HomeMy WebLinkAboutAlbert A. Webb Associates-2010-25 •
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
Albert A. Webb Associates
Construction Management, Inspection and Staking Services for Grand Terrace Road
THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT ("Agreement") is
made and entered into this th day of October, 2010, ("Effective Date") by and between the
COMMUNITY REDEVELOPMENT AGENCY ("Agency"), a public entity, and Albert A.
Webb Associates, ("Consultant").
I. Scope of Services. Agency agrees to retain and does hereby retain Consultant and
Consultant agrees to provide the services more particularly described in Exhibit "A", "Scope of
Services, Project Schedule, and Fees", attached hereto and incorporated herein by reference, in
conjunction with providing construction management, inspection, and construction survey
staking services to the Agency ("Services") for Grand Terrace Road between Barton Road and
Vivienda Avenue.
2. Term. This Agreement shall be effective on the date first written above unless
otherwise provided in Exhibit "A" and the Agreement shall remain in effect until June 30, 2011,
unless otherwise terminated pursuant to the provisions herein.
3. Compensation/Payment. Consultant shall perform the Services under this
Agreement for the total sum not to exceed Twenty-Six Thousand Nine Hundred Sixty-Eight
dollars ($26,968.00) through the term in accordance with Exhibit "A". Said payments shall be
made in accordance with Agency's usual accounting procedures upon receipt and approval of an
itemized invoice setting forth the services performed. The invoices shall be delivered to Agency
at the address set forth in Section 4 hereof.
4. Notices. Any notices required to be given hereunder shall be in writing and shall be
personally served or given by mail. Any notice given by mail shall be deemed given when
deposited in the United States Mail, certified and postage prepaid, addressed to the party to be
served as follows:
To Agency: To Consultant:
Community Redevelopment Agency Wally Franz, Albert A. Webb Associates
Attn: Joyce Powers 3788 McCray Street
22795 Barton Road Riverside, California 92506
Grand Terrace, California 92313
5. Prevailing Wage. If applicable, Consultant and all subcontractors are required to pay
the general prevailing wage rates of per diem wages and overtime and holiday wages determined
by the Director of the Department of Industrial Relations under Section 1720 et seq. of the
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California Labor Code and implemented the City Council of the City of Grand Terrace. The
Director's determination is on file and open to inspection in the office of the City Clerk and is
referred to and made a part hereof; the wage rates therein ascertained, determined, and specified
are referred to and made a part hereof as though fully set forth herein.
6. Contract Administration. A designee of the Agency will be appointed to administer
this Agreement on behalf of the Agency and shall be referred to herein as Contract
Administrator.
7. Standard of Performance. While performing the Services, Consultant shall exercise
the reasonable professional care and skill customarily exercised by reputable members of
Consultant's profession practicing in the Metropolitan Southern California Area, and shall use
reasonable diligence and best judgment while exercising its professional skill and expertise.
8. Personnel. Consultant shall furnish all personnel necessary to perform the Services
and shall be responsible for their performance and compensation. Consultant recognizes that the
qualifications and experience of the personnel to be used are vital to professional and timely
completion of the Services. The key personnel listed in Exhibit "B" attached hereto and
incorporated herein by this reference and assigned to perform portions of the Services shall
remain assigned through completion of the Services, unless otherwise mutually agreed by the
parties in writing, or caused by hardship or resignation in which case substitutes shall be subject
to Agency approval.
9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or
obligation in or under this Agreement to any other entity without prior written consent of the
other party. In any event, no assignment shall be made unless the assignee expressly assumes the
obligations of assignor under this Agreement, in a writing satisfactory to the parties. Consultant
shall not subcontract any portion of the work required by this Agreement without prior written
approval by the responsible Agency's Contract Administrator. Subcontracts, if any, shall contain
a provision making them subject to all provisions stipulated in this Agreement, including without
limitation, the insurance obligations set forth in Section 12. Consultant acknowledges that any
transfer of rights may require Agency Executive Director and/or City Council approval.
10. Independent Contractor. In the performance of this Agreement, Consultant, and
Consultant's employees, subcontractors and agents, shall act in an independent capacity as
independent contractors, and not as officers or employees of the City of Grand Terrace.
Consultant acknowledges and agrees that Agency has no obligation to pay or withhold state or
federal taxes or to provide workers' compensation or unemployment insurance to Consultant, or
to Consultant's employees, subcontractors and agents. Consultant, as an independent contractor,
shall be responsible for any and all taxes that apply to Consultant as an employer.
1 I. Indemnification.
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11.1 Indemnity. Except as to the negligence or willful misconduct of the Agency,
Consultant shall defend, indemnify and hold the Agency, and its officers, employees and agents,
harmless from any and all loss, damage, claim for damage, liability, expense or cost, including
attorneys' fees, which arises out of or is in any way connected with the performance of work
under this Agreement by Consultant or any of the Consultant's employees, agents or
subcontractors and from all claims by Consultant's employees, subcontractors and agents for
compensation for services rendered to Consultant in the performance of this Agreement,
notwithstanding that the City and/or Agency may have beneficed from their services. This
indemnification provision shall apply to any acts or omissions, willful misconduct or negligent
conduct, whether active or passive, on the part of Consultant or of Consultant's employees,
subcontractors or agents.
11.2 Attorney's Fees. The parties expressly agree that any payment, attorneys' fees,
costs or expense that the Agency incurs or makes to or on behalf of an injured employee under
the Agency's self-administered workers' compensation is included as a loss, expense or cost for
the purposes of this Section, and that this Section shall survive the expiration or early termination
of the Agreement.
12. Insurance.
12.1 General Provisions. Prior to the Agency's execution of this Agreement, Consultant
shall provide satisfactory evidence of, and shall thereafter maintain during the term of this
Agreement, such insurance policies and coverages in the types, limits, forms and ratings required
herein. The rating and required insurance policies and coverages may be modified in writing by
the Agency's Risk Manager or Agency Attorney, or a designee, unless such modification is
prohibited by law.
12.1.1 Limitations. These minimum amounts of coverage shall not constitute any
limitation or cap on Consultant's indemnification obligations under Section 11 hereof.
12.1.2 Ratings. Any insurance policy or coverage provided by Consultant or
subcontractors as required by this Agreement shall be deemed inadequate and a material breach
of this Agreement, unless such policy or coverage is issued by insurance companies authorized
to transact insurance business in the State of California with a policy holder's rating of B+ or
higher and a Financial Class of VII or higher.
12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior
written notification of intended cancellation has been given to Agency by certified or registered
mail, postage prepaid.
12.1.4 Adequacy. The Agency, its officers, employees and agents make no
representation that the types or limits of insurance specified to be carried by Consultant pursuant
to this Agreement are adequate to protect Consultant. If Consultant believes that any required
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insurance coverage is inadequate, Consultant will obtain such additional insurance coverage as
Consultant deems adequate, at Consultant's sole expense.
12.2 Workers' Compensation Insurance: By executing this Agreement, Consultant
certifies that Consultant is aware of and will comply with Section 3700 of the Labor Code of the
State of California requiring every employer to be insured against liability for workers'
compensation, or to undertake self-insurance before commencing any of the work. Consultant
shall carry the insurance or provide for self-insurance required by California law to protect said
Consultant from claims under the Workers' Compensation Act. Prior to Agency's execution of
this Agreement, Consultant shall file with Agency either (1) a certificate of insurance showing
that such insurance is in effect, or that Consultant is self-insured for such coverage, or (2) a
certified statement that Consultant has no employees, and acknowledging that if Consultant does
employ any person, the necessary certificate of insurance will immediately be filed with Agency.
Any certificate filed with Agency shall provide that Agency will be given ten (10) days prior
written notice before modification or cancellation thereof.
12.3 Commercial General Liability and Automobile Insurance. Prior to Agency's
execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the
term of this Agreement, commercial general liability insurance and automobile liability
insurance as required to insure Consultant against damages for personal injury, including
accidental death, as well as from claims for property damage, which may arise from or which
may concern operations by anyone directly or indirectly employed by, connected with, or acting
for or on behalf of Consultant. The Agency, and its officers, employees and agents, shall be
named as additional insureds under the Consultant's insurance policies.
12.3.1 Consultant's commercial general liability insurance policy shall cover both bodily
injury (including death) and property damage (including, but not limited to, premises operations
liability, products-completed operations liability, independent Consultant's liability, personal
injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence
and a general aggregate limit in the amount of not less than $2,000,000.
12.3.2 Consultant's automobile liability policy shall cover both bodily injury and
property damage in an amount not less than $500,000 per occurrence and an aggregate limit of
not less than $1,000,000. All of Consultant's automobile and/or commercial general liability
insurance policies shall cover all vehicles used in connection with Consultant's performance of
this Agreement, which vehicles shall include, but are not limited to, Consultant owned vehicles,
Consultant leased vehicles, Consultant's employee vehicles, non-Consultant owned vehicles and
hired vehicles.
12.3.3 Prior to Agency's execution of this Agreement, copies of insurance policies or
original certificates and additional insured endorsements evidencing the coverage required by
this Agreement, for both commercial general and automobile liability insurance, shall be filed
with the Agency and shall include the Agency and its officers, employees and agents, as
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additional insureds. Said policies shall be in the usual form of commercial general and
automobile liability insurance policies,but shall include the following provisions:
It is agreed that the Community Redevelopment Agency and its officers,
employees and agents, are added as additional insureds under this policy, solely
for work done by and on behalf of the named insured for the Community
Redevelopment Agency.
12.4 Errors and Omissions Insurance. Prior to Agency's execution of this Agreement,
Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, errors
and omissions professional liability insurance in the minimum amount of $1,000,000 to protect
the Agency from claims resulting from the Consultant's activities.
12.5 Subcontractors' Insurance. Consultant shall require all of its subcontractors to
carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, that may be
caused by the subcontractors' scope of work and activities provided in furtherance of this
Agreement, including, but without limitation, the following coverages: Workers Compensation,
Commercial General Liability, Errors and Omissions, and Automobile liability. Upon Agency's
request, Consultant shall provide the Agency with satisfactory evidence that Subcontractors have
obtained insurance policies and coverages required by this section.
13. Business Tax. Consultant understands that the Services performed under this
Agreement constitutes doing business in the City of Grand Terrace, and Consultant agrees that
Consultant will register for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace
Municipal Code and keep such tax certificate current during the term of this Agreement.
14. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
15. Agency's Right to Employ Other Consultants. Agency reserves the right to
employ other Consultants in connection with the Project.
16. Accounting Records. Consultant shall maintain complete and accurate records with
respect to costs incurred under this Agreement. All such records shall be clearly identifiable.
Consultant shall allow a representative of Agency during normal business hours to examine,
audit, and make transcripts or copies of such records and any other documents created pursuant
to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other materials
either created by or provided to Consultant in connection with the performance of this
Agreement shall be held confidential by Consultant, except as otherwise directed by Agency's
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Contract Administrator. Nothing furnished to Consultant which is otherwise known to the
Consultant or is generally known, or has become known, to the related industry shall be deemed
confidential. Consultant shall not use Agency's name or insignia, photographs of the Project, or
any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper,
television or radio production, website, or other similar medium without the prior written consent
of the Agency.
18. Ownership of Documents. All reports, maps, drawings and other contract
deliverables prepared under this Agreement by Consultant shall be and remain the property of
Agency upon Agency's compensation to Consultant for its services as herein provided.
Consultant shall not release to others information furnished by Agency without prior express
written approval of Agency.
19. Conflict of Interest. Consultant, for itself and on behalf of the individuals listed in
Exhibit `B", represents and warrants that by the execution of this Agreement, they have no
interest, present or contemplated, in the Project affected by the above-described Services.
Consultant further warrants that neither Consultant, nor the individuals listed in Exhibit"B" have
any real property, business interests or income interests that will be affected by this project or,
alternatively, that Consultant will file with the Agency an affidavit disclosing any such interest.
20. Solicitation. Consultant warrants that Consultant has not employed or retained any
person or Agency to solicit or secure this Agreement, nor has it entered into any agreement or
understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure
this Agreement. For breach of this warranty, Agency shall have the right to terminate this
Agreement without liability and pay Consultant only for the value of work Consultant has
actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise
recover from Consultant the full amount of such commission, percentage, brokerage or
commission fee. The remedies specified in this section shall be in addition to and not in lieu of
those remedies otherwise specified in this Agreement.
21. General Compliance with Laws. Consultant shall keep fully informed of federal,
state and local laws and ordinances and regulations which in any manner affect those employed
by Consultant, or in any way affect the performance of services by Consultant pursuant to this
Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and
regulations, and shall be solely responsible for any failure to comply with all applicable laws,
ordinances and regulations.
22. Amendments. This Agreement may be modified or amended only by a written
Agreement and/or change order executed by the Consultant and Agency.
23. Termination. Agency, by notifying Consultant in writing, shall have the right to
terminate any or all of Consultant's services and work covered by this Agreement at any time. In
the event of such termination, Consultant may submit Consultant's final written statement of the
amount of Consultant's services as of the date of such termination based upon the ratio that the
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work completed bears to the total work required to make the report complete, subject to the
Agency's rights under Sections 15 and 24 hereof. In ascertaining the work actually rendered
through the termination date, Agency shall consider completed work, work in progress and
complete and incomplete reports and other documents only after delivered to Agency.
23.1 Other than as stated below, Agency shall give Consultant thirty (30) days prior
written notice prior to termination.
23.2 Agency may terminate this Agreement upon fifteen (15) days written notice to
Consultant, in the event:
23.2.1 Consultant substantially fails to perform or materially breaches the Agreement; or
23.2.2 Agency decides to abandon or postpone the Project.
24. Offsets. Consultant acknowledges and agrees that with respect to any business tax or
penalties thereon, utility charges, invoiced fee or other debt which Consultant owes or may owe
to the Agency, Agency reserves the right to withhold and offset said amounts from payments or
refunds or reimbursements owed by Agency to Consultant. Notice of such withholding and offset
shall promptly be given to Consultant by Agency in writing. In the event of a dispute as to the
amount owed or whether such amount is owed to the Agency, Agency will hold such disputed
amount until either the appropriate appeal process has been completed or until the dispute has
been resolved.
25. Successors and Assigns. This Agreement shall be binding upon Agency and its
successors and assigns, and upon Consultant and its permitted successors and assigns, and shall
not be assigned by Consultant, either in whole or in part, except as otherwise provided in
paragraph 9 of this Agreement.
26. Venue and Attorneys' Fees. Any action at law or in equity brought by either of the
parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall
be tried in a court of competent jurisdiction in the County of San Bernardino, State of California,
and the parties hereby waive all provisions of law providing for a change of venue in such
proceedings to any other county. In the event either party hereto shall bring suit to enforce any
term of this Agreement or to recover any damages for and on account of the breach of any term
or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall
recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such
action.
27. Nondiscrimination. During Consultant's performance of this Agreement, Consultant
shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry,
age, physical disability, mental disability, medical condition, including the medical condition of
Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status,
sex, or sexual orientation, in the selection and retention of employees and subcontractors and the
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procurement of materials and equipment, except as provided in Section 12940 of the California
Government Code. Further, Consultant agrees to conform to the requirements of the Americans
with Disabilities Act in the performance of this Agreement.
28. Severability. Each provision, term, condition, covenant and/or restriction, in whole
and in part, of this Agreement shall be considered severable. In the event any provision, term,
condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared
invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed
from this Agreement and shall not affect any other provision, term, condition, covenant and/or
restriction of this Agreement, and the remainder of the Agreement shall continue in full force and
effect.
29. Authority: The individuals executing this Agreement and the instruments referenced
herein on behalf of Consultant each represent and warrant that they have the legal power, right
and actual authority to bind Consultant to the terms and conditions hereof and thereof.
30. Entire Agreement: This Agreement constitutes the final, complete, and exclusive
statement of the terms of the agreement between the parties pertaining to the subject matter of
this Agreement, and supersedes all prior and contemporaneous understandings or agreements of
the parties. Neither party has been induced to enter into this Agreement by, and neither party is
relying on, any representation or warranty outside those expressly set forth in this Agreement.
31. Interpretation. Agency and Consultant acknowledge and agree that this Agreement
is the product of mutual arms-length negotiations and accordingly, the rule of construction,
which provides that the ambiguities in a document shall be construed against the drafter of that
document, shall have no application to the interpretation and enforcement of this Agreement.
31.1 Titles and captions are for convenience of reference only and do not define,
describe or limit the scope or the intent of the Agreement or any of its terms. Reference to
section numbers are to sections in the Agreement unless expressly stated otherwise.
31.2 This Agreement shall be governed by and construed in accordance with the laws
of the State of California in effect at the time of the execution of this Agreement.
31.3 In the event of a conflict between the body of this Agreement and Exhibit "A"
hereto, the terms contained in Exhibit "A" shall be controlling.
32. Exhibits. The following exhibits attached hereto are incorporated herein to this
Agreement by this reference:
Exhibit"A" - Scope of Services, Project Schedule, and Fees
Exhibit"B" - Personnel
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IN WITNESS WHEREOF Agency and Consultant have caused this Agreement to be
duly executed the day and year first above written.
Company
COMMUNITY REDEVELOPMENT Albert . Webb Associates
AGENCY, y
A Public Entity By:
\ cz �� Viclly Fr
e President
By: /y'8/� Vice Pre
Be M. A ams
Agency Executive Director By
Scott Webb
Attest: Chief Financial Officer
Agency Secretary/City Clerk
APPROVED AS FORM:
By:
Agency Att rn
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EXHIBIT"A"
SCOPE OF WORK
CONSTRUCTION MANAGEMENT AND INSPECITON
Construction Stage:
I. Prior to commencement of work, Webb Associates will conduct a preconstruction meeting.
Attendees should include the City, contractor, design consultants, inspectors, affected
agencies and utility companies, adjacent property owners and/or businesses, and other
interested parties as required.
2. Webb Associates' inspector will monitor the daily construction operations by providing daily
labor, equipment and material reports, extra work reports, and disputed work reports [140
inspection hours (i.e. approximately 3.25 hours per day for 60 calendar days has been
assumed)].
3. The inspector, with the assistance of the construction manager, shall monitor all construction
for satisfactory performance.
4. Webb Associates will schedule one (1) progress meeting. Attendees will include the City,
consultants, contractor, inspector, applicable utility companies, geotechnical/materials testing
representative, as well as other interested parties. The meeting will consist of a review of
contractor problems, scheduling, cost items, etc. Meeting notes shall document all "action
items", responsible party to follow up on the action item, and a target completion date for the
completion of the action item. Webb Associates will prepare and distribute meeting notes to
all attendees.
5. Webb Associates will prepare Weekly Working Day Statements and send to the Contractor.
6. Webb Associates will prepare and process Construction Change Orders (CCO's) [assume
two (2)] as outlined in the following procedures:
• The City will be notified of pending change orders
• Scope of Work will be defined
• Reason for change order will be defined
• Backcharge, if applicable, will be determined
• All change orders shall require the signature of the following parties:
o Contractor
o Construction Manager
o Project Inspector
o City
• At the conclusion of the construction project, a Change Order Summary shall be provided
to the City.
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7. Review the construction schedule prepared by the Contractor for compliance with the
contract and monitor throughout construction.
8. Review and verify contractor's monthly progress estimates [assume three (3)] and payments
made therein and prepare progress payments.
9. Ensure Federal and State Labor Compliance requirements are met.
10. Coordinate review of contractor's R.F.I. (request for information). Two (2) R.F.I's have
been assumed.
11. Coordinate the review and approval by others of shop drawings and other submissions from
the Contractor; record data received, maintain a file of the drawings and submissions, and
check construction for compliance with approved documents.
12. Coordinate compaction and materials testing.
13. Review laboratory test reports.
14. Provide scope of services outlined in the City's Request for Proposal.
Post Construction Stage:
1. The Webb inspector and City oversight inspector will prepare a list of incomplete or
unsatisfactory items ("punch list") and supply this list to the Contractor. Following
corrections and completion of the punch list and Contractor giving notice to the inspectors
that the work is ready for inspection, the inspectors will inspect the work for final
compliance.
2. The last change order to be prepared shall be a "balancing change order" that reconciles all
quantity adjustments and previous change orders.
3. Webb Associates will prepare and have a Notice of Completion (NOC) recorded.
4. Webb Associates will deliver a final completed project to the City which is in compliance
with all applicable codes, standards, and requirements per the County CDBG Program and
City regulations.
5. Webb Associates will provide written notice of project completion to the City.
6. Webb Associates will make a copy of and then coordinate transfer of record drawings ("as-
builts") to the design engineer who in turn will provide revised mylars to the City.
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CONSTRUCTION STAKING SERVICES:
1. Set up control for the project.
2. Paint saw cut lines for pavement removals.
3. Provide certification of Sub-grade elevation for placement of base material, and provide
certification of base grade for placement of AC pavement. One move-in is provided for
each type(2 move-ins total) from station 20+90 to 28+56.
4. Curb Stakes: Provide one set of stakes for curb installation between station 26+88 to
27+75 and 28+18 to 28+56 every 10'. One move-in provided for curb stakes.
5. Edge of Pavement: Provide one set of stakes for redwood header at every 25'. One move-
in for redwood header.
6. Provide one set of stakes for cross-gutters. Move in included in curb stakes.
7. Provide necessary reference monuments and appropriate documentation for replacement
of Survey monument located at the intersection of Grand Terrace Road and Vivenda
Avenue which will be destroyed due to construction as required by the Land Surveyor's
Act and Local Ordinance.
8. Total of 24-hours of 2-person survey party hours (5 move-ins) for construction staking
services.
Additional Services:
Services which are not specifically identified herein as services to be performed by Webb
Associates are considered Additional Services for the purposes of this Proposal. The City may
request that Webb Associates perform services which are Additional Services. Webb Associates
will perform such additional services upon execution of an amendment to this Agreement setting
forth the scope, schedule and fee for such additional services.
Exclusions:
Any work relating to the following is specifically excluded for the Construction Services
proposed herein and, if required, must be contracted for under a separate contract or as an
addendum to this contract:
• Pre-Bid Activities
• Bidding Activities
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• Utility Potholing
• Traffic Management Plans
• Storm Water Pollution Prevention Plans (SWPPP)
• Permit Payments
• Construction Inspection Overtime
• Additional Construction Inspection
• Property Acquisition Service
• Utility Relocation Plans
• Additional Meetings
• Any other work task not specifically in the Scope of Services
FEES
Total fees for Construction Management, Inspection Services, and Construction Surveying
services for the project, as outlined in Exhibit "A", will be provided on a time and material basis,
in accordance with the attached Schedule of Fees. The approximate breakdown of services is as
follow:
Construction Management and Inspection Services $20,224
Construction Surveying Services: $ 6,744
Total: $26,968
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EXHIBIT "B"
PERSONNEL
Albert A.Webb Associates
Wally Franz, PE—Principal-in-Charge
Dilesh Sheth,TE—Project Manager
Dave Romero—Construction Manager
Richard Scott—Construction Manager/ Inspector
Sonja Hooker— Environmental Compliance
Joseph Caldwell, PE—SWPPP Review
Doug Webber— Survey
2-Man Survey Crew
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