HomeMy WebLinkAbout08 - Bay Crossing Water Main Replacement ProjectTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
PREPARED BY:
PHONE:
TITLE
ABSTRACT:
November 28, 2017
Agenda Item No. 8
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
Ben Davis, Associate Civil Engineer, bdavis(@newportbeachca.gov
949-644-3317
Bay Crossing Water Main Replacement Project — Approval of
Professional Services Agreement with Dudek (16W12)
As part of the City's Water Master Plan and the 2010 Bay Crossing Water Transmission
Main Study, this Bay Crossing Main Replacement project involves the analysis and
preliminary design efforts to replace various aging water transmission mains. Staff issued
a Request for Proposal for professional engineering services for this project and is
requesting City Council's approval to enter into a Professional Services Agreement with
Dudek.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly;
and
b) Approve a Professional Services Agreement with Dudek Inc. of San Juan Capistrano,
California, for the Bay Crossing Water Main Replacement project at a not -to -exceed
price of $244,915.00, and authorize the Mayor and City Clerk to execute the
Agreement.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this service. It will be expensed
to the Water Capital Distribution and Piping Fund account, 70201931-980000-16W12.
The consultant's fee proposal total is $222,650.00 and the City has added a 10%
contingency amount for $22,265.00 to cover additional preliminary design work, analysis
and services that may be needed to cover unforeseen conditions or additional
environmental analysis that may be necessary.
W
Bay Crossing Water Main Replacement Project — Approval of
Professional Services Agreement with Dudek (16W12)
November 28, 2017
Page 2
DISCUSSION:
As part of the City's Water Master Plan and the 2010 Bay Crossing Water Transmission
Main Study, this Bay Crossing Main Replacement project involves the analysis and
preliminary design efforts to replace various aging water transmission mains. The scope
involves preliminary design for eight bay crossing water mains.
The 2010 Bay Crossing Water Transmission Main Study evaluated nine existing bay
crossings that range in age from 29 to 80 years old and in pipe diameter size from 8 to
24 inches. As a result of the 2010 study, two bay crossing pipelines were deemed low
priority due to newer age of pipe and redundancy in the water system. These two bay
crossing pipelines are not included with this project. In addition, staff added the Santa
Ana River pipeline crossing due to the recent minor leak that has since been repaired.
Based on the prioritization as concluded in the 2010 study, we are beginning the pipeline
analysis process that includes leak detection, utility research, video review, alternative
alignment analysis which will prepare the projects for environmental clearance, permitting
and final design requirements.
On March 1, 2017, staff requested proposals from five consulting firms to provide
professional engineering services for this project. Three firms declined to propose. Two
proposals were received from the following firms:
1. Dudek (279/300 points)
2. Mofatt and Nichol (213/300 points)
The City's proposal review team consisted of three staff members from the Public Works
Department. Using the qualification -based selection process, the proposals were
evaluated by the review team independently. Proposal evaluations were based on the
consultant's project understanding, experience, qualifications, planning, approach, ideas
and projected level of effort. While the two firms appear to meet the minimum
qualifications as required in accordance with the proposal, Dudek was selected by the
review team as the most qualified and responsive firm for this project. Dudek has also
successfully completed similar water main design projects for other local agencies
including the City of Newport Beach. Public Works and Dudek expect to get started on
the work in January and work will continue through the 2018 calendar year.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
Bay Crossing Water Main Replacement Project — Approval of
Professional Services Agreement with Dudek (16W12)
November 28, 2017
Page 3
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Professional Services Agreement
ATTACHMENT A
5�
BAY CROSSING WATER
MAIN REPLACEMENT
LOCATION MAP
NOTE: SANTA ANA RIVER
CROSSING NOT SHOWN
a
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-8487-1 1 11/28/17
8-4
Attachment B
PROFESSIONAL SERVICES AGREEMENT
WITH DUDEK FOR
BAY CROSSING WATER MAIN REPLACEMENT PROJECT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 28th day of November, 2017 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and DUDEK, a California corporation ("Consultant"), whose address is 27372 Calle
Arroyo, San Juan Capistrano, California 92675, and is made with reference to the
following:
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. City desires to engage Consultant to provide design, environmental compliance,
and other professional services related to the Bay Crossing Water Main
Replacement ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2020, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
RIM
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Two Hundred Twenty Two
Thousand Six Hundred Fifty Dollars and 00/100 ($222,650.00). Additionally, the City
has allocated a contingency amount of Twenty Two Thousand Two Hundred Sixty Five
Dollars and 00/100 ($22,265.00) for unexpected costs, for a total not to exceed amount
of Two Hundred Forty Four Thousand Nine Hundred Fifteen Dollars and 00/100
($244,915.00). No portion of the contingency shall be expended without prior written
approval of City's Project Administrator.
4.2 No billing rate changes shall be made during the term of this Agreement
without the prior written approval of City.
4.3 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month, Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
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4.4 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.5 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Russ Bergholz to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
1'e V91J,Il.[Pt112 00111
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
Dudek Page 3
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8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
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negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
9.3 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this (collectively, the "Indemnified Parties), from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence,
recklessness, or willful misconduct of the Consultant or its principals, officers, agents,
employees, vendors, suppliers, subconsultants, subcontractors, anyone employed
directly or indirectly by any of them or for whose acts they may be liable, or any or all of
them.
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
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11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
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provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
17.4 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide Consultant
with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall
be transmitted to City in formats compatible with Microsoft Office and/or viewable with
Adobe Acrobat.
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17.5 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. 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 to Consultant
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
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constitute! a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination
of this Agreement by City. Consultant shall indemnify and hold harmless City for any and
all claims for damages resulting from Consultant's violation of this Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
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26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Russ Bergholz
Dudek
27372 Calle Arroyo
San Juan Capistrano, CA 92675
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
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Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. PREVAILING WAGES
If any of the Work contemplated under the Agreement is considered a "public
work", pursuant to the applicable provisions of the Labor Code of the State of California,
including but not limited to Section 1720 of seq., not less than the general prevailing rate
of per diem wages including legal holidays and overtime Work for each craft or type of
workman shall be paid to all workmen employed on such. In accordance with the
California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the Work
is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the Agreement. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department
of Industrial Relations. The Contractor is required to obtain the wage determinations from
the Department of Industrial Relations and post at the job site the prevailing rate or per
diem wages. It shall be the obligation of the Contractor or any subcontractor under
him/her to comply with all State of California labor laws, rules and regulations and the
parties agree that the City shall not be liable for any violation thereof.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
30.4 Integrated Contract, This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
Dudek Page11
8-15
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys'Fee„s. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Dudek Page 12
8-16
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:_ �Lll3I/ %
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:_ g --By:
Aaron C. Harp Kevin Muldoon
City Attorney Mayor
ATTEST:
Date:
EM
Leilani I. Brown
City Clerk
CONSULTANT: Dudek, a California
corporation
Date:
la
Frank Dudek
President
Date:
By:
Mark Forster
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Dudek
Page 13
8-17
EXHIBIT A
SCOPE OF SERVICES
Dudek
Page A-1
Rm:
SCOPE OF WORK
1 Background, Approach and Scope of Work
1.1 Background
The City of Newport Beach is planning to rehabilitate or replace existing bay crossing water transmission mains
at various locations surrounding Newport Bay and single crossing of the Santa River. The size and length of the
water mains range from 8 -inch to 30 -inch in diameter and from 183 feet to 1,264 feet in length. The following
Table 1 lists the general information for each crossing,
TABLE 1. CROSSINGS
ID
BC 01
Name
Peninsula Point
Size (in)
14
Material
CIP
Installed
(Year)
1957
•g•
(Years)
60
Length
(ft)
1264
BC 02
Washington Street
12
930
CIP
1952
65
BC 05
Harbor Island Dr.
24
294
DIP
1972
45
BC 06
Harbor/Linda Isle
8
470
DIP
1966
51
BC 12
Lido Channel
8
905
CIP
1954
63
BC 15
Balboa Cove
8
186
CIP
1957
60
BC 17
Newport Blvd
20
183
CIP
1936
81
SA 01
Santa Ana River
30
700 (est.)
DIP
In 2010, Dudek assisted the City in evaluating both the risk potential in providing fire flow to hydrants around the
bay and peninsula in the event of a failure to a crossing and preliminary evaluation of approaches to rehabilitate
or replace each crossing. The conclusion to this report itemized the risk potential in terms of reduction in fire
flows, options for mitigating risk, preliminary estimates of the cost for mitigation and recommendations for next
steps in the planning process.
1.2 Objectives and Goal
This current proposal will move the City one-step closer to the final design and construction by conducting non-
destructive testing of each crossing to refine prioritization and validate potential for internal lining, evaluation of
options for replacement, selection of the final approach for improvements and environmental processing. In
summary, the following is our projection of objectives for the projects:
1. Determine the preferred methodology for rehabilitation or replacement of each crossing
2. Prepare project descriptions for initiation of CEQA based on prioritization
3. Develop the preliminary design report for the final design packages.
With an average age of nearly 60 years for the subject Newport Bay pipeline crossings, the project goal is to
address the risk potential associated with losing water supply and/or pressure due to pipeline failure by extending
the useful life of each crossing either through complete replacement or rehabilitation.
E.__I
DUDEK Bay Crossing Water Main Replacement Project 2
8-19
SCOPE OF WORK
1.3 Scope of Work
The following scope of work provides a description of work items as discussed during the project negotiation
meeting May 17'h, project approach email provided May 231 and direction provided November 2n1 pertaining to
elimination of all work associated with BC09. A summary of the basis of level of effort for this scope of work is
shown in Table 1 on page 7. For each scope item, a detailed summary of specific work elements, assumptions,
and deliverables has been included.
Task 1 Bay Crossing Evaluation Summary Report.
The Bay Crossing Evaluation Summary Report is intended to consolidate information relative to each crossing for
consideration of the recommended mitigation. Generally, the following information will be consolidated as
available:
• Current calibrated water distribution computerized hydraulic model
• Hydraulic modeling/shut down analysis from 2010 Bay Crossings study
• Site visit photos and access assessment from 2010 Bay Crossings study
• Alternative mitigation measures considered in 2010 Bay Crossings study
• Preliminary topography information included harbor/bay depth and parcel information
• Alternative alignment hydraulic modeling analysis (BCO2, BC15)
Alternative Alignment Hydraulic Modeling. Several existing crossings present significant challenges associated
with either rehabilitation or replacement along a parallel path. In consideration of meeting the project goals,
Dudek is proposing that for several crossings (BCO2 and BC15), that alternative alignments be considered to
achieve the intended goal of the project and are located in a feasible location for construction. The following
provides a brief description of alternative crossing locations for consideration:
BCO2 — Alternative Pipeline Location. The primary water supply to Balboa Island is across the bridge at Marine
Avenue. BCO2 provides the redundant supply source connecting to the peninsula. The following proposed
alternative alignment connects Balboa Island to the mainland 24" pipeline along Harbor Island Drive. This
alignment provides ample space for installation of the new pipeline using horizontal directional drilling (HDD) or
subaqueous crossing. If alternative is considered feasible by the City, Dudek will validate its size and performance
using the updated City hydraulic model.
DUDEK Bay Crossing Water Main Replacement Project 3
SCOPE OF WORK
BC06 - Pressure Test. BC06 - Harbor Island/Linda Isle crossing is a currently abandoned 8" DIP, originally
installed in 1966 via subaqueous methods and has been abandoned for an unknown period. The crossing
supported redundancy and fire flow capacity in either directions. The condition of the crossing is unknown. This
subtask will conduct a pressure test of the existing abandoned line to validate connectivity and potentially hold
pressure. If successful further consideration of rehabilitation will be investigated.
For pressure testing, a connection will be made to the pipe downstream of an insolation valve on Harbor Island.
On Linda Isle, a small excavation will be made downstream of the isolation valve to expose the existing pipeline
and connect a pressure gauge. The pipeline will be pressurized on the Harbor Island side. Pressure will be
monitored on the Linda Isle side. If the pressure increase (-10psi) is detected on Linda Isle, this will validate
connectivity exists. If connectivity is validated, Dudek will provide recommendation for additional CCN
inspection of the pipe for CIPP lining feasibility. If connectivity is not validated, Dudek will provide
recommendation for an alternative crossing method, including HDD.
BC15 - Alternative Pipeline Location. BC1S provides primary service to Balboa Cove. The existing 8" pipeline is
difficult to access on the mainline side as it crosses between two existing homes. As an alternative alignment to
consider, an 8" FPVC pipeline can be installed by HDD methods from the existing park to the north west side of
Balboa Cove to Channel Place. If alternative is considered feasible by the City, Dudek will validate its size and
performance using the updated City hydraulic model.
FIGURE I BC15 ALTERNATIVE PIPELINE ALIGNPVAIENT
Alternative Analysis. Dudek will consider each crossing independently and assess the feasibility of multiple
solutions for mitigation, including rehabilitation and replacement as appropriate. Limitations, access, risk and
planning level costs will be itemized for each alternative.
Analysis Workshop. Dudek will coordinate a workshop with the City to review the hydraulic modeling results,
mitigation options and preliminary assessment of alternatives. The goal of the workshop is to both present
preliminary findings and obtain City input as to feasibility, constructability, validation and support towards the
recommended mitigation. Meeting will be attended by key City engineering and operations support staff and
Dudek engineering staff. Dudek will moderate the discussion, providing both meeting agenda and meeting
minutes.
Project Descriptions. Project descriptions are used to initiate the environmental documentation process (Task
2). Dudek will prepare draft project descriptions for City review.
DUDEK Bay Crossing Water Main Replacement Project 4
8-21
SCOPE OF WORK
Project Cost Estimates. Each crossing alternative will be estimated and used as part of the comparative analysis.
Bay Crossing Evaluation Summary Report. Dudek will prepare the Bay Crossing Evaluation Summary Report
using the above information including:
• Detailed descriptions of each rehab/replacement method considered
• Consideration of alternative pipeline crossing locations at up to three locations
• Cost estimates
• Numerical ranking of each alternative based on a weighted scale and comparative analysis
• Recommendation for specific mitigation at each crossing with formal project description
• List of potential design phase and construction phase permits
• Executive Summary
• Supporting modeling information within the appendix.
Deliverables:
• Dudek will submit both draft and final versions of the Bay Crossing Evaluation Summary Report
electronically. Hardcopies of the report will be made available upon request.
Task 2 Preliminary Design Services
Following completion of Task 1, Dudek anticipates that the direction for mitigation of each crossing will be clearly
defined. For estimating the level of effort, Dudek has included the anticipated approach for each crossing within
Table 1. Task 2, Preliminary Design Services, will develop and include the following aspects of the design process:
• Utility research. Where excavations are anticipated, utility research will be conducted to identify key
connection points and potential conflicts to avoid.
• Base mapping. The consolidation of topographic information, utility information and proposed
horizontal alignment information for the proposed crossing mitigation will be collected and
presented in GIS -based format,
• Limits of work. Based on the mitigation approach, the anticipated limits of work will be defined for
each side of each crossing.
• Pipeline design. Pipeline size and material will be selected based on required hydraulic capacity,
pressure, and structural requirements. Connection points and horizontal alignment will be shown
upon the base mapping.
• Cost Estimates. PDR level (30% design) construction cost estimate will be prepared for each crossing.
• Additional Field Investigations. In the event that additional field testing is recommended and
authorized by the City, a contingency budget of $40,000 is included within the budget for such efforts
on an as needed, as approved basis.
The preliminary design report will consolidate the analysis and conclusions of the evaluation summary report
(Task 1) identifying the preferred method for addressing each crossing, followed by summarizing each of the
factors listed above that define the preliminary design elements of the recommended project.
The resultant report will include the unique project description for each crossing for use in proceeding with
environmental permitting. The project description and preliminary design information will be readily available to
initiate the development of final design plans, technical specifications and construction cost estimates.
DUDEK Bay Crossing Water Main Replacement Project 5
8-22
SCOPE OF WORK
Deliverables:
• Dudek will submit both draft and final versions of the Preliminary Design Report electronically in both
native and PDF formats. Hardcopies of the report will be made available upon request.
Task 3 Project Management
Dudek's Project Manager, Russ Bergholz, will work closely with the City management team to adapt our standard
project management tools for cost tracking, schedule, budget, progress reports and communication to meet the
District's format and standards of practice.
Quality control/Quality Assurance. As Dudek's Principal Engineer and Quality Control Manager, Michael Metts,
PE, will ensure implementation of Dudek's typical quality assurance and quality control (QA/QC) program, a
proven method for delivery of quality work products. All deliverables will receive independent senior technical
reviews from Mr. Metts. Both internal and City review comments shall be incorporated into any deliverable prior
to submission to the City.
Meetings and Workshops. Dudek will conduct a project kick-off meeting and monthly coordination meetings
(10 total meetings) with the City. A workshop following the evaluation of alternatives will be conducted for
consolidating City input and narrowing focus on the final recommended improvement details.
Project Status Reporting. Our Project Manager, Russ Bergholz, PE, PMP, will communicate regularly and
effectively with the City's project manager, recognizing that routine project status updates are critical to efficient
project delivery. We routinely employ project management tools to proactively monitor project schedule and
budget. Monthly progress reports will accompany our invoices, summarizing work completed in the previous
month, status of deliverables, work planned for the immediate future, and identification of any budget or scope
issues.
DUDEK Bay Crossing Water Main Replacement Project 6
8-23
SCOPE OF WORK
TABLE 1. SUMMARY OF THE SCOPE OF WORK — BASIS OF LEVEL OF EFFORT
DUDEK Bay Crossing Water Main Replacement Project
8-24
D
�...
Alternatives for
consideration
(Bold
0 IV
UJ
L)
for Level of Effort in •D•
1
BC 01
Peninsula
Preliminary Design ONLY. CEGA
No
No
Yes
Yes
No
No
Microtunnelling
Critical
Point
to be determined post PDR
TBD post PDR
<2 Yrs
1
BC 02
Washington
Preliminary Design ONLY. CEOA
No
No
Yes
Y
Yes
No
No
HD Subaqueous Crossing
Critical
Street
to be determined post PDR
TBD post PDR
Alt Pipe Location
<2 Yrs
1
BC 05
Harbor Island
Preliminary Design ONLY. CEOA
No
No
Yes
Yes
No
No
CIPP
City to
Dr.
to be determined post PDR.
TBD post PDR
Determine
1
BC 06
Harbor
Island/Linda
Conduct field pressure testing.
No
No
Yes
Yes
No
No
. HDD
City to
Isle
Evaluate altemative crossings.
TBD post PDR
. Subaqueous Crossing
Determine
1
BC 12
Lido Channel
Preliminary Design ONLY. CEOA
No
No
Yes
Yes
No
No
• HDD
' Subaqueous
Needed
to be determined post PDR
TBD post PDR
Crossing
2-5 Yrs
• CIPP
1
BC 15
Balboa Cove
Preliminary Design ONLY. CEOA
No
No
Yes
Yes
No
No
• Subaqueous Crossing
Needed
to be determined post ADR
TBD post PDR
. Alt Pipe Location
2-5 Yrs
HDD
1
BC 17
Newport Blvd
Design ONLY. CEOA
No
No
Yes
Yes
No
No
� HDD
Subaqueous
Critical
to
to be determined post PDR
Crossing
<2 Yrs
1
SA 01
Santa Ana
Preliminary Design ONLY. CEOA
No
No
Yes
Yes
No
No
HDD
City to
River
to be determined post PDR
TBD post PDR
Determine
DUDEK Bay Crossing Water Main Replacement Project
8-24
TEAM, SCHEDULE, AND FEE ESTIMATE
Primary Representative
Russ Bergholz, PE, PMP
PE No: C59395
Address: 605 Third street, Encinitas, CA 92024
Phone No.: 760.479.4107
Email: rbergholz@dudek.com
Alternative Representative
Bob Ohlund, PE
PE No: C41006
Address: 27372 Calle Arroyo, San Juan Capistrano, CA 92675
Phone No.: 949.373.8313
Email: bohlund@dudek.com
Project Team Organization
Led by a proven project management team, the Dudek team presents a collaborative group of highly trained
and competent professionals that have a unique ability to find practical, cost effective solutions to pipeline
rehabilitation. Dudek has proven experience and leadership in trenchless pipeline design alternatives including
Cured in Place Pipe (CIPP), horizontal directional drilling (HDD), microtunneling, slip -lining, spot repair, and spray
lining. Our design team has expertise in pipeline alternative through locally environmentally sensitive areas
including Santa Ana River, Aliso Creek, San Elio Lagoon, Batiquitos Lagoon, and Agua Hedionda Lagoon.
Dudek will serve as the prime consultant providing overall management and engineering services, and will be
responsible for coordinating with City staff. Mr. Russ Bergholz will serve as your dedicated project manager, the
main point of contact with the City. Mr. Bergholz has over 22 years of experience in pipeline design and
rehabilitation particularly regarding trenchless design applications. Working closely with Mr. Bergholz, will be Ms.
Amanda Combs, PE, Mr. Neil Harper, PE, and Mr. Justin Scheidel, PE as Lead and Project Design Engineers. Our
design team has been involved in numerous trenchless rehabilitation projects through Southern California. Mr.
Michael Metts, PE, with over 33 years of experience in design infrastructure related to pipe rehabilitation methods,
will serve as Quality Control Manager. Mr. Bob Ohlund, PE, Vice President of Dudek, will serve as Principal in
Charge.
The project organization chart (Figure 3 below) illustrates our team structure. Dudek commits the proposed staff
to the Cityfor the duration of this project. No changes in staff assignments will occurwithout prior written approval
from the City. Short resumes for key team members and sub -consultant company summaries begin in the
subsequent section of this proposal. Full resumes for every team member are available upon request.
DUDEK Bay Crossing Water Main Replacement Project 8
8-25
TEAM, SCHEDULE, AND FEE ESTIMATE
FIGURE 3. PROJECT ORGANIZATION CHART
Bob Ohlund, PE I I Russ Bergholz, PE, PMP
LEAD ENGINEERS ENVIRONMENTAL LEAD
Amanda Combs, PE Rachel Struglia, PhD, AICP
PROJECT ENGINEERS
ENVIRONMENTAL ANALYST
Neil Harper, PE
Caitlin Munson
Justin Scheidel, PE
NOISE
LEAK DETECTION
Mike Greene, INCE
Tim Roberts'
BIOLOGICAL RESOURCES
SURVEYING
Ryan Henry
Ralph Guido, PLS 1
Craig Seltenrich
TRAFFIC
AIR QUALITY/GREENHOUSE GASES
Anais Schenk
Jennifer Reed
HYDROLOGY AND WATER QUALITY/
GEOLOGY AND SOILS
Perry Russell, PG, CEG
' T.E. Roberts Inc.
2 Guido Surveying
3 Ninyo & Moore
Michael Metts, PE
PERMITTING/COASTAL PLANNING
Amber Geraghty
Shelah Riggs
CULTURAL RESOURCES
Elizabeth Denniston
Sarah Siren
GEOTECHNICAL ENGINEER
Daniel Chu, PhD, GE, PE 3
AESTHETICS
Josh Saunders, AICP
L77-
DUDEK Bay Crossing Water Main Replacement Project 9
8-26
TEAM, SCHEDULE, AND FEE ESTIMATE
Schedule
Dudek has prepared the following project schedule in Figure 4 representing the estimated duration and
interconnection of tasks through the project.
FIGURE 4. PROJECT SCHEDULE
10 Task Name
1 Task 1 Alt Analysis and Recommendations
2 1.1 Modeling for BCO2. BC 12 and BC 15
3 1.2 BC06 Pressure Testing
4 1.3 Alternative Analysis
5 1.4 Analysis Results Workshop
6 1.5 Project Definitions
7 1.6 Prelinimary Cost Estimates
8 1.7 Preparation of Alternative Analysis Report
9 Submit Draft Report
10 City Review
11 Prepare Final Alt Analysis Report
12 Submit Final Report
13 Task 2 Preliminary Design - All 9 Crossings
14 3.1 Utility Resoarch
15 3.2 Preparation of GIS Based Mapping
16 3.3 Draft Preliminary Design Report
17 Submit Draft PDR
18 City Review
19 3.4 Final Preliminary Design Report
20 Submit Final PDR
21 Task 3 Project Management and Meetings
22 6.1 Kickoff Meeting
23 PM and Meetings
Duration 2018
_ .j,�m� peso lin .�h Mir ARr'
105 days
25 days �Ik;
0 days
20 days
0 days
5 days
5 days
15 days
0 days
15 days
10 days
0 days
90 days
30 days
10 days
20 days
0 days
15 days
15 days
0 days
195 days
0 days
195 days
12/4
r-
13/23
f!nr:y�
I
4/27
7/20
a,..l
i
8/31
DUDEK Bay Crossing Water Main Replacement Project 10
8-27
TEAM, SCHEDULE, AND FEE ESTIMATE
Subconsultants
Please see the table below for a list of sub -consultants and their role proposed for this project. Dudek will direct
and compensate the proposed subconsultants. Included below is a brief write-up of our subconsultants'
qualifications and their contact information.
TABLE 2. SUBCONSULTANT QUALIFICATIONS
T.E. Roberts Inc. (Leak Detection,
Pressure Testing, CCTV))
Tim Roberts
306 West Katella Avenue, Unit B
Orange, CA 92867
T: 714.669.0072
Tim Roberts has over 33 years of experience in the pipeline construction industry
specializing in water, sewer and storm drain construction. T.E. Roberts is a licensed
general engineering contractor. They are experience in water pipeline replacement and
rehabilitation, including trenchless installation methods. They are experienced in both
shutdown and excavation of pipe, removal of a segment of pipe, dewatering, and CCN
of pipe. For this project, T.E. Roberts will be providing pressure testing, leak detection,
and CCN. T.E. Roberts experience includes water and wastewater infrastructure for:
South Coast Water District, City of Anaheim, City of Santa Ana, Irvine Ranch Water
District, Moulton Niguel Water District, and Golden State Water Company
:#i%LtiY'110'Wiifti_31'.
DUDEK Bay Crossing Water Main Replacement Project 11
8-28
EXHIBIT B
SCHEDULE OF BILLING RATES
Dudek
Page B-1
8-29
DUDEK
SCHEDULE OF CHARGES
ENGINEERING SERVICES
Project Director.....................................................................
$270.00/hr
Principal Engineer III.............................................................
$240.00/hr
Principal Engineer II.............................................................
$230.00/hr
Principal Engineer I..............................................................
$220.00/hr
Program Manager................................................................
$210.00/hr
Senior Project Manager........................................................
$210.00/hr
Project Manager...................................................................
$205.00/hr
Senior Engineer III................................................................
$200.00/hr
Senior Engineer II................................................................
$190.00/hr
Senior Engineer I.................................................................
$180.00/hr
Project Engineer IV/Technician IV ........................................
$170.00/hr
Project Engineer III/Technician III .........................................
$160.00/hr
Project Engineer II/Technician I I ...........................................
$145.00/hr
Project Engineer I/Technician I .............................................
$130.00/hr
Project Coordinator...............................................................
$100.00/hr
Engineering Assistant.............................................................
$95.00/hr
ENVIRONMENTAL SERVICES
Principal...............................................................................
$240.00/hr
Senior Project Manager/Specialist II .....................................
$225.00/hr
Senior Project Manager/Specialist I ......................................
$215.00/hr
Environmental Specialist/Planner VI .....................................
$195.00/hr
Environmental Specialist/Planner V ......................................
$175.00/hr
Environmental Specialist/Planner IV.....................................$165.00/hr
$150.00/hr
Environmental Specialist/Planner III .....................................
$155.00/hr
Environmental Specialist/Planner II ......................................
$140.00/hr
Environmental Specialist/Planner I .......................................
$125.00/hr
Analyst III.............................................................................
$115.00/hr
Analyst 11 ..............................................................................
$105.00/hr
AnalystI.................................................................................$95.00/hr
$165.00/hr
Planning Assistant II...............................................................
$85.00/hr
Planning Assistant I................................................................$75.00/hr
$135.00/hr
COASTAL PLANNING/POLICY SERVICES
Senior Project Manager/Coastal Planner II ........................... $220.00/hr
Senior Project Manager/Coastal Planner I ............................
$210.00/hr
Environmental Specialist/Coastal Planner VI ........................
$200.00/hr
Environmental Specialist/Coastal Planner V .........................
$180.00/hr
Environmental Specialist/Coastal Planner IV ........................
$170.00/hr
Environmental Specialist/Coastal Planner III ........................
$160.00/hr
Environmental Specialist/Coastal Planner II .........................
$150.00/hr
Environmental Specialist/Coastal Planner I ..........................
$140.00/hr
CULTURAL AND PALEONTOLOGICAL SERVICES
Construction Inspector III ......................................................
Senior Project Manager/Archaecicgist II ...............................
$215.00/hr
Senior Project Manager/Archaeologist I ................................
$205.00/hr
Environmental Specialist/Archaeologist V .............................
$185.00/hr
Environmental Specialist/Archaeologist IV ............................
$165.00/hr
Environmental Specialist/Archaeologist III ............................
$145.00/hr
Environmental Specialist/Archaeologist II .............................
$135.00/hr
Environmental Specialist/Archaeologist I ..............................
$125.00/hr
Environmental Specialist/Architectural Historian II ................
$150.00/hr
Environmental Specialist/Architectural Historian I .................
$125.00/hr
Environmental Specialist/Paleontologist II ............................
$165.00/hr
Environmental Specialist/Paleontologist I .............................
$125.00/hr
Paleontological Technician III .................................................
$85.00/hr
Paleontological Technician II ..................................................$75.00/hr
Paleontological Technician I ...................................................
$55.00/hr
Cultural Resources Technician II ............................................
$75.00/hr
Cultural Resources Technician I .............................................
$55.00/hr
CONSTRUCTION MANAGEMENT SERVICES
Principal/Manager................................................................ $195.00/hr
Senior Construction Manager ..............................................
$180.00/hr
Senior Project Manager........................................................
$160.00/hr
Construction Manager..........................................................$150.00/hr
Sr. Hydrogeologist III/Engineer III .........................................
Project Manager...................................................................
$140.00/hr
Resident Engineer...............................................................$140.00/hr
Sr. Hydrogeologist I/Engineer I .............................................
Construction Engineer..........................................................
$135.00/hr
On-site Owner's Representative ...........................................
$130.00/hr
Construction Inspector III ......................................................
$125.00/hr
Construction Inspector II .......................................................
$115.00/hr
Construction Inspector I ........................................................
$105.00/hr
Prevailing Wage Inspector ....................................................
$135.00/hr
COMPLIANCE SERVICES
Compliance Director............................................................ $205.00/hr
Compliance Manager........................................................... $145.00/hr
Compliance Project Coordinator ........................................... $105.00/hr
Compliance Monitor............................................................... $95.00/hr
HYDROGEOLOGICAL SERVICES
Principal...............................................................................
$260.00/hr
Principal Hydrogeologist/Engineer........................................
$240.00/hr
Sr. Hydrogeologist IV/Engineer IV .......................................
$225.00/hr
Sr. Hydrogeologist III/Engineer III .........................................
$210.00/hr
Sr. Hydrogeologist II/Engineer II ...........................................
$195.00/hr
Sr. Hydrogeologist I/Engineer I .............................................
$180.00/hr
Hydrogeologist VI/Engineer VI ............................................
$160.00/hr
Hydrogeologist V/Engineer V ...............................................
$150.00/hr
Hydrogeologist IV/Engineer IV .............................................
$140.00/hr
Hydrogeologist III/Engineer III ..............................................
$130.00/hr
Hydrogeologist II/Engineer II ................................................
$120.00/hr
Hydrogeologist I/Engineer I ..................................................
$110.00/hr
Technician...........................................................................
$100.00/hr
DISTRICT MANAGEMENT & OPERATIONS
District General Manager .....................................................
$185.00/hr
District Engineer...................................................................
$175.00/hr
Operations Manager...........................................................
$150.00/hr
District Secretary/Accountant..............................................
$100.00/hr
Collections System Manager ................................................
$100.00/hr
Grade V Operator................................................................
$100.00/hr
Grade IV Operator... . ..............................................................
$90.00/hr
Grade III Operator..................................................................
$85.00/hr
Grade II Operator...................................................................
$63.00/hr
Grade I Operator....................................................................
$55.00/hr
Operator in Training...............................................................
$40.00/hr
Collection Maintenance Worker II ...........................................
$60.00/hr
Collection Maintenance Worker I ............................................
$45.00/hr
OFFICE SERVICES
Technical/Drafting/CADD Services
3D Graphic Artist..................................................................
$160.00/hr
Senior Designer...................................................................
$150.00/hr
Designer..............................................................................
$140.00/hr
Assistant Designer...............................................................
$135.00/hr
GIS Programmer I................................................................
$180.00/hr
GIS Specialist IV..................................................................
$155.00/hr
GIS Specialist III,.....-..........................................................
$145.00/hr
GIS Specialist II...................................................................
$135.00/hr
GIS Specialist I....................................................................
$125.00/hr
CADD Operator III................................................................
$130.00/hr
CADD Operator II.................................................................
$125.00/hr
CADD Operator I..................................................................
$110.00/hr
CADD Drafter. .*** .... * ................. * ............. ***''**'* .... *
........... $100.00/hr
CADDTechnician..................................................................
$95.00/hr
SUPPORT SERVICES
Technical Editor III................................................................
$145.00/hr
Technical Editor II.................................................................
$130.00/hr
Technical Editor I.................................................................
$115.00/hr
Publications Specialist III ......................................................
$105.00/hr
Publications Specialist II .........................................................
$95.00/hr
Publications Specialist I ..........................................................
$85.00/hr
Clerical Administration II .........................................................
$90.00/hr
Clerical Administration I ..........................................................
$85.00/hr
Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness
will be billed at 2.00 times normal rates.
After -Hours and Holidays - Minimum charge of two hours will be billed at 1.75 times
the normal rates or after-hours or holiday work approved in advance by the City.
Material and Outside Services - Subcontractors, rental of $pedal equipment, special
reproductions and blueprinting, outside data processing and computer services, etc., are
charged at 1.15 times the direct cost, but do not include the work of subconsultants, including
T.E. Roberts Inc.
Travel Expenses - Mileage at current IRS allowable rates. Per diem where overnight stay is
involved is charged at cost.
Consultant's compensation for all Work performed in accordance with this
Agreement shall be payable according to the above billing rates, which may not
be changed during the term of this Agreement without the prior written approval of
City.
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EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
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Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage,
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
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A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
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G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
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