SR 04-12-2022 3A
City Council
Report
City Council Meeting: April 12, 2022
Agenda Item: 3.A
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street
Services
Subject: Approval of Contract Modification with Kiewit Infrastructure West Company for
the Operations Phase Guaranteed Maximum Price Amendment for the
Sustainable Water Infrastructure Project
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and
execute a second Guaranteed Maximum Price amendment to Design-Build Agreement
No. 10736 (CCS) in the amount not to exceed $4,827,058 (including $198,806 City
contingency), with Kiewit Infrastructure West Co. This amendment will enable Kiewit to
operate, maintain, and manage the Sustainable Water Infrastructure Project facilities for
two years and will result in a total contract amount not to exceed $97,300,548.
Summary
Expected to be completed by October 2022, the Sustainable Water Infrastructure
Project (SWIP) captures and treats urban runoff, stormwater and municipal wastewater
for non-potable uses (e.g., irrigation and toilet flushing) and to recharge local
groundwater aquifers. The SWIP would supply up to 1,680 acre-feet per year of clean
water, which represents up to up to 10% of the City’s annual water demand as indicated
in the 2018 Sustainable Water Master Plan Update. Federal and state regulations
require the SWIP to be operated and maintained by certified wastewater treatment
operators. The City does not currently employ wastewater treatment operators whose
certification levels meet the state regulations required to operate the SWIP and must
therefore contract out these services so that the facilities can be operational when
completed this fall.
3.A
Packet Pg. 52
2 of 5
Staff anticipated this need and included the option for initial operational services in the
Request for Proposals (RFP) for design-build-operate services for the SWIP when it
was issued in 2018. That RFP was awarded to Kiewit Infrastructure West Co. (Kiewit)
and Council previously authorized the design and construction phase services. Staff
now seeks authorization to amend the agreement with Kiewit to operate SWIP for two
years at a cost not to exceed $4,827,058 (including $198,806 contingency). The two-
year operation period by the design-build-operate contractor includes a one-year
warranty period for the contractor to resolve any equipment performance issues or
defects during the first year of operations. The second year of the operation period is to
ensure that the SWIP can be closely monitored by certified operators familiar with the
facility and that the SWIP continues to perform as required upon expiration of the
warranty period. The operations phase modification would be funded by the Wastewater
Fund with a contribution from the Clean Beaches and Ocean Parcel Tax Fund.
Discussion
In 2018, the City Council approved the updated Sustainable Water Master Plan that
refined the pathway for the City to achieve water self-sufficiency by 2023. The City’s
water self-sufficiency goal was updated in the City’s 2020 Urban Water Management
Plan and revised to approximately 80-90% water self-sufficiency due to impacts from
the COVID-19 Pandemic that impacted staffing levels for water conservation and future
housing development outlined in the 6th Cycle Housing Element. Water self-sufficiency
is critical to ensuring local control of local water resources and long-term water
resiliency for Santa Monica. A critical component of the Sustainable Water Master Plan
is to develop alternative water supplies, like the capture and recycling of urban runoff,
stormwater and municipal wastewater to preserve potable water for where it is needed
most. The SWIP captures and treats these alternative water sources through a
combination of membrane bioreactor, reverse osmosis, and ultraviolet/advanced
oxidation processes to produce advanced-treated recycled water for non-potable uses
and to recharge local groundwater aquifers.
The cost of the development of the SWIP was subsidized by grants of over $16 million
and a Clean Water State Revolving Fund loan to offset the overall project costs and
3.A
Packet Pg. 53
3 of 5
allow payment of the project over a 30-year period to better stabilize rates for water
customers. Staff also secured funding through the Local Resources Program from the
Metropolitan Water District of Southern California that would provide over $19 million
over 25 years to produce locally sourced water through the SWIP.
The construction of SWIP is scheduled to be completed in October 2022. Once
completed, the City will require operations, maintenance, and management services for
the SWIP facilities during its warranty and initial start-up period, which include:
• Advanced Water Treatment Facility which treats stormwater, urban runoff water,
and wastewater, as well its accessory facilities including an elevator, chemical fill
station, Ocean Avenue pump station, piping, valves, instrumentation, generator,
and electrical switchgear and controls;
• Civic Center Stormwater Tank and its accessory facilities, Pico Boulevard
diversion structure and pump station, hydrodynamic separator, piping and
instrumentation;
• Reverse Osmosis upgrades at Santa Monica Urban Runoff Recycling Facility
(SMURRF); and
• Clean Beaches Tank pumps and the Pico-Kenter pump station providing influent
water to SMURRF.
The City’s Water Resources Division does not operate wastewater treatment facilities of
this size and complexity and does not have personnel on staff with the necessary
experience and state certifications required by the State Water Resources Control
Board to work in these newly constructed and unique facilities when they come online
later this year.
This contract amendment would authorize the third and final phase of the SWIP design-
build-operate contract, operations and maintenance services. Kiewit’s staff would
provide seven days a week operations services with six on-site staff: four state-certified
3.A
Packet Pg. 54
4 of 5
wastewater treatment plant operators and two maintenance technicians. The six staff
would each work 40 hours per week in addition to as needed on-call services on a 24/7
basis for emergencies. Kiewit would also provide administrative support to comply with
all the requirements of the City’s operating permit issued by the California Regional
Water Quality Control Board, Los Angeles Region (Los Angeles Water Board). Kiewit, in
partnership with their subconsultant, Perc Water Corporation, would perform day-to-day
operations at the SWIP facilities, maintain and repair equipment, ensure the proper
application of chemicals, perform and coordinate repairs, take water samples, monitor
various analyzers and other instrumentation, keep records, prepare reports, update
safety/training and operations plans, and perform other duties as required.
Past Council Actions
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Wastewater Fund to increase the
amount of the design/build/operate contract with Kiewit. to operate, manage, and
maintain SWIP facilities in the amount of $4,827,058 for a two-year period. The
Clean Beaches and Ocean Parcel Tax Fund would contribute to the operating
costs of maintaining the SWIP by making annual transfers of $1,043,000 to the
Wastewater Fund. Future year funding is contingent on Council budget approval.
Meeting Date Description
September 10, 2019
(Attachment A)
Award of the Design/Build Contract Guaranteed Maximum
Price Amendment to Kiewit
August 28, 2018
(Attachment B)
Selection and Award of Sustainable Water Infrastructure
Project RFP for Design/Build/Operation Services Contract
3.A
Packet Pg. 55
5 of 5
Agreement Modification Request
Agreement #
Current
Authorized
Amount
FY2022- 24
Request Amount
Budget
Account #
Total Contract
Amount
10736 $4,827,058 51500001 $4,827,058
10736 $20,329,376 C1606950.689000 $20,329,376
10736 $53,702, 057 C5106950.689000 $53,702,057
10736 $900,000 C5106950.689540 $900,000
10736 $1,272,057 C5206950.689000 $1,272,057
10736 $8,770,000 C2006950.689000
(State Prop 1 Grant) $8,770,000
10735 $7,500,000 C1606950.689280
(County Measure W Grant) $7,500,000
Total $92,473,490 $4,827,058 $ 97,300,548
Prepared By: Selim Eren, Civil Engineer
Approved
Forwarded to Council
Attachments:
A. September 10, 2019 Staff Report - Award of the SWIP Design/Build Contract
Guaranteed Maximum Price Amendment (Web Link)
B. August 28, 2018 Staff Report - Selection and Award of SWIP
Design/Build/Operation Services Contract (Web Link)
C. Design-Build Contract #10736 (CCS)
D. SWIP GMP Amendment
E. First Modification
F. Oaks Initiative Form 2022
3.A
Packet Pg. 56
3.A.c
Packet Pg. 57 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 58 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 59 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 60 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 61 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 62 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 63 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 64 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 65 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 66 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 67 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 68 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 69 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 70 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 71 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 72 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 73 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 74 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 75 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 76 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 77 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 78 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 79 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 80 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 81 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 82 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 83 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 84 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 85 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 86 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 87 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 88 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 89 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 90 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 91 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 92 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 93 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 94 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 95 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 96 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 97 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 98 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 99 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 100 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 101 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 102 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 103 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 104 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 105 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 106 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 107 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 108 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 109 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 110 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
3.A.c
Packet Pg. 111 Attachment: Design-Build Contract #10736 (CCS) (4732 : Award SWIP GMP for Operations Phase)
1 of 22
GMP AMENDMENT PERTAINING TO
DESIGN/BUILD AGREEMENT
By and Between
The City of Santa Monica
and
Kiewit Infrastructure West Co.
THIS GMP AMENDMENT PERTAINING TO DESIGN/BUILD AGREEMENT
(“GMP Amendment”) is entered into on ______________(“Effective Date”) by and between
the City of Santa Monica, a municipal corporation (“City”), located at 1685 Main Street,
Santa Monica, California, and Kiewit Infrastructure West Co(“Design/Builder”), located
at 10704 Shoemaker Ave., Santa Fe Springs, California.
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. Design/Builder is a corporation duly organized in the state of Delaware and in
good standing in the State of California, Contractor’s License Number 433176.
Design/Builder represents that it is duly licensed by the State of California and
has the background, knowledge, experience and expertise to perform the
obligations set forth in this Contract.
C. City and Design/Builder entered into that certain Design/Build Agreement,
Contract No. 10736 (CCS), dated November 19, 2018 (“Design/Build
Agreement”), for the purpose of retaining Design/Builder to provide design
services, preconstruction services, construction services, and maintenance and
operations services, utilizing the Progressive Design-Build delivery system and an
“open-book” methodology to establish the Contract Price for the Sustainable
Water Infrastructure Project (the “Project”).
D. In accordance with the provisions of the Design/Build Agreement, Design/Builder
has submitted a GMP Amendment Proposal to the City and, after negotiations,
City and Design/Builder have agreed to the terms and conditions of the GMP
Amendment Proposal, except as modified by this GMP Amendment.
NOW THEREFORE, in consideration of the mutual promises and undertakings
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6
1/15/2020
3.A.d
Packet Pg. 112 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
2 of 22
hereinafter set forth and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, it is mutually agreed by and between the
undersigned parties as follows:
ARTICLE 1.0 DEFINITIONS.
Capitalized terms herein shall have the same meaning as in the Design/Build
Agreement, including all exhibits attached thereto. Capitalized terms used herein that do not appear in the Design/Build Agreement are defined below:
1.1 Acceptance Testing: Acceptance testing has the same meaning as set
forth in the Start Up and Commissioning Plan (Exhibit 6).
1.2 AWTF or Plant: Advanced Water Treatment Facility
1.3 Compensable Delay Rates: Rates set forth in Section 7.3 of this GMP Amendment used to compensate Design-Builder for Compensable Delays
in accordance with Sections 3.4.2 and 3.4.3 of the Design/Build Agreement.
1.4 DDW: California Division of Drinking Water
1.5 Guaranteed Plant Performance Parameters: The performance
parameters set forth in Sections 6.1, 6.2 and 6.3 of this GMP Amendment
that must be achieved as a condition of Substantial Completion.
1.6 LACFCD: Los Angeles County Flood Control District owns and operates
storm drains within the City of Santa Monica.
1.7 Lump Sum: “Lump Sum” means a forward-looking price to perform the
Work including but not limited to Project Criteria reflecting Contractor’s acceptance of the potential risk of cost overruns and the potential benefit
of cost underruns.
1.8 Punch List: A list prepared by Design-Builder and approved by City, describing items of Work that must be completed or corrected prior to Final
Completion of the Project.
1.9 RWQCB: Regional Water Quality Control Board regulates the capture of stormwater and urban runoff and discharges into storm drains and
regulated bodies of water.
1.10 SCAQMD: South Coast Air Quality Management District regulates air quality for the Los Angeles region, including the City of Santa Monica.
1.11 SCE: Southern California Edison is the utility providing electrical service
within Santa Monica.
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6 3.A.d
Packet Pg. 113 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
3 of 22
1.12 SMURRF: Santa Monica Urban Runoff Recycling Facility.
ARTICLE 2.0 THE CONTRACT DOCUMENTS.
The Contract Documents consist of the following collection of documents:
(i) Executed GMP Amendment, including all exhibits thereto.
(ii) Executed Design/Build Agreement between City and Design/Builder,
including all exhibits thereto.
(iii) Special Provisions and Technical Specifications.
(iv) Performance and Payment Bonds.
(v) Insurance Forms.
(vi) Plans and Drawings.
(vii) Technical Reports, including, without limitation, geotechnical, surveying,
and site investigation.
(viii) Supplements, Attachments, and exhibits attached to the above items.
(ix) Modifications.
(x) Change Orders.
(xi) Field Orders.
(xii) Permits.
ARTICLE 3.0 CONFLICTS.
In the event of any conflicts between GMP Amendment Proposal and this GMP
Amendment, the GMP Amendment shall prevail. In the event of any conflicts amongst
Contract Documents, the specific shall prevail over the general, unless otherwise stated.
ARTICLE 4.0 KEY PERSONNEL DURING CONSTRUCTION PHASE.
Design/Builder’s Key Personnel during the Construction Phase are listed in the
organization chart attached to this GMP Amendment as Exhibit 1, which supersedes and replaces Exhibit 3B of the Design/Build Agreement.
ARTICLE 5.0 CONTRACT PRICE.
5.1 Contract Price Components. The Contract Price in the amount not to exceed EIGHTY-SIX MILLION NINE HUNDRED SEVENTEEN THOUSAND AND
TWENTY-THREE DOLLARS AND 70/100 CENTS ($86,917,023.70) consists of the sum of the following components:
The Preconstruction GMP already established by the Design/Build Agreement
and any executed amendments thereto, in an amount not to exceed SEVEN MILLION
ONE HUNDRED FOUR THOUSAND SIX HUNDRED AND EIGHT-NINE DOLLARS AND 39/100 CENTS ($7,104,689.39); plus
The Construction GMP in an amount not to exceed SEVENTY-NINE MILLION
EIGHT HUNDRED TWELVE THOUSAND THREE HUNDRED THIRTY-FOUR
DOLLARS AND 31/100 CENTS ($79,812,334.31) for Work performed by Design/Builder
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6 3.A.d
Packet Pg. 114 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
4 of 22
during the Construction Phase in accordance with Section 5.0 of the Design/Build Agreement and this GMP Amendment.
5.1.1 City and Design/Builder each understands, acknowledges, and agrees that the Construction GMP includes the following components (Exhibit 2):
i. $2,500,000 Lump Sum payment to the Design/Builder for design
services through final design (100%) to be paid progressively as the design is completed;
ii. $3,500,000 Lump Sum price in consideration for
Design/Builder’s acceptance of the following risks (collectively, “Allocated Risks”):
a. Design/Builder’s acceptance of all risk resulting from or
relating to Type I Differing Site Conditions, per Section 11.3;
b. Design/Builder’s acceptance of certain risks related to
obtaining permits or authorization from utility companies and other non-City third parties, per Section 18, herein;
c. Design/Builder’s acceptance of certain risks related to SCE’s utility connection to the Plant, per Section 17,
herein; d. Design/Builder’s acceptance of all risks relating to delays in achieving Guaranteed Plant Performance parameters,
as required by Article 6.0 and Exhibit 6_ of this amendment herein;
e. Design/Builder’s acceptance of all risks relating to meeting Express Project Criteria (Exhibit 4), including,
without limitation:
.1 unanticipated costs for coordination among and
resequencing of Design/Builder’s staff and Subcontractors;
.2 omissions of specified City requirements; .3 Design/Builder’s errors and omissions in the design,
pricing, or scheduling of the Work;
.4 unanticipated material cost increases in the Work; .5 costs incurred because of Design/Builder’s
Subcontractors non-performance or underperformance;
.6 unanticipated coordination errors or revisions on shop
drawings that are required because of incomplete construction documents issued by Design/Builder’s
Design Professionals; .7 acceleration and overtime; or
.8 labor disputes.
f. Design/Builder’s resolution of the Owner’s Comment Log,
per Section 5.1.2(iv); g. Design/Builder’s inclusion in the Construction Schedule of
thirty (30) working days for inclement weather; following
use of all thirty (30) working days in the Construction
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6 3.A.d
Packet Pg. 115 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
5 of 22
Schedule, Section 8.0, herein, shall be applicable to any Delay caused by inclement weather; and
h. Design/Builders acceptance of all clarifications listed in Exhibit 4 of this GMP Amendment. iii. The parties understand, acknowledge, and agree that
Contractor’s acceptance of the Allocated Risks is in consideration for Lump Sum pricing, as defined in Section 1.7
and subject to Section 22 herein, of the Construction GMP.
5.1.2 City and Design/Builder each understands, acknowledges, and agrees
that:
i. the Construction GMP and, specifically, price estimation of the Allocated Risks, were negotiated transparently and in good faith
by the City and Design/Builder; ii. the Allocated Risks were priced and negotiated with recognition
by both parties that the Design-Builder is in the best position to
avoid or mitigate said Allocated Risks; iii. the Excusable Delay granted to Design/Builder per Section 7.4.2,
herein, constitutes additional consideration for Design/Builder’s acceptance of the Allocated Risks;
iv. the Express Project Criteria (Exhibit 4) includes the Design
Comments Log, and the Lump Sum price for the Construction GMP includes resolution of said comments without adjustments
to Contract Price or Contract Time unless (a) City changes or modifies the Project Criteria and (b) such changes or
modifications constitute Extra Work. v. any Delays caused by Allocated Risks do not constitute “delays
that are unreasonable under the circumstances involved” within
the meaning of Public Contract Code section 7102.
5.2 Amounts Paid to Date. Design/Builder acknowledges and agrees that as of the Effective Date, Design/Builder has been paid SEVEN MILLION ONE HUNDRED
FOUR THOUSAND SIX HUNDRED EIGHTY-NINE DOLLARS AND THIRTY-NINE CENTS ($7,104,689.39) of the Preconstruction GMP and is owed the balance of ZERO
DOLLARS ($0.00). Design/Builder further acknowledges and agrees that it has no
claims pending against the City and has no knowledge of facts or circumstances which would justify an increase in the Contract Time and/or Contract Price.
5.3 Construction GMP. The Construction GMP is based upon the Contract
Price & Construction GMP Cost Summary attached to this GMP Amendment as Exhibit
2 and the Schedule of Values attached to this GMP Amendment as Exhibit 2. Design/Builder and City each understands, acknowledges and agrees that (i) the
Construction GMP includes a Lump Sum amount for Design/Builder’s acceptance of Allocated Risks in lieu of a separate Design/Builder Contingency based upon a
percentage of the Contract, per Section 2.4.1 of the Contract; (ii) City and Design/Builder each waives any rights to seek Savings based upon sharing 60%:40% of Design/Builder Contingency, per Section 2.5 of the Contract; and (iii) the Construction GMP does not
include City Contingency, per Section 2.4.4 of the Contract.
5.4 Operations GMP. The Design/Builder shall deliver an Operations Phase GMP to the City within sixty (60) days of Design/Builder’s completion of design
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6 3.A.d
Packet Pg. 116 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
6 of 22
documents (i.e. 100% Plans and Specifications) and receipt of the State Water Resources Control Board’s review of the Phase 2 Engineering Report, including
subsequent Phase 2 Inspection and Testing Plan(s). The Design/Builder and City shall each negotiate in good faith to execute an Operations Phase Amendment no later than 180 days prior to the start of the Plant Commissioning described in Exhibit 6A Section
8.4.
ARTICLE 6.0 TESTING AND GUARANTEED PLANT PERFORMANCE
PARAMETERS
6.1 Pre-Commissioning, Commissioning, Functional and Acceptance
Testing. Design/Builder shall comply with the pre-commissioning, commissioning, functional and acceptance testing requirements set forth in Exhibit 6A.
6.2 AWTF Guaranteed Plant Performance Parameters. Design/Builder shall
achieve the AWTF Guaranteed Plant Performance Parameters set forth in Exhibit 6B.
6.3 SMURRF Guaranteed Plant Performance Parameters. Design/Builder shall achieve the SMURRF Guaranteed Plant Performance Parameters set forth in
Exhibit 6B.
ARTICLE 7.0 CONTRACT TIME.
7.1 Construction Phase Notice to Proceed. City shall issue a Construction
Phase Notice to Proceed upon the occurrence of the following conditions precedent:
(i) An executed copy of this GMP Amendment;
(ii) Issuance of a California Coastal Commission Coastal Development Permit; (iii) City approval of Design/Builder’s Construction Impact Mitigation Plan;
(iv) Written notification by State, approving an amendment to the City’s State Revolving Fund loan;
(v) City’s receipt of Design/Builder’s insurance and bond forms;
(vi) City’s acceptance of Design/Builder’s Baseline Construction Schedule to establish the Contract Time for Substantial Completion and Final
Completion of the Work in accordance with requirements of the Contract Documents; and
(vii) City’s acceptance of Design/Builder’s detailed Schedule of Values in
accordance with requirements of the Contract Documents
7.2 Contract Time for the Construction Phase. Design/Builder shall diligently prosecute the Work to achieve Substantial Completion within 912 Days after
the date specified in the Construction Phase Notice to Proceed.
7.2.1 Substantial Completion. For purposes herein, and notwithstanding
anything to the contrary in the General Conditions, the terms “Substantial Completion” and “Substantially Complete” refer, to the point at which the entire Work, or any portions
thereof specially designated by City, is: (i) sufficiently complete in accordance with the Contract Documents so that such Work can be beneficially occupied and utilized by City
for its intended purpose (except for minor items which do not impair City's ability to so
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6 3.A.d
Packet Pg. 117 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
7 of 22
occupy and use the Work), and (ii) Design/Builder has successfully demonstrated to the City’s satisfaction that the Project meets all of the Design/Builder’s obligations under the
Contract Documents. Without limiting the generality of the foregoing, the City and Design/Builder agree that the following shall be completed before the Project is considered Substantially Complete:
i. Design/Builder’s completion of all Pre-Commissioning, Commissioning,
Functional, and Acceptance Test Completion in accordance with Article 6.0 of this GMP Amendment;
ii. Demonstrated achievement of the Guaranteed Plant Performance Parameters in accordance with Article 6.0 of this GMP Amendment and compliance with
the provisions of the California Code of Regulations specified in Exhibits 6A and 6B as obligations of the Design/Builder;
iii. Issuance of all permits, whether final, temporary, or conditional, required to
operate the AWTF as a non-potable water recycling plant, as defined in California Code
of Regulations Title 22 – Division 4, Chapter 3, Article 3 – Disinfected Tertiary Recycled Water, including, without limitation, permits required by the LACFCD, RWQCB, and
SCAQMD;
iv. Completion of all new and restorative Work performed on Pico Boulevard,
Main Street, Vicente Terrace, Ocean Avenue, and Civic Center Drive in accordance with the Contract Documents;
v. City’s issuance of certificates of occupancies for the AWTF and SMURRF;
and
vi. Design-Builder submittal, and City approval, of the Punch List for the
Project.
7.2.2 Final Completion. Design/Builder shall diligently prosecute all Work required by Final Completion after receipt of a Notice of Substantial Completion
from the City. For purposes herein, and notwithstanding anything to the contrary in the General Conditions 1.1.39, Final Completion shall occur within sixty (60) days of
Substantial Completion within which the following conditions must be satisfied:
i. Punch List Close-Out. Completion of all Punch List items defined at the time of
Substantial Completion with City approval. The Punch List prepared by Design/Builder shall describe items of Work that must be completed or corrected
prior to Final Completion of the Project. The Punch List shall not operate to amend
the Contract Documents. Although Design/Builder will endeavor to include all items on the Punch List that appear incomplete, a good faith failure to include an
item that does not comply with the Contract Documents shall not relieve Design/Builder of the obligation to complete or correct any such omitted item prior
to Final Completion and City's Acceptance of the Work. As a part of its approval of the Punch List at Substantial Completion, City shall have the right to supplement the Punch List with additional items of incomplete or incorrect Work,
in each case consistent with the Contract Documents, which shall be performed by Design/Builder.
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6 3.A.d
Packet Pg. 118 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
8 of 22
ii. Completion of Civic Center Parking Lot Work. Design-Builder shall complete all Work at the Civic Center Parking Lot including the new fire / bike lane connecting
Pico Boulevard to Civic Center Drive in accordance with the Contract Documents as a Punch List item. City’s issuance of the certificate of occupancy or equivalent for the Civic Center Parking Lot Work and above ground improvements;
iii. Submission of Final Payment Application. After Design/Builder has completed all
items listed on the Punch List and believes that it has achieved Final Completion, it shall submit its application for final payment and request final inspection. City
shall schedule a Final Completion inspection, which shall be attended by
Design/Builder's Design Professionals, the City, Design/Builder's superintendent and such others as City deems appropriate. Design/Builder shall, along with its
final Application for Payment, submit to City all applicable warranties, guaranties, maintenance and operations manuals, and the final Record Documents showing
the actual location and configuration of electrical, mechanical, plumbing and HVAC systems satisfactory to City. Once City determines that the Project has
reached Final Completion in accordance with the Contract Documents, it may, at
its option, cause to be signed and recorded a notice of completion.
iv. Demobilization. Demobilization of all Construction Phase facilities, equipment, and materials.
7.3 Compensable Delay Rate. In accordance with Section 3.4.2 of the
Design/Build Agreement, the Compensable Delay Rate shall be:
Rate 1 - For Compensable Delay incurred within 180 Days of the
Construction Phase Notice to Proceed: $12,500/Day; Rate 2 - For Compensable Delay incurred after 180 Days but on/ before
540 Days from the Construction Phase Notice to Proceed: $19,500/Day;
Rate 3 - For Compensable Delay incurred after 540 Days but on/before 650 Days from the Construction Phase Notice to Proceed: $13,500/day;
Rate 4 - For Compensable Delay incurred after 650 Days from the Construction Phase Notice to Proceed: $7,500/day
Any adjustments to the Contract Time and/or Contract Price for Compensable
Delay shall be made in accordance with the provisions of Article 8.3 of the General Conditions. For the purpose of applying the time periods above, each time period shall
be extended in accordance with the definition of Excusable Delay as well as Section 8.3 of the General Conditions by the equivalent duration of any Compensable Delay (i.e.
should a 5 Day Compensable Delay be incurred during the Rate 1 time period, the
duration for Rate 1 shall extend to 185 Days from the Construction Phase Notice to Proceed and Rate 2, Rate 3, and Rate 4 time periods shall adjust accordingly). City
and Design/Builder agree that the examples in Exhibit 2 illustrate how the Compensable Delay Rate will be calculated for Compensable Delay. Design/Builder acknowledges,
understands, and agrees that the above Compensable Delay Rates are all inclusive, including, without limitation, all overhead, profit, fees, and mark-ups.
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6 3.A.d
Packet Pg. 119 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
9 of 22
Nothing herein shall be interpreted to modify or void any provisions relating to Article 8.3 of the General Conditions, it being understood and agreed to by City and
Design/Builder that this Section 7.3 shall be interpreted solely to establish a Compensable Daily Rate amount.
7.4 Liquidated Damages. City and Design/Builder each acknowledges and agrees that if Design/Builder fails to complete the Work within the Contract Time fully
and satisfactorily, City will suffer, as a result of Design/Builder’s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Such
damages may include, but are not limited to:
i. Loss of public confidence in City and its contractors and consultants;
ii. Loss of public use of public facilities; iii. Extended disruption to public; and
iv. Loss of water production.
7.4.1 Liquidated Damages Amount and Calculation. City and Design/Builder acknowledge the difficulty in determining the actual damage the City will
incur if Design/Builder fails to achieve Substantial Completion of the entire Work within the Contract Time. Therefore, the parties agree that in addition to all equitable remedies and other damages to which City may be entitled other than delay damages, in the event
Design/Builder shall fail to achieve Substantial Completion of the entire Work within the Contract Time, Design/Builder shall pay City as Liquidated Damages (“LDs”) the amount
of $9,200/Day for each Day occurring after the expiration of the Contract Time until Design/Builder achieves Substantial Completion of the entire Work. The LDs amount is
not a penalty but considered to be a reasonable estimate of the amount of damages
City will suffer for delayed Substantial Completion.
7.4.2 Excusable Delay for AWTF Guaranteed Plant Performance
Parameters. If all conditions of Substantial Completion, except for those conditions set
forth in Sections 7.2.1(i)-(ii), are achieved within the Contract Time, Design-Builder shall have an additional sixty (60) days of Excusable Delay (but not Compensable Delay) to
demonstrate achievement of the AWTF Guaranteed Plant Performance Parameters for potable water quality and production per Article 6.0 of this GMP Amendment before the
LDs set forth in Section 7.4.1 are assessed. City shall have the option, in its sole discretion, to assess LDs if Contractor has not achieved the other conditions to
Substantial Completion within the Contract Time.
7.4.3 Liquidated Damages Apportionment. LDs shall be apportioned
in accordance with Article 8.3.1 of the General Conditions. City shall not be liable to Design/Builder for Compensable Delay damages, and Design/Builder shall not be liable
to City for LDs, based upon Design-Builder’s plan, intention or schedule to complete the Work earlier than the Contract Time set forth in this GMP Amendment.
7.4.4 Exclusive Remedy for Delay. Notwithstanding any other provision
of this GMP Amendment and/or the Design-Build Agreement to the contrary, City and Design/Builder each acknowledges and agrees that the Liquidated Damages set forth
in Section 7.4.1 shall be City’s exclusive remedy for delay damages caused by
Design/Builder’s failure to achieve Substantial Completion of the entire Work within the Contract Time.
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6 3.A.d
Packet Pg. 120 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
10 of 22
7.4.5 Delay Damages upon Abandonment. If Design-Builder abandons the Work, the City may elect to seek actual delay damages proximately caused by
Design-Builder’s failure to complete the Work within the Contract Time and its subsequent abandonment in addition to all equitable remedies and other damages to which City may be entitled other than delay damages, in lieu of the LDs provided for in
Section 7.4.1. For purposes herein, the Design/Builder shall be deemed to have abandoned the Work if, prior to the achievement of Substantial Completion and without
advance permission from the City, Design/Builder fails to provide personnel and resources to complete the Work within the Contract Time.
ARTICLE 8.0 CONSTRUCTION SCHEDULE.
The Construction Schedule attached to GMP Amendment as Exhibit 3 sets forth
the Design/Builder’s construction schedule to establish the Contract Time for Substantial and Final Completion of the entire Work, and supersedes all estimated construction
schedules submitted by Design/Builder to City prior to the Effective Date of this GMP Amendment.
ARTICLE 9.0 INCLEMENT WEATHER ALLOWANCE.
Section 1.1.35 of the General Conditions in Exhibit 2 of the Design/Build Agreement is deleted in its entirety and replaced with the following text:
1.1.35 EXCUSABLE DELAY: A Delay for which Contractor may be entitled under the Contract Documents to an extension of time, but not
compensation. "Excusable Delay" means any delay to the path of activities that is critical to Substantial Completion of the Work within the
Contract Time caused by conditions beyond the control or foreseeability, and without the fault or negligence of Contractor, its Design
Professionals, or its Subcontractors, of any Tier, such as, but not limited
to: war, embargoes, fire, unavoidable casualties, unusual delays in transportation, national emergency. Without limitation to the foregoing,
the financial inability of Contractor or any Subcontractor or Sub-subcontractor, shall not be deemed conditions beyond Contractor's
control or foreseeability. Contractor may claim an Excusable Delay only
if all Work on a critically scheduled activity is stopped for more than four (4) hours of a normal eight (8) hour scheduled working day. A
Compensable Delay shall, to the extent that it is concurrent with an Excusable Delay, be conclusively deemed an Excusable Delay.
Section 01 3213 Project Schedule, Part 3 – EXECUTION, 3.05 J of the Exhibit 13
General Requirements of the Design/Build Agreement is deleted in its entirety and replaced with the following text:
CONTRACTOR shall allow for inclement weather in the Proposed
Baseline Schedule by incorporating an activity titled “Inclement Weather Allowance” as the last activity prior to the Substantial Completion Milestone. No other activities may be concurrent with it. The duration of
the Inclement Weather Allowance activity will be 30 scheduled workdays.
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6 3.A.d
Packet Pg. 121 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
11 of 22
1. “Inclement Weather Allowance” is a lost workday, caused by inclement weather conditions, and is defined as a day in which all
Work on a critically scheduled activity is stopped for more than four (4) hours of a normal eight (8) hour working day. The CONTRACTOR shall notify the CITY in writing when a lost
workday has occurred due to inclement weather. As inclement weather days occur, are recognized and approved by the CITY as
an inclement weather day, the inclement weather activity duration will be reduced to account for the approval of an inclement
weather day.
2. If the effects of inclement weather from a non- scheduled workday
carry forward to a scheduled workday and impacts the Critical Path as noted above, then the scheduled workday will be
considered impacted by weather. Any unused Inclement Weather Allowance at the end of the project will be shown as available float
to the Substantial Completion Milestone. Compensable time
extensions will be granted for inclement weather to Substantial Completion milestone only after the weather impact area affecting
the critical path work has exhausted the allotted cumulative Inclement Weather Allowance.
ARTICLE 10.0 EXPRESS PROJECT CRITERIA.
The Express Project Criteria for the Project are attached to this GMP Amendment as Exhibit 4, supersedes and replaces the Express Criteria set forth in Exhibit 1 to the
Design/Build Agreement. City and Design/Builder each acknowledge and agree that the Express Project Criteria attached hereto as Exhibit 4_constitutes the basis for the
Construction GMP.
ARTICLE 11.0 DIFFERING SITE CONDITIONS.
11.1 Design-Builder’s Site Investigation. In accordance with its obligations
under Sections 4.1.3 and 4.3.4 of the Design/Build Agreement, Design/Builder has conducted its own independent geotechnical services, surveying, and site investigation
for the Project, Site, and Existing Improvements (collectively, “Site Conditions”) during
the Pre-Construction Phase of the Work, and acknowledges and agrees that:
i. Design/Builder has relied upon its own investigation as the basis for (a) drafting the 60% Construction Drawings and Design Submittal, (b) submitting its GMP
Amendment Proposal, and (c) executing this GMP Amendment;
ii. City has not made any affirmative representations regarding Site Conditions upon which Contractor has relied; and
iii. Design/Builder bears sole responsibility for (a) the completeness and accuracy of the Design/Builder’s investigation of Site Conditions, (b) completeness and
accuracy of the Contract Documents and (c) any inferences or interpretations Design-Builder made on the basis of its investigation of Site Conditions.
11.2 Exceptions. Notwithstanding Section 11.1, Design/Builder’s acceptance
of certain site conditions as Allocated Risks does not include, and explicitly excludes
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6 3.A.d
Packet Pg. 122 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
12 of 22
Type II Differing Site Conditions. To the extent Type II Differing Site conditions risks are encountered by Design/Builder during the course of the Work, Contractor is only eligible
for adjustments to the Contract Price and/or the Contract Time in accordance with Section 21.0, below.
11.3 Modified Differing Site Conditions Provisions. Section 3.19.2 of the
General Conditions is deleted in its entirety and replaced with the following text:
3.19.2 Differing Site Conditions are those conditions encountered at the Site or in Existing Improvements that are
(1) subsurface or concealed conditions which differ materially
from those indicated in the Contract Documents (referenced hereinafter as “Type I Differing Site Conditions”); or (2)
unknown physical conditions of an unusual nature, which differ materially from those ordinarily encountered and
generally recognized as inherent in the construction activities of the character provided for in the Contract Documents (also
referenced herein as “Type II Differing Site Conditions”). City
and Design/Builder agree that (i) Design/Builder shall bear the sole risk of Type I Differing Site Conditions and (ii) City shall
bear the sole risk of Type II Differing Site Conditions.
Without limiting the generality of the foregoing, Type I Differing Site Conditions includes, without limitation, all known and/or
unknown utilities, utility conflicts/relocations, and relocations of/by third party utilities and groundwater levels (elevations);
and Type II Differing Site Conditions includes subsurface
preexisting hazardous materials, subsurface pre-existing contaminated materials, subsurface paleontological
materials, and subsurface archeological materials.
Section 3.19.5 of the General Conditions is deleted in its entirety and replaced with the following text:
3.19.5 Any adjustment to the Contract Price and/or Contract Time based upon
Type II Differing Site Conditions shall be handled in accordance with Section 21.0 of this GMP Amendment.
ARTICLE 12.0 INSPECTIONS
12.1 Section 3.20.1 of the General Conditions is deleted in its entirety and
replaced with the following text:
3.20.1 In order to allow for Quality Assurance inspection by City and other agencies, or any Quality Assurance inspection
required elsewhere in the Special Provisions and Technical
Specifications, Design/Builder shall share with City once a week, its 3 week look ahead schedule, and identify which activities will have
Quality Control inspection by 3rd Party Contractor inspector(s). Work will not require prior City approval to proceed, but City can stop Work
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6 3.A.d
Packet Pg. 123 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
13 of 22
should it find non-conforming Work, and request Design/Builder provide corrective actions prior to proceeding. Design/Builder will
perform Quality Control services as outlined in Exhibit _9_.
12.2 Section 3.20.2 of the General Conditions is deleted in its entirety and
replaced with the following text:
3.20.2 Whenever Design/Builder desires to carry on the Work of the Contract at hours other than 6:00 AM to 6:00 PM, Monday
through Friday and from 8:00 AM to 5:00 PM on Saturdays, it shall
identify that Work on the 3 week look ahead schedule, on a weekly basis, and if approved, proceed with the work. City offices are
closed on alternate Fridays commencing January 12, 2001, and every other Friday thereafter. Inspections by the City’s Building
Department will not be available on these days. Nothing herein shall be construed to waive or modify Design/Builder’s obligations to
strictly comply with all Applicable Laws, including, without limitation,
the City’s noise ordinance.
12.3 Section 3.20.3 of the General Conditions is deleted in its entirety and replaced with the following text:
3.20.3 If any Work is concealed or performed without Quality Control as specified above, then the Work can be subject to such
tests or exposure as may be necessary to prove to City that the materials used, and the Work done are in conformity with the
Contract Documents. All labor and equipment necessary for exposing and testing shall be furnished by Design/Builder at its
expense. Design/Builder shall replace, at its own expense and
without reimbursement by City, any materials or Work damaged by exposure and any faulty materials or work evidenced by such
exposure or testing.
12.4 Section 3.20.4 of the General Conditions is deleted in its entirety and replaced with the following text:
3.20.4 When, City requests to perform quality assurance inspection for Work that must be made at the plant or mill of the
manufacturer or fabricator of material or equipment, Design/Builder shall notify City a minimum of twenty-one (21) calendar days in
advance to allow for arrangements to be made for such inspection.
ARTICLE 13.0 PROGRESS AND FINAL SUBMISSIONS
City and Design/Builder each acknowledges and agrees that the Construction
Drawings and Design Submittals referenced in the Exhibit 4 attached to this GMP Amendment constitute the basis for the Construction GMP.
ARTICLE 14.0 MODIFICATIONS TO PERMIT LIST
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6 3.A.d
Packet Pg. 124 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
14 of 22
The Permit List set forth in Exhibit 5 to the Design/Build Agreement is superseded and replaced in its entirety with the Exhibit 5 attached to this GMP Amendment.
ARTICLE 15.0 SUBCONTRACTORS AND SELF-PERFORMED WORK
Design/Builder acknowledges and agrees that it shall provide the City with a
submittal clearly showing portions of the work to be “Self-Performed Work” and that the Subcontractors listed in Exhibit 12_ have been pre-qualified by Design/Builder in
accordance with Section 4.5.2 of the Design/Build Agreement and shall perform the Work
specified in the submittal. Any change of Subcontractors shall be made in accordance with the Subletting and Subcontracting Fair Practices Act (Public Contract Code sections
4100 et seq.)
ARTICLE 16.0 RISK OF LOSS
Design-Builder shall, under this GMP Amendment and the Design/Build Agreement, have care, custody, control and insurance obligations relating to the Project (including
but not limited to having responsibility for the security of the Site and risk of loss), through Design-Builder’s achievement of Final Completion. Upon achievement of Final
Completion, the care, custody, control and insurance obligations relating to the Project (including but not limited to having responsibility for the security of the Site and risk of loss), shall be allocated to Design-Builder under the terms of the executed Operations
Phase Amendment.
ARTICLE 17.0 WORK WITH SOUTHERN CALIFORNIA EDISON (SCE)
Design/Builder shall provide permanent power service to the Project from the SCE tie-in
at the SCE’s utility meter identified in Contract Documents (“SCE Utility Meter”). Design/Builder shall coordinate, schedule, and perform all work necessary to ensure that
SCE can provide permanent power to and energize the Project within 650 days from the Notice to Proceed for Construction plus any extensions to the Contract Time
authorized by the Contract Documents (“SCE Event”), as evidenced by an updated City approved Construction Schedule. Provided that Design/Builder has coordinated,
scheduled, and performed all work necessary to ensure that the Project is energized by
the SCE at the SCE Utility Meter on or before the SCE Event, Design/Builder shall not be responsible for SCE’s delay in tying into the SCE Utility Meter. Any adjustment to the
Contract Price and/or Contract Time based upon delays to the SCE Event shall be handled in accordance with Section 21.0 of this GMP Amendment.
ARTICLE 18.0 PERMITS AND APPROVALS
Design/Builder shall coordinate, schedule, and perform all work necessary to obtain
required approvals and/or permits in a timely manner so as not to impact the schedule.
Delays caused solely by any third party entities, that impact the Project’s critical path, and are not caused in whole or in part by the fault, negligence, or breach of Design-
Builder or City, shall be considered as Excusable Delay (but not Compensable Delay) if if Design/Builder further demonstrates that:
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6 3.A.d
Packet Pg. 125 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
15 of 22
i. it has provided all information and submittals required to obtain necessary approvals and/or permits in accordance with the latest City approved Construction
Schedule; ii. it has complied with all requirements of this GMP Amendment; and
iii. the approving or permitting agency fails to act on the approval or permit
application within the time contemplated in the latest City reviewed Construction Schedule.
ARTICLE 19.0 CEQA MITIGATION
Design/Builder shall comply with all mitigation measures set forth in the SWIP MND
attached hereto as Exhibit 4; provided, however, that the Construction GMP excludes
implementation of the mitigation measures described in “MM BIO-1 Nesting Bird and Roosting Bats Survey” in the SWIP MND.
ARTICLE 20.0 OWNERSHIP OF CONTRACT DOCUMENTS
Design/Builder understands, acknowledges and agrees that City is the owner of all Drawings, Plans, Special Provisions and Technical Specifications, and other related
documents furnished to City by the Design/Builder for the Project, and all related
copyrights thereto. Design/Builder, including all Design Professionals, waives any and all common law or statutory copyrights thereto. City hereby grants Design/Builder a
revocable license to use the Drawings, Plans, Special Provisions and Technical Specifications, and other related documents and electronic/digital source files furnished
to City by the Design/Builder solely to diligently prosecute the Work in accordance with
the Contract, including any amendments thereto. Each party hereto understands, acknowledges, and agrees that such license shall be deemed as revoked upon
termination of the Contract. Submission or distribution of documents to meet official regulatory requirements or for other purposes in connection with the Project shall not be
construed as unauthorized publication in derogation of the Design/Builder’s license.
ARTICLE 21.0 CHANGE ORDERS
City and Design/Builder each acknowledges, understand and agrees that because the Contract Price is based, in large part, upon Design/Builder’s self-perform work and Lump
Sum pricing of Allocated Risks, Sections 2.1.2, 2.4, 2.5, and 4.6.1 of the Design/Build
Agreement are no longer applicable, and null and void for purposes of the Construction Phase of the Contract. Therefore, City and Design/Builder agree that any future
adjustments to the Contract Price or Contract Time shall be made in accordance with the following modifications to Sections 2.2.2, 7.0 – 8.0, and 10.0 of the DB Agreement and
Article 7.2 of the General Conditions:
A. DB Agreement Modifications:
i. Section 2.2.2(iii) shall be deleted and replaced with the following:
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6 3.A.d
Packet Pg. 126 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
16 of 22
2.2.2(iii) Sub-subcontractors.
15% of the Cost(s) of Work for that portion of the Work to be performed by Sub-subcontractors of the second and lower Tier with their own forces, plus
5% thereon for the Subcontractor, plus 19.5% on the combined total thereof for Design-Builder Markup. A maximum of one (1) five percent (5%) mark-
up for subcontractor supervision of a lower tier shall be paid regardless of the number of tiers between Design/Builder and the lower-tier Sub-subcontractor that performs the Work.
ii. Sections 7.1.2 and 7.1.3 are deleted and replaced with the following:
7.1.1 Wages or salaries of Design/Builder's supervisory and administrative personnel (i) when stationed at the Site, or on the road engaged in
expediting the production or transportation of Materials or Equipment
required for the Work; (ii) supervisory and administrative personnel listed in Exhibit “3B” (Key Personnel - Construction) to this Contract providing
services to the Project at the Design/Builder’s principal and local branch office; provided that such services are verified by contemporaneously
maintained time sheets showing the portion of their time devoted exclusively to the Project; and (iii) personnel or subcontractor during the construction
who engages in project management, construction management,
construction engineering, design revisions, inspection and testing at the site and local branch office. The rate specified for team members assigned full-
time to the project shall not exceed 2080 hours per year unless Approved by the City. Billable hours for assigned staff beyond an 8-hour day, or
beyond forty (40) hours per week, will not be reimbursed unless
Approved by City.
7.1.2 Costs paid or incurred by Design/Builder for taxes, insurance,
contributions, assessments and benefits required by law or collective
bargaining agreements, and, for personnel not covered by such agreements, customary benefits such as sick leave and medical and health
benefits is included in the Design/Builder mark-up for “Construction Indirect” specified in Section 10.0.
iii. Section 7.2 is maintained, but modified as follows:
7.2 Subcontractor, Design Professional Costs.
Except as otherwise provided in Sections 7.0 and 8.0, payments made by
Design/Builder to Subcontractors, Design Professionals or Design/Builder’s
Subsidiaries in performance of the Work in accordance with the requirements of their contracts with Design/Builder and the Contract
Documents.
iv. Section 7.5.1 is deleted and replaced with “Not Used”.
v. Sections 8.1.1 – 8.1.16 are deleted and replaced with the following (all other provisions to remain as originally drafted):
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6 3.A.d
Packet Pg. 127 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
17 of 22
8.1.1 All costs included in Design/Builder’s Fee, each of which shall be
compensated only as set forth in Sections 10.0 (with respect to the
Work) and Section 2.2.2 (with respect to Extra Work).
8.1.2 Except as provided in Sections 7.1.1, 7.1.2, and 10.0 salaries and
other compensation of Design/Builder's personnel stationed at
Design/Builder's principal office or offices (other than
Design/Builder’s offices located at the Site), including without
limitation employees, salaries and other expenses of supervision
and administration of progress, schedule, and cost control.
8.1.3 Except as provided in Section 10.0, Payments to employees or
personnel assigned to the Project, whether located or working on
the Site or at other locations, for bonuses, 401 (k) plans or pension
plans.
8.1.4 Except as provided in Section 7.1.2 and 10.0, expenses of
Design/Builder's principal, branch and district offices, other than
Design/Builder’s offices located at the Site, including without
limitation (i) supervision of the Work by personnel, and (ii) costs of
copying, transmissions, office equipment and supplies, located or
generated at Design/Builder’s principal, branch and district offices.
8.1.5 Profit, overhead, and general and administrative expenses, of any
kind, including without limitation general accounting (except as
otherwise provided in Clause (iii) of Section 7.1.2 and Section
10.0), auditing, tax preparation, and insurance administration.
8.1.6 Except as provided in Section 7.4.5 and Section 10.0, costs and
expenses for travel and subsistence incurred by employees above
the level of project manager and relocation costs of employees,
whether assigned to work at the Site or at other locations.
8.1.7 Design/Builder's capital expenses, including interest on
Design/Builder's capital employed for the Work.
8.1.8 All attorney's fees and expenses of litigation, except to the extent
permitted under the terms of this Contract.
8.1.9 Except as clarified in paragraph 7.4.4 and Section 10.0, Costs and
expenses of computers, except for individual personal computers
(PC’s) and other special equipment (such as plotters for
scheduling) in use at the Site for the sole benefit of the Project.
8.1.10 Rental costs of machinery and Equipment, except as specifically
permitted under Section 7.4.2.
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6 3.A.d
Packet Pg. 128 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
18 of 22
8.1.11 Costs associated with the performance, testing, inspection, repair
or replacement of Defective Work, or Losses resulting from
therefrom, including without limitation any costs incurred in
performance of any warranty or guarantee obligation.
8.1.2 Except as provided in Section 7.5.2 and Section 10.0, costs of
business licenses and dues, assessments and contributions to
technical or trade associations or for representation in collective
bargaining
8.1.33 Costs of insurance on tools or Equipment owned or rented by
Design/Builder that are not furnished to or used for the Project;
taxes assessed against property or Equipment of Design/Builder
that is not incorporated into the Work; and taxes on gross income.
8.1.4 Costs incurred by Design/Builder or any Subcontractor or Design
Professional, of any Tier, as a result of Delay, except to the extent
expressly permitted by Section 3.4 of this Contract for
Compensable Delay.
8.1.15 Costs that would cause the Contract Price, as adjusted for Change
Orders executed by City, to be exceeded.
8.1.5 The cost for any item not specifically and expressly listed as a Cost of the Work in Section 7.0 or included in Design/Builder’s Fee as
described in Section 10.0.
vi. Section 10.0 is deleted in its entirety and replaced with the following:
10.0 DESIGN/BUILDER FEE
The Design/Builder's Fee on Work performed during the Construction Phase
includes the following cost, overhead, and profit items:
10.1 Administrative Design Services During Construction. This item includes
administrative design services during the construction phase, including responses
to Requests for Information (“RFIs”), shop drawing and submittal review,
preparation of as-built drawings and preparation/review of Operations &
Maintenance (“O&M”) Manuals. In addition, this item includes the wages, benefits,
and subsistence for the following three (3) Design/Builder positions only: Project
Manager, Construction Manager, and QA/QC Manager. This item does not include
the following:
.1 The cost of performing substantive design services arising out of a
change in the work; and
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6 3.A.d
Packet Pg. 129 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
19 of 22
.2 All Design/Builder staff and field labor not expressly identified in
Section 10.1.
10.2 Bonds. This item includes Design/Builder’s bond costs for the performance
and payment bonds required under this Agreement, including bond costs
associated with changed Work or Extra Work.
.1 This item does not include subcontractor or supplier bond cost, which
will be a part of any subcontracted scope packages.
10.3 Insurances. This item includes Design/Builder’s costs for providing the
insurance coverages and limits required under this Agreement, including
insurance costs associated with changed Work, or Extra Work.
.1 This item does not include subcontractor or supplier insurance costs,
which will be a part of any subcontracted scope packages.
10.4 General Conditions. This item includes the cost of Design/Builder’s office
trailer. This item also includes Project site office supplies, utilities, communications
(internet and telephone) and vehicles only for the three (3) Design/Builder positions
expressly identified in Section 10.1. This item also includes Design/Builder’s
allocable local office overhead. This item does not include the following:
.1 Site general conditions for additional Design/Builder positions
located in the Project office (this cost has been included in Design/Builder’s
Lump Sum price for self-perform work); and
.2 Vehicles for additional Design/Builder positions located in the Project
office (this cost has been included in Design/Builder’s Lump Sum price for
self-perform work).
10.5 General and Administrative Cost. This item includes Design/Builder’s
corporate general and administrative costs allocable to the Project.
10.6 Fee. This item includes Design/Builder’s profit margin.
10.7 Summary. The percentage mark-ups that comprise Design/Builder's Fee
as defined in Sections 10.1 through Section 10.7 are summarized in the Table
below:
ITEM MARK-UP
Administrative Design
During Construction 7%
Bonds 0.75%
Insurances 0.75%
General Conditions 3%
General and Administrative Cost 4%
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6 3.A.d
Packet Pg. 130 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
20 of 22
Fee 4%
TOTAL FEE 19.5%
B. General Conditions Modifications:
i. Articles 7.2.3 – 7.2.6 are hereby deleted and replaced with the following:
7.2.3 Changes involving Extra Work that City elects to have performed on a time and material basis shall be performed, whether by Contractor's forces
or the forces of Subcontractors or Sub-Subcontractors, based on actual Allowable Costs in performing the Change in the Work and with mark-ups
in accordance with Section 7.3 of the Contract. Contractor shall submit on a daily basis to the City daily time and material tickets to include the
identification number assigned to the Change; the location and description
of the Change; the classification of labor employed (and names and social security numbers if requested); the materials used; the equipment rented
(not tools); and such other evidence of cost as the City may require. The City may require authentication of all time and material tickets and invoices
by persons designated by the City for such purpose. The failure of
Contractor to secure any required authentication shall, if City elects to treat it as such, constitute a waiver by Contractor of any right to adjustment of
the Contract Price for the cost of all or that portion of the Extra Work covered by a non-authenticated ticket or invoice. The adjustment to the Contract
Price for the Extra Work will be based on the accumulation of Allowable Costs as provided in Article 7.2.5 below. It is Contractor's responsibility to
review the Change Order Request invoicing of Contractor and
Subcontractors and Sub-subcontractors for accuracy of Subcontractor Markups.
7.2.4 Adjustments to the Contract Price for Changes for which Contractor
is entitled to an adjustment of the Contract Price by Change Order shall be computed at City's sole election on the basis of one or more of the following:
(i) Unit prices stated in the Contract Documents or agreed upon by City
and Contractor.
(ii) A Lump Sum agreed upon by City and Contractor, based on the estimated Allowable Costs and Contractor Markup and
Subcontractor/Sub-Subcontractor Markup computed in accordance with the following:
(iii) Contractor’s Allowable Costs, plus Design-Builder’s Fee and
Subcontractor/Sub-subcontractor Markups applicable to such Extra Work.
7.2.5 Allowable Costs shall mean only those costs listed in, and
substantiated and documented in accordance with Articles 7.1 – 7.8 of the DB Agreement and that are not disallowed by Article 8.1 of the DB
Agreement.
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6 3.A.d
Packet Pg. 131 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
21 of 22
7.2.6 The term "Design/Builder Fee" shall mean the “Total Fee”
percentage amount summarized in Article 10.7 of the DB Agreement and more fully described in Articles 10.0 – 10.6 of the DB Agreement. The
Design/Builder Fee shall comprise the full amount of Design/Builder compensation for all costs and expenses including overhead and profit not included in the Allowable Costs, whether or not referred to in Article 7.2.5.
ii. Articles 7.2.4 – 7.2.11 shall remain as drafted, but shall be renumbered 7.2.7
– 7.2.14.
ARTICLE 22.0 AUDITING
22.1 Audit Rights for Change Order Proposals and Claims. Design/Builder
agrees for itself and its Subcontractors and Design Professionals that City’s designated representatives will have the right to examine Design/Builder’s, and its Subcontractors’
and Design Professionals’ records to verify accuracy and appropriateness of the pricing
data used to price all change order proposals, and/or claims. Design/Builder agrees that if City determines the cost and pricing data (whether approved or not) was inaccurate,
incomplete, not current, or not in compliance with the terms of the Contract regarding pricing, an appropriate contract price adjustment will apply to all Change Orders.
22.2 Audit Rights for Lump Sum Portions of Construction GMP. The parties
agree and acknowledge that for Design/Builder Lump Sum pricing, the scope of any City
audits shall consist exclusively of verifying payment of the applicable Lump Sum amount for Work properly performed. To the extend any Lump Sum work package is altered via
Change Order to include time and materials or force account work, the amounts paid for such time and materials or force account work shall be subject to the City’s audit rights
set forth in Section 22.1 of this GMP Amendment.
22.3 Audit Costs. City shall bear all audit costs except where the audit results
indicate cost discrepancies in Design/Builder’s change order proposal(s), claim(s), or verification of work properly performed, in which event Design/Builder shall bear all audit
costs.
ARTICLE 23.0 PREVAILING WAGE (DAVIS/BACON)
Design/Builder shall comply with all prevailing wage requirements in Exhibit 11.
ARTICLE 24.0 EXHIBITS
The attached Exhibits are a part of this GMP Amendment as if each were fully incorporated therein.
Exhibit 1 – Key Personnel
Exhibit 2 – Contract Price & Construction GMP Summary, Schedule of Values,
GMP Revisions Summary, Initial GMP, Time-Related Overhead Rate, Exhibit 3 – Construction Schedule
Exhibit 4 – Express Project Criteria Exhibit 5 – Permit List
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6 3.A.d
Packet Pg. 132 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
22 of 22
Exhibit 6 – Testing and Guaranteed Plant Performance Parameters Exhibit 7 – City Event List
Exhibit 8 – Laydown Area at the Colorado Yards Exhibit 9 – Construction QA/QC Plan Requirements Exhibit 10 – Work Restriction (CIMP) and Traffic Control
Exhibit 11 – Davis-Bacon Requirements and Wage Determination Exhibit 12 – Subcontractor List & Self-performed Work List
ARTICLE 25.0 NO MODIFICATION
Except as expressly modified by this GMP Amendment, all other terms and
conditions of the Design/Build Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this GMP Amendment as of the
date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA, a municipal corporation
By:______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By:_______________________________
DocuSign Envelope ID: 3EDC484A-E4AC-4B42-B5D6-9980FAEE07C6
12/23/2019
City Attorney
Lane Dilg
1/8/2020
Tony Joyce
Kiewit Infrastructure West Co
Vice President
City Manager
1/15/2020
Rick Cole
City Clerk
Denise Anderson-Warren
1/15/2020
3.A.d
Packet Pg. 133 Attachment: SWIP GMP Amendment [Revision 1] (4732 : Award SWIP GMP for Operations Phase)
1
August 2017
FIRST MODIFICATION OF DESIGN/BUILD AGREEMENT NO. 10736 (CCS)
This First Modification of Agreement Number 10736 (CCS) (“First Modification”),
entered into as of _________________(“Execution Date”), by and between the City
of Santa Monica, a municipal corporation (“City”), and Kiewit Infrastructure West
Co. (“Design/Builder”) is made with reference to the following:
RECITALS
A. On or about November 19th, 2018, the City and Design/Builder entered into
Agreement Number 10736 (CCS) for Design/Build Agreement services on the fol-
lowing Project: Sustainable Water Infrastructure Project (“Original Agreement”).
B. The City and Design/Builder desire to modify the Original Agreement to include
additional services to be performed by Design/Builder and to increase the contract
price to pay for those additional services.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Origi-
nal Agreement as follows:
1. Article 4.0 of the of the Original Agreement entitled “Preconstruction Phase” shall
be modified by adding the following paragraph:
Design/Builder shall perform all of the additional services described in Ex-
hibit 20, Additional Services & Budget for Confined Space Entry Plan.
Design/Builder will complete the Additional Services in accordance with
Exhibit 20, Additional Services & Budget for Confined Space Entry Plan.
2. Article 2.1.1 of the Original Agreement entitled “Preconstruction GMP” shall be
replaced by the following paragraph:
Preconstruction GMP.
The City shall compensate Design/Builder for the Additional Services in
an amount not to exceed THIRTEEN THOUSAND SIX HUNDRED
EIGHTY-NINE DOLLARS AND THIRTY-NINE CENTS ($13,689.39),
as set forth in Exhibit 20, Additional Services & Budget for Confined
Space Entry Plan.
Total compensation to Design/Builder for Work performed by De-
sign/Builder during the Preconstruction Phase in accordance with Section
4.0, including the Additional Services, shall not exceed the Guaranteed
Maximum Price (also referred to herein as the “Preconstruction GMP”) of
SEVEN MILLION ONE HUNDRED FOUR THOUSAND SIX
HUNDRED EIGHTY-NINE DOLLARS AND THIRTY-NINE CENTS
($7,104,689.39) and shall be paid in accordance with the Payment Sched-
ule set forth in Exhibit “6” (Budget for Pre-construction).
DocuSign Envelope ID: A133BD3B-B99D-4475-A856-937A73D62B9D
6/11/2019
3.A.e
Packet Pg. 134 Attachment: First Modification (4732 : Award SWIP GMP for Operations Phase)
2
August 2017
3. Exhibit 20, Additional Services & Budget for Confined Space Entry Plan,
is attached hereto and incorporated herein and into the Original Agree-
ment by this reference.
4. Except as expressly modified by this First Modification, all other terms and condi-
tions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the
date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ____________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ____________________________
DocuSign Envelope ID: A133BD3B-B99D-4475-A856-937A73D62B9D
City Attorney
Lane Dilg
5/8/2019
Tony Joyce
Kiewit Infrastructure West Co
Vice President
6/6/2019
City Manager
6/11/2019
Rick Cole
City Clerk
Denise Anderson-Warren
6/13/2019
3.A.e
Packet Pg. 135 Attachment: First Modification (4732 : Award SWIP GMP for Operations Phase)
3.A.fPacket Pg. 136Attachment: Oaks Initiative Form 2022 (4732 : Award SWIP GMP for Operations Phase)
3.A.fPacket Pg. 137Attachment: Oaks Initiative Form 2022 (4732 : Award SWIP GMP for Operations Phase)
Name Title Percent Ownership*
Miles, David J President/Director 0
Schmidt, Scott A Chief Financial Officer, Treasurer 0
Adams, H E Executive Vice President 0
Glaser, William D Executive Vice President 0
Soderberg, Patrick A Executive Vice President 0
Sori, Alfredo E Executive Vice President 0
Buford, Tyler L Senior Vice President 0
Driver, Stan M Senior Vice President 0
Robinson, Terrence L Senior Vice President 0
Scott, Eric M Senior Vice President 0
Swinton, Matt L Senior Vice President 0
Vetter, J D Senior Vice President 0
Wisenbaker, Jamie D Senior Vice President 0
Anderson, Robert G Vice President 0
Boden, Kent A Vice President 0
Briggs, Craig A Vice President 0
Colpack, Michael J Vice President 0
Ellis, Jeffrey V Vice President 0
Farrell, Robert R Vice President 0
Giuntini, Paul H Vice President 0
Hanna, Kenneth W Vice President 0
Jessen, Chad C Vice President 0
Kite, Gray D Vice President 0
McFadden, Steven M Vice President 0
Miske, Christopher M Vice President 0
Nelson, Erik A Vice President 0
Orbus, Todd W Vice President 0
Ostlund, Michael D Vice President 0
Peplow, Andrew J Vice President 0
Petersen, Jeffrey P Vice President 0
Petersen, Shane T Vice President 0
Schropp, Tobin A Vice President 0
Searles Jr. William Vice President 0
Westland, Bill L Vice President 0
Runyan-Pick, Loree C Controller 0
Schmidt, Scott A Treasurer 0
Carnazzo, Mary M Secretary 0
Anderson, Gerald L Assistant Secretary 0
Andrews, Paul C Assistant Secretary 0
Baker, James S Assistant Secretary 0
Casper, Carla A Assistant Secretary 0
Dilworth, Jim J Assistant Secretary 0
Gardner, Brian J Assistant Secretary 0
Geiss, Greg L Assistant Secretary 0
Gleaves, Timothy L Assistant Secretary 0
Goodvin, Larry L Assistant Secretary 0
Larsen, Kari L Assistant Secretary 0
Lombardi, Michael R Assistant Secretary 0
Martin, Craig A Assistant Secretary 0
Perry, Lyle R Assistant Secretary 0
Rood, Michael A Assistant Secretary 0
Ryan, Paola J Assistant Secretary 0
Schultz, Meda Assistant Secretary 0
Spitzenberger, Joseph M Assistant Secretary 0
Walsh, Ryan M Assistant Secretary 0
Williams, Katrina C Assistant Secretary 0
DIRECTOR
David J. Miles
A Delaware Corporation Organized May 18, 1982.
Name changed from Kiewit Pacific Co. effective June 30, 2010.
*Kiewit Infrastructure West Co. is 100% wholly owned by Kiewit Infrastructure Group Inc.
This information is current as of January 31, 2022 and is subject to change.
Page 1 of 1
PRINCIPAL OFFICERS LIST
KIEWIT INFRASTRUCTURE WEST CO.
3.A.f
Packet Pg. 138 Attachment: Oaks Initiative Form 2022 (4732 : Award SWIP GMP for Operations Phase)