3.9 Exceptions to Project Information

1. The DB shall certify that it takes no exceptions to the Project Information including the Sample Agreement included in Appendix A. If the DB does take exception(s) to any portion of the document, the specific portion to which exception is taken shall be identified and explained.

13.3.10 Additional Information
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Monte Mar Storm Drain Improvements Project (CIP No. 8905) This section shall contain all the other pertinent information that is required to be submitted with the proposal in the following order:

1. Description of insurance coverage for prime respondent and co-venture partner(s) (types of coverage and policy limits, deductible, exclusions, and outstanding claims).

2. Provide description of your company's safety policy and how it would be implemented on this job.

3. Description of in-house resources for prime respondent and co-venture partner(s) (i.e., computer capabilities, software applications, modem protocol, and modeling programs, etc.).

4. Indicate if contractor self-perform any work, and if so, what trades. Also indicate if contractor has any union signatory agreements.

5. Describe the DB process and tools for developing a GMP and addressing such issues as:
a. The optimum time to establish the GMP;
b. How the GMP will be calculated;
c. How the DB proposes to deal with unknown issues such as escalation factors
d. The DB conceptual estimating process;
e. Input from specialty contractors; and
f. The primary challenges in establishing the GMP

14.0 PUBLIC DISCLOSURE

14.1. All proposals submitted in response to this Project Information become the property of the City and public records, and as such may be subject to public review. Under the California Public Records Act (California Government Code Section 6250 et seq.) records in the custody of a public entity generally have to be disclosed unless the information being sought falls into one or more of the exemptions to disclosure set out in Government Code Sections 6254 through 6255. The cover letter of the proposal should contain a paragraph that states whether or not DB believes that its proposal does or does not contain information that falls into one of the exemptions of Government Code Sections 6254 through 6255 and whether or not DB considers such information to be confidential.

14.2 In the absence of a declaration, City may be obligated to disclose proposal to any party that requests it. Regardless of assertions of confidentiality, proposal contents may still be disclosed if City,or a court with jurisdiction,determines that such proposal is a public record requiring disclosure.

15.0 PROPOSAL SCHEDULE

15.1 The solicitation receipt and evaluation of proposals and the selection of the DB will conform to the following schedule (Note: Dates are subject to change):
• RFP release by the City- February 2 , 2023
• Deadline for questions - February 9, 2023 at 2:00 PM • Addendum(s) release - February 16, 2023
• Proposals due -Thursday, March 9, 2023 at 2:00 PM
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Monte Mar Storm Drain Improvements Project (CIP No. 8905) • Consultant shortlist (if needed) - March 23, 2023
• Consultant interview (if needed) - March 30, 2023
• Notice of DBT selection -April 4, 2023
A pre-proposal meeting, or a site visit will not be held for this project.

Any interviews (if needed)will be virtual presentations followed by questions and answers to be hosted by the selected DB.

All project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this solicitation shall be submitted via"Q&A"through the City's Electronic Bidding System, OpenGov.

All questions must be submitted by the Question Submission Deadline listed in OpenGov.

16.0 PROPOSAL SELECTION PROCESS

16.1 Award will be based on best value not lowest responsible respondent. Design and construction expertise, relevant team experience, experience in similar projects, rates and fees, will be significant factors. City reserves the right to discuss and negotiate scope, costs, and schedule as needed. At any time prior to the City of Vista executing a Design/Build Contract with the selected firm, if that DB cannot meet any of the RFP conditions, the City of Vista has the option of selecting another DB. Contracts will be awarded in accordance with the Vista Municipal Code.

16.2 Each Proposal will be reviewed to determine whether it is responsive to the RFP. Failure to comply with the requirements of this RFP may result in a Proposal being rejected as non-responsive.At its sole discretion, however,the City may waive any such failure to meet a requirement of this RFP that is immaterial.

17.0 PROPOSAL EVALUATION CRITERIA

17.1 Selection of the DB will be based on best value, not on lowest responsible respondent.

Proposals shall be evaluated and ranked based on best value as determined by the following significant factors and relative weights of importance:

1. 25% - Overall experience and technical competence of the firm(s) (including principal firms, joint venture-partners, and sub-consultants) and specific experience and technical competence on projects of a similar nature, considering the types of service required; the complexity of the project; references; and record of performance.

2. 20% - The strength and experience with projects of a similar nature of key personnel who will be dedicated to the Project.

3. 20% - Rates and Fees including Pre-Construction Costs, General Conditions, Cost of Work Multipliers, Preliminary Cost Estimate, Change Order rates, Payment and Performance Bond rates.

4. 20% - Proposed methods and overall strategic plan to accomplish the work in a timely and competent manner, including Design and Construction Schedule.

5. 15% - Combination of the following factors:
a) Conformance to the specified Project Information requirements and format. b) Organization, presentation, and content of the submittal. c) Knowledge and understanding of the State and local environment and a local presence for interfacing with the City.
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Monte Mar Storm Drain Improvements Project (CIP No. 8905) d) Financial resources and stability of the principal consultant and/or DBT. e) Ability to meet the insurance requirements unless City, at its sole discretion, decides to modify or waive the insurance requirements or elects to provide project insurance.

All evaluation criteria is subject to change via an addendum to this RFP.

18.0 CONTRACT TERMS AND CONDITIONS

18.1 Issuance of this Project Information does not commit City to award a contract, or to pay any costs incurred in the preparation of a response to this request. City retains the right to reject any or all submittals. Selection is dependent upon the negotiation of a mutually acceptable contract with the selected DB. No modifications to the standard contract language will be granted.

18.2 Each submittal shall be valid for not less than one hundred and twenty(120)days from the date of receipt.

18.3 All insurance shall be provided at the sole cost and expense of the selected DB, unless the requirement is modified or waived by the City. City reserves the right to modify the insurance limits or to substitute project insurance during contract negotiations. 20 06/13/2023 C4 125 of 181

Design / Build RFP
Monte Mar Storm Drain Improvements Project (CIP No. 8905)

APPENDIX A
Standard Agreement
21 06/13/2023 C4 126 of 181

DESIGN / BUILD SERVICES FOR THE

MONTE MAR STORM DRAIN IMPROVEMENTS PROJECT
CIP NO. 8905
THIS AGREEMENT is made and entered into as of (Contract Date) by and between the CITY OF VISTA ("City"), a chartered municipal corporation, and XXX ("Design Builder or DB"). City and DB are sometimes individually referred to as "Party" and collectively as "Parties".

RECITALS

1. On XXX, a Request for Proposal (RFP) (Exhibit 3)was issued for design/build services for the Monte Mar Storm Drain Improvements Project—CIP No. 8905; and

2. XXX firms submitted proposals and based upon the review of each proposal and interviews with the top firms, Design Builder was selected as the respondent who best met the evaluation criteria specified in the RFP including experience and technical competence, schedule, rates, and financial resources and with whom City could negotiate an agreement.

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein:

THE PARTIES AGREE:

Section 1: General Scope of Work to Be Performed by DB

1.1 In accordance with the terms set forth in this Agreement and the Design Build Proposal for the Fire Station Interconnect Project (Exhibit 1 attached hereto and incorporated herein), Monte Mar Storm Drain Improvements Project—CIP No. 8905 shall include, but not be limited to all components outlined and described in Exhibit 1.

1.2 The services provided by the DB shall include, but not be limited to, all services outlined and described in this agreement and the design, and construction services within Exhibit 1.

1.3 The DB shall:

1.3.1 Perform design and pre-construction services (Phase 1) on a time and materials basis for an amount not-to-exceed $XX, as specified in DB's Project Cost Estimate. At 90% complete construction documents the DB shall propose a Guaranteed Maximum Price (GMP)which will include, but not be limited to, the cost for all labor, equipment, and material to design and construct the Phase 11 Project in accordance with all applicable rules, regulations, and laws. If the Parties agree to DB's proposed GMP, or successfully negotiate an alternative GMP amount, the Parties shall enter into an amendment to this Agreement to fund and undertake Phase II and III of the Project. Under the amendment, the DB fee shall be XX% of the cost of construction defined as the total sum of trade contracts (subcontractors), materials (purchase orders), equipment, self-performed work and general conditions. Any costs incurred by DB in excess of the established GMP shall be the sole responsibility of the DB, unless a Change Order is approved by the City. Any savings resulting in the project being completed for less than the amount of the GMP shall belong to the City.
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Design / Build Services Agreement
MONTE MAR STORM DRAIN IMPROVEMENTS PROJECT (CIP No. 8905)