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Resolution No. 8711 << .l t , 1 " 1 2 3 4 5 6 RESOLUTION NO. 8711 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND INFRASTRUCTURE ENGINEERING, CORPORATION FOR AN HYDRAULIC ANALYSIS OF THE CITY'S WATER DISTRIBUTION SYSTEM 7 WHEREAS, the City of Vernon needs the services of a 8 consultant to provide a hydraulic analysis of the water distribution 9 system to determine the feasibility of operating the distribution 10 system as both an open to atmosphere and closed to atmosphere (without 11 elevated tank) distribution system (hereinafter referred to as the 12 "Hydraulic Analysis"); and 13 WHEREAS, on October 20, 2004, the City Council of the City 14 of Vernon adopted Resolution No. 8564 approving a Request for Proposal 15 for a Hydraulic Analysis of the Vernon Water Distribution System 16 ("RFP"); and 17 WHEREAS, the RFP was sent and responses were received from 18 Infrastructure Engineering Corporation, Boyle Engineering, URS and 19 Bookman-Edmonston, all of which were reviewed and evaluated by the 20 Community Services & Water Department; and 21 WHEREAS, the Community Services & Water Department deemed 22 Infrastructure Engineering, Corporation ("Infrastructure") to be the 23 lowest responsible qualified vendor submitting a proposal; and 24 WHEREAS, by letter dated March 31, 2005, Bruce V. 25 Malkenhorst, City Administrator/City Clerk, recommended that an 27 Hydraulic Analysis. 26 agreement with Infrastructure be approved and executed for the 28 / / / 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 2 CITY OF VERNON AS FOLLOWS: 3 SECTION 1: The City Council of the City of Vernon hereby 4 finds and determines that the recitals contained hereinabove are true 5 and correct. 6 SECTION 2: The City Council of the City of Vernon hereby 7 accepts the proposal of Infrastructure and approves the Services 8 Agreement, a copy of which is attached hereto .as Exhibit A and 9 incorporated by reference. 10 SECTION 3: The City Council of the City of Vernon hereby 11 authorizes the Mayor to execute said Agreement for, and on behalf of, 12 the City of Vernon and the City Clerk is hereby authorized to attest 13 thereto. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send one fully executed Agreement to: Infrastructure Engineering, Corporation Attn. Preston H. Lewis, Principal-in-Charge 14271 Danielson Street poway, CA 92064 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this Resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 13th day of April, 2005. ATTEST: . "df ~ r--- //~~.~ BRUCE V. MALKENHORST, City Clerk 1(~~~~~~~ ,/'_~9N I S C .MALB .. G, Ma y r - 2 - r 1 STATE OF CALIFORNIA ss 2 COUNTY OF LOS ANGELES 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, 5 do hereby certify that the foregoing Resolution, being Resolution No. 6 8711, was duly adopted by the City Council of the City of Vernon at a 7 special meeting of the City Council duly held on Wednesday, April 13, 8 2005, and thereafter was duly signed by the Mayor of the City of 9 Vernon. 10 11 12 ( SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - ~<~ BRUCE V. MALKENHORST, City Cler EXHIBIT A . . ,. . .eo SERVICES AGREEMENT This AGREEMENT ("Agreement") is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this .:::;, day of-Mareh, 2005, in the City of Vernon, County of Los Angeles, California April BY AND BETWEEN CITY OF VERNON, a municipal corporation, hereinafter referred to as the "City" 4305 Santa Fe Avenue V~~ California 90058 .INFRASTRUCTURE ENGINEERING, CORPORATION, an independent contractor, hereinafter referred to as the "Contractor" 14271 Danielson Street Poway, California 92064 AND RECITALS WHEREAS, the City has determined to retain the services of an independent contractor to perform a hydraulic analysis of the City's water distribution system; and WHEREAS, Contractor has prepared a proposal dated November 18, 2004, for the Services, a copy of which is attached hereto as Exhibit A and incorporated by this reference (the "Proposal"); and WHEREAS, Contractor represents that it is qualified and capable of furnishing the labor, materials and expertise necessary to perform the Services that the City requires, as set forth in this Agreement, and is willing to do so on the terms and conditions set forth below; and WHEREAS, the hydraulic analysis has been bid, and Contractor's cost proposal is acceptable to the City; and WHEREAS, the City desires to enter into an agreement with Contractor to provide the hydraulic analysis of the City's water distribution system on a contract basis as defined in the terms and conditions set forth below. NOW, THEREFORE, IT IS AGREED AS FOllOWS: Page 1 of 18 , . , . . . ." SECTION 1. TERM OF CONTRACT 1.01. This Agreement will become effective on 04/ ,.:,/05 ,and will continue in effect until such time as the City receives a final report of the hydraulic analysis for the City's water distribution system or until terminated as provided in this Agreement. SECTION 2. DEFINITION OF TERMS 2.01. Whenever used in the Agreement, the following terms shall mean: A. "Agreement" shall mean that formally executed Agreement or Contract which includes the Contract Documents attached. The Agreement constitutes the entire agreement between the parties relating to its subject matter. B. "City" shall mean the City of Vernon, California, the entity which has executed the Agreement and, where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. C. "Contractor" shall mean Infrastructure Engineering Corporation and where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. D. "Contract Documents" shall include any inquiry, invitation to bid, or proposal which may have, but not necessarily, preceded execution of the Agreement, and including the General Provisions and all exhibits and schedules attached to the Agreement and all plans and specifications identified in the Contract Documents. E. "Contract Price" shall mean the compensation set forth or provided for in Section 4.01 of this Agreement. Whether it expressly provides for the reimbursement of costs incurred by Contractor or simply for the payment of a lump sum of money, it is intended to be the full and complete payment for satisfactory completion of the Work and, unless otherwise stated, to cover all costs whether for materials, equipment, tools, labor, services and taxes and all overhead, rentals and profit or fee, if any. F. "General Provisions" or "General Conditions" shall mean the General Provisions as set forth in this Agreement. G. "Premises" shall mean the physical premises under City's control or ownership where Work hereunder is to be performed. Page 2 of 18 . . . . . . . H. "Proprietary Information" and "Confidential Information" shall mean all information, whether written or oral, which Contractor acquires from, through or on behalf of City, directly or indirectly, or which arise~ out of the Work, concerning the Work or proprietary processes involved in the Work including, without limitation, information concerning past, present or future business plans of City, information about the operations of City's Premises, and other City information or know-how obtained during the Work, except information falling into any of the following categories: 1. Information which, at the time of disclosure hereunder, is in the public domain; 2. Information which, after disclosure hereunder, enters the public domain, except where such entry is the result of Contractor's or any entity within Contractor's control breach of this Agreement; 3~ Information which, prior to disclosure hereunder, was already in Contractor's possession without limitation. regarding disclosure to others; or 4. Information which, subsequent to disclosure hereunder, is obtained by Contractor from a third party who is lawfully in possession of such information and not subject to a contractual or fiduciary relationship to City with respect to said information and who does not require Contractor to agree to refrain from disclosing such information to others. I. "Subcontractor" shall mean any first or lower-tier subcontractor and its employees, representatives, agents, subcontractors or other personnel who have been approved in the manner required by this Agreement. J. 'Work" or "Services" shall mean the work performed by Contractor and required to be performed from time to time by City under this Agreement. SECTION 3. SERVICES TO BE PERFORMED BY CONTRACTOR Specific Services 3.01. Contractor's Services shall include, but will not be limited to, providing a hydraulic analysis of the City's water distribution system, a distribution system operational assessment, pump and SCADA recommendations necessary for the distribution system to operate as a closed system and cost estimates for the recommended system improvements. The Contractor's Services are more specifically detailed Page 3 of 18 .. .. . . . .. in the Proposal attached hereto as Exhibit "A" and incorporated herein by this reference. 3.02. Contractor shall be responsible for traffic control on the Work site when necessary and shall take all precautions to ensure the safety of pedestrians, vehicular traffic, and personnel. Change of Services 3.03. City may at any time, by written change order executed by the City Administrator, make changes only to extend the Work duration and total compensation of Contractor's Work. Changes in the scope of Work, or duties and obligations, shall be authorized only by the City. 3.04. City may make "Changes" by increasing, reducing or deviating from the requirements of the scope of Work. A form of Change Order is set forth in Exhibit B attached hereto and incorporated by reference. Timing of Services 3.05. Contractor's Services shall commence upon the execution of this Agreement by both parties and award by the City Council and shall end at such time as the City receives a final report, in a form acceptable to the City, of the hydraulic analysis of the City's water distribution system, a distribution system operational assessment, pump and SCADA recommendations necessary for the distribution system to operate as a closed system and cost estimates for the recommended system improvements, unless this Agreement is otherWise terminated according to Section 6 of this Agreement or extended according to the conditions and terms set forth in this Agreement. 3.06. Time is of the essence for all Work contemplated by this Agreement. Contractor shall start performing Services under this Agreement only after notification by the City. Method of Performing Services 3.07. Contractor will determine and is responsible for the method, details, and means of performing the above-described Services. Status of Contractor 3.08. Contractor enters into this Agreement, and will remain throughout the term of this Agreement, as an independent contractor. Contractor agrees that it is not and will not become an employee, partner, agent, or principal of City while this Agreement is in effect. Contractor agrees it is not entitled to the rights or benefits Page 4 of 18 "'. ",,- . 'S- afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, and other insurance, worker's compensation, training, permits, and licenses for itself and for its employees and subcontractors. Contractor shall have complete and sole control over its employees, the details of the Services and methods by which the Services are accomplished, it being understood that City is interested only in the results to be obtained by Contractor. 3.09. Contractor has no authority to enter contracts or agreements on behalf of City. This Agreement does not create a partnership or joint venture between the parties. Payment of Taxes 3.10. Contractor is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by City to the Contractor for Services under this Agreement. Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor's failure to comply with this provision. 3.11. Payroll taxes including federal, state and local taxes shall not be withheld or paid by City on behalf of Contractor or for the employees of the Contractor. Contractor shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax purposes. Contractor shall be responsible to pay taxes mandated by law. 3.12. Since Contractor is not an employee of City, Contractor is not eligible for and shall not participate in any employee benefit of City, including pension, health or other fringe benefits. SECTION 4. COMPENSATION 4.01. In consideration for the Services to be performed by Contractor, described in Section 3 of this Agreement, City agrees to pay Contractor the sum of Sixty Three Thousand Six Hundred Fifty Nine and no/100 Dollars ($63,659.00) (the "Contract Price"). City also agrees to purchase a hydraulic computer model used to facilitate the original analysis for the amount of Eight Thousand Eight Hundred Eighteen and no/100 Dollars ($8,818.00). Entire Compensation 4.02. The Contract Price is full and complete compensation, and constitutes the entire compensation due Contractor for the Services and any and all of Contractor's Page 5 of 18 -.-,. &~~ obligations hereunder, regardless of difficulty, unforeseen circumstances, hours worked or equipment, materials or personnel required. The Contract Price includes without limitation compensation for applicable taxes, customs duties, fees, overhead, profit, travel time to and from the Premises and all other direct and indirect costs incurred or to be incurred by Contractor hereunder. The Contract Price set forth above is not subject to escalation for any reason except as expressly set forth in this Agreement. No adjustments in compensation shall be made as a result of changes in the value of any currency. The Contract Price shall only be adjusted by formal, written Change Order or amendment to this Agreement. Payment of Cornpensation 4.03. For Services rendered under Section 3 of this Agreement, City agrees to pay Contractor the sum set forth in Paragraph 4.01 of this Agreement on completion of Work and within thirty (30) days of acceptance and approval of an invoice prepared in accordance with City requirements. 4.04. For Services rendered under Section 3 of this Agreement, Contractor shall be entitled to receive monthly payments. Contractor shall submit to City a monthly invoice and statement of Services, prepared in accordance with City requirements, by the fifteenth (15th) of each month, for the prior calendar month's completed Work. City will make payments to Contractor within thirty '(30) days after acceptance and approval of the invoice received from Contractor. 4.05. Contractor shall be responsible for paying any subcontractors used in the performance of this Agreement. Subcontractors shall not bill the City directly. Expenses 4.06. City shall not be liable to Contractor for any expenses paid or incurred by Contractor. Expenses may only be billed if advance written approval has been obtained from the City Administrator. Compensation for Changes 4.07. The compensation due Contractor, or the credit due City, for changes may not be established verbally, and shall be established in a written change order signed by City as described in Sections 3.03 and 3.04 of this Agreement. Compensation adjustments in each such change order shall be established by one or more of the following bases, as determined by City: (a) a lump sum price to be negotiated between the parties; or (b) Work unit rates to be negotiated between the parties. Once established, the amount of the compensation due Contractor or credit due City for a change shall not be subject to adjustment for any reason, including changes in the value of any currency. Page 6 of 18 . . . . ... SECTION 5. OBLIGATIONS OF THE PARTIES 5.01. Contractor is responsible for meeting all conditions of this Agreement and City Standards & Details for all Work performed. Substandard Work, as determined solely by the City, shall be redone at the expense of the Contractor. Products of Consulting 5.02. All products of consulting services including, but not limited to, manuals, documents and/or computer software, shall become the property of the City and shall be delivered to the City before the end of the performance of this Agreement. Basic notes and sketches, charts, computations and other data shall be made available to City without restriction or limitation on their use. Liability Insurance 5.03. Contractor and its subcontractor(s), if any, shall, prior to commencement of any Work and for the duration of this Agreement, obtain and maintain at its own expense, those minimum levels of insurance coverage as set forth below. Prior to commencing Work hereunder, Contractor shall provide the City with proof of insurance providing and maintaining the coverages and endorsements set forth below. Said proof of insurance shall also provide that said policy or policies shall not be canceled or materially reduced in coverage without giving at least thirty (30) days prior written notice to the City. 5.04. The insurance coverage as listed herein, shall be properly endorsed to include those contractual obligations which may be identified further within' this Agreement and shall be endorsed to provide City all the rights and privileges of an additional insured. 5.05. Contractor shall cause its insurers to issue, including but not limited to, Certificates of Insurance or, upon request, certified copies of the insurance policies evidencing that the coverages and policy endorsements required under this Agreement, are maintained in force. 5.06. Contractor shall ensure its subcontractor(s), if any, maintain those insurance requirements as specified in this Agreement and are endorsed as additional insured(s) on all required Contractor insurance coverages. Contractor and its subcontractor(s), if any, shall maintain in effect the following minimum insurance coverages on an Occurrence Form Policy: A. Workers Compensation within the statutory limits, including occupational illness or disease coverage in accordance with the laws of the nation, state, territory, or province exercising jurisdiction over Contractor's employees. Workers Compensation and Employers Liability Insurance Page 7 of 18 . - .. . .- shall have a minimum limit of $1,000,000 per occurrence. Contractor further agrees to hold harmless and indemnify City for any and all claims arising out of an injury, disability, or death of any of Contractor's employees or agents. B. Comprehensive General liability Insurance, including, but not limited to, Contractual liability, Products and Completed Operations liability, Broad Form Property Damage and Bodily Injury liability, and Explosion, Collapse and Underground Liability, with a minimum combined single limit of $2,000,000 per occurrence. C. Comprehensive Automobile Insurance, including, but not limited to, all owned, non-owned or hired vehicles with a minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage. D. Excess liability Insurance with limits of $2,000,000. Such evidence of insurance can either be through the primary insurance coverages or through an excess policy. Such insurance shall at all times be on an occurrence form and provide policy conditions as broad as those required in the primary insurance. 5.07. Contractor agrees to provide insurance in the amounts and forms specified above. Contractor shall submit to the City documentation indicating compliance with these minimum requirements no Jess than one (1) day prior to the beginning of performance under this Agreement. Contractor shall not commence performance of its Work under this Agreement until the above insurance has been obtained and proof of insurance has been filed with and approved by the City. 5.08. Contractor shall not permit a subcontractor or vendor to perform work on City premises unless and until a certificate of insurance is obtained showing that such subcontractor or vendor has worker's compensation coverage. If Contractor employs subcontractors as part of the Services rendered, Contractors protective coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth above. Representations 5.09. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City and its elected officials, officers, agents and employees from all claims, suits, actions, demands, damages, liabilities, expenses, judgments, settlements, and penalties, losses, fines, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and all costs of defense, arising out of or attributable to the negligent or wrongful acts of Page 8 of 18 .II... -.. ",# Contractor or its employees or agents under this Agreement, except to the extent arising from or caused by the sole negligence or willful misconduct of the City, its officers, agents or employees. The terms of this indemnity shall survive the termination of this Agreement. The obligations in this Paragraph are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. 5.10. Contractor and City represent that each has read and understands the Agreement and Contract Documents. The Contractor represents it understands the City's regulations concerning Premises access, badges, parking, security, safety, fire, prohibited drugs and alcohol, and smoking and other rules, and that Contractor has visited Premises where the Work is to be done and is familiar with the local conditions under which it is to be cfone. Contractor also represents that it is experienced in performing and competent and qualified to perform the kind of tasks or assignments included in the Work and employs or has available for employment in sufficient numbers all unskilled, skilled, administrative, supervisory, professional and managerial or other personnel required to perform the Work as required by this Agreement. 5.11. Contractor represents that it has the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of City. This means Contractor is able to fulfill the requirements of this Agreement. Failure to perform all the Services required under this Agreement constitutes a material breach of the Agreement. Contractor has complete and sole discretion for the manner in which the Work under this Agreement will be performed. 5.12. Contractor declares and states that is has complied with and will continue to comply with all federal, state and local laws regarding business permits and licenses that may be required to carry out the Services to be performed under this Agreement. 5.13. Contractor agrees to indemnify, defend, and hold City free and harmless from all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties, attorney's fees and costs, that City may incur as a result of a breach by Contractor of any representation or provision contained in this Agreement or any negligent or intentional acts or omissions by Contractor, it subcontractors, agents, and employees or based on any claim that any software program or other product used or furnished by Contractor in the performance of this Agreement constitutes an infringement of any United States patent or copyright. 5.14. Contractor's rights under this Agreement may not be assigned nor may its duties be delegated or subcontracted without the prior written consent of City. Any assignment or delegation or subcontract in violation of this Section shall, at City's Page 9 of 18 .. . ",. . .Ii sole discretion, be void. Consent by City shall not relieve Contractor of responsibility for performance of Contractor's obligations hereunder. City may assign all or any part of this Agreement at any time effective immediately upon written notification to Contractor. 5.15. At all times while Work is being performed on the Premises each party shall be represented thereon by a designated representative. Each party may notify the other in writing of the identity of such persons from time to time. Work Injury 5.16. The treatment and care of injuries sustained by Contractor's employees, subcontractors, representatives or other personnel shall be and remain the responsibility of Contractor. City's first aid facilities, if any, however, will be made available to Contractor's employees in emergency cases which are the direct result of accidents occurring on the Premises. City shall incur no liability for, and Contractor hereby agrees to indemnify City against, any causes of action, claim, liability or costs, including attorney's fees, arising in whole or part out of the furnishing of such first aid facilities or assistance to Contractor's employees, subcontractors, representatives or other personnel, or out of the failure to furnish such facilities or assistance. Records, Inspection and Audit 5.17. During the course of Work being performed, Contractor and any of its subcontractors, shall maintain and retain, not less than three (3) years after completion thereof, complete and accurate records of the Contractor's costs which are chargeable to the City under this Agreement. City or its designated, authorized representatives, shall have the right during this three (3) year period, upon written reasonable notice, to inspect and audit those records. Such records to be maintained and retained by the Contractor shall include: (a) payroll record accounting for the total time distribution of the Contractor's employees working full or part time on the Work (to permit tracing to payroll payments in cash); (b) invoices for purchases, receiving and issuing documents, and all the other unit- inventory records for the Contractor's stores, stock or capital items; (c) paid invoices and canceled checks for material purchased and for the subcontractor's and any other third parties' charges; and (d) any other documentation City deems necessary to support costs and charges under this Agreement. Corporate Conduct 5.18. Contractor, its employees, agents or representatives shall not offer or give to an officer, official or employee of City gifts, entertainment, payments, loans or other gratuities to influence the award of a contract or obtain favorable treatment under this Agreement or any other contract. Page 10 of 18 . . .. .. ? Standard of Care 5.19. Contractor agrees that all Services provided will be conducted by the principal and competent staff members, if any, under the supervision of the principal, and that Services will be performed and rendered diligently. Contractor represents that it has, or shall secure, at its own expense, all personnel required to perform Contractor's Services under this Agreement, but at all times shall be responsible for the Services of such personnel. Contractor may not employ any subcontractor without the prior written approval of the City. Indemnity Process 5.20. The City shall notify Contractor in writing of any suits, claims or demands covered by any indemnity contained in this Agreement. Promptly after receipt of such notice, Contractor shall assume the defense of such claim with counsel reasonably satisfactory to City. If Contractor fails, within a reasonable time after receipt of such notice, to assume the defense with counsel reasonably satisfactory to City, or if, in the reasonable judgment of City, a direct or indirect conflict of interest exists between the parties with respect to the claim, or if in the sole judgment of City the assumption and conduct of the defense by Contractor would materially and adversely affect City in any manner or prejudice its ability to conduct a successful defense, then the City shall have the right to undertake the defense, compromise and settlement of such claim for the account and at the expense of Contractor. Notwithstanding the above, if the City in its sole discretion so elects, City may also participate in the defense of such actions by employing counsel at its expense, without waiving the Contractor's obligations to indemnify or defend. Contractor shall not settle or compromise any claim or consent to the entry of any judgment without the prior written consent of the City and without an unconditional release of all liability by each claimant or plaintiff to the City. Treatment of Confidential and Proprietary Information 5.21. For ten (10) years after the effective date of this Agreement, Contractor shall refrain from using any Confidential or Proprietary Information except in connection with the Work or from disclosing it to any third party other than to employees of Contractor who require it in performance of the Work and except to such other third persons as City may authorize in writing. If disclosure to such an employee or to other third persons is so authorized, Contractor shall enter into with said party a confidentiality agreement containing provisions with respect to use and disclosure of Proprietary Information substantially the same as those contained in this Agreement. 5.22. Contractor shall take reasonable precautions to safeguard any documents containing Proprietary Information which City may supply to Contractor Page 11 of 18 "..,.i1< __ ..' hereunder. Contractor may copy, in whole or part, such documents to the extent necessary for the performance of the Work, and Contractor shall return to City upon the completion of the Work or request by City all such documents and copies. 5.23. Except as expressly permitted by prior written consent of the City, Contractor and/or its subcontractors shall not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other means, any part of such Confidential Information to any other person or entity. Contractor and/or its subcontractors shall return any written Confidential Information and all copies made of such items to the City upon the City's written request, but in any event not later than the date that Contractor has performed all Work to be performed pursuant to this Agreement. Contractor hereby agrees that such Confidential Information and any documents provided may be used by Contractor and/or its subcontractors only as authorized by the City. Contractor shall include a provision in its agreements with subcontractors that binds the subcontractors to this non-disclosure requirement. 5.24. All reports, plans, data, studies, maps, drawings, models, photographs, documents and other writings prepared by and for Contractor, its officers, employees, agents and subcontractors in the course of implementing this Agreement, with the exception of working notes, internal documents and Confidential Information provided by businesses located. in City, shall be considered the property of City. Contractor shall deliver such documents and materials to the City as they are generated; however, Contractor may take and retain copies of said documents and materials that are not Confidential Information, as desired. 5.25. All reports, information, data and exhibits prepared or assembled by Contractor in connection with the performance of its Services pursuant to this Agreement are confidential until released by the City to the public and Contractor agrees that such documents shall not be available to any individual or organization without the written consent of the City prior to such release. 5.26. No reports, maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Contractor. Compliance with Authority 5.27. Contractor shall comply with all laws, regulations, executive orders and other applicable requirements of any governmental agencies having jurisdiction including the Fair labor Standards Act, the Occupational Safety and Health Act and all those relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any Page 12 of 18 -r..", 6.j1 applicant for employment for reasons of race, color, creed, religion, sex, sexual preference, age or national origin. 5.28. Contractor shall make timely payment of all employment taxes and of all social security and other contributions of every kind required to be made with respect to or measured by the wages and salaries of persons employed by Contractor. 5.29. Contractor shall indemnify City against, and hold City harmless from, any liability or loss including liability or loss from fines or penalties arising out of Contractor's failure to perform the obligations imposed upon it by Sections 5.28 and 5.29 of the Agreement. Progress Reports 5.30. Contractor shall meet with City staff, upon City's request, or as needed, in order to provide reports or information concerning the Services being performed by Contractor under this Agreement. Contractor's License Classification 5.31. Contractor shall possess all appropriate licenses for the duration of this Agreement. SECTION 6. TERMINATION OF AGREEMENT 6.01. Unless otherwise terminated as provided in this Section, this Agreement will continue in effect until such time as the City receives a final report of the hydraulic analysis for the City's water distribution system a distribution system operational assessment, pump and SCADA recommendations necessary for the distribution system to operate as a closed system and cost estimates for the recommended system improvements, unless otherwise extended according to the terms and conditions set forth in this Agreement. Non-Default Termination 6.02. City, at its sole discretion, may terminate this Agreement upon thirty (30) days written notice to Contractor and such termination shall be effective in the manner specified in such notice and shall be without prejudice to any claim that either party may have against the other. During the thirty (30) day period after such notice is sent, the parties shall continue to act toward each other in good faith. 6.03. In the event of any such termination, in full and complete settlement for the termination of the Work, City shall pay Contractor for those Services performed prior to the date of delivery of the termination notice, plus compensation for (i) Page 13 of 18 . . , . .,' necessary Work performed during the notice period and authorized in the termination notice, and (ii) all costs reasonably and necessarily incurred by Contractor directly attributable to termination which could not reasonably have been avoided and for which Contractor is not otherwise compensated that are incurred through the date of termination and effectuating the termination ("Termination Expenses"). Termination Expenses shall not include lost profits, lost opportunities, consequential damages, or the like. In no event shall total payment exceed the Contract Price. Termination on Occurrence of Stated Events 6.04. This Agreement will terminate automatically on the occurrence of any of the following events: A. Bankruptcy or insolvency of either party; or B. Sale of the Contractor; or C. Assignment of this Agreement by Contractor without City's written consent. Termination for Default 6.05. If Contractor defaults in the performance of this Agreement or materially breaches any of its provisions, City may immediately terminate this Agreement by giving written notification to Contractor indicating the effective date of such termination. Termination will take effect immediately upon the date specified in the notification. For the purposes of this paragraph, material breach of this Agreement includes, but is not limited to, the following: A. Contractor's failure to perform, in a manner satisfactory to the City in its sole discretion, the Services specified in Section 3 of this Agreement; or B. Contractor's material breach of any obligation or provision contained in Section 5 of this Agreement. 6.06. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. Page 14 of 18 . . .. ... )?" 6.07. In the event of any termination of this Agreement or reduction in the scope of the Work, Contractor shall not be entitled to damages for loss of profits for the unexecuted portion of the Work or any other damages because of such termination or reduction. SECTION 7. GENERAL PROVISIONS Notices 7.01. All notices, approvals, consents and other communications between the parties shall be in writing, and shall be sent by fax or by certified mail (return receipt requested) to the respective addresses set forth below, or at such other address as may be furnished by either party to the other in writing. Faxed notices, confirmed by copy thereof, shall be deemed communicated as of the day the facsimile was sent. Mailed notices will be deemed communicated as of the day of receipt or the third (3fd) day after mailing, whichever occurs first. Contractor - Infrastructure Engineering Corporation Attn: Preston H. Lewis, Principal-in-Charge 14271 Danielson Street Poway, CA 92064 Fax: 858-413-2440 Telephone: 858-413-2400 City - City of Vernon Attn: Bruce V. Malkenhorst, City Administrator/City Clerk 4305 Santa Fe Avenue Vernon, CA 90058 Fax: 323-826-1438 Telephone: 323-583-8811 ext 260 Entire Agreement of the Parties 7.02. This Agreement supercedes any and all agreements, either oral or written, between the parties with respect to the rendering of Services by Contractor for City and contains all of the representations, covenants, and agreements between the parties with respect to the subject matter of this Agreement and the rendering of those Services. Each. party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement or a subsequent amendment or change order shall be valid or binding. No amendment or change in the provisions of this Agreement shall be made, except in a formal written amendment signed by Contractor and an authorized representative of the City, or in a written change order. Contractor expressly waives all claims for compensation based upon quantum merit, implied contract or oral contract. Each party represents and warrants that it has read and fully familiarized itself with this Agreement, and that Page 15 of 18 . . . . . ... such party has been fully authorized to sign this Agreement. 7.03. This Agreement shall be comprised of these included provisions, together with Exhibits A and 8, which are all attached. In the event of conflict between this Agreement and any of the exhibits, including the Proposal, this Agreement shall prevail. Partial Invalidity 7.04. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. Law and Arbitration 7.05. All disputes arising out of or related to this Agreement, the conduct of either party in connection with this Agreement, and the relationship and rights of the parties in connection with this Agreement, whether characterized as breach of contract, tort, or otherwise (except for those requesting injunctive relief) shall be determined by binding arbitration in accordance with the terms of this Section. The submittal of all matters to arbitration in accordance with the terms of this Section is the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under this Agreement, except for claims by either party which seek injunctive relief, which claims shall be resolved by suit filed in the Superior Court of Los Angeles County, California, the decision of which court shall be subject to appeal pursuant to applicable law. The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in accordance with the terms of this Section, relying on arbitration as the sole means of resolution of disputes. Arbitration of all matters required to be arbitrated hereunder shall take place before a panel of three retired judges of the Superior Court of the State of California (the "Arbitrators") under the auspices of Judicial Arbitration & Mediation Services, Inc. ("JAMS"). Such arbitration shall be initiated by the parties, or either of them, within ten (10) calendar days after either party sends notice of a demand to arbitrate (the "Arbitration Notice") to the other party and to JAMS. The Arbitration Notice shall contain a description of the subject matter of the arbitration, the dispute with respect thereto, the amount involved, if any, and the remedy or determination sought. Each party shall select a retired judge from the JAMS panel, and the two selected judges shall mutually agree on the third retired judge from the JAMS panel. If one of the parties does not select a retired judge from the JAMS panel within fourteen (14) calendar days after receipt of the Arbitration Notice, JAMS will select the second judge, and the judge selected by JAMS and the judge selected by the other party will select the third judge for the panel. The third judge is to be selected within ten (10) calendar days following the selection of the first two judges. The three judges will together serve as the Arbitrators. Page 16 of 18 "111.- ". J The arbitration shall be conducted in Los Angeles, California. Any party may be represented by counsel and/or other authorized representative. In rendering a decision(s), the Arbitrators shall determine the rights and obligations of the parties according to the substantive and procedural laws of the State of California and the terms of this Agreement. The decision of the Arbitrators shall be based on the evidence introduced at the hearing and accompanied by a written statement of decision as to each of the principal controverted issues. The agreement of two of the three Arbitrators as to the resolution of the dispute shall be a conclusive resolution. The Arbitrators shall deliver the written decision to the parties within thirty (30) calendar days following the date of the selection of the last of the Arbitrators. The decision shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the Superior Court of the State of California, subject only to challenge on the grounds set forth in the California Code of Civil Procedure Section 1286.2. The validity and enforceability of the decision of the Arbitrators is to be determined exclusively by the California courts. Attorney's Fees 7.06. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys' fees and actual costs, which may be set by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. 7.07. Neither party shall be considered in default in any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state,or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. 7.08. Except as may otherwise be specifically provided herein, this Agreement may be modified or amended only by a written document executed by both Contractor and the City and approved as to form by the City Attorney. 7.09. The captions used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of the Agreement or any part Page 17 of 18 .we. -a.~~ thereof. 7.10. City reserves the right to award similar contracts to multiple contractors to ensure the City has adequate services. IN WITNESS WHEREOF, the.parties have executed the Agreement on the dates shown below. Executed at Vernon , California, on April;, 2005 City: City of Vernon Name: Leonis C. Malburg, Mayor Date: ATTEST: Bruce V. Malkenhorst, City Clerk APPROVED AS TO FORM: Eric T. Fresch, City Attorney Contractor: Infrastructure Engineering Corporation ~~~. Title: Pk8HL1~r- Date: .>1 ~~?t~~ Date: 3/23/0)' I Page 18 of 18 EXHIBIT A J.. ,., . t,,' . It' ," ..~ .' . . . . " r -, ( Infrastructure .Engineering Corporation November 18, 2004 Mr. Samuel Kevin Wllso~ P.E. Director of Community Services & Water City ofVemon 4305 Santa Fe Avenue Vemon, CA 90058 RE: Fee Proposal for, City of V emon Hydraulic Analysis Dear Mr. WIlson: Infrastructure Engineering Corpotation (IEq is pleased to provide the ericlose~ cost proposal to provide a hy~ulic analysis of the water distribution system. The proposed scope of services for the project is described in our proposal. We sincerely appreciate the opportuiUty to provide thispr~posal and assist the Gty with this project. Please contact meat (858) 413-2400 should you have any questions or need further infonnation. .~~. z.. . wis, P.E. Prilldpa/-ill:.aarge 14271 Danielson Street, Poway, California 92064 T 858.413.2400 F 858.413,2440 www.iecorporation.com III ~!. ,1),- ;.;. <(:I ~ I I, I I .1. I . is j ~c -J'~ ~ ci ~ i:& "':.2~ 1&.'1- iS~ .. " I << . . s ~ j ~~~!llljj~ ! J J~ 8 ! 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E s . ! ! ~ l ~i j :J G.. j (J i c ~ :& ! ,-lfi " ~ ~ = t: _.~ !~ /1- .,'i'. .. .. ". 'l!~,!Qi ~l... ~. ~ ..... ii ,~,/., . .i '_.~ -. '. ~ ,- /. ~.. ,.'. W,' j~/*, .1,9; ," ~, ,i,', .,,~ I -->a -" ,:,:j --.../ _.,,~ , '- "~'~~I" i '. "'---.-.t -. ~.. ~.,'lill!"" ," ~'..~. W.I. ~"._-"; ../.: " -~, /r ,.... ~ , / I ! /e 8" P'RVJ 98 p . 14" PRV = 85 psi 14" PRV = 80 psi . , . . . . . . . . . . . . . ". ./ .- r . Infrastructure Engineering Corporation .November 18, 2004 Mr. Samuel Kevin Wdson, P.E. Director of Community Services & Water City of V emon 4305 Santa Fe Avenue Vernon, CA 90058 Reference: City of V emon Hydraulic Analysis Dear Mr. Wdson: "Infrastructure Engineering Corporation (IEq is ideally suited to deliver a successful hydraulic analysis project to the City of Vernon (City). lEC is .a mid-sized firm that was founded with the express purpose to serve agencies such as the City of Vernon. Our team understands the key components that will make this a successful project By addressing each .of these issues, we will deliver not only a successful water distribution system model, but a detailed report that will allow the City's engineering. operations, and management staff to make informed decisions regarding the possibility of chllflging the operation of the water system to a closed system. Our Approach sections discuss our practical, creative ideas to completing a successful hydraulic analysis project ' The "can do" project team we have proposed brings together an outstanding group of professionals with an unparalleled track record of project delivery. We have committed Mr Scott Humphrey, P .E., to this project as a "hands on" Project Manager. He will not only lead the master plan study and coordinate all activities with City Sta.ft: but he will also be responsible for tJte technical execution of a significant portion of the work. .Devoting this senior level of experience to the City's Master Plan project ensures that the work will be performed efficiently, in a timely manner and at a high level of 'quality. Here is what we offer to the City: ~ A team led by Mr. Scott Humphrey who brings over 12 years of experience managing water, wastewater and reclamation hydraulic modeling and master planning projects. ~ A project manager with extensive hands-on experience in hydraulic modeling and geographic information systems (GIS). . ~ Recent hydraulic analysis and operational assessment experience with the City of Mountain View. ~ A commitment to the City to provide support on the hydraulic model after the completion of the project, if desired by the City. Our highly skilled technical team is balanced with professionals who will ensure the overall project is a success. Our commitment is sincere and goes beyond this proposal; we will work diligently to see this project through to completion. Thank you for your consideration. Sincerely, J.4q~~ Scott Humphrey, P.E. . Senior Project Manager 14271 Danielson Street, Poway, Califor~ia92064 T 858.413.2400 F 858,.413.2.440 www.iecorporation.com . . . . .~ . ; r~ " ~ (') s. i . ". tn c a :J I) ~ t L <Co .,;,. .; --.. Executive Summary Background The City of Vernon Water Department currently serves potable water to approximately 1075 customers in the City of Vernon. The City's distribution system consists of approximately 250,000 lineal feet of water pipeline ranging in diameter from 4" to 20", three booster pump stations, nine wells, six ground level reservoirs, one below ground reservoir and one elevated tank. . A recent analysis was performed that analyzed the seismic:: integrity of the elevated tank. The results of the seismic analysis indicate that although the tank structure itself is structurally sound, the support system for the tank is not adequate, based upon the seismic evaluation. The City is soliciting proposals from qualified consultants to develop a hydraulic model of the water distribution system and perform a hydraulic anaiysis that evaluates the improvements necessary to take the elevated tank out of service, thus changing the operation of the water distribution from an open to atmosphere system(i.e. with the elevated tank) to a closed to atmosphere system (i.e. without the elevated tank). Approach Summary Our approach to this project relies on a few key components that we feel are critical to the overall success of the hydraulic model development, hydraulic analysis, and ultimately the system recommendations. Our approach relies heavily on integrating the City's existing geographic information system (GIS) into the hydraulic model to streamline the model development and results analysis phase of this project. An important component of this project will be to select a hydraulic modeling software application that not only meets the City's current needs with this project, but also will meet the City's future modeling and planning needs. We have included in our Scope of Work two optional tasks; one for the purchase and installation of the hydraulic modeling software and one for training City staff on the use and operation of the hydraulic model We have provided these optional tasks if the City desires to have the model upon completion of this project for their continued use. Another important point for the City to be aware of is that a hydraulic model is one of the critical first components of a water master plan. As such it is important to develop the model in such a tnanner that if the City does desire to undertake a full scale water master plan project in the future, the model will be easily updated and can fit the needs of the master plan. For this reason, lEe is taking a master plan approach to this project. Doing certain tasks today with this in mind, we can make the model "smart" for tomocrm.v. It is important to note that this master plan approach does not alter the end product for this project; it simply means that by approaching the modeling tasks with this in mind, we can do some simple things that make the model more user-friendly for a potential master plan. Our GIS integration and parcel-level loading approaches, described further in our Approach section, will not only save time and money on this project, but will also easily streamline into a future master plan, if the City ever desires to undertake a full water master plan project. IEC 1 . . . . ~~ -- Another critical component of this project is the potential for the City to transition to a pumped system whereby the existing pump stations would need to be retrofitted with variable frequency drives (VFDs) in order to match system demands. IEC has extensive experience in successfully addressing and resolving all these issues through careful planning and thought and application of creative thinking to develop the best solution for oUr clients. We will leverage this experience on the City's project to develop a pump station solution that meets your needs. Finally. this project must address SCADA system upgrades to allow the water system to be as "automated as possible.)) We have added the services of JSP Automation to perform the SCADA system assessment and make system recommendations relating to this project. lEC is currently working with JSP Automation on the Graham Reservoir . Project in Mountain View; California. Project Team The project team we have assembled brings together an outstanding group of professionals with an unparalleled track record of project delivery. Our project team has recent significant experience in developing' system improvements and recommendations for a closed to atmosphere system with the Graham Reservoir Project in Mountain View; CA. After updating Mountain View's water system hydraulic model. IEC performed an operational assessment of the City's distribution system and recommended a set of distnbution system settings for the optimum operation of the proposed Graham Reservoir. As the City proceeds with the findings and recommendations of this study, it becomes increasingly important that the improvements defined can actually be constructed. These improvements must go beyond the typical "planning-level)) reCommendations to ensure the results and findings can actually be implemented. lEC has extensive experience in'thedesign and construction of infrastructure projects and we have added design professionals to our team that will perform systems evaluations, develop recommended improvements. and develop construction cost estimates. We will use the hydraulic model combined with our significant design and construction experience to develop a plan that can be implemented. Project Schedule We have developed a proposed project schedule and it is included with our Proposal. We have assumed a project start date of February 1, 2004. The proposed project duration is approximately 5 months. IEC has verified the time allocation of our staff and the proposed project team is available to begin work immediately. IEC is committed to honoring this dedication of manpower and looks forward to providing the personnel and service to the City during this hydraulic analysis project. Additional resources are available within the firm if required to support this important City project. IEC ." +~ ..~ f ' "'-. c: :::s ~t ,,;1 as' m:::S (')c. :1"5" (Q Act . . ,. ... ,- I Project Understanding and Approach Project Understanding The Oty of Vernon currendy operates a water distribution system that is comprised of 3 pump stations that pump to a 0.75 MG devated tank. Aseismic analysis was performed that analyzed the seismic integrity of the devated tank. The results of the seismic analysis indicate that although the tank structure itself is structurally sound, the support system for the tank is not adequate, based upon the seismic ewluation. Therefore, the Oty is requesting that a hydraulic modd be developed to analyze the . water distribution system with and without the elevated tank in service (i.e. existing system versus closed system). The results of the hydraulic analysis will then be used to determine the improvements necessary for the Oty to operate a closed system, without the devated tank in service. These improvements will include pump station modifications to accommodate VFD pumps and SCADA system upgrades that address automating the operation of the water distribution system. Staff has indicated that their desire is to have a high quality. cost-effective system that is as automated as possible. It is, our understanding that the Oty wants to develop a phased system that identifies a prioritized list of capital improvements necessary to accommodate the potential closed system. This prioritized list will identify critical facilities that will be required immediately and then will prioritize the remaining facilities, avoiding the need to construct all recommended improvements immediatdy. The Oty currendy has a GIS system that includes their existing water facilities. It is .our understanding that this GIS will be made available during the project to build the water distribution system hydraulic modd. The Otydoes not currendy maintain a water system hydraulic modd and is looking for the sdected Consultant to sdect a software modeling package and devdop a water distribution system model for the purposes of this project. It will be important that the hydraulic modd meets the City's modeling needs for this project, but also integrates with future applications. GIS integration is a key component of keeping the hydraulic modd up to date. The model should also be devdoped in such a manner that it can easily be streamlined into a Water Master Plan, should the Oty desire to undertake one in the future. The existing SCADA system incorporates a Quindar SCADA monitoring and control system employing direct PLC controls communicating via a Oty fiber optic communications ring. The existing SCADA control systems are to be evaluated and assessed based on the requirements of a hydraulic system modd to provide for enhanced monitoring and control of the Water Distribution System. The results from this modd will be utilized to address the SCADA modification and enhancement requirements for a fully automated monitoring and control system to achieve the desired operational parameters. Along with the assessment, the existing SCADA system will be evaluated based on the latest technology models for SCADA system operation and deployment. The assessment will ewluate the communications systems, SCADA software and PLC . controls based on the latest Microsoft Operating System topolog}70 This assessment will address the requirements for existing system enhancements or replacement options IEC J. ,) i) t Il . . . . . . . . . . . . . . . .. . .~ based on current technology models for expansion, operation enhancement and maintenance. In summary, this project should meet the City's main objective of establishing a set of system improvements necessary to potentially take the elevated tank out of service, while also giving the City a set of tools by which to analyze and maintain their water distribution system in the future. Pr.oject Objectives Our general approach to the proposed effort is to maximize and leverage the collective knowledge of the City's management, engineering and operations staff with our team's significant experience on similar projects so that the evaluation remains on track and satisfies the City's expectations for the depth and range of evaluation as well as the quality of the work products and the overall project schedule. We intend to summarize the results of the key tasks and meet with the City before the next task is initiated By'proceeding in this deliberate mannet; the City will be able to continuously monitor the progress and assumptions of these important evaluations. The results of the hydraulic analysis must identify and provide clear recommendations for improvements. The foundation for this analysis will be a detailed hydraulic model of the water system calibrated against accurate water demand information. The product from the analysis will be a prioritized list of recommended improvements. There are a number of key project objectives that our team will address: ~ Select a water hydraulic modeling software package for use on this project that will meet the City's current and future modeling needs. ~ Develop a water distribution system hydraulic model using the City's existing water system GIS data~ . ~ Obtain existing water demand and distribution system data to develop tight model calibration, and a more detailed understanding and prioritization of existing operational issues. ~ Identify a prioritized set of recommended improvements for changing the operation of the water system to a closed system. }> Develop a phasing plan for improvements that identifies critical improvements and future improVements. ~ Develop a calibration plan and conduct water system testing so that a high level of hydraulic model cali~ration is achieved. ~ The City is considering transitioning to a pumped system whereby the existing pump stations would need to be retrofitted with variable frequency drives IEC ,\ Ji ) . . . . . t . . . . >> >> , ~ ." . ..# r ~,....-.. (VFDs) in order to match system demands. This project needs to successfully address and resolve -all of the issues through careful planning and thought and application of creative thinking to develop the best solution for the City. ~ Evaluate and Assess Existing SCADA Monitoring and Control Systems ~ Provide a SCADA and PLC Automation Plan for Complete System Automation ~ Provide a SCADA System Enhancement Recommendations Plan based on current technology and the latest SCADA Integration Standards for a Wmdows Based Enterprise Solution. ~ Identify improvement projects that are cost-effective, technically feasible and address both capacity constraints and operational issues. ~ Deliver a clear and concise report that provides the City with the information necessary for sound decision-making relating to the findings of the study. By addressing each of these issues, mc will deliver not only a successful project, but new tools and methods that will empower the City's engineering. operations, and management staff to perform their duties more effectively -and efficiendy in the future. To accomplish these. objectives, there are several key approaches that we will utilize for this project, which include hydraulic model software selection, GIS integration, hydraulic model integration, parcel-level loading. project schedule, constructability reviews and training. We have included our approach to the key issues we feel are critical to the sUccessful completion of this project in the fonowing sections. Hydraulic Model Software Selection IEC utilizes a wide variety of modeling software programs to conduct utility system evaluations. Discussions with City staff indicate that the model may be used for performing "what if" scenarios after this project is completed. If this is the case, then the model must be easy to use and user friendly. In addition, the models must be able to be updated with relative ease, or the model will not stay up to date with current information and will lose its value over time. Numerous hydraulic computer models are available that will meet the requirements of the City and mc has performed evaluations to determine the best model for a client's specific application. However, the selection of the best model for the City is clearly a function of the criteria utilized in our selection process and. in turn, defining the term "Best." We believe the criteria most important to model selection are: . Technical Accuracy Ease of Use . IEC . .".a. .. r/" t Compatibility with GIS/Infrastructure ManagementSoftware Cost Vendor support history and neutrality (non-proprietary) We have experience with all of the commercially available water models that could be considered for use by the City and one of our early task items will be to devdop a technical memorandum that recommends a software solution for the City. . . . GIS Integration Concepts GIS has become an important component of hydraulic model development. Our proposed Project Manager, Scott Humphrey, has used GIS extensively in hydraulic modeling and master planning projects for over 6 years and clients are very satisfied with the value that GIS provides. GIS is a powerful tool when it is combined with an accurate database of your water distnbution system and operations history. .~~ .iI: ~l = Ii: -.-.. "-" Utilizing the data structure outlined in the ArcGIS Water and Sewer Oota . Models WIll ensure thot 011 data created in the conduct of the Moster Pion will meet the City's future digital dota needs. The City currently maintains a geographic information system that includes both water facilities and Jandbase information Q.e. pared data). Our approach is to take advantage of the City's existing investment in their GIS and fully integrate die hydraulic modd with the City's GIS. This includes building the hydraulic modd through an import of the GIS water layer and establishing links so that future updates can be easily accommodated. We have found that there is a significant cost and time savings by using existing GIS information to build hydraulic models. An added benefit of this approach is that the GIS can QA/QC the modd input data and find inaccuracies that are not readily apparent in the modeling environment by itself: Likewise, the modd can QA/QC the GIS data and find inaccuracies that are not readily apparent in GIS environment. Both themodd and the GIS have their strengths in certain areas of the QA/ QC process and the end result is a fully Waler Distribution Data Model reconciled and highly accurate water system .. .. database that will form the basis of the hydraulic modeling effort. An important component of this GIS'based approach is hydraulic modd integration. The hydraulic modd's, ability to effectively import and utilize GIS data is a key factor in the success of this approach. While conventional approaches rely h~vi1y on data input and manipulation within the hydraulic modeling software environment, this approach utilizes the GIS environment for all modd data creation and modification. This GIS-based approach to the modeling effort builds in tremendous flexibility in data management. Because the data is built in the open- architecture environment of GIS and not IEC l .1' . .r -- held in a proprietary hydraulic model database, the data can be easily migrated into a number of different software applications. We have found that utilizing a GIS-based approach not only saves time and money in the development of hydraulic models, but also gives the project a "value-added" deliverable of the GIS data created as part of the hydraulic model development process. Therefore, we are proposing a GIS-based approach for this project. Using this GIS-based approach, it becomes increasingly important to plan beyond the scope of the current project and create digital data that will seam1essly integrate into future applications. Our experience with the creation of digital data for similar agencies will allow us to create data today that is "smart" for tomouo'\v. We have a significant amount of experience with the ESRI-based data models and can leverage this knowledge to create digital data that conforms to industry standards and can be seam1essly integrated into future applications. Model Development and Calibration The accw:acy of hydraulic modeling simulations is highly dependent upon tight calibration of the model to field measured conditions. Calibration is the process by which planning criteria and assumptions are adjusted to known flow.conditions. A tight model calibration increases the confidence level in the results of the hydraulic simulations, engineering analysis, capital improvement recommendations, and resulting management and investment decisions. Calibration of the water system model is achieved through hydrant flow testing. We will develop a calibration approach that takes advantage of existing operational, demand, and flow data from the Ci~ augmented with field data collected as part of this project. Parcel-level loading, the cornerstone of our model development and calibration work plan, is discussed in the following section. Parcel-level loading Prior to the development of GIS~ conventional means of applying water demands or ''loading'' a hydraulic water model were limited to service areas with generalized land use or diffused parcels. The water demand for an entire service area ~ calculated and then loaded as an upstream point load in the model. ,This approach tended to oversize upstream facilities and often led to difficult model calibration. Moreover, the magnitude of the process required the water system models be "skeletonized" and only backbone facilities analyzed. With the advent of GIS and digital information, we now have the ability to handle large amounts of data efficiendy and accw:ately. Therefore, we propose to develop all water demand for input into the hydraulic model.at the parcel level. This means that each individual parcel is associated with the water system pipeline that serves that parcel. This approach is dramatically different from the land-use level ot service area level approach, where large demand areas are established' and loaded as an upstream point load in a model of only backbone facilities. The benefits of parcel-level loading are: IEC " . . . . . . . . . . . . . . '. . . . t . . . ., . ." )> All pipes can be modded and loaded accordingly. )> The modd can achieve a higher-level of calibration. )> Better calibration leads to higher-accuracy and a higher confidence levd in model-based results and recommendations. )> Future updates to the water modd (i.e. facility changes, land use changes. flow factor changes, etc...) are easily achieved. )> Parcd-Ievd loading provides the City with greater flexibility to modd . additional portions of the system in the future. . f1;~~~_i~~~'!~; ParceJ-level looding vastly improves the occuracy and calibrotion of the water hydraulic model by odding more control points for demand distribution calibration. As shown above. a parcd-Ievd loading approach loads the modd corresponding to the actual point in the system that serves that parcel. The diffused pared or generalized land use approach tends to overestimate flows in some portions of the system, while loading no flows in other portions of the system. Another advantage of the parcd-Ievd approach is the flexibility that it provides the City in adding portions of the system to the modd in the future. Large. service areas need to be redistributed among new additions to the model. As such. the analysis used to develop flows and diffuse pared boundaries needs to be repeated; whereas individual pareds can easily be redirected to the new pipelines. As discussed previously, conventional modeling methods used "skdtonized" system modds. However, using our digital approach combined with parcd-Ievel.loacling. the effort to modd every pipe is equal to the levd of effort required to modd only a portion of the system. This is due to the fact that the water modd database will include all pipes within the system and water demands will be developed at the parcd level. The main drawback of parcd-Ievd loading is that an Assessor's Parcel Number to Utility Billing System Account Number carrdation is necessary. This APN to Utility Billing System link is often unavailable within government billing system databases. However, our project team has significant experience in. creating these links for IEC , . . t . . . . , .~ ..- :. utility systems. We can "geo-code"the addresses in a pared database and also "goo- code" the addresses contained in the ; City's billing system database. GIS can then be used to spatially match addresses. thus creating an APN to billing record link. This ''value-added'' link due to our pareel-Ievel approach can then be used by the City for future analysis. Because of our experience, there will be no learning curve relating to the billing system data or parcd-Ievelloading of the model, resulting in an efficient pat"cd-Ievd loading phase of model devdopment and a highly accurate water system hydraulic model. Pump Station Evaluation/Potential VFOs The City currently operates three constant speed water pump stations to supply its devated water storage tank. The City is considering ttansitioning to a pumped system whereby the existing pump stations would need to be retrofitted with variable frequency drives (VFDs) in order to match system demands. Retrofitting existing pump stations with VFDs requires careful consideration of a number of issues' including but not limited to: · Space required for VFDs needs to be evaluated versus current dectrical cabinet or electrical room space availability. VFD enclosures can be large, depending on motor horsepower, and can significantly increase the required size of the station, especially if across-the~line constant speed bypasses are desired. This not only can trigger the need for a building addition (for enclosed stations). but. additional site needs as well. · For enclosed stations, VFDs will require assessment of additional ventilation or air conditioning needs of the dectrical room (if a separate dectrical room is present or recommended) or existing pump room. Heat generation of the VFD units' (depending on motor horsepower) will need to be considered and appropriate ventilation or air conditioning provided. This can trigger other issues at the pump station including noise, space for condensers, and impacts to the existing dectrical power distribution system due to the need for more equipment (fans, condensers, etc). · The existing constant speed motors n~ed to be evaluated to determine if they are VFD-compatible. If not:, this will trigger additioriaI costs to the City to switch out the old motors for new VFD-compatible motors, if this was not part of the planned pump station retrofit already. · On a positive note, the use of VFDs has the potential to save the City money over time through optimizing pump efficiency by reduced pumping horSepower over longer periods of time. We have performed similar VFD retrofits where the initial capital cost of the VFDs was realized in future cost savings. especially with respect to the consideration of escalating power costs. . IEe has extensive experience in successfully addressing and resolving all these issues through careful planning and thought and application of creative thinking to develop IEC . lot , ." /-... the best solution for the client. We will work with the Oty to identify the desired operating characteristics for each pump station where VFDs are being considered. This is critical, as it drives the remaining items to be evaluated and development of concept pump station layouts. Based on the information developed with the Oty, we will develop a concept layout for each existing pump station with the new VFD concept. We envision one mechanical plan and one civil plan for each to depict the proposed space requirements. The intent is to provide the Oty with an initial concept on which additional planning and design work can be based. A Technical Memorandum will be . prepared to present the findings of the eval~tion and concept layouts. Master Planning Approach A calibrated hydraulic model is a large component of a Water Master Plan. As such, the Oty may want to use the hydraulic model developed as part of this project for conducting a Water Master Pian in the future. We have a significant amount of experience in developing Water Master Plans for agencies such as the Oty of Vernon. Our approach is to develop the hydraulic model in such a manner that it can be easily updated for the conduct of a Master Plan, if so desired by the Oty. Our GIS integration and parcel-level loading approaches will not only save time and money on this project, but will also easily streamline into a future Master Plan, if the Oty ever desires to undertake a full Water Master Plan project. Project Communications Project communications among all of the project team members, both intemally within IEe and externally with Oty staff: is a critical component to the success. of this project. Our approach relies heavily upon the use of Technical Memoranda. We will provide a series of Technical Memoranda and subject matter reports during the progress of this project. Each Technical Memorandum will be delivered to the Oty following key milestones in the project (for example water model development, water demand loading, model calibration, etc.). This will ensure that the Oty has reviewed and accepted key assumptions and components throughout the modeling and analysis process. These final memoranda and reports will be bound into a Report Appendix and will provide detail regarding how data was collected, analyses were performed and decisions were made. Through this technical memorandum approach, we will keep you well-informed on the development of all taSks so there will be "no surprises" when recommendations are made. The Technical Memorandum appr<:>ach also will help streamline the review process of the Report and allow the project to stay on the desired project schedule. As part of our project management/project communication approach, we plan to hold status meetings following the delivery of each technical memorandum to discuss key issues, answer questions and update the project team on the status of each task and overall project schedule. IEC , . . . . ~ . . . . -"-- H ." .,~~ . We have committed our project manager to the project as a "hands on" manager, meaning he will have significandy more "coritact" time through meetings, phone calls, e-inail, ete. with member of the project team, both at mc and the City. Committing this senior resource to the City's project ensures better project communications throughout the conduct of this project. In addition to external project communications with City staff, mc will also hold regularly scheduled status meetings for IEC members of the project team. The purpose of these meetings will be to discuss the project status, project schedule, project issues, if any, maintain quality assurance, and perform concept and criteria revtews. Project Schedule and Work Plan A project schedule. has been developed and is included with our Proposal. In order to keep the project on track, we propose to use the following approach techniques: . ~ Our technical memorandum approach, discussed in the previous sections; will foster City involvement throughout the planning process and streamline the review process. ~ Our GIS-based approach will save time in the development of the water hydraulic model. ~ As part of our project management approach, we plan to hold status meetings following the delivery of each technical memorandum to discuss key issues, answer questions and update the project team on the status of each task and ovenill project schedule. ~ As discussed previously, we have committed our project manager, Scott Humphrey, to this project as a "hands on" project manager. He will not only lead the project and coordinate all activities with City Staf~ but he will also be responsible for the technical execution of a significant portion of the work. DevOting this senior level of experience to the City's project will ensure the project is completed within the desired time frame at a high quality level. Water System Model - Operations Manuals, Training and Technical Support (Optional Service) Discussions with City Staff indicate that they may want to have the model delivered to the City upon completion of this project for their continued use. If this option is selected by the City, our approach will be to empower your staff with new tools. We have significant experience in developing operations manuals and in training new users Oll the operation of water system hydraulic models. We will customize a p~ for the City that fits your specific needs. We have added an optional task that will provide training for City staff members on the operation, use, and update of the hydraulic model. IEC , . -. / 'f {~ It is extremely important to us for this to be a successful project not only during the actual conduct of the Master Plan, but also well beyond the final completion of the actual project. If the City wants the hydraulic model upon completion of the project, we have a vested interest in giving your staff the tools and training necessary to maintain, update and analyze the water system hydraulic model well after the completion of the project. For this reason, in addition to being available during the course of the project, we will provide as-needed telephone support services to the City for a period of t- year after the completion of the project, at no additional cost. Our company was founded on the principal of commitment to our clients. As such, we are committing to support your staff so that they can efficiendy and easily perform future analyses using the water system hydraulic model, developed as part of this project. If training is selected as an option, during the working sessions. the City will be able to select the level of instruction desired and use the training to complete ongoing assignments. IEC . . .. . . { rl/!P'-- '- "U ... S- CD 51 i ... .. ::J a II' . t t t . . . . . . . t . . . . 4: .l . (' "'" Project Experience The IEC team has developed a reputation as a leader in water facilities planning and design. In recent years, we have successfully completed projects for local public agencies such as City of Mountain Vie\\'. City of San Diego, Vallecitos Water District, City of Oceanside, Olivenhain Municipal Water District, and City of Escondido, amongst others. We offer the City a comprehensive team with a solid reputation for delivering quality hydraulic modeling that meets the client's expectations. Below are key project highlights for our Project Manager and me. We have also included references and contact information for Graham Reservoir Hydraulic Modeling and Rincon del Diablo Municipal Water District's Water Master Plan, which several of our team members, including Project Manager Scott Humphrey. have recently completed. Below is a detailed description of Project Manager Scott Humphrey's experience both with IEC and at prior firms. Project Manager Experience Me. Humphrey has served as Project Manager/Engineer for several water and sewer system master planning studies and has over 12 yeatS of experience in water artd wastewater hydraulic modeling.and GIS applications. His experience includes . the development, creation and modification of Geographic Information System (GIS) geographic entities and database records and he has specialized skills in the development of hydraulic models using GIS integration, the use of graphic design software, and database management. He recently worked with the rest of the project team providing hydraUlic modeling services for the City of Mountain View's Graham Reservoir and Field Project. He is also currently completing the Water Master Plan for Rincon del Diablo .Municipal Water District. Following is a list of projects Mr. Humphrey completed while at another firm: )> Vallecitos Water District Sewer Model )> Vallecitos Water District Water Distnbution System Model )> Stanford University Domestic Water Distribution Model Project )> California Water Supply Company - Bakersfield District Water Supply and Facilities Master Plan )> University of California at Santa Cruz Campus Water Distribution System Study )> City of Burbank Sewer Master Plan )> City of Burbank APN Billing System Correlation Study )> City of Huntington Beach Wastewater Master Plan and 1&1 Study )> Elsinore Valley Municipal Water District GIS-based Wastewater Master Plan )> City of Oxnard Water Master Plan )> Central Basin Municipal Water District Recycled Water Master Plan )> Vallecitos Water District Update to the Water, Wastewater and Water Reclamation Master Plan IEC Ii ,) '".: ., -- Project Experience-Hydraulic Modeling Graham Reservoir Hydraulic Modeling AGENCY: CIty of Mountain VIew CONTACT: Hlnh Le. P.E. me used the City's existing H20net hydraulic model to perform a hydraulic analysis to support the design of the 8mg Graham Reservoir. The hydraulic model was used to determine the optimum settings for operation of the Graham Reservoir, while maintaining adequate turnover in both the Whisman and Miramonte Reservoirs. The model -....---~ -..-... .... toO .. I- f - ". .. I--'-~ "- --....... i .. _e_.-"'.. . . .. ... ... ... -- - - 14-day extended period simulation for Graham Reservoir ~..; .; . ...-< ... - - .- .- 0- e_ - . - . - .- ~............__................. ...................,.... ",....... ..~...........---...- =--_..... ~""...................._.. .~ ~ -=::-- - --- CONSTRUCTION COSTS: $11.000.000 PHONE: 650.903.6209 E-MAIl: nlnh./eOd.mtnvlew.ca.us was then used to size the proposed Zone 1 and Zone 2 pump stations, located on the Graham Reservoir site. me used the model to develop a recommended set of distttbution system settings for the optimum operation of the proposed Graham Reservoir for both Average Day and Maximum Day conditions. The IEC team has helped the City of Mountain View plan, design, and construct its largest and most important water facility. Important Engineering Features . Performed hydraulic modeling and analysis for the City's entire water system to evaluate the addition of the new reservoir and determine the optimum operational strategy. A 14-day extended period simulation (BPS) was performed to determine the optimum operating strategy of the City's existing turnout structures, pump stations and reservoirs to adequately operate the proposed reservoir. Project Accomplishments . Held interactive workshops with City and School District staff for the conceptual design of athletic field and water facilities . Held multiple community meetings and incorporated community input into the project . Performed ground water monitoring and test well inst2Jlation, testing and sampling. I . The hydraulic model was used to size the proposed Zone 1 and Zone 2 pump stations. · The hydraulic analysis was used to perform an operational assessment of the City's distribution system and recommend a set of distribution system setttings for the optimum operation of the proposed Graham Reservoir. IEC I I Ii I; Ii . . - , . .. :-.......... Project Experience-Master Plan Water Master Plan AGENCY: Rincon del Diablo Munldpal Water 0IstrIct PROJEa COSTS: $129.000 CONTAa: Annette Hubbell PHONE: 760.7455522 IEC is currently completing a Water Master Plan for the Rincon del Diablo Municipal Water District (Rincon). The project includes the conversion of Rincon's existing AutoCAD- ~ Rincon del Diablo Municipal Water District .. ~ based water atlas maps into ESRI shapefile format and hydraulic model development using GIS integration of the shapefiles into H20Map Water. Important Engineering Features . Developed unit water duty factors using existing customer billing records. . Developed peak factors and water system design criteria. . Developed water demand projections to the year 2030. . Developed water storage requirements, water supply alternatives, and a water Capital Improvement Prognun (CIP). E-MAil: ahubbellOrinconwater.Clf9 IEC's GIS-based approach to hydraulic mod~1 development saved Rincon both time and money. Project Accomplishments . Using technical memorandum approach to keep project on schedule. . Converted existing AutoCAD-based water atlas maps to GIS format for future use ina GIS system. . Saved Rincon time and money by using GIS-based approach to hydraulic model development. IEC /-.- ,. ... .4 tt' .. .",.... f I' ;:. t. . i i i.~ , I- I- ,. I I ~ l :I g c .. - :;;: B - 0" ::s OJ , .. &} . .~ -- /' Team Qualifications The key to a successful project is the experience and commitment of the project team members. The team we have assembled for this project have successfully completed similar assignments working together on past projects. All of the team members will integrate seamlessly to provide a well coordinated effort. This section identifies each of the team members and the project team organization. Personal experience and qualification summaries of lEe projects are discussed in more detail in the Past Experience section. Individual team member's resumes are included at the end of this section. Below is the organizational chart, which depicts the project team members and their roles as part of the Hydraulic Analysis Project. PROJECT TEAM CHART PnIlItort"Slclp'leWla,P.E. ~,."."""',,"...,,........,.,..,, ..' .1vnJ~'P.E.. PRINCIPAL-iN-CHARGE Sa&nbh~. ~~..,. .....Ic ModlIIDlMIIcipiiMM'lt < ~ R!iVliN((OIItl~'. J"S. ~.P.I=_ .'._~ Prelitort ._. 1.ewilJ;. P.!;. 0plnIi0nIII~ Rc>>~.,p~E, . F!IClIiIies ~ ~'.~ s.,ifa. L.iIirnofts. P.E. ~eo.t EstimIIIH Karen Dimmick . GIS Support Project Manager Project Manager for this project will be Mr. Scott Humphrey, P.E. Mr. Humphrey has over 12 years of experience serving as Project Manager/Engineer for numerous water and sewer system hydraulic studies. He is a recogiUzed expert in Master Planning and served as Project Manager on the Water/Wastewater/Reclamation Master Plan for VaIlecitos Water pistrict. He is currendy completing work providing hydraulic mode1ingfor the City of Mountain View's Graham Reservoir & Field Project. A detailed discussion of Mr. Humphrey's qualifications is provided in the Past Experience section of this proposal, as well as in his resume. IEC . .1 "'.... t- ..'"' As Project Manager, Mr. Humphrey will manage the preparation of the project in a "hands-on" manner and will be responsible for its technical execution, schedule and budget. He will lead the.hydraulic analysis; coordinate all activities. with the City's Project Manager and be the designated point-of-contact between the City and .. ..' .'\;;';:\'"., ;.,.,. 'C\,:.....>........'" the project teattl. Me. Humphrey will coordinate all administrative ~.Pf?!~~;~~I'l,a~~r;,:lft1r~ . and management functions to assure that adequate staffing and "1(1~~'~~~~gr!p~~~~?.,', other resources are available to complete the work on schedule; In~'.~~n~s~!,"!\~'Jn~r define specific project goals and objectives for the project team, _'. }rj~~.7(i~t~~~1~J:tB6; ~~::~ work; and provide in-house cost control/contract Mr. Humphrey's experience in master planning and project management is eXtensive. This gives the City a proven senior resource on the project and ensures that the work will be performed efficiently, in a timely manner and at a high level of quality. Principal-in~Charge/Operational Analysis Principal-in-Charge for this project will be Mr. Preston "Skip" Lewis, P.E. Me. Lewis is.one of San Diego County's most experienced and respected Project Managers in the water/wastewater field. Mr. Lewis brings over 18 years of experience working on water & wastewater in Southern California. He has managed single projects in excess of $30 million dollars in construction value and the success of these awatd winning projects attests to his exceptional ~ent and technical abilities. He is currently serving as Project Manager for Graham Reservoir in Mountain Vie\v, California, for which Me. Humphrey is providing hydraulic modeling. His leadership has created a strong design staff that is dedicated to working under his guidance. His technical expertise and strong project management has earned him an excellent reputation in the water/wastewater field. Me. Lewis will also be performing the Operational ArulIysis. Recently, he also performed the operational analysis for the City of Mountain View's Graham Reservoir' and Field Project. As President of lEe, Mr. Lewis is responsible for overall project quality and allocation of resources. For this project, Me. Lewis will assure the City that Mr. Humphrey and the design team identified in this proposal will be committed for the entire duration of the project. If the City has any issues that cannot be resolved through Mr. Humphrey, he will be there to see the project is completed to the City's full satisfaction. QNQC Reviews QA/ QC Reviews for this project will be provided by Ms. Amy Czajkowski, RE. Ms. Czajkowski has worked with numerous agencies in San Diego County over the past 13 years. She is an accomplished engineer who brings extensive project management and design experience to the project team. Her planning experience includes As-Needed Wastewa~ Hydraulic Modeling for the City of Oceanside, and Carlsbad Municipal Water District's Water and Sewer Master Plan. IEC . . . . . . ., . t .- { Water Demands/Hydraulic Model Development Mr. Saurabh Thapar will be providing water and wastewater demand projections, as well as developing the hydraulic model. Mr. Thapar was the staff engineer responsible for developing water demands using an ESRl-based parcd GIS database for Rincon Municipal Water District's Water Master Plan. He was also responsible for hydraulic mood development by integrating water system GIS data into an H20Map Water hydraulic model. Facilities Evaluation Providing the Facilities Evaluation for this project will be Mr. RC)b Weber, P.E. Mr. Weber has 14 years of professional experience and is currendy serving as Assistant Project Manager for Gtaham Reservoir in the City of Mountain Vie\v, California. Mr. Weber.also served as Project Engineer for the Lower San Luis Rey Groundwater Study for the San Diego County Water Authority. He has worked closely with the design team on a variety of unique design projects and planning studies. His technical expertise in the water/wastewater industry and his extensive experience in Southem California is a definite asset to this team and to this project. Capital Cost Estimates Providing Capital Cost Estimates for this project will be Ms. Santa Lemons, P..E. Ms. Lemons has 6 years of experience in the water/wastewater/recycled water fidd. She has served as the Project Engineer working with the design team on several CIP projects, including Santa Fe Irrigation District's FY 2003-2004 CIP Pipeline Replacement Projects and the City of San Diego's Miramar Road Pipeline and Peiiasquitos Reservoir Projects. Subconsultant- JSP Automation JSP Automation a Professional Engineering firm that offers a wide variety Of technology solutions and has extensive experience in the planning. design, integration arid implementation management of industrial and commercial dectrica1, control and information systems for the Water, Wastewater and Remediation Industries. Based on this foundation of experience. JSP Automation can offer a broad range of Professional Engineering and Management services. . As the Owner and Senior Design and Management Engineer, Mr. Jim Phillips, P..E.. is directly involved in all aspects of design and management for all projects. Mr. Phillips has over 16 years of extensive experience as an Electrical, Communications and Systems Engineer in the areas of Information Technology, Communications, Electrical, Instrumentation and Conti:ol Systems Engineering. His duties include top-level Design Engineering and Project Management Services for all projects. Mr. Phillip's experience and training uniqudy qualifies him to provide a diverse set of engineering services. IEC . . . . . . . . . . . . . . ,I 'J SCOTT HUMPHREY, P.E. Project Manager QUALIFICATIONS Mr. Humphrey has a civil engineering background with an emphasis on environmental engineering. He is knowledgeable in computer hydraulic modeling using WaterCAD (Cybernet) 6.5, SewerCAD 5.5, H20NET 4.6, H20Map Sewer 5.5, H20Map Water 4.5, INFOSewer 1.5, INFOWater 1.5, HYDRA 6.2, and XP-SWMM. He is knowledgeable in Geographic Information System (GIS) using ArcView GIS 3.3, ArcINFO, ArcGIS 8.3 and AutoCAD Map 5.0. IEC PROJECT EXPERIENCE Graham Reservoir Hydraulic Modeling, City of Mountain VIeW - Responsible for perfonning hydraulic analysis, using the City's existing mONet hydraulic model, to determine the optimum operational strategy for incorporating the proposed 8.0 MG Graham reservoir into the City's existing water distribution system. A 14-day extended period simulation (BPS) was performed to determine the optimum operational strategy of the City's existing turnout structures. pump stations and reservoirs to adequately operate the proposed Graham Reservoir. The model was also used to size the proposed Zone I and Zone 2 pump stations also included in the design of the Graham reservoir. City of Mountllin VIeW Review of Capitlll Infrastructure, City of Mountllin VIeW - Responsible for preparing a review of the City of Mountain View's water system capital infrastructure for use in obtaining bond financing for the proposed Graham Reservoir. The review included a description of existing facilities and supply sources and identified the cost and timing of future infrastructure needs. North Twin Oaks Reservoir No.2, YaNecitos Water District - Utilized the District's existing WaterCAD 6.5 water system hydraulic model to develop system head curves and help size the North Twin Oaks Pwnp Station, which supplies the North Twin Oaks Reservoir No.2. Water Master Pltin, Rincon del DiIlblo Municipal Water District - Project Manager for on- going water master plan project The project includes the conversion of Rincon's existing CAD- based water atlas maps into an ESRI-based GIS platform and the integration of that GIS data into an H20Map Water hydraulic model; the development of parcel-level land use loading factors; the development of a water CIP trough the build-out year and the development of storage criteria for operational and emergency storage. PROJECT EXPERIENCE (WITH OTHER FIRMS) - MASTER PLANS Sewer Master Plan, City of Burbank - Responsible for providing technical assistance and QA/QC for the City's Sewer Master Plan. Key project objectives include; review of existing planning, utilities and engineering documents, look for data inconsistencies in the sewer system GIS database and present engineering assumptions for reconciliation to the City, perform dry and wet weather flow monitoring, an analysis of existing sewage flows by land use classification was conducted, develop peaking factors, 1&1 rates, and flow generation factors for average flow conditions, create an ArcGIS-compatible hydraulic modeling package perform a puinp station evaluation and determine cost estimates of capital improvement, calibrate and perform wastewater hydraulic modeling using SewerCAD 5.5, prepare sewer drainage basin map, analyze the system through modeling simulations including operational system analysis scenarios, compile a prioritized list of system deficiencies develop a Capital Improvement Program, and prepare a Master Plan Report and sewer system atlas maps for the City. . WasteWater Master Plan Update, Rancho Californill Water District - Project Manager responsible for preparing the Waste.water Facilities Master Plan Update for Rancho California ~IE( RESUME - SCOTT HUMPHREY 1 OF 5 . . . . . " ..: . I ~... Water District in southern Riverside County. The major elements of this project include: · Develop wastewater unit flows and peaking factors for tight model calibration data. · Develop a wastewater collection system hydraulic model using H20Map Sewer 5.5. · Structure a prioritized and time-phased Capital Improvements and Replacement Program · Deliver a master plan that will help the District comply with upcoming USEP A regulations related to the capacity, management, operations and maintenance (CMOM) of the sanitary sewer system · Wastewater flow analyses with GIS reconciliation, parcel level loading, design flow development and wastewater flow projections. Update to the Water, Wastewater and Water Reclamation Master PIim, VallecitosWater Distrkt - Project Manager responsible for coordinating the update to the District's 1996 Water, Wastewater and Reclamation Master Plan. The District requested that special emphasis be placed upon the integration and development of GIS data as part of this planning effort. The first phase of this project included the conversion of the District's existing AutoCAD map based GIS database into ESRI ArcGIS 8.1 geodatabase format The major elements of this project included; · The update and GIS integration of the District's existing WaterCAD water system hydraulic model. , · The development and GIS integration of sewer system hydraulic model using SewerCAD. · Quality assurance/quality control and data reconciliation of the District's existing GIS database. · Development of APN to Utility Billing System Account Number links and parcel-level loading of both the water and wastewater system hydraulic models. · Development of water and wastewater unit flow factors. · Water and wastewater system design criteria. · Water and wastewater flow projections. · Water storage requirements. · Assessment of water supply alternatives. · Emergency supply and emergency storage assessment. · Wastewater peak flow mitigation alternatives. · Dry weather flow monitoring. · Wastewater treatment facility evaluation. · Condition assessment of existing water distribution system and collection system conditions. · Development of a prioritized Water and Wastewater Capital Improvement Program for existing, 2006, 202Q and ultimate conditions. Water Supply and Facilities Master Plan, CalifomUl Water Services Company - Project Manager responsible for hydraulic model development and analysis using H20Map Water 4.5. The 10,OOO-pipe model was built using GIS pipeline, junction, and network information digitized as part of this project Hydraulic model attribute infonnation was populated using GIS through Open Data Base Connection (ODBC) links. GIS spatial analysis was utilized for parcel-level water demand loading. System optimization analysis was performed to determine .the best way to incorporate a new 20 mgd water treatment plant into the Cal Water system, which changed the water distribution system to a primarily pumped system (bottom up) to a primarily gravity flow system (top down). 48-hour EPS water quality simulations were perfonned. to determine the distribution of existing treated water, new treated water, mid groundwater throughout the water distribution system. Sewer Interceptor Capacity and Routing Study, Reg;onalInterceptor Planning Temn (1UPT), City of Sparlcs, Nevada - Project Engineer responsible for updating an existing XP-SWMM hydraulic model of the City of Sparks major sanitary sewer interceptors conveying wastewater ~IE( RESUME - scon HUMPHREY 2 OF 5 .. . . . . . . . . . . . . ~ . . . . , . .J . ! -" flow to the Truckee Meadows Water Reclamation Facility (TMWRF). The XP:-SWMM model was used for sanitary sewer interceptor planning including determination of the required interceptor sizes and alignments necessary to adequately convey build-out wastewater flows from the City of Sparks, the Sun Valley General Improvement District, the Spanish Springs Valley and a portion of the City of Reno through the City of Sparks to the TMWRF. The project included: an alternative analysis for four (4) proposed interceptors, the development of build-out wastewater flow projections, the development of collection system design criteria, the development of opinion of probable cost estimates for each alternative. Additional analysis requested by the RlPT included the development of a system improvement prioritization schedule. Water System Master Plan, City of Oxnard - Project Engineer responsible for development of a water system hydraulic model using WaterCAD 4.1. The model was built using the City's GIS by creating ODBC links allowing for seamless import and export in the future. ArcView GIS was utilized to analyze current and future land use designations and develop current and projected water demands for use in the water model. GIS spatial analysis was utilized for parcel-level water demand loading. _Development of hydrant flow testing calibration plan for use in calibrating the hydraulic model. Comprehensive GIS-Based Wastewater Master Plan, Elsinore Valley Municipal Water District - Project Manager responsible for the development of a Wastewater System Master Planwith special emphasis on the use, compatibility and integration with the Elsinore Valley Municipal Water District's ArcInfo based GIS. The major elements of this project included development of ArcInfo GIS coverages and Arc View shape files for use in the master-planning effort; development of wastewater unit flow factors; design criteria; development of tributary basin/sub- basin areas; wastewater flow projections; development, calibration, and utilization of a computerized hydraulic model using HYDRA 6; evaluation of collection system conditions; identification and remediation plan for the identified current and future system deficiencies; and the development of a prioritized capital improvements program (CIP). Provided training and support to District Staff following final delivery of the wastewater hydraulic model. Domestic Water Distribution Model Project, StJmford University, Palo Alto, CA - Assisting Utilities Projects staff in developing a domestic water distribution model using Cybernet software and based on the University's KYPIPE model. The major elements of the project included model layout, demand development for diurnal and extended period simulation, hydraulic network analysis, recommending system improvements, water quality simulation for chloramine disinfection, and training of University Utilities staff in modifying and maintaining the model. There are three pressure zones in the Stanford University model and approximately 500 pipes. Campus Water Distribution System Study, University of Califomill at Santa Cruz, Santa Cruz, CA - Project Engineer responsible for preparing an operational analysis computer model of the existing water distribution system, which includes a 2-MG storage tank at the high point in the system as part of the master plan for the potable water distribution system on the UC Santa Cruz campus. The study includes data collection and review, establishing/confirming water demands, constructing the water system model using H20NET 3.0, perfonning hydraulic network analyses, evaluating existing system performance, including optimization of tank operation, recommending system improvements, evaluating system water quality and sampling/flushing procedures, updating water system mapping and preparing a final report of findings. Recycling Project, Central Basin Water District - Project Engineer involved in the addition of new facilities and customers into existing H20NET hydraulic model. New customers in ArcView shape file fonnat were imported into H20NET. Hydraulic analysis of eight (8) phases of development to detennine impacts upon existing pump stations and reservoirs and to determine necesSary improvements to meet system design criteria. . ~IE( RESUME - SCOTT HUMPHREY 3 OF 5 , . . <. . . . . . . . 4.: .~ ....""'.... Relocation of San Antonio Pump Sl4tion, Golda Water District - Water System Evaluation, Goleta. CA Hydraulic analysis of existing water distribution system in H20NET to determine impacts of proposed San Antonia Pump Station. System was analyzed for average demand, peak demand and fire flow scenarios. Water,Distribution System Model, Ypl/ecitos Water District - Project involved development and maintenance of water system model using Cybemet 3.0. Model includes 1,200 pipes. 19 pressure zones, 16 tanks, 18 pressure reducing stations, and 6 pump stations. Performed hydraulic analysis for approximately. 30 new subdivisions within the District. Performed analysis for sizing of future capital facilities. Phase 1 Sewer Rehabilitation Modeling, Richmond Municipal Sewer District - Responsible for development and analysis of six (6) separate reaches of sanitary sewer main (approximately 3000' per reach) using SewerCAD 4.0. The study included recommending collection system design criteria and peak ,flow factors, evaluating existing system performance, and recomm~ding system improvements. Sewer Model, VaUecitos Water District - Responsible for maintenance and update of sanitary sewer model using XP-SWMM. Performed analysis for the sizing of peak storage facilities at Lift Station No. 1. CoUeges 9+10 Residence Halls IUUl Dining Hall, University of Ca/ifornill at Smrta Cruz Santa Cruz, CA. - Project Engineer responsible for site demolition, grading, roadway design. and civil infrastructure design at proposed residence hall and dining hall site. Project included site demolition plans; storm drain. sanitary sewer, water and electrical utility plan and profile; roadway and pathway plan and profile; and site grading plans. Developed construction quantity estimates from final drawings. . PROJECT EXPERIENCE (WITH OTHER FIRMS) - GIS SERVICES GIS Impiemenkzdon, Y(l//ecitos Water District - Lead GIS Consultant responsible for the conversion of the District's existing AutoCAD Map based GIS into ESRI geodatabase format. The conversion included the development of a water and wastewater data model with geometric networks. coded value attribute domains and network connectivity ruies. The project also consisted of the development of water and wastewater system ~t1as maps using ArcGIS layouts. the implementation of ArcIMS With the development of water and wastewater IMS services and associated web pages, the development of GIS standards. and the development of feature linked annotation. Utility Master Plan, McCarran International Airport, Las Vegas, NY-Lead GIS Consultant responsible for the development of ArcGIS data models for all of the existing utilities within the McCarran International Airport. The data models include geometric networks. coded-value domains and connectivity roles. Responsible for the development of GIS standards to be used with the geodatabase for conversion and future maintenance. Responsible for directing and Quality Control of the AutoCAD vector conversion to ArcGIS as well as the paper map to ArcGIS conversion. Stormwater GIS Conversion, City of Burbank - Lead GIS Consultant responsible for the development and implementation of the City's stormwater GIS conversion from ArcINFO coverage format to ArcGIS geodatabase format. This project includes the development of a stormwater data model, the migration of all existing GIS data into the geodatabase, the . reconciliation and field verification of all associated utilities, and the generation of stormwater system atlas utility maps. ~IE( RESUME - SCOTT HUMPHREY 4 OF 5 , . . . . . . . . . . . .. "J ...:~ GIS Data Converswn, VISta Irrigation District - Project Manager for on-going project responsible for coordinating the conversion of the District's existing GeoMax GIS database into an ESRI geodatabase. The major elements of this project will include: .' The design and implementation of an ESRI geodatabase for the District's water facilities. · The conversion of the District's existing GIS data, currently in GeoMax format, into the newly created ESRI geodatabaseThe development of customized tools for the creation of new facilities (production tools) and maintenance of the GIS database. · The implementation of an enterprise ,GIS application for viewing GIS data via the District's intranet. · The implementation of ArcSDE for SQL Server PROJECT EXPERIENCE - V ALLECITOS WATER DISTRICT Capital Improvements Progrll1ll, YalIecitos Water District - Managed design and construction of CIP projects. As Capital Facilities Coordinator, prepared RFPs, reviewed proposals and selected design teams. Reviewed and approved design reports, plans and specifications. Checked submittals for conformance to specifications. Examined and prepared pay requests, change orders and RFls during construction. Participated in public relations with community, including conducting public meetings and responding to phone calls and written inquiries. Mass Grading Project, Twin Oaks Reservoir, ValIecitos Water District - Phase I, San Marcos, CA. As District Project Manager, negotiated numerous contractor-initiated change orders, resulting in a $70;000 cost savings to the District. Project was completed on time and under budget. Project used cast-in-place concrete pipe technology. Twin Oaks Reservoir Phase H, Vallecitos Water District - 33.O-million-gallon Pre-Stressed Concrete Reservoir, San Marcos, CA. District Project Manager of design and constr:uction of pre- stressed concrete reservoirs. Attended hi-weekly design meetings and aided in development and review of technical memorandums incorporated into the design report. Misswn Road Water Main Replacement Project, Va1lecitos Water District - Served as District Project Manager. Analyzed alternative trenchless technology methOds. Completed project on time and budget using bore and jack technology. Reviewed and approved steel pipe fabrication shop drawings. West Lift Station Project, YalIecitos Water District - Used micro tunneling technology for 800- foot tunneling project beneath local lake. Performed alternative analysis for lift station location. Analyzed odor control alternatives. Received written praise from community group board member for handling of difficult community relations and construction mitigation issues. IW IEC RESUME - SCOTT HUMPHREYS OF 5 .. . . . . . . . . . . . . . t . . . . }i~~;itit..t ,REGIS:tRATI(jN: ' ~.~i~~;.~. .;"::-:~:~;: ~~?~~;} :.;:,...... ,~. );~~\>ic:}~1~t~~ - . ~".-. ", -.)~ -,-,,,,,."-'->.': '. .. . ~ :::'-': - . ",.,,, ." .. ., -'~. '.~: .,...._/: ,:', . ".-', . . #. .:: .~,. -" ,", '::-~:.;:;.;::;:~;'~,;::,;</: '. ;--, :_..i......:._:~"._ : :. - '.' '. . .,; ':~',~ .-," ":_; ";'_:.~:-~--l~:'-<-_::~:;:--~~';;~:'::~;,;'~~~ "~;'.; ___--'.... -:'::/~ -.' . . ';"~,~:.-'->. . ~-'-:'-, ". .. - .--,: ....;~-:.>~~'.:~~-_:.;~.. "'-" ,:~: ~:):~~~:~/~-t~~::<~. -::.. ;~7~~:;'~;~?':~~;;~~~:;-.:~.i:}:~X:"r :::- ,t?:i:;::'~~)?-~E.~:~.'.?~,:i(-~'J~5~,iJ:';~fu~ :':f: \:'!;;~j: .:::i.;\'j .,.~:~~;J.~.,~~3/f~::.::.~...~~-:~.- ~~.:~ r..~..~'.~,J.~',t .~. -'.'~'.'" -' '.~., " . .', '::~~~~;:~:r~F:;'\>,:",-,-,~:}\ ......" 1" :<', ~ ,-, ~ .,~' .'.::- ::,~ :-'.::_',~,'.~'.~;..,....'..',.,~:'.< -.,"..,~'-__t '. \-""-:;,' ~,.,~'.,," .. "": . ~,'- - .-.' ,. .: . ~ ;---.. F-.,ESTON "SKIP" LEWI&,P.E. Principal-in-Charge/Operational Analysis QUALIFICATIONS With a recognized expertise in planning, designing, bidding, and constructing public water and wastewater infrastructure, Mr. Lewis has applied his 18 years of engineering expertise to a wide variety of conveyance, pumping, storage, and treatment projects. Of particular recognition are his innovative pump/lift station designs, buried reservoir projects, and trenchless pipeline construction. The success that Mr. Lewis has achieved can be attributed to balancing complicated operating/maintenance issues with complex engineering design challenges, while simultaneously gaining interagency approvals and community acceptance. As a principal engineer at lEe, he is responsible for quality assurance and personally perfonns technical reviews to ensure complete and accurate work according to industry standards. Mr. Lewis continually illustrates a genuine interest and caring concern on his projects, and repeatedly demonstrates his responsiveness to his clients. Whether on small local facilities or large regional projects with construction values in excess of$35 million, Mr. Lewis applies the same technical and managerial skills in meeting his clients' needs. Through his extensive experience, Mr. Lewis has proven his innovative problem-solving approach to design challenges and unforeseen construction situations. His solutions-oriented approach always has system operation, constructability, and cost controls as key element of the decision-making process. His extensive experience on water storage, pipeline conveyance, pump/lift stations, and associated appurtenances is applied to projects on a daily basis, and is sought by professional engineers and engineers- in-training on his staff for teaching and mentoring purposes. Mr. Lewis has an infectious enthusiasm for engineering and serving clients. PROJECT EXPERIENCE - PIPELINES Demonstrating his professional expertise and client oriented focus, Mr. Lewis has successfully faced many engineering challenges on pipeline projects. For potable, recycled. and wastewater he has planned, designed and provided construction management for small diameter distribution and collection mains to large transmission and conveyance pipelines up to 96-inches in diameter. He has conducted alternative analysis for route selection to avoid utility conflict, to minimize easement acquisition, and avoid adverse environmental impacts. The experience Mr. Lewis offers includes trench less pipeline replacement, and microtunneling under major freeways, waterways, and bridge crossings. His sOun,d knowledge and experience with construction practices allows him to construct projects without disIupting service, within congested utility corridors, and with minimized construction disturbance to schools, residential and commerc,ial areas as well as peak hour commuters. ~IE( RESUME - PRESTON "SKIP" LEWIS 1 OF 4 . -. ~J > North County Distribution PipeUne 4 miles 71" steel San Diego County Water Authority PROJECT EXPERIENCE - PUMP STATIONS Pump and lift station design is Mr. Lewis' forte. In addition to designing and managing the hydraulic, mechanical, and electrical engineering features of pump stations and lift stations. Mr. Lewis has gained a particular expertise in siting stations in beach environments, constructing subterranean facilities. and addressing visual impacts. odor control, and noise attenuation issues. His experience has typically consisted of pumps in the 150 to 500 gpm capacity, but also has included larger pump capacity reaching 2,500 gpm and even. 7,000 gpm. His project experience encompasses new pump stations, rehabilitating existing stations with additional emergency collection. and power backup, and complex control systems that coordinate variable frequency drive pumps with the preset flow rates at a wastewater treatment plant. Important in all of Mr. Lewis' designs are redundant systems for increased reliability, and maintaining service at all times. The Lake SClll Marcos Lift Station received a design award from the local APW A and CWEA chapters, while the West Lift Station gained CWEA recognition. This and other noteworthy projects are highlighted below. > Graham Pump Station 10.000 gpm VFDs City of Mountain View residential > Lake San Marcos Electrical Upgrades Lift Station 1 Variable frequency drives VaIlecitos Water District > South Lake Pump Station 2,600 gpm Vallecitos Water District IW IEC RESUME - PRESTON "SKIP" LEWIS 2 OF 4 . ., 'f --. > Deer Springs Pump Station 2.600gpm V allecitos Water District ~ti~1~~~G:f:R~~~lBfr;};~~~~~f~!'If~"!~~r~.., -.".,;.,'.- ~.~,""~-.~o..".:'-,.,~,_...,~.:.v~'~o_''"'_h'',~;t..;.,,,,}'.J~~'~~A'<'.'''~r"'ig'..'.V..~~<'n"'~~~~~~~~~~,,~ > Sears Point Pump Station Emergency overflow Vallejos Sanitation & Storage FaciUty facility Flood Control District PROJECT EXPERIENCE - STORAGE While Mr. Lewis applies his professional engineering expertise to a variety of projects, he has a particular talent for preliminary/final design and construction managemen~ on storage facilities. His experience includes reservoirs, conveyance piping, and associated appurtenances. He has been responsible for the design of reservoirs ranging from 1.0 mg up to 33 mg. including all types of tanks: steel. conventional reinforced concrete, circular prestressed concrete, and embankment reservoirs with floating covers. He has also completed the design of joint use facilities with parks and sports fields located above buried reservoir facilities. Mr. Lewis also has extenSive experience with the rehabilitation of older tank facilities. His projects have included the latest innovations to improve water circulation and water quality maintenance. Appurtenance facilities included on many of the projects include disinfection facilities, pump stations, pipelines, recirculation pumps, bafile walls. seismic upgrades and innovative grading and landscape techniques to improve the site aesthetics. Projects where Mr. Lewis has applied his extensive experience and innovative design are listed below. > Sears Point Pump Station Emergency Storage FaciUty 3.0 MG prestressed concrete Vallejo Sanitation and Flood Control > Bayview Reservoir 10 MG concrete City of San Diego > Penasquitos Reservoir Rehabilitation 5.0 MG prestressed concrete City of San ~ego > Osborne Reservoir Siting Study 15MG City of Oceanside ~IE( RESUME - PRESTON "SKIP" LEWIS 3 OF 4 . .. .. ., PROJECT EXPERIENCE - AS-NEEDED SERVICES The proven responsiveness, broad technical expertise, and ability to act as an extension of staffhave awarded Mr. Lewis a variety of As.Needed Engineering Service contracts.. Services performed included: pipeline replacement, sewer lateral relocation and replacement, emergency pipeline repairs, construction inspection, facility design. access road and bridge design. erosion control monitoring, plan checking and design reviews, energy studies, development of disinfection implementation program, and capital project management.. His ability to serve a variety of public agencies with his broad and diverse technical skills illustrates Mr. Lewis' work order and project management talents. As- needed engineering services have been performed for the following agencies. . ~IEC RESUME - PRESTON "SKIP" LEWIS .4 OF 4 ~ 8 . . . . , . t . tEDU ,," '., N,'.;--,~" '/.".' . 2::-r-~'~"<~. , ,,~~j~~f' -,., . .. t)~~~ . j . . . . .;:~. ~- a, J....ItY R. CZAJKOWSKI, ~ .E. QA/QC Reviews In her 12 years of serving water districts, municipalities, and purveyors. Ms. Czajkowski has gained recognition for system planning, design engineering, and construction management of public water and wastewater infrastructure projects. She has conducted master plans for water and sewer services. assessed impact fees, and developed capital improvement programs to ensure adequate service. Ms. Czajkowski's engineering design experience includes conveyance systems, pump and lift stations, reservoir storage, and treatment facilities. Her on-site conl!truction experience, combined with her extensive research of material and equipment performance allows her to avoid constructability problems and reduce costs. Regardless of the size or complexity of the project, she focuses on complete and accurate engineering, and understands her clients' needs. Ms. Czajkowski's professional expertise, combined with her client focus, enables her to act as an extensive of the client's staff on as- needed contracts. Her experience in performing on "as-needed" agreements affords her the unique perspective of having acted as a municipal and district empl()yee. She is recognized for her project management, thorough design review and plan checking, and ability to work with a variety of contractors and permit applicants. PROJECT EXPERIENCE - PIPELINES Economical and effective system design allows owners and operators to provide users with the water and sewer service that they expect. The planning experience Ms. Czajkowski has gained enables her to conduct alternative analysis, plan, and design conveyance for water transmission mains and sewer interceptors that can be permitted and constructed. Her expertise has been applied to small 8-inch ductile iron piping, typically 24 to 42-inch steel transmission piping, and has included pipe size as large as 72 inches in diameter. Bhe has designed pipelines as long as 5 miles, and included associated appurtenances such as flow controi facilities, inverted siphons, reservoir storage, corrosion treatment, and chJoramination disinfection treatment Most importantly is her thorougbknowledge of construction techniques and lbaterial specification that are cost effective without affecting serviceability and functionality of the designed systems. Focusing on constructability, Ms. Czajkowski has extensive experience with a variety of efficient construction techniques that she incorporates into her designs. Whether microtunneling under an interstate freeway, a railroad bridge support structure, live stream, or Lake Marcos, Ms. Czajkowski understands the permitting concerns and coordinates with multiple agencies to ensure her clients have constructible and cost-effective designs. She has worked with pipe bursting, inversion lining, and in narrow congested utility corridors. Her experience in designing constructible plans extends beyond engineering and includes innovative ideas to reduce community safety and traffic concerns where projec~ are routed through residential neighborhoods, schools, and commercial areas. Ms. Czajkowski has applied your experience on planned capital improvement projects, fast tracked projects. and in emergency situations. Her dedication and enthusiasm to design constructible plans, and functional systems, and to incorporate cost controls make her a valuable asset to any project. ~IE( RESUME - AMY CZAJKOWSKI 1 OF 4 . - ./ > West Lift Station Force Main 4,OOOlj 12" ductile iron Vallecitos Water District > Sewer and Water Group Job 530 3,7oolj 8" pvc 5,2oolj 12" pvo City of San Diego > Vista-Carlsbad Interceptor Sewer 12,ooOlj36"& 42" City of Vista PROJECT EXPERIENCE - PUMP STATIONS The technical expertise of Ms. Czajkowski in conveyance and storage reservoirs extends to lift stations. Her experience with pump stations as large as 2,500 gj>m has allowed her to address the construction challenges of building an underground facility in high groundwater, placing an architecturally enhanced structure in a residential area, as well as providing noise attenuation and odor control for wastewater lift stations. She has designed systems using variable frequency drives with control schemes to coordinate pumping rates with other facilities in the system. Her commitment to complete and accurate engineering ensures emergency generation and redundant design features are incorporated into the design and the systemS remain operative. The effectiveness of pump station design is measured by the operator. Ms. Czajkowski prides herself on researching and understanding equipment specified in her designs. She documents manufactures performance criteria, ensures equipment meets testing requirements. and provides operators with operational troubleshooting guidance. Ms. Czajkowski's dedication in serving the client provides an effective balance between equipment costs and equipment operation. The value of design is measured by the functionality provided to the operator. > Lake San Marcos Lift Station Vallecitos Water District Vallecitos Water District 2,500 gpm residential area Variable frequency drive > Lake San Marcos Electrical Upgrades Lift Station PROJECT EXPERIENCE - STORAGE For preliminary or final design of a new reservoirs, or replacement and rehabilitation of existing tanks, Ms. Czajkowski has applied her experience to 1 to 5 MG steel tanks, and twin prestressed concrete tank as large as 33 MG. Her experience includes extensive design of supporting control value vaults, chloramination facilities, recirculating pump stations, chemical diffusers, carbon scrubbers, automated washdown systems, site piping, access roads, landscaping improvements, and other project appurtenances. Concrete rehabilitation, painting, and electrical and seismic upgrades she has designed have improved facility. function and longevity. ~IEC RESUME - AMY CZAJKOWSKI 2 OF 4 . . . . . . . . . . . .: ...,r Ms. Czajkowski has a recognized expertise in tank coatings. She understands the critical nature of construction and operational staff safety, as well as the importance of inspecting coating applications to avoid "coating joints". Her practical experience extends beyond design and includes on-site construction management and operation, which have been invaluable to her clients in the design process. Often she prepares O&M manuals with a unique .approach to troubleshooting guidance for operators. PROJECT EXPERIENCE - MASTER PLANS Master planning for water and sewer services afforded by Ms. Czajkowski includes evaluation of the systems from point of entry. through treatment, to final disposal. Her system evaluation includes 4ydraulic analysis of project development in the area. characterization of flow profiles. and specialized diurnal curve calculations. hi addition to her modeling capabilities, Ms. Czajkowski assesses new supply sources, storage requirements. conducts rate analyses, calculates impact assessment fees, determines the necessary capital improvement projects to accommodate user needs. and understands funding issues. Her planning experience is augmented by her service to municipalities and districts through "as-needed" agreements yielding her a unique perspective. > Northeast VaDey Middle School! ffigh School Site Sewer Study Hydraulic analysis and impact assessment Oceanside Unified School District PROJECT EXPERIENCE - AS-NEEDED SERVICES Acting as an extension of their staff, Ms. Czajkowski has applied her expertise to municipal utility deparbnents and water districts through As-Needed Service Agreements. Acting in behalf of the department or district, she conducted studies and designs, prepared improvement projects. managed consultant projects. coordinated maintenance activities, and inspected. checked and reviewed pians and designs. Studies she has conducted include siting of pipeline and facilities. and energy pumping analysis. Designs have consisted of emergency repair and replacement, and small works projects. She has developed disinfection programs and managed on-site capital improvement projects. Her "as-needed" service to clients has afforded her a unique user/operator perspective in planning and designing water and wastewater infrastructure projects for municipalities and districts. ~IEC RESUME - AMY CZAJKOWSKI 3 OF 4 ~ . . . ... Of ./"'*'"' > As-Needed Engineering and Emergency Response Services Project engineering and management Vallecitos Water District > As-Needed PrOject Manager Consultant and maintenance staff coordination Otay Water District ~IE( RESUME - AMY CZAJKOWSKI 4 OF 4 ..1 .~ &AURABHTHAPAR Water Demands/Hydraulic Model Development QUALIFICATIONS Mr. Saurabh Thapar has experience in camputatianal hydraulics and enviranmental fluid mechanics, design and modeling af water and wastewater distributian system, physical and chemical processes in water and: wastewater treatment plant design, and biareactor design for wastewater treatment plants. PROJECT EXPERIENCE Water Master Plan, Rincon del Diablo Municipal Water District - Staff Engineer responsible far develaping water demand projectians using an ESRl-based parcel GIS database. Responsible far hydraulic model develapment by integrating water system GIS data into. an H20Map Water hydraulic model. Established model cannectivity and all base input data and tested model far convergence. 4S Ranch Water Rec/mnalion Facility, Olivenhain Municipal Water District - Performed hydraulic analysis to achieve balancing af influent flow to the clarifiers and proposed design changes. San Diego County Water Authority, San Diego - Engineering Intern for camputer based hydraulic modeling for SDCW A's pipeline 3, 4, and 4B, south ofMiramar vents, as a part of Master Plan based on available pipe interconnection options to. forecast the flow rates of raw and treated water that can be delivered to its member agencies by year 2030. Computer based hydraulic modeling for SDCW A's Marena-Lakeside Pipeline and Helix Flaw Control Facility as a part of San Vicente Emergency Starage project Cost analysis far the desalination pipeline. Environmental Engineering Lab, San Diego State University, San Diego - Research Assistant far investigatian of the effectiveness af surfactant laaded minerals (zeolites and clays) in water disinfection. Research Assistant for analysis af cantaminant transportatian afEndacrine Disrupting Corilpounds from bio-solids to groundwater. Soil Erosion Lab and Geo-technical Lab, San Diego State University, San Diego - Research Assistant for laboratary testing of mulches far ~ter conservation and landscape, estimation of soil erosion, runoff, water quality, geatechnical lab tests and laboratary automation. California Institute of Trans porta lion Safety, San Diego - Research Engineer for Geographic ~formation System (GIS) coordinated estimatian and mapping of collision points an road map of freeway 805 for the year 1999,2000 and 2001 using Arc view to analyze the intense collisian points. TAFE-Massey Ferguson Tractors, India - Worked independently as a Territory Executive Engineer (sales and marketing) and dealership manager. Punjab Tractors Ltd., India - Engineering Intern for production floor dealing with lathes, CNC machines and engine and transmission assembly. ~IE( RESUME - SAURASH THAPAR 1 OF 1 , . . ":f'~f~_tllt RE~~~!~'~'~"!; , . . '- ,.-~-, "~-'::-:::~ :';",,-: -'PROEESSIEJ ".,<'i<.-' fl.!t~ ~l;~~i; , -/ .'- R_BERT S. WEBER, P.E: Facilities Evaluation QUALIFICATIONS With proven expertise in civil engineering and project management, Mr. Weber applies his 14 year.s of professional experience to numerous public works water and wastewater projects. Projects that have benefited from his expertise include conveyance pipelines, reservoir slofllge facilities, pump and lift stations, and water/wastewater treatment facilities. His talents have been called upon for as-needed services by municipalities and water utilities. Mr. Weber is thoroughly familiar with design standards, techniques and analytical methods. bid specifications, and cost estimating. His talents extend beyond civil engineering to include securing required project permits, fostering cooperative interagency approvals, and gaining community project acceptance. The project success that Mr. Weber has enjoyed is a result of his a1)ility to listen and qnderstand the client's needs, and translate th~m into actions. He prides himselfin involving the client in the project, 8Jld having the staff understand the critical issues of the project. The effective management approach employed by Mr. Weber is only exceeded by his engineering talents. His engineering decisions and designs are based on careful considerations of project needs and specific site characteristics. His extensive research and diligent reviews of construction materials, conservative engineering approach, and clarification of standard specifications to specific site conditions, effectively manages project risks and controls construction and operational costs. Mr. Weber is a commissioned officer in the California Army National Guard and is a veteran of a Homeland Defense deployment as part of Operation Noble Eagle n. PROJECT EXPERIENCE - PIPELINES Designing and sizing pipelines is a relatively simple task for an experienced professional . engineer. Constructing the pipeline under emergency conditions, through sensitive coastal beaches and creeks. in highly developed residential areas, across open rural property, within existing pavement traveled by daily commuters, and requiring multiple agency approvals can be extremely difficult. Mr. Weber has applied his engineering and project management talents in all of these settings to construct 8 to 12-inch water distnbution lines and sewer collectors. and up to 24" water transmission mains for distances of 10,000 linear feet. Mr. Weber has an ability to anticipate problems. is poised with solutions, and understands that responsivenesS is critical to every construction project. He has developed plans to provide continuous uninterrupted service and peak hour uncongested traffic flow during construction. Complex projects as the ones Mr. Weber has performed require extensive coordination with agency personnel 8Jld affected land owners. > Tait Street Waterline 2,OOOlf 8 "PVC City of Oceanside Repla~ement > 680 Pipelines 1,OOOlf24" steel Otay Water District > Sewer and Water Group Job 3,JOOlf 8" 3,000 16"PVC City of San Die_go S30A > Bandstand Sewer Trunk Main 3,OOOlf 12 "PVC City of Oceanside ~IE( RESUME - ROBERT WEBER 1 OF 4 .1 ~i PROJECT EXPERIENCE - PUMP STATIONS Specializing in pump and lift station design, Mr. Weber's experience is extensive. Having . designed stations with pumping rates up to 8,300 gpm, he can apply his expertise to meet nearly any situation. His design experience includes associated chemical odor control scrubbers, mechanical and'electrical equipment, telemetry, emergency tank overflow and power backup, and surge protection. Working in prestigious coastal neighborhoods and along public beaches, Mr. Weber has designed subterranean stations, while in others incorporated public restrooms, access pathways, architectural treatments, and public art. Recognizing that poor operation and maintenance in many ways results from poor design. Mr. Weber values the opinion and ideas of the client's operations statiin his designs. Mr. Weber often has involved a construction contractor to solve particular design challenges, and has incorporated the extensive and rigorous reviews from the coastal commission and various city departments and commissions. )> Pump Station 18 650 gpm on beach City of San Diego )> Sewer Pump Station SO Low flow diversion system City of San Diego PROJECT EXPERIENCE - STORAGE Site selection. tank use, constructing to site conditions, and controlling costs have afforded Mr. Weber a particular recognition in reservoir design. Location. topography, piping requirements, cost of acquisition and construction. aesthetics, and long term future use and needs requirements have been analyzed by Mr. Weber to ensure reservoir site selection is made by the most educated client Earth embankment, steel tanks, or prestressed concrete reservoir storage facilities ranging from few million gallons to 16 MG have been designed by Mr. Weber to specifically meet the needs of the project He also has extensive experience in associated earthwork. grading. burial, control valve structures, and associated piping and appurtenances. His construction specifications are detailed to the specific site conditions. Mr. Weber has been involved in the innovative design of a burial of a 3.4 MG reservoir with community sports courts on top at ground level, as well as the mixing of recycled and raw water for use on a golf course. He has also designed a large tensioned floating cover reservoir in the midst of a public golf course. His expertise has been called upon as a third party reviewer. The thoroughness and thoughtfulness that Mr. Weber brings to his projects results is a result of his dedication and commitment to providing the client with the best possible project. Mr. Weber always looks forward to his next reservoir design project. ~'IE( RESUME - ROBERT WEBER 2 OF 4 .: -I >> Gano Reservoir 6.5 MG prestressed concrete; Olivenhain MWD alternative analysis >> 680 Reservoir 3.4MG prestressed concrete Otay Water District >> Rancho del Oro Reservoir il~!f~if&~~~, 3.0MG siting study City of Oceanside PROJECT EXPERIENCE - AS-NEEDED SERVICES The broad and diverse experience offered by Mr. Weber has been called upon in "as-needed" situations for municipal engineering. Managing many task assignments concurrently and providing highly responsive service, Mr. Weber has designed pipeline replacements. sewer lateral relocations, culvert and storm drainage improvements, service access roads, pipeline bridge crossings. tank foundations, erosion control systems, and conducted planning studies for literally hundreds of residential homes. Mr. Weber is recognized among his peers for his earthwork and grading expertise. Through his experience he has proven to act as an extension of municipal staff. PROJECT EXPERIENCE - OTHER RELEVANT EXPERIENCE Important to servicing water is the flow control, groundwater, and chloramination designs conducted by Mr. Weber. In these designs he has provide critical links in providing needed quantities of safe drinking water to users. By designing a 48- and 36-inch steel piping, electrically actuated plug valve, venturi meter, and other associated telemetry, Mr. Weber linked 60 cfs of water to a joint San Diego County Water AuthorityNallecitos Water District . Flow Control Facility. Mr. Weber also developed and evaluated alternatives for recovering and storing 90,000 acre-feet of groundwater in the Lower San Luis Rey River Valley. He was the Project Manager for the preliminary and final design for the City of Oceanside's Wells 9. 10 & I I Project, which will form a critical part of the City's water infrastructure. Design of Well 9 (existing) was fast-tracked in order to supply additional water to the City's existing brackish water treatment plant In response to an application prepared jointly by the City of Oceanside. the San Diego County Water Authority, and Mr. Weber, this project was selected for a $7.2 million dollar construction grant from the Metropolitan Water District of Southern California. His experience also includes removal and recoatiDg of chlorine tanks, and conversion of gas chlorine systems to liquid based chloramination syste~. In addition to the design performed by Mr. Weber on the following projects, he has prepared bid packages and conducted on-site construction observation. ~IE( RESUME - ROBERT WEBER 3 OF 4 . ~ ~J r > WeDs 9, 10, & 11 3 extraction wells, wellhead facilities. 4.000 /fofpipeline Storage and recovery feasibility study City of Oceanside > Lower San Luis Rey River VaDey Groundwater Study San Diego County Water Authority Chlorine Contact Tank Reeoating ~IE( RESUME - ROBERT WEBER 4 OF 4 '~~~~~~I~ ';::'-'~ _<1/ -1 S~-.~ITA M. LEMONS, P.E~ Capital Cost Estimates QUALIFICATIONS Project management and technical perfonnanceon the analysis, design, and construction administration phases of water and wastewater projects is Ms. Lemons' expertise. With 6 years of experience, Ms. Lemons has focused on a municipal engineering career and has managed various public infrastructure projects including reservoir storage, pipeline conveyance, pumpllift stations, valving and control structures, and site drainage and grading. She is thoroughly knowledgeable of engineering requirements, specifications and standards, hydraulic modeling, and AutoCAD and Microstation programs. As a project engineer, Ms. Lemons aligns the project work to meet the client needs, ensures all work performed is, complete and accurate, tracks progress, verifies construction specifications, and oversees delivery of bidding packages. Her on-site construction management experience has given her a unique ability to develop innovative and effective construction sequencing. Ms. Lemons is especially recognized for her talents to coordinate with clients, permitting agencies, and subconsultants. PROJECT EXPERIENCE - PIPELINES From route selection, through design drawings, and preparation of construction specifications, Ms. Lemons has gained extensive experience with water main and sewer interceptor conveyance. She has earned a particular reputation for her trunk line rehabilitation experience and associated trenchless replace in place construction cost analysis. Analyzing alternative design solutions, assessing grades, and calculating and modeling flow requirements, she has sized small 8-inch ductile iron pipes on local projects to larger 36-inch steel pipelines reaching nearly five miles on more regional scaled projects. On larger projects she has coordinated with municipalities, pennitting agencies, and a variety oflandowners. Ms. Lemons has identified and secured additional right-of-way, developed construction cost estimates, and planned phased implementation to ensure serviceability during construction. She recognized among her peers for her innovative construction sequencing ideas. On controversial projects affecting residential and commercial interests, she has participated in community involvement workshops. )- Porter Hill PipeUne 4,000 1f20"pvc Helix Water District )- "C" Line Water Transmission Main 72,000lf30" steel Vista Irrigations District )- Rancheros Drive Sewer Replacement 8,000 If 15"& 21" pvc Vallecitos Water District )- Sewer and Water Group Job 530 3,7oolf 8" pvc 5,2oo/f 12" pvc City of San Diego ~IE( RESUME - SARlTA LEMONS 1 OF 3 PROJECT EXPERIENCE - PUMP STATIONS Specializing in the rehabilitation and upgrading of existing pump and lift stations, Ms. LemonS repaired and seismically strengthened existing concrete walls and column, energy, conducted use studies, replaced pumps. installed electrical and telemetry instrumentation, replaced protective coatings, and developed demolition and disposal plans for outdated equipment and facilities. Innovative designs for an equalization tank and washdown system without expensive jet wash equipment illustrates her focus on cost effective solutions. She also has developed a detailed and complex control scheme to coordinate the pumping rates between various facilities and the preset rate at a wastewater treatment plant. Ms. Lemons has worked with pumps that can produce rates up to 7,000 gpm. )> 680 Reservoir 7,000 gpm Otay Water District PROJECT EXPERIENCE - STORAGE The technical project engineering and organizational skills of Ms. Lemons have been applied to numerous reservoir storage projects. Working with steel, prestressed concrete, or earthen embankments, Ms. Lemons has managed and designed new facilities as well as rehabilitated existing structW'es. Reservoir capacity ranging from 1.0 MG up to twin 33 MG tanks have been sited, designed, and constructed along with the associated piping and appurtenances by Ms. Leinons. She has designed reservoirs requiring mass excavation, and in some cases extensive rock blasting. She is thoroughly familiar with control value vaults inclpding automated instrumentation, seismic design criteria, weirs, sluice gates, automated washdown systems, pIc controls, odor control systems, disinfection facilities, and protective coatings. Ms. Lemons' rehabilitation tank experience, has gained her a particular recognition for the handlirig and disposal of heavy metal tank coatings. For a 16 MG earthen embankment reservoir she participated in the innovative design of a floating tension cover. Other innovative designs she has achieved include a unique distribution box for an equalization tank. and washdown system without installing expensive jet wash equipment. Commonly, Ms. Lemons has engineered and designed pump and lift stations in association with reservoirs. Contract administration often follows the design with support to the client for contractor bid preparation, award, and construction management. )> San Carlos Reservoir 5,0 MG prestressed concrete City of San Diego ~IE( RESUME - SARlTA LEMONS 2 OF 3 , ..: " KAREN DIMMICK GIS Support QUALIFICATIONS Ms. Dimmick has eight years of experience in computer-aided design and drafting on various civil engineering projects including water and wastewater treabnent systems, environmental site assessment and remediation, and digital mapping using a variety of CADD applications. ,She has extensive experience with Microstation, AutoCad. and ArcGIS. She is thoroughly familiar with CADD standards utilized by the Water and Wastewater Facilities Division, City of San Diego. PROJECT EXPERIENCE Graham Reservoir and Athletic Field Project, City of Mounttlin VIeW - Provided CADD and design'support for this 8MG concrete reservoir located in Northern California. The reservoir will be constructed under the athletic fields of a local Middle School, and issues include community involvement, scheduling, and traffic. The second phase of this project involves the design of new athletic fields above the reservoir. Buena VISta Force Main, City of Oceanside - CADD Designer for the design of a 24-inch sewer force main crossing under SR 78 in the City of Oceanside. The project involves the construction nearly 10,000 If of pipeline. Instrumental in the preparation of Preliminary Design Report, contract specifications, plans, and details. Groundwtder Storage and Recovery Project: Lower San Luis Rey River ytllley, San Diego County Wtlter Authority - GIS Specialist for feasibility study and field investigation services condueted as part of the Water Authority's 2030 Regional Water Facilities Master Plan. Activities included GIS mapping and data collection of existing basin wells, groundwater elevations, and alluvium thickness contours; along with proposed well and spreading basin site evaluation. Also provided GIS support for work plan preparation, evaluation of permitting and access requirements, assessment of potential environmental contamination issues, and initiation of the environmental documentation for the project. Pump Stations 18 and 19 RehilbilitaiWn, City of StlII Diego - Site design and CADD coordination for projects involving 2,000 linear feet offorce main replacements and pump station rehabilitation and replacement in environmentally sensitive coastal areas. Established' and managed data sharing protocols between three sub consUltant firms using both AutoCad and MicroStation. Final project documentation required electronic file translation into strict, client specified, MircoStation CADD standards. Hydraulic Study of the Wulff & Paw VISta Pressure Zones, ytdlecitos Water District _ Mapping and design support for the Hydraulic Analysis and Reservoir Siting Study to determine new location for new 2.0 MG Wulff tank, and possible interconnection with nearby Palos Vista Pressure Zone. Maps included custom low altitude photography, and fine resolution topography covering a large portion of the district's northeast pressure zones. _ Miramar Road Pipeline, City of San Diego - CADD supervisor/designer and existing utilities mapping for 5 mile alignment of 36" waterline along Miramar Road which included an NCTD bridge and Interstate 15 crossing. Point Loma WlJStewater Treatment Plant Chemical Feed System, Upgrade, City ofStln Diego- Provided design services to upgrade the existing polymer bulk: storage system and the addition of bulk ferric chloride storage and feed system. Services included field venfication of existing conditions, and the design of interim facilities to ensure minimal down time of plant operations. . INFRASTRUCTURE ENGINEERING CORl'ORAnON RESUME - KAREN DIMMICK 1 OF 2 . . , "" , South Bay InNrnat/olUll Wastewarer Treatment PIImt. Inte17Ultiontd Boundary & Water Commission and United SUItes Environmental Protection Agency - Provided design services for plant yard piping of the wastewater 1reatment plant with peak flow capacity of 300 MOD. Services included multi-discipline CADD coordination from preliminary design to construction phases. Alvtll'tldo Wilier Filtration Plllnt Upgnule Il1Ul Expansion, City of Stili Diego - Provided design services to expand plant capacity to ISO MOD. Services included the design of horizontal and vertical alignment of 38 transmission and process pipes ranging from 6-inches to 96-inches. NAS Miramar WllSte DI'llin System Upgrtule, United StIltes Navy - Provided deSign services for the installation of oily water .separators throughout the NAS Miramar site. Services included CADD mapping of existing as-built conditions, and demolition and. removal of existing contaminated soil areas prior to installation of new facilities. INFRASTRUCTURE ENGINEIlRING CDRPoRAnoN RESUME - KAREN DIMMICK 2 OF 2 - f . JAMES S. PHilLIPS, PE SENIOR DESIGN AND MANAGEMENT ENGINEER As the Owner and Senior Design and Management Engineer, Mr. Phillips is directly involved in all aspects of design and management for all projects. James Phillips has over 16 years of extensive experience as an Electrical, Communications and Systems Engineer in the areas of Information Technology, Communications, Electrical, Instrumentation and Control Systems Engineering. His duties include top-level Design Engineering and Project Management Services for all projects. Mr. Phillips experience and training uniquely qualifies him to provide a diverse set of engineering ~ervices. Systems Engineering, Mr. Phillips duties include the design, development and management of integration for large-scale Supervisory Control and Data Acquisition (SCADA) and plant automation projects. Services include the design of all hardware systems (Computer Systems, Telecommunications, Information Networks, PL:-C's and Instrumentation), development of software control strategies, custom software development specifications and system user interface requirements. Electrical Engineering, Mr. Phillips has experience providing engineering services to design, develop and integrate power distribution systems, motor control centers, emergency power systems and Variable Frequency Drive system applications. Design tasks include the development of three-line power distribution, motor control wiring diagrams, power system evaluation, harmonic mitigation studies, power system testing and the development of plans ,and specifications. Control Engineer, Mr. Phillips began his career as an instrumentation and control engineer responsible for'the design and application of instrumentation, PLC control, and data communications systems forapplications related to Water, Wastewater, Power and Environmental Projects. Duties include the development of engineering and manufacturing drawings, equipment and materials specification, field and factory testing procedures, field start-up and coordination of implementation efforts, process and instrumentation drawing$ (P&ID), PLC I/O drawings, communications network and interface drawings, electricaVcontrol interconnection wiring diagrams, process control strategies, assembly drawings and bills of material. Project management, Mr. Phillips has extensive project management skills for the management of complex large-scale, multi-million dollar and multi-disciplined type projects that required special attention and high level engineering skills. These project management duties include the coordination and management of the project from conception through implementation. Additional duties include the development and presentation of engineered solutions, system evaluation and assessment, value added engineering design alternatives, engineering resource allocation, top level systems and telecommunications engjneering, project team coordination, and project budget and cost control throughout the design, manufacturing and implementation life cycle. ,/' ( ... ! j I 1 I :1 I r f t I ! n I I' I 1-: ~' -. (- en' (') o 1 sa. :e o .. ~ r . . . , ,.' t ;:.......... Detailed Scope of Work 1. Perform Project Management The Consultant will include the use of management control tools and emphasize client communication. Prior to the implementation of the project, the Consultant will develop an initial project management and control plan. This plan will include: project instructions. which establish the project goals, schedule, task assignments and communication protocol; project work plan, which merges the scope of services with project milestones and individual task assignments for schedule and budget; and a project cost control program which establishes the benchmark and reporting methodology for the ongoing assessment of project completion and budget. Client communication will be maintained by the Project Manager. The Project Manager will coordinate all project activities within the project team and will be responsible for the development of progress submittals, will attend project coordination meetings with City, and will be responsible for the developme1lt of interim deliverables and status reports. . 2. Conduct Project Kick Off Meeting and Establish Project Goals The Consultant will meet with City staff to establish the goals. needs, and desires of the'Master Plan, confirm project objectives, discuss approach and criteria, establish departmental contacts and lines of communication, and discuss data availability.. In addition, we will meet with 'the City to decide on a mutually agreeable digital deliverable format for ease of use throughout this project. . 3. Data Collection & Review A review will be conducted of previous reports by the City and/or consultants to the City relating to planning. engineering, GIS system information, prior master plans' and model data, water billing data, and existing! future system characteristics and requirements. Review will also include: existing water atlas maps, topographic data, and City standard design criteria. A data/document inventory will be maintained that lists the data/documents received from the City. the date received. and if the data needs to be returned to City.. This inventory will be updated as new information is received and supp~ed to the City at status meetings. 4. Design Criteria Development An important aspect of the hydraulic analysis will be to develop a set of design criteria against which the system will be analyzed. Design criteria includes peak factors (maximum day and peak hour). fire flow requirements,;diurhal patterns for use in the extended period simulatipn (EPS). and water distribution system criteria (Le. maximum velocity. minimum pressure, etc.). . IEC will start by reviewing existing City design criteria relating to the water distribution system. Recommendation will be made, if necessary. on modification of the existing criteria. Fire flow requirements will be obtained from the fire department. Maximum day and peak ,hour factors along with diurnal patterns will be calculated based upon historic~ consumption records obtained from the City. All criteria developed as part IEC .. , .... .... (!,---, of this task will be compared to "industry standard" water system design criteria to ensure the recommended values are within "normal" ianges. The water distribution system design criteria will be summarized in the form of a technical memorandum and submitted to the City for review and comment prior to proceeding with the next task. S. Hydraulic Model Selection A short survey will be developed for City Staff to help mc determine which criteria are most important to the City relating to the hydnlulic modeling software. A software selection analysis will be conducted and a draft technical memorandum will be developed for review and comment by the City. 6. Water Model Development The consultant will import the existing water system GIS database into the hydraulic modeling software application determined in Task 4. It is assumed that all data appropriate for water system hydraulic modeling is populated in the water system GIS. This includes: . Diameter . Length . Material The model will include pipelines. booster pumping stations, and teservoirs. A technical memorandum will be developed that summarizes the hydraulic model development, the links that 'have been established between the model and the GIS, and future update procedures. This technical memorandum along with a layout map of " the model configuration will be submitted to the City for review and comment. All Oty comments will be addressed prior to proceeding with Task 7. 7. Demand Loading As discussed in our Approach. mc will utilize parcel-level loading for the water demands in the hydraulic model created as part of Task 5. Existing water ' consumption data will 'be attached to the parcel GIS database and then loaded into the model corresponding to the service location of that parcel. An APN to meter account link will be created and delivered to the City upon completion of the parcel-level loading task. 8. Hydrant Flow Testing As part of themodel calibration effort, hydrant flow test results will be required to calculate friction coefficients within the distribution system. Based upon the Size of the existing distribution system, it is anticipated that 2 days will be required to collect the data required to adequately calibrate the water system model. IEC will provide up IEC 00 .. '" t _4 :- to four (4) staff members for up to 2 days (16 hours) per staff member to perform hydrant flow testing for model calibration purposes. It is assumed that City Staff will be available during the flow testing process to assist IEC Staff as needed. mc will develop a calibration pIan and submit it to the City for review and comment. Once all City comments have been received, mc will modify the plan accordingly and proceed with the field flow testing. 9. Model Calibration The model calibration will be a 2 step process. The first step is to calibrate the model to all known boundary conditions. These include turnout flows, pump station run- times and flows, tank volumes. and known demand conditions (Le. average vs. peak). The second step is to use the hydrant flow test data collected as part of Task 7 to simulate headloss through the system model and calibrate pipe roughness factors accordingly. The model will be considered calibrated when 90 percent of the field measurements are within 10 percent of the model results. The methodology and results of the calibration will be summarized in the form of Technical Memorandum No. 5 and submitted to City for review and comment. All City comments will be addressed prior to proceeding with Task 1 O. 10. Hydraulic Analysis Upo~ completion of the model calibration task, the hydraulic model will be" analyzed under average. peak and fire flow conditions to determine the improvements necessary to operate the water distribution system as a closed system. An extended period simulation (BPS) will also be developed to analyze the operation of the water system over a 24-hour period. The model will be analyzed for the following conditions: Existing System: · Average day demands . Maximum day demands . Peak hour demands · Maximum day demands plus fire flow · 24-hour extended period simulation (EPS) Proposed System (Qosed System without Elevated Tank): . Average day demands . Maximum day demands . Peak hour demands · Maximum" day demands plus fire flow · 24-hour extended period simulation (EPS) IEC , . . . . . . . . . . . ~ ( .. ( ""* -. .r Existing system with elevated tank at maximum level of 20-feet or 600,000 gallons: . Average day demands · Maximum day demands . Peak hour demands · Maximum day demands plus fire flow · 24-hour extended period simulation (BPS) A global fire flow analysis will be performed to determine fire flow locations that "stress" the system" the most. Individual Maximum Day plus Fire Flow simulations will then be analyzed at these locations to determine the facilities necessary to adequately meet fire flow demands. 11. Distribution System Operational Assessment mc will use the water system hydraulic model developed as part of this project to assess the current and potential (Le. closed system) operation of the City's water distribution system and make recommendations to improve the overall operational strategy used by the City. This operational assessment will form the basis of the recommended SCADA settings for the proposed system. " The results of the operational assessment will be summarized in the form of a technical memorandum and submitted to the City for review and comment. Upon receipt of comments from the City, a final TM will be issued. 12. Pump Station Evaluation 12.1- Review Existing Information mc will review the existing pump station information to include record drawings and operating data such as flo~ hours of operation, discharge pressure, power consumption," etc. It is assumed the City can .readily provide this information. 12.2- Meeting with City Staff/Site V"lSits We will meet with City Operations and Engineering staff to discuss pump station operating criteria and philosophies to include planned operating methodology. space issues, equipment preferences, and station con1iguration preferences. Following this meeting; we will visit each pump station site to perform an on-site reconnaissance and obtain photo documentation. 12~-D~el~Co~~tu~uts Based on the above tasks, we will develop' one concept layout of each station to depict potential VFD addition. These will consist of a mechanical plan and a general site/ ciVil plan that indicates the general arrangement of the station. equipment, and site features. These will be conceptual in nature; no new surveyor mapping is proposed at this time. If this information is a~ble from the City in an electronic format it will enhance the presentation of the final product. IEC .. '. .,/- ,. ..., 12.4- Prepare Technical Memorandum A Technical Memorandum will be prepared to document and present the results of the evaluation. The Tech Memo will contain a summary of the proposed operating criteria for each station, conceptual layouts depicting the new VFDs. and order of magnitude costs to retrofit each station. 13. SCADA System Evaluation JSP will provide comprehensive predesign planning; investigation and assessment services to establish the best methods for the design and implementation integration for the SCADA automation and enhancement of the existing water distribution control system. The planning phase will incorporate the following services that will be represented in a system planning report for City review: 1. Meet with City Staff in a ''Workshop'' manner to discuss overall project goals and anticipated functionality for the development of a SCADA system enhancement and complete automation integration pIan. 2. Evaluate and assess the existing SCADA system operation and its ability to meet the desired operational requirements. Evaluation criteria will be based on the best proven technological methods available for SCADA applications, communications. security. client/server access and system redundancy. This assessment will take into account the current version of existing SCADA software verses the industry standardWtndows Enterprise Operating System SCADA packages based on the latest technology for system monitoring and control A System Evaluation and Assessment report Will be prepared identifying the existing system operation, recomrriended enhancements, or replacement and an automation plan to incorporate the desired operational requirements for system operation established during the initial phnning meeting with the City.. 3. Evaluate and assess the desired SCADA control system functionality to establish the requirements for a complete Process Automation Plan to include the provisions for PLC modification, Data Access, Alarm Notification, System Redundancy. Historical Data Archiving; System Securities and Local Area Network applications. This evaluation is critical in establishing the fundamental SCADA control system enhancement requirements. The SCADA system must be capable of accessing; storing and processing the data in a secure and timely manner to establish the desired operational efficiencies and performance. This evaluation will be addressed in the following planning documents: a. Automation PIan -To address the modifications derived from the hydraulic system model an automation pIan will be developed to fully automate the operation of the water distribution system. The automation " pIan will take into account the utilization of variable frequency drives to maintain constant system'pressure based on system demand and pressure IEC .. l .J -('{ ." monitoring at locations defined by the hydraulic model. In addition to the pump station control automation pIan additional report provisions will address the requirements for chemical system injection and monitoring to maintain the required water quality distribution parameters. These requirements will address the necessary modifications and enhancements to the SCADA system. PLC control logic and overall system operational performance. b. Energy and Operational Efficiency Management Plan - With additional computer capability and information availability of today's enterprise technologies, ne\v, more efficient ways of grouping data for-analysis become increasingly important. An eff~ data management plan provides for critical operational data in terms of process data, demand usage. trending. seasonal variation, time of day and equipment operational and maintenance data. The operational efficiency plan will consider the use of Peak-Demand and T1me-of-Use control strategies to optUnize system performance along with the enhancement of graphical user interface screens to allow operations to monitOr and control the system. 14. Recommended System Improvements Following the completion of the water system hydraulic analysis and the distribution system operational assessment; mc will develop pump and SCADA recommendations necessary for the distribution system to operate as a closed system. Cost estimates will be developed based upon the recommended system improvements. A block system diagram will be developed that outlines the recommended system improvements and operational control scenariOs. SCADA upgrades determined in Task 13 will be incorporated into the overall recommended system improvements. " The recommended system improvemehts and associated block diagram will be submitted to the City in the form of a Technical Memorandum. All City comments will be incorporated prior to proceeding with Task 15. 15. Report Preparation The Consultant shall prepare a hydraulic analysis report that contains a comprehensive review of the key components of the water hydraulic modeling tasks. The report will contain an Executive summary that summarizes the key components of the project. Specifically the Master PIan will address: · Water System Design Criteria . Water Demands . Model Development . Model Calibration . Hydraulic Analysis Results . Pump Station Evaluation . SCADA System Upgrades . Recommended Water System Improvements IEC .. . . . . . . . . . . . t .. ( .... 0(' 4 .,.....", Prior to submittal of the draft report, mc shall submit a proposed outline of the report for review by City Staff. Upon review and acceptance of the outline, five draft copies of the report will be submitted to the City for review and comment. Upon incorporation of all City comments, five final copies and one unbound copy for reproduction purposes will be submitted to the City.. In addition, one electronic copy of the report document in abobe .pdf format will be submitted to the City. The electronic copy will include all figures contained in the original Master Plan document. 16. Model Purchase and Installation (Optional) The City may wish to obtain a license of the selected modeling software. Based upon approximately 250,000 lineal feet of water pipeline, it is assumed that a 1,000- lliik license of the hydraulic modeling software will be adequate for the purposes of this modeling project. If this is selected as an optional task, mc will purchase one l,OOO-link license of the selected hydraulic modeling software and install it on a City computer. me will also install the hydraulic model developed as part of this project and perform system testing to ensure that the modeling software and associated model are operating properly. 17. Training (Optional) The City may wish to have training on the details of the water system model and . scenarios developed as part of this Master Plan process. If selected as an optional task, the Consultant shall pro~de up to three (3) days of training on the use, operation and continued update of the water hydraulic modeling software. Training will be ' provided for up to 5 City Staff members and will be tailored specifically to the needs of the City.. Training will be specific to the water model developed as part of this " Master Plan and will include procedures on the update and maintenance of the models, running ''what-if'' scenarios, and general troubleshooting. As discussed in our approach, we will provide as-needed telephone support services to the City for a period of l-year after the completion of the project, at no additional cost. IEC . . t .~ ,.j <,' r i i en! il a..! &:1 _ I CD! r , , i I , I , i ,I , I . I I "'0 en i!; .Q. c 3 Gi <Il 3 (I) Sl III (; en ~ :::J 1 c <Il 3 <Il 3 - III ~ + 0 m m m ~ ~ <Il e. 3 3 3' S!. 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N! ~I N~ ~i ~: 'I ::7 ~! ~I ......: ....., ....: ~ ~. ej r5: ~j ~i 01. ~~ ~I ~! (0); 01' ~: -, 01 oj ~: oj ~! ~I, -...: ~ ~I 0: 0; 0' ~: 01: 01: 01: O1j OIj 01: 1'Jl: 01: 1'Jl: 01! -............................................... ....-......... ..,........--...... ..... ..... ....-..................... -...... ..... no.. _... ...u._......_. .....-4t{.. .... ~ 4 4 4 4 t . . . . t t . . . . . ( ................................ ........ ..........-.-.................. .....................-......................-...................... EXHIBIT B .- <: . i <\ ,..: EXHIBIT B CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT AGREEMENT CHANGE ORDER NO. SUPPLEMENT NO. SHEET OF SHEETS - - - - PROJECT: P.O. NO. TO: CONSULTANT REQUESTED BY: You are hereby directed to make the herein described changes from the original scope of work of this agreement. Contract Amount (Base Bid) I ............................................... $ Amount of This Change Order I .. .. .. .. .. .. .... .. .. .. .. .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. $ Amount of Previous Change Orders I .. .. .... .... .. .. ...... .... .. .. .... .. .. .. .. .. .. .. .. .... .. .. ...... .. .. .... .. .. .... .. $ Total Change Orders I .... .. .. .. .. .. .. .. .. .. .. .. .. .... .... . .. .. ...... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .... .. $ Modified Agreement Amount I .. .. .. .. .. .. .. .. .... .. .... .. .. .. .. .... .. .. .. .. .... .. .... .. .. .. .. ........ .. .. .. .. .. .. .... .. $ By reason of this order the time of comoletion will be adiusted as follows: Approved: Date: City Administrator We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above, Accepted Date: Consultant: By: Title: c: PurchasingIProject File/Consultant SUPPORTING DOCUMENTS /r! @vty' COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce Malkenhorst, City Administrator i. Samuel Kevin Wilsou, Director of Community Services aud Water -.Jry'(5;xt~ . March 30, 2005 FROM: DATE: SUBJECT: SERVICES AGREEMENT FOR A DISTRIBUTION SYSTEM HYDRAULIC ANALYSIS The City Attorney's office has prepared a Services Agreement between the City and Infrastructure Engineering Corporation for professional consulting services for a distribution system hydraulic analysis of the City's water distribution system. As you are aware, the City's elevated tank is scheduled to receive several structural modifications and significant rehabilitation to the interior coating in the near future. The interior coating replacement will have to be done in another phase because it will require that the elevated tank be taken out-of-service. The proposed modifications when completed will significantly reduce the possibility of this tank collapsing in the event of a natural disaster and allow the City to take the elevated tank out-of-service to make the required interior modifications. The proposed hydraulic analysis will evaluate the design criteria necessary to develop a closed water distribution system using computer models as a means of analysis. A closed system will also add an additional measure of redundancy to the City's water distribution system and allow the City to deliver water to its customer's without the services of the elevated tank. On October 20, 2004 City Council authorized the issuance of Request for Proposals to perform said task. Proposals were received on November 18, 2004. Infrastructure Engineering Corporation's bid is $72,477.00. Funds were specifically budgeted for these services. The agreement has been executed by Infrastructure Engineering Corporation. It is recommended that City Council approve the agreement. Please place this item on the April 6, 2005 City Council agenda. Thank you. SKW Isr Enclosure c: Eric T, Fresch, City Attorney SERVICES AGREEMENT This AGREEMENT ("Agreement") is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this _ day of March, 2005, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN CITY OF VERNON, a municipal corporation, hereinafter referred to as the "City" 4305 Santa Fe Avenue Vernon, California 90058 AND INFRASTRUCTURE ENGINEERING, CORPORATION, an independent contractor, hereinafter referred to as the "Contractor" 14271 Danielson Street Poway, California 92064 RECITALS WHEREAS, the City has determined to retain the services of an independent contractor to perform a hydraulic analysis of the City's water distribution system; and WHEREAS, Contractor has prepared a proposal dated November 18, 2004, for the Services, a copy of which is attached hereto as Exhibit A and incorporated by this reference (the "Proposal"); and WHEREAS, Contractor represents that it is qualified and capable of furnishing the labor, materials and expertise necessary to perform the Services that the City requires, as set forth in this Agreement, and is willing to do so on the terms and conditions set forth below; and WHEREAS, the hydraulic analysis has been bid, and Contractor's cost proposal is acceptable to the City; and WHEREAS, the City desires to enter into an agreement with Contractor to provide the hydraulic analysis of the City's water distribution system on a contract basi~ as defined in the terms and conditions setforth below. NOW, THEREFORE, IT IS AGREED AS FOllOWS: Page 1 of 18 SECTION 1. TERM OF CONTRACT 1.01. This Agreement will become effective on , and will continue in effect until such time as the City receives a final report of the hydraulic analysis for the City's water distribution system or until terminated as provided in this Agreement. SECTION 2. DEFINITION OF TERMS 2.01. Whenever used in the Ag(eement, the following terms shall mean: A. "Agreement" shall mean that formally executed Agreement or Contract which includes the Contract Documents attached. The Agreement constitutes tf)e entire agreement between the parties relating to its subject matter. B. "City" shall mean the City of Vernon, California, the entity which has "executed the Agreement and, where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. C. "Contractor" shall mean Infrastructure Engineering Corporation and where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. D. "Contract Documents" shall includE3 any inquiry, invitation to bid, or proposal which may have, but not necessarily, preceded execution of the Agreement, and including the General Provisions and all exhibits and schedules attached to the Agreement and all plans and specifications identified in the Contract Documents. E. "Contract Price" shall mean the compensation set forth or provided for in Section 4.01 of this Agreement. Whether it expressly provides for the reimbursement of costs incurred by Contractor or simply for the payment of a lump sum of money, it is intended to be the full and complete payment for satisfactory completion of the Work and, unless otherwise stated, to . cover all costs whether for materials, equipment, tools, labor, services and taxes and all overhead, rentals and profit or fee, if any. F. "General Provisions" or "General Conditions" shall mean the General Provisions as set forth in this Agreement. G. "Premises" shall mean the physical premises under City's control or ownership where Work hereunder is to be performed. Page 2 of 18 H. "Proprietary Information" and "Confidential Information" shall mean all information, whether written or oral, which Contractor acquires from, through or on behalfof City, directly or indirectly, or which arises out of the Work, concerning the Work or proprietary processes involved in the Work including, without limitation, information concerning past, present or future business plans of City, information about the operations of City's Premises, and other City information or know-how obtained during the Work, except information falling into any of the following categories: 1. Information which, at the time of disclosure hereunder, is in the public domain; 2. Information which, after disclosure hereunder, enters the public domain, except where such entry is the result of Contractor's or any entity'within Contractor's control breach of this Agreement; 3: Information which, prior to disclosure hereunder, was already in Contractor's possession without limitation regarding disclosure to others; or 4. Information which, subsequent to disclosure hereunder, is obtained by Contractor from a third party who is lawfully in possession of such information and not subject to a contractual or fiduciary relationship to City with respect to said information and who does not require Contractor to agree to refrain from disclosing such information to others. I. "Subcontractor" shall mean any first or lower-tier subcontractor and its employees, representatives, agents, subcontractors or other personnel who have been approved in the manner required by this Agreement. J. 'Work" or "Services" shall mean the work performed by Contractor and required to be performed from time to time by City under this Agreement. SECTION 3. SERVICES TO BE PERFORMED BY CONTRACTOR Specific Services 3.01. Contractor's Services shall include, but will not be limited to, providing a hydraulic analysis of the City's water distribution system, a distribution system operational assessment, pump and SCADA recommendations necessary for the distribution system to operate as a closed system and cost estimates for the recommended system improvements. The Contractor's Services are more specifically detailed Page 3 of 18 in the Proposal attached hereto as Exhibit "A" and incorporated herein by this ~re~noo. ' , 3.02. Contractor shall be responsible for traffic control on the Work site when necessary and shall take all precautions to ensure the safety of pedestrians, vehicular traffic, and personnel. Change of Services 3.03. City may at any time, by written change order executed by the City Administrator, make changes only to extend the Work duration and total compensation of Contractor's "York. Changes iil the scope of Work, or duties and obligations, shall be authorized only by the City. 3.04. City may make "Changes" by increasing, reducing or deviating from the requirements of the scope of Work. A form of Change Order is set forth in Exhibit B attached hereto and incorporated by referenoo. Timing of Services 3.05. Contractor's Services shall commence upon the execution of this Agreement by both parties and award by the City Council and shall end at such time as the City reooives a final report, in a form acceptable to the City, of the hydraulic analysis of the City's water distribution system, a distribution system operational assessment, pump and SCADA recommendations necessary for the distribution system to operate as a closed system and cost estimates for the recommended system improvements, unless this Agreement is otherwise terminated according to Section 6 of this Agreement or extended'according to the conditions and terms set forth in this Agreement. 3.06. Time is of the essenoofor all Work contemplated by this Agreement. Contractor shall start performing Services under this Agreement only after notification by the C~ ' - Method of Performing Services 3.07. Contractor will determine and is responsible for the method, details, and means of performing the above-described Services. Status of Contractor 3.08. Contractor enters into this Agreement, and 'will remain throughout the term of this Agreement, as an independent contractor. Contractor agrees that it is not and will not become an employee, partner, agent, or principal of City while this. Agreement is in effect. Contractor agrees it is not entitled to the rights or benefits Page 4 of 18 afforded to City's employe'es, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, and other insurance, worker's compensation, training, permits, and licenses for itself and for its ,employees and subcontractors. Contractor shall have complete and sole control over its employees, the details of the Services and methods by which the Services are accomplished, it being understood that City is interested only in the results to be obtained by Contractor. 3.09. Contractor has no authority to enter contracts or agreements on behalf of City. This Agreement does not create a partnership or joint venture between the parties. Payment of Taxes 3.10. Contractor is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by City to the Contractor for Services under this Agreement. Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor's failure to comply with this provision. 3.11., Payroll taxes including federal, state and local taxes shall not be withheld or paid by City on behalf of Contractor or for the employees of the Contractor. Contractor shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax purposes. Contractor shall be responsible to pay taxes mandated by law. 3.12. Since Contractor is not an employee of City, Contractor is not eligible for and shall not partiCipate in any employee benefit of City, including pension, health or other fringe benefits. SECTION 4. COMPENSATION 4.01. In consideration for the Services to be performed by Contractor, described in Section 3 of this Agreement, City agrees to pay Contractor the sum of Sixty Three Thousand Six Hundred Fifty Nine and no/100 Dollars ($63,659.00) (the "Contract Price"). City also agrees to purchase a hydraulic computer model used to facilitate the original analysis for the amount of Eight Thousand Eight Hundred Eighteen and no/100 Dollars ($8,818.00). Entire Compensation 4.02. The Contract Price is full and complete compensation, and constitutes the entire compensation due Contractor for the Services and any and all of Contractor's Page 5 of 18 obligations hereunder, regardless of difficulty, unforeseen circumstances, hours worked or equipment, materials or personnel required. The Contract Price includes without limitation compensation for applicable taxes, customs duties, fees, overhead, profit, travel time to and from the Premises and all other direct and indirect costs incurred or to be incurred by Contractor hereunder. The Contract Price set forth above is not subject to escalation for any reason except as expressly set forth in this Agreement. No adjustments in compensation shall be made as a result of changes in the value of any currency. The Contract Price shall only be adjusted by formal, written Change Order or amendment to this Agreement. Payment of Compensation . 4.03. For Services rendered under Section 3 of this Agreement, City agrees to pay Contractor the sum set forth in Paragraph 4.01 of this Agreement on completion of Work and within thirty (30) days of acceptance and approval of an invoice prepared in accordance with City requirements. 4.04. For Services rendered under Section 3 of this Agreement, Contractor shall be entitled to receive monthly payments. Contractor shall submit to City a monthly invoice and statement of Services, prepared in accordance with City requirements, by the fifteenth (15th) of each month, forthe prior calendar month's completed Work. City will make payments to Contractor within thirty (30) days after acceptance and approval of the invoice received from Contractor. 4.05. Contractor shall be responsible for paying any subcontractors used in the performance of this Agreement. Subcontractors shall not bill the City directly. . Expenses 4.06. City shall not be liable to Contractor for any expenses paid or incurred by Contractor. Expenses may only be billed if advance written approval has been obtained from the City Administrator. Compensation for Changes 4.07. The compensation due Contractor, or the credit due City, for changes may not be established verbally, and shall be established in a written change order signed by City as described in Sections 3.03 and 3.04 of this Agreement. Compensation adjustments in each such change order shall be established by one or more of the following bases, as determined by City: (a) a lump sum price to be negotiated between the parties; or (b) Work unit rates to be negotiated between the parties. Once established, the amount of the compensation due Contractor or credit due City for a change shall not be subject to adjustment for any reason, including changes in the value of any currency. Page 6 of 18 SECTION 5. OBLIGATIONS OF THE PARTIES 5.01. Contractor is responsible for meeting all conditions of this Agreement 'and City Standards & Details for all Work performed. Substandard Work, as determined solely by the City, shall be redone at the expense of the Contractor. Products of Consulting 5.02. All products of consulting services including, but not limited to; manuals, documents and/or computer software, shall become the property of the City and shall be delivered to the City before the end of the performance of this Agreement. Basic notes and sketches, charts, computations and other data shall be made available to City without restriction or limitation on .their use. Liability Insurance 5.03. Contractor and its sUbcontractor(s), if any, shall, prior to commencement of any Work and for the duration of this Agreement, obtain and maintain at its own expense, those minimum levels of insurance coverage as set forth below. Prior to commencing Work hereunder, Contractor shall provide the City with proof of insurance providing and maintaining the coverages and endorsements set forth below. Said proof of insurance shall also provide that said policy or policies shall not be canceled or materially reduced in coverage without giving at least thirty (30) days prior written notice to the City. 5.04. The insurance coverage as listed herein, shall be properly endorsed to include those contractual obligations which may be identified further within this Agreement and shall be endorsed to provide City all the rights and privileges of an additional insured. 5.05. Contractor shall cause its insurers to issue, including but not limited to, Certificates of Insurance or, upon request, certified copies of the insurance policies evidencing that the coverages and policy endorsements required under this Agreement, are maintained in force. 5.06. Contractor shall ensure its sUbcontractor(s), if any, maintain those insurance requirements as specified in this Agreement and are endorsed as additional insured(s) on all required Contractor insurance coverages. Contractor and its sUbcontractor(s), if any, shall maintain in effect the following minimum insurance coverages on an Occurrence Form Policy: A. Workers Compensation within the statutory limits, including occupational illness or disease coverage in accordance with the laws of the nation, state, territory, or province exercising jurisdiction over Contractor's employees. Workers Compensation and Employers Liability Insurance Page 7 of 18 shall have a minimum limit of $1 ,000,000 per occurrence. Contractor further agrees to hold harmless and indemnify City for any and all claims arising out of an injury, disability, or death of any of Contractor's employees or agents. B. Comprehensive General Liability Insurance, including, but not limited to,' Contractual Liability, Products and Completed Operations Liability, Broad Form Property Damage and Bodily Injury Liability, and Explosion, Collapse and Underground Liability, with a minimum combined single limit of $2,000,000 per occurrence. C. Comprehensive Automobile Insurance, including, but not limited to, all owned, non-owned or hired vehicles with a minimum combined single limit of $1 ,000,000 per occurrence for bodily injury and property damage. D. Excess Liability Insurance with limits of $2,000,000. Such evidence of insurance can either be through the primary insurance coverages or through an excess policy. Such insurance shall at all times be on an occurrence form and provide policy conditions as broad as those required in the primary insurance. 5.07. Contractor agrees to provide insurance in the amounts and forms specified above. Contractor shall submit to the City documentation indicating compliance with these minimum requirements no less than one (1) day prior to the beginning of performance under this Agreement. Contractor shall not commence perfol111ance of its Work under this Agreement until the above insurance has been obtained and proof of insurance has been filed with and approved by the City. 5.08. Contractor shall not permit a subcontractor or vendor to perform work on City premises unless and until a certificate of insurance is obtained showing that such subcon~ractor or vendor has worker's compensation coverage. If Contractor employs subcontractors as part of the Services rendered, Contractor's protective coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth above. Representations 5.09. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City and its elected officials, officers, agents and employees from all claims, suits, actions, demands, damages, liabilities, expenses, judgments, settlements, and penalties, losses, fines, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and all costs of defense, arising out of or attributable to the negligent or wrongful acts of Page 8 of 18 Contractor or its employees or agents under this Agreement, except to the extent arising from or caused by the sole negligence or willful misconduct of the City, its officers, agents or employees. The terms of this indemnity shall survive the termination of this Agreement. The obligations in this Paragraph are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. 5.10. Contractor and City represent that each has read and understands the Agreement and Contract Documents. The Contractor represents it understands the City's regulations concerning Premises access, badges, parking, security, safety, fire, prohibited drugs and alcohol, and smoking and other rules, and that Contractor has visited Premises where the Work is to be done and is familiar with the local conditions under which it is ,to be done. Contractor also represents that it is experienced in performing and competent and qualified to perform the kind of tasks or assignments included in the Work and employs or has available for employment in sufficient numbers all unskilled, skilled, administrative, supervisory, professional and managerial or other personnel required to perform the Work as required by this Agreement. 5.11. Contractor represents that it has the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of City. This means Contractor is able to fulfill the requirements of this Agreement. Failure to perform all the Services required under this Agreement constitutes a material breach of the Agreement. Contractor has complete and sole discretion for the manner in which the Work under this Agreement will be performed. 5.12. Contractor declares and states that is has complied with and will continue to comply with all federal, state and local laws regarding business permits and licenses that may be required to carry out the Services to be performed under this Agreement. . 5.13. Contractor agrees to indemnify, defend, and hold City free and harmless from all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties, attorney's fees and costs, that City may"incur as a result of a breach by Contractor of any representation or provision contained in this Agreement or any negligent or intentional acts or omissions by Contractor, it subcontractors, agents, and employees or based on any claim that any software program or other product used or furnished by Contractor in the performance of this Agreement constitutes an infringement of any United States patent or copyright. 5.14. Contractor's rights under this Agreement may not be assigned nor may its duties be delegated or subcontracted without the prior written consent of City. Any assignment or delegation or subcontract in violation of this Section shall, at City's Page 9 of 18 sole discretion, be void. Consent by City shall not relieve Contractor of responsibility for performance of Contractor's obligations hereunder. City may assign all or any part of this Agreement at any time effective immediately upon written notification to Contractor. 5.15. At all times while Work is being performed on the Premises each party shall be represented thereon by a designated representative. Each party may notify the other in writing of the identity of such persons from time to time. Work Injury 5.16. The treatment and care of injuries sustained by Contractor's employees, subcontractors, representatives or other personnel shall be and remain the responsibility of Contractor. City's first aid facilities, if any, however" will be made available to Contractor's employees in emergency cases which are the direct result of accidents occurring on the Premises. City shall incur no liability for, and Contractor hereby agrees to indemnify City against, any causes of action, claim, liability or costs, including attorney's fees, arising in whole or part out of the furnishing of such first aid facilities or assistance to Contractor's employees, subcontractors, representatives or other personnel, or out of the failure to furnish such facilities or assistance. . . Records, Inspection and Audit 5.17. During the course of Work being performed, Contractor and any of its subcontractors, shall maintain and retain, not less than three (3) years after '. completion thereof, complete and accurate records of the Contractor's costs - which are chargeable to the City under this Agreement. City or its designated, authorized representatives, shall have the right during this three (3) year period, upon written reasonable notice, to inspect and audit those records. Such records to be maintained and retained by the Contractor shall include: (a) payroll record accounting for the total time distribution of the Contractor's employees working full or part time on the Work (to permit tracing to payroll payments in cash); (b) . invoices for purchases, receiving and issuing documents, and all the other unit- inventory records for the Contractor's stores, stock or capital items; (c) paid invoices and canceled checks for material purchased and for the subcontractor's and any other third parties' charges; and (d) any other documentation City deems necessary to support costs and charges under this Agreement. Corporate Conduct 5.18. Contractor, its employees, agents or representatives'shall not offer or give to an officer, official or employee of City gifts, entertainment, payments, loans or other gratuities to influence the award of a contract or obtain favorable treatment under this Agreement or any other contract. Page 10 of 18 Standard of Care 5.19. . Contractor agrees that all Services provided will be conducted by the principal and 'competent staff members, if any, under the supervision of the principal, and that Services will be performed and rendered diligently. Contractor represents that it has, or shall secure, at its own expense, all personnel required to perform Contractor's Services under this Agreement, but at all times shall be responsible for the Services of such personnel. Contractor may not employ any subcontractor without the prior written approval of the City. Indemnity Process 5.20. The City shall notify Contractor in writing of any suits, claims or demands Covered by any indemnity contained in this Agreement. Promptly after receipt of such notice, Contractor shall assume the defense of such claim with counsel reasonably satisfactory to City. If Contractor fails, within a reasonable time after receipt of such notice, to assume the defense with counsel reasonably satisfactory to City, or if, in the reasonable judgment of City, a direct or indirect conflict of interest exists between the parties with respect to the claim, or if in the sole judgment of City the assumption and conduct of the defense by Contractor would materially and adversely affect City in any manner or prejudice its ability to conduct a successful defense, then the City shall have the right to undertake the defense, compromise and settlement of such claim for the account and at the expense of Contractor. Notwithstanding the above, if the City in its sole , discretion so elects, Cjty may also participate in the defense of such actions by employing counsel at its expense, without waiving the Gontractor's obligations to indemnify or defend. Contractor shall not settle or compromise any claim or consent to the entry of any judgment without the prior written consent of the City and without an unconditional release of all liability by each claimant or plaintiff to hC~ . Treatment of Confidential and Proprietary Information 5.21. For ten (10) years after the effective date of this Agreement, Contractor shall refrain from using any Confidential or Proprietary Information except in connection with the Work or from disclosing it to any third party other than to employees of Contractor who require it in performance of the Work and except to such other third persons as City may authorize in writing. If disclosure to such an employee or to other third persons is so authorized, Contractor shall enter into with said party a confidentiality agreement containing provisions with respect to use and disclosure of Proprietary Information substantially the same as those ,contained in this Agreement. 5.22. Contractor shall take reasonable precautions to safeguard any documents containing Proprietary Information which City may supply to Contractor Page 11 of 18 hereunder. Contractor may copy, in whole or part, such documents to the extent necessary for the performance of the Work, and Contractor shall return to City upon the completion of the Work or request by City all such documents and copies. 5.23. Except as expressly permitted by prior written consent of the City, Contractor and/or its subcontractors shall not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other means"any part of such Confidential Information to any other person or entity. Contractor and/or its subcontractors shall return any written Confidential Information and all copies made of such items to the City upon the City's written request, but in any event not later than th~ date that Contractor has performed all Work to be performed pursuant to this Agreement. Contractor hereby agrees that such Confidential Information and any documents provided may be used by Contractor and/or its subcontractors only as authorized by the City. Contractor shall include a provision in its agreements with subcontractors that binds the subcontractors to this noh-disclosur.e requirement. '5.24. All reports, plans, data, studies, maps, drawings, models, photographs, documents and other writings prepared by and for Contractor, its officers, employees, agents and subcontractors in the course of implementing this Agreement, with the exception of working notes, internal documents and Confidential Information provided by businesses located in City, shall be considered the property of City. Contractor shall deliver such documents and materials to the City as they are generated; however, Contractor may take and retain copies of said documents and materials that are not Confidential Information, as desired. ' ' 5.25. All reports, information, data and exhibits,prepared or assembled by Contractor in connection with the performance of its Services pursuant to this Agreement are confidential until released by the City to the public and Contractor agrees that such documents shall not be available to any individual or organization without the written consent of the City prior to such'release. 5.26. No reports, maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Contractor. Compliance with Authority 5.27. Contractor shall comply with all laws, regulations, executive orders and other applicable requirements of any governmental agencies having jurisdiction including the Fair labor Standards Act, the Occupational Safety and Health Act and all those relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any Page 12 of 18 .' applicant for employment for reasons of race, color, creed, religion, sex, sexual preference, age or national origin. ' 5.28. Contractor shall make timely payment of all employment taxes and of all social security and other contributions of every kind required to be made with respect to or mec;lsured by the wages and salaries of persons employed by Contractor. 5.29. Contractor shall indemnify City against, and hold City harmless from, any liability or loss including liability or loss from fines or penalties arising out of Contractor's failure to perform the obligations imposed upon it by Sections 5.28 and 5.29 of the Agreement. Progress Reports 5.30. Contractor shall meet with City staff, upon City's request, or as needed, in order to provide reports or information concerning the Services being performed by . Contractor under this Agreement. Contractor's License Classification 5.31. Contractor shall possess all appropriate licenses for the duration of this Agreement. SECTION 6. TERMINATION OF AGREEMENT 6.01. Unless otherwise terminated as provided in this Section, this Agreement will continue in effect until such time as the City receives a final report of the hydraulic analysis for the City's water distribution system a distribution system operational assessment, pump and SCADA recommendations necessary for the distribution system to operate as a closed system and cost estimates for the recommended system improvements, unless otherwise extended according to the terms and conditions set forth in this Agreement. Non-Default Termination 6.02. City, at its sole discretion, may terminate this Agreement upon thirty (30) days written notice to Contractor and such termination shall be effective in the manner specified in such notice and shall be without prejudice to any claim that either party may have against the other. During the thirty (30) day period after such notice is sent, the parties shall continue to act toward each other in good faith. 6.03. In the event of any such termination, in full and complete settlement for the termination of the Work, City shall pay Contractor for those Services performed prior to the date of delivery of the termination notice, plus compensation for (i) Page 13 of 18 necessary Work performed during the notice period and authorized in the ' termination notice, and (ii) all costs reasonably and necessarily incurred by Contractor directly attributable to termination which could not reasonably have been avoided and for which Contractor ,is not otherwise compensated that are incurred through the date of termination and effectuating the termination {"Termination Expenses"}. Termination Expenses shall not include lost profits, lost opportunities, consequential damages, or the like. In no event shall total payment exceed the Contract Price. Termination on Occurrence of Stated Events 6.04. This Agreement will terminate automatically on the occurrence of any of the following events: A. Bankruptcy or insolvency of either party; or B. Sale of the Contractor; or C. Assignment of this Agreement by Contractor without City's written consent. Termination for Default 6.05. If Contractor defaults in the performance of this Agreement or materially breaches any of its provisions, City may immediately terminate this Agreement by giving written notification to Contractor indicating the effective date of such termination. Termination will take effect immediately upon the date specified, in the notification. For the purposes of this paragraph, material breach of this Agreement includes, but is not limited to, the following: A. Contractor's failure to perform, in,a manner satisfactory to the City in its sole discretion, the Services specified in Section 3 of this Agreement; or B. Contractor's material breach of any obligation or provision contained in Section 5 of this Agreement. 6.06. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. Page 14 of 18 6.07. In the event 'of any termination of this Agreement or reduction in the scope of the Work, Contractor shall not be entitled to damages for loss of profits for the unexecuted portion of the Work or any other damages because of such termination or reduction. ' , SECTION 7. GENERAL PROVISIONS Notices 7.01. All notices, approvals, consents and other communications between the parties shall be ,in writing, and shall be sent by fax or by certified mail (return receipt requested) to the respective addresses ~et forth below, or at ,such other address as may be furnished by either party to the other in writing. Faxed notices, confirmed by copy thereof, shall be deemed communicated as of the day the facsimile was sent. Mailed notices will be deemed communicated as of the day of receipt or the third (3rd) day after mailing, whichever occurs first. Contractor -Infrastructure Engineering Corporation Attn: Preston H. Lewis, Principal-in-Charge 14271 Danielson Street Poway, CA 92064 Fax: 858-413-2440 Telephone: 858-413-2400 City - City of Vernon Attn: Bruce V. Malkenhorst, City Administrator/City Clerk 4305 Santa Fe Avenue Vernon, CA 90058 Fax: 323-826-1438 Telephone: 323-583~8811 ext 260 Entire Agreement of the Parties 7.02. This Agreement supercedes any and all agreements, either oral or written, between the parties with respect to the rendering of Services by Contractor for City and contains all of the representations, covenants, and agreements between the parties with respect to the subject matter of this Agreement and the rendering of those Services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement or a subsequent amendment or change order shall be valid or binding. No amendment or change in the provisions of this Agreement shall be made, except in a formal written amendment signed by Contractor and an authorized representative of the City, or in a written change order. Contractor expressly waives all claims for compensation based upon quantum merit, implied contract or oral contract. Each party represents and warrants that it has read and fully familiarized itself with this Agreement, and that Page 15 of 18 such party has been fully authorized tp sign this Agreement. 7.03. This Agreement shall' be comprised of these included provisions, together with Exhibits A and B, which are all attached. In the event of conflict between this Agreement and any of the exhibits,including the Proposal, this Agreement shall prevail. Partial Invalidity 7.04. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. Law and Arbitration 7.05. All disputes arising out of or related to this Agreement, the conduct of either party in connection with this Agreement, and the relationship and rights of the parties in connection with this Agreement, whether characterized as breach of contract, tort, or otherwise (except for those requesting injunctive relief) shall be determined by binding arbitration in accordance with the terms of this Section. The submittal of all matters to arbitration in accordance with the terms of this Section is the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under this Agreement, except for claims by either party which seek injunctive relief, which claims shall be resolved by suit filed in the Superior Court of Los Angeles County, California, the decision of which court shall be subject to appeal pursuant to appricable law. The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in accordance with the terms of this Section, relying on arbitration as the sole means of resolution of disputes. Arbitration of all matters required to be arbitrated hereunder shall take place before a panel of three retired jUdges of the Superior Court of the State of California (the "Arbitrators") under the auspices of Judicial Arbitration & Mediation Services, Inc. ("JAMS"), Such arbitration shall be initiated by the parties, or either of them, within ten (10) calendar days after either party sends notice of a demand to arbitrate (the "Arbitration Notice") to the other party and to JAMS. The Arbitration Notice shall contain a description of the subject matter of the arbitration, the dispute with respect thereto, the amount involved, if any, and the remedy or determination sought. Each party shall select a retired judge from the JAMS panel, and the two selected judges shall mutually agree on the third retired judge from the JAMS panel. If one of the parties does not select a retired jUdge from the JAMS panel within fourteen (14) calendar days after receipt of the Arbitration Notice, JAMS will select the second judge, and the judge selected by JAMS and ,the judge selected by the other party will select the third judge for the panel. The third jUdge is to be selected within ten (10) calendar days following the selection of the first two judges. The three judges will together serve as the Arbitrators. Page 160f 18 The arbitration shall be conducted in Los Angeles, California. Any party may be represented by counsel and/or other authorized representative. In rendering a decision(s), the Arbitrators shall determine the rights and obligations of the parties according,to the substantive and procedural laws of the State of California and the terms of this Agreement. The decision of the Arbitrators shall be based on the evidence introduced at the hearing and accompanied by a written statement of decision as to each of the principal controverted issues. the agreement of two of the three Arbitrators as to the resolution of the dispute shall be a conclusive resolution. The Arbitrators shall deliver the written decision to the parties within thirty (30) calendar days following the date of the selection of the last of the Arbitrators. The decision shall be conclusive and binding, and it may thereafter be cohfirmedas a judgment by the Superior Court of the State of California, subject only to challenge on the grounds set forth in the California Code of Civil Procedure Section 1286.2. The validity and enforceability of the decision of the Arbitrators is to be determined exclusively by the California courts. Attorney's Fees 7.06. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys' fees and actual costs, which may be set by the ,arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. 7.07. Neither party shall be considered in default in any of its obligations under this Agreement when'a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightning, epidemic, war,riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. 7.08. Except as may otherwise be specifically provided herein, this Agreement may be modified or amended only by a written document executed by both Contractor and the City and approved as to form by the CityAttorney. 7.09. The captions used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of the Agreement or any part Page 17 of 18 thereof. 7.10. City reserves the right to award similar contracts to multiple contractors to ensure the City has adequate services. IN WITNESS WHEREOF, the parties have executed the Agreement on the dates shown below. Executed at , California, on City: City of Vernon Name: Leonis C. Malburg, Mayor Date: ATTEST: Bruce V. Malkenhorst, City Clerk APPROVED AS TO FORM: Eric T. Fresch, City Attorney Contractor: Date: ~ /z.s /t:>'5 Name: "kikl/!t/tJ/Lq /?rrN;;t:T$ .tf/tjI5d< Title: ' C;p() Date: "Sh/oj" Page 18 of 18