HomeMy WebLinkAbout08 - Buck Gully Wetlands & Maintenance Road RepairCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. s
July 26, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein, P.E.
949 - 644 -3311
rstein@city.newport-beach.ca.us
SUBJECT: BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIR -
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
DUDEK & ASSOICATES, INC.
RECOMMENDATION:
Approve a Professional Services Agreement with Dudek & Associates, Inc., (Dudek) of
Encinitas, California, for the Buck Gully Wetlands and Maintenance Road Repair at a
contract price of $60,000 and authorize the Mayor and City Clerk to execute the
Agreement.
DISCUSSION:
In 2003, the State Water Resources Control Board awarded the City a grant to assist in
the renovation of Buck Gully including the construction of wetlands. These grant funds
will be used to hire a consultant to prepare a design to rejuvenate degraded wetland
areas in the gully adjacent to the canyon road that takes access at 5'" Avenue and
Poppy Avenue. The project design will also include repair of the roadway where it
crosses the streambed. This road provides access to a City water main valve and
blow -off assembly on the east side of the canyon. The consultant will also obtain the
required permits and environmental clearances. All construction documents and
permits are expected to be completed within six months and the project will be
immediately advertised with construction initiating in March, 2006. Construction costs
are roughly estimated to be between $60,000 and $90,000. Available grant funding for
construction is only $60,000. Any additional funding would require City funds.
Statement of Qualifications (SOQ's) were received from seven consultants for an earlier
project in the watershed (Newport Coast Watershed Flow and Water Quality
Assessment Project). After review of these SOQ's, two consultants, Dudek and
Psomas were invited to submit proposals to provide design, permitting and
environmental clearances services.
SUBJECT: Buck Gully Wetlands and Maintenance Road Repair - Approval of Professional Services Agreement with Dudek &
Associates, Inc.
July 26, 2005
Page 2
The proposals were independently reviewed to evaluate each firm's qualifications, past
experience on similar projects, and availability before ranking Dudek higher. Upon
selection, staff negotiated with Dudek to provide the necessary scope of services for a
fee of $60,000. Dudek has completed services competently and professionally on
similar projects for other local agencies in Southern California.
The scope of Dudek's professional services will include:
Preparing design drawings to restore the roadway over the streambed and the
adjacent wetland areas
Prepare and process permits with the jurisdictional agencies
Prepare environmental documents to support the permits
Funding Availability:
There are sufficient funds available in the following account for the project:
Account Description Account Number Amount
Prop 13 Buck Gully Grant 7255- C5100659 $60,000.00
Environmental Review:
The preparation of an environmental document to meet CEQA requirements is part of
the scope of services.
Prepared by: Submitted by:
Kobert Stein, P.E. t en . Badum
Principal Civil Engineer -ublic orks Director
Attachment: Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT WITH
DUDEK & ASSOCIATES, INC.,
FOR BUCK GULLY WETLANDS AND ACCESS ROAD REPAIR
THIS AGREEMENT is made and entered into as of this day of
2005, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and DUDEK & ASSOCIATES, INC., a California corporation, whose address is
605 Third Street, Encinitas, California, 92024 ( "Consultant "), 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 is planning to implement an erosion control project in the Buck Gully canyon,
which will include refurbishing the wetlands and the Buck Gully 5" Avenue
access road crossing of the streambed.
C. City desires to engage Consultant to provide environmental and engineering
services in connection with the erosion control project, including preparation of
preliminary design plans showing potential creek bank stabilization measures
and drainage improvements; preparation of a wetlands revegetation plan; and
drafting of construction documents, environmental documentation and all
necessary permit applications to implement the improvements ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Tom
Larson.
F. 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:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31" day of December 2006, 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.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
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 Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
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 to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator 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.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand- delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time:- and - materials 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 Sixty Thousand Dollars and no /100 ($60,000.00) without additional
authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.1 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) days after approval of the monthly invoice by City staff.
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4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work 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
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 John Minchin to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager on the Project without the prior written consent of City.
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.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Robert
Stein shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
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A. 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.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
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. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are 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, or 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
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (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, attorney's 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 work negligently
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performed or services negligently provided under this Agreement (including,
without limitation, defects in workmanship or materials and /or design defects [if
the design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent 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).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's 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. 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 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.
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 and /or his /her
duly authorized designee informed on a regular basis regarding the status and
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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, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. 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.
D. Coveraqe Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
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under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this 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 for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City.
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F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional 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.
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 cotenancy,
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
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and
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. Except as specifically authorized herein, the services to
be 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
Each and every report, draft, map, record, plan, document and other writing
produced (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. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
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
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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.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and tiff image 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. COMPUTER DELIVERABLES
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 CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
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 authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
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 contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
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infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work 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.
23. 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 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 his /her 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.
24. 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 paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The 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
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persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
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.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant 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. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Robert Stein, P. E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3322
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: John Minchin
Dudek & Associates, Inc.
605 Third Street
Encinitas, CA 92024
Phone: 760 -479 -4279
Fax: 760 - 942 -9976
28, TERMINATION
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, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
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termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which 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. 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. 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.
31. 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.
32. 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.
33. 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.
34. 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.
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35. 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.
36. 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 of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Aaron C. Harp
Assistant City Attorney
City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
John Heffernan, Mayor
for the City of Newport Beach
CONSULTANT:
By:
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — 2005 Schedule of Billing Rates
F : \USERS\PBMShared\Agreements \FY 05 -06 \Dudek -Buck Gully Wetlands C- 3778.doo
13
Engineering, Planning,
EnVironmen(al Sciences and
8 ASSOCIATES. INC.
Management Services
June 16, 2005
Robert Stein
Principal Civil Engineer, Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
corporate Office:
605 Third Street 750.9425147
Encinitas, Ceiilornia 92024 Fax 760.632.0154
205091 -300
Subject: Revised Project Proposal for Environmental and Engineering Services
for the Buck Gully Erosion Control Project, City of Newport Beach,
California
Dear Mr. Stein:
Dudek & Associates, Inc. (Dudek) is pleased to submit this revised project proposal for
environmental and engineering services related to the Buck Gully Erosion Control Project in the
City of Newport Beach. This revised proposal is based upon the modified project that we
discussed at our site meeting with you on June 1, 2005, and your subsequent direction provided
in your Scope of Work (SOW) write -up and sketch dated June 3, 2005. The proposed scope of
work is now refocused on and limited to the storm drain outfall suid road crossing location at the
bottom of Buck Gully, at the end of the canyon access road, below Poppy Avenue & 51h Avenue.
It is our understanding that the project will now focus on improving the drainage facilities in that
location, repairing erosion damage, removing sediment accumulation and developing a water
quality treatment basin area at the confluence of the main creek and the side drainage coming
from the outfall pipe, so that the area can be rehabilitated to provide improved water quality for
downstream resources.
The goal of the project will be to improve the creek and side drainage, while demonstrating both
engineering and revegetation treatments to the State Water Resources Control Board (SWRCB)
and the public, with the goal to help improve water quality in the creek in that location. The
project would be designed to address the intent of the SWRCB water quality treatment grant. It
is our understanding that the city has received preliminary direction from SWRCB, that doing
work in one location of the creek may satisfy the grant requirements. This current proposal is
based upon that assumption. If the scope of the project expands then this scope of work and
costs would need to be modified accordingly.
Mr. Robert Stein
Re: Revised Project Proposal for Environmental and Engineering Services for the Buck Gully
Erosion Control Project, City of Newport Beach, California
The services outlined in this proposal include attending a meeting with the local Regional Water
Quality Control Board (RWQCB) staff; preparation of preliminary plans showing the proposed
engineering creek bank stabilization measures and drainage improvements; preparation of a
preliminary plan showing the modification of wetland areas with proposed revegetation
treatments and enhancement measures including removal of exotic species and planting of new
wetland native species; preparation of a conceptual wetland mitigation and monitoring plan
(report); preparation of a Categorical Exemption; permitting coordination and processing with
the resource agencies; preparation of construction documents for the construction of the
drainage /creek improvements; preparation of construction documents for the wetland
mitigation/revegetation areas; and preparation of a QAPP monitoring plan. While you did not
specifically request it in your SOW, we have decided to include the preparation of the conceptual
plan because we believe it will be required as part of the permit processing. We have also
included in this scope of work construction monitoring during installation to help monitor the
project for QAPP compliance.
This current proposal includes the scope of work and costs associated with the design, permitting
and monitoring work only. We have not included the actual scope or cost for the construction
work in this proposal, since the full scope of the necessary construction work is not known at this
time, and won't be known until the construction documents are completed. Since the proposed
work includes more than just revegetation work, it is impossible for us to provide any sort of
accurate cost for the full scope of the anticipated construction work at this time. It is assumed
that once construction documents are prepared then bids can be solicited from a contractor,
and/or contractors, for installing all of the required improvements. Our subsidiary landscape
contracting and maintenance company, Habitat Restoration Sciences, Inc. (HRS), can provide a
bid proposal to you at that time for some of the grading work and the revegetation work if
desired. However, the civil engineering construction work for the drainage improvements,
including the rip /rap placement, etc., which will be needed to address the construction of the new
drainage improvements, will likely need to be bid on by a separate contractor, once the
engineering construction documents are completed.
We understand that you would like us to utilize the Categorical Exemption procedure for this
project for CEQA compliance. Utilizing this approach assumes that minimal to no environmental
impacts would be incurred by this project and that the resource agency permitting would be
simple, assuming that the resource agency staff agree with this approach. If additional CEQA
analysis, review and processing, beyond the Categorical Exemption process, become necessary,
then our scope and costs would need to be modified accordingly to address the necessary
additional work.
205091 -300
A ASSOCIATES, INC. 6/16105 2
Mr. Robert Stein
Re: Revised Project Proposal for Environmental and Engineering Services for the Buck Gully
Erosion Control Project, City of Newport Beach, California
This proposal also assumes that the necessary work will be located in jurisdictional waters under
regulatory authority of the U.S. Army Corps of Engineers (ACOE), the Regional Water Quality
Control Board (RWQCB), and the California Department of Fish and Game (CDFG), and that
the permitting would be handled in the most streamlined procedure available, assuming a
Nationwide Permit with ACOE, a streambed alteration agreement with CDFG and 401 water
quality permit with RWQCB. If more involved individual permits become necessary, then the
scope of work and costs would need to be expanded accordingly. We assume that the affected
wetland areas may include minor impacts to open water, freshwater marsh and southern arroyo
willow riparian forest A wetland delineation will need to be prepared as part of the permitting
work, to help establish the limits of the wetlands, so that accurate impact assessments can be
made. This is usually a requirement of the permitting agencies.
It is also envisioned that the proposed creek improvements and associated construction access
work, may have some indirect affect on upland coastal sage scrub resources that may require
additional permitting coordination with the City and the wildlife agencies, due to the potential
effect on the coastal California gnatcatcher (Poliioptila californica californica). This proposal
assumes that we would simply utilize time of year so that construction work would not occur
during the breeding season, thus avoiding indirect impacts to this species, such as from noise
during construction. As you know, Dudek is already under separate contract to provide the
biological resources surveys for sensitive/endangered species in this vicinity, so we will have
additional information in the near future with which to make further decisions on pertinent
restrictions and/or additional potential permitting requirements. If more involved permitting
with the resource agencies including, the U.S. Fish & Wildlife Service, become necessary, then
the scope of work and costs would need to be adjusted accordingly to address this additional
work.
Finally, this proposal also includes biological QAPP monitoring services to assess and monitor
the installation and implementation of this project during its construction and throughout the
initial 120 -day plant establishment/maintenance period for the revegetation areas. We assume
that the City will separately hire a contractor and/or contractors to implement the actual
construction and maintenance work involved in this project.
A detailed breakdown of the proposed services and costs is provided herein in Exhibits A & B.
Please feel free to call me at (760) 479 -4279, or Tom Larson at Dudek's Orange office at (714)
998 -8330, if you have specific technical questions regarding this proposal.
rTj pt r! r; 205091 -300
6i tMOCIATES, INC. 6116105 3
K,( —wlT Iwo ^DIm P —...
Mr. Robert Stein
Re: Revised Project Proposal for Environmental and Engineering Services for the Buck Gully
Erosion Control Project, City of Newport Beach, California
Thank you again for the opportunity to resubmit a proposal for this work and we look forward to
continuing to work with the City on the planning and implementation of this project.
Very truly yours,
DUDEK & ASSOCIATES, INC.
1� i .1A�,�A-
John L. Minchin
Habitat Restoration Specialist/
Landscape Architect #2225
An.: Exhibits A & B
cc: David Fleitner, Dudek & Associates, Inc.
Mvloc Nguyen. Dudek & Associates. Inc.
Tom Larson, Dudek & Associates, Inc. (Orange)
Russ Berghoh, Dudek & associates, Inc.
Mark Girard, HRS
205091 -300
I& ASSOCIATES, INC. 6116105 4
EXHIBIT A
SCOPE OF WORK
Environmental and Engineering Services for the Buck Gully Erosion Control Project
City of Newport Beach, California
Revised Proposal
June 16, 2005
The following detailed task descriptions are provided to further outline Dudek's proposed
services for the Buck Gully erosion control project.
Task 1: Regional Water Quality Control Board Coordination and Meeting
Dudek will attend a site meeting with RWQCB staff to review the scope of work and to discuss
permitting requirements for the project. Dudek will also coordinate with the City and RWQCB
during design development to coordinate the RWQCB permitting and review of the proposed
project.
Task 2: Preliminary Plan Preparation
Dudek will prepare preliminary plans to address the intended design for the engineering
improvements and habitat restoration/revegetation components of the project. This will include
an overall preliminary site plan showing existing conditions and proposed improvements.
Preliminary sections and/or details describing the proposed improvements will be included. The
plan and accompanying sections and/or details will address creek bank stabilization,
improvements to the existing drainage structures and creek road crossing, the creation of
expanded wetland areas for increased retention and water quality treatment, the proposed habitat
enhancement to remove exotic species from the wetland areas and the replanting of the
disturbed/invaded areas and expanded wetland areas with appropriate native species. The
preliminary plans will be drawings only and will not include a report document. A separate
conceptual wetland mitigation and monitoring plan (report) document will be prepared as
addressed in Task 3, to help facilitate the permitting process and to outline the proposed work
and installation/monitoring requirements.
Task 3: Conceptual Wetland Mitigation and Monitoring Plan
Dudek will prepare a conceptual wetlands revegetation and monitoring plan report in accordance
with the requirements of the resource agencies including, the U.S. Army Corps of Engineers
(ACOE), the Regional Water Quality Control Board ( RWQCB), and the Calif. Dept. of Fish &
Game (CDFG). The conceptual wetlands revegetation and monitoring plan will consist of written
205091 -300
6i ASSOCIATES, INC. 6116/05 1
h01-u I.-1w C-y N-.
EXHIBIT A
SCOPE OF WORK
Environmental and Engineering Services for the Buck Gully Erosion Control Project
City of Newport Beach, California
Revised Proposal
June 16, 2005
text, with supportive maps and graphics that will adequately explain and outline the proposed
creek improvements and revegetation program. This document will be prepared as a stand alone
document in written report format, acceptable to the resource agencies. The plan will describe
specific methods of creek bank stabilization, habitat revegetation, including wetland creation and
enhancement, upland revegetation if required, required wetland grading, proposed planting and
irrigation installation methods, maintenance requirements, performance criteria and specific
guidelines for the maintenance and monitoring of the program.
This task will address the onsite revegetation area associated with the creek /drainage
improvements in Buck Gully only. The work does not include the identification, or planning for,
any off -site revegetation or mitigation areas if they become necessary. This scope of work
assumes that all required revegetation work can be accomplished on -site, within disturbed upland
portions of Buck Gully. If, however, offsite work becomes necessary, then this work would be
handled as an additional service with the City, once the full scope of that offsite work becomes
known.
The conceptual wetlands revegetation and monitoring plan will be prepared under the direction
of Dudek's landscape architect and habitat restoration specialist John NUnchin. Dudek would
process the plan for review and approval by the City and the resource agencies, as part of the
permit processing work. Final copies of the approved report would be provided to the City for
submittal to the SWRCB. Typically the conceptual wetlands revegetation and monitoring plan is
submitted to the resource agencies as part of the wetland permitting documentation and will help
fulfill the permit requirements.
Task 4: Categorical Exemption
Based on our understanding of the Buck Gully Erosion Control Project and the City's direction,
we understand that the City desires to use a Categorical Exemption for this project, in order to
satisfy the CEQA requirements. Dudek will prepare the necessary Categorical Exemption forms
and supportive documents and will submit them to the resource agencies for review. If an
expanded CEQA analysis becomes necessary, then the scope and costs will need to be adjusted
accordingly.
! f�777-7( r F 77 7F 205091300
& ASSOCL4TES, INC. 6116/05 2
V.ye,earol Tearvfo,CwnWu P.uleer.
EXHIBIT A
SCOPE OF WORK
Environmental and Engineering Services for the Buck Gully Erosion Control Project
City of Newport Beach, California
Revised Proposal
June 16, 2005
Task 5: Regulatory Agency Permitting
This scope of work and cost estimate assumes that the project will impact wetlands onsite and
that these impacts would qualify for a Nationwide Permit from ACOE, rather than individual
permit. The City may decide to avoid any wetlands impacts, and the need for this permitting
process. If wetlands impacts are anticipated, this scope also assumes that the City will prepare
and/or provide other required documents, such as a Storm Water Pollution Prevention Program
(SWPPP), Standard Urban Storm Water Mitigation Plan, Water Quality Technical Report, or
Best Management Practices (BMPs) that may be required by the regulatory agencies to satisfy
water quality regulations. Regulatory agency fees for permit processing are to be paid by the
City.
Sub -Task 5a: Section 404 Nationwide Permit
Dudek will complete and submit a pre - construction notification (PCN) under a Nationwide
Permit to the ACOE in compliance with Section 404 of the federal Clean Water Act. The PCN
will comply with the appropriate General Permit Conditions for that Nationwide Permit and will
include project description, a wetlands delineation, quantification of wetland impacts, mitigation
plan, and all associated figures (vicinity maps, project site map, construction/grading cross -
sections, mitigation area, etc.) and copies of the wetlands permit applications will be submitted
to RWQCB and CDFG.
Dudek will coordinate with the ACOE following the submission of the application. This task
includes up to two meetings with ACOE staff and one possible revisit to the project site.
Sub -Task 5b: Section 401 Water Quality Certification Application
Dudek will complete and submit an application for a Section 401 Water Quality Certification to
the RWQCB. The application will include a project description, wetlands delineation, project
impacts to jurisdictional waters, a mitigation plan, and discussions of the regional context of the
project, biological resources, water quality impacts and measures to maintain existing water
quality, and beneficial uses and impacts to these uses. All associated figures (vicinity maps,
project site map, construction/grading cross - sections, mitigation area, etc.) and copies of the
wetlands permit applications will be submitted to the ACOE and the CDFG.
� l; � F (. 1 �, r'" -R;-if 205091 -300
6� ASSOCIATES, INC. 6/16/05 3
YmI��^^a I Tmv (o. CmmDb P.gecu
EXHIBIT A
SCOPE OF WORK
Environmental and Engineering Services for the Buck Gully Erosion Control Project
City of Newport Beach, California
Revised Proposal
June 16, 2005
Dudek will coordinate with RWQCB staff following the submission of the application. This task
will include up to two meetings with RWQCB staff and one possible revisit to the project site.
Sub -Task 5c: Section 1602 Streambed Alteration Agreement
Dudek will submit to the CDFG an application for a Section 1602 Streambed Alteration
Agreement. The application will include a project description, wetlands delineation, mitigation
plan, and discussion of the nature of the impacts to streams or lakes, sensitive plant and wildlife
species, and impacts to water quality. All associated figures (vicinity maps, project site map,
construction/grading cross - sections, mitigation area, etc.) and copies of the wetlands permit
applications will be submitted to the RWQCB and ACOE.
Dudek will coordinate with the CDFG staff, this will include up to two meetings with CDFG
staff and one possible revisit to the project site.
Task 6: Engineering and Revegetation Construction Documents
Dudek will prepare a set of engineering and revegetation construction documents (i.e. plans, details
and specifications) in plan format (i.e. 24" x 36" d -sheet format), to implement the intent of the
engineering and restoration program outlined in the preliminary plans and conceptual mitigation
plan. The construction documents would be prepared under the direction of Dudek's landscape
architect and habitat restoration specialist John Minchin, and Dudek's Engineer Russ Bergholz,
to meet the City of Newport Beach standards and guidelines and would be processed by Dudek
for plan check review and approval by the City and the resource agencies.
The construction documents will include a Cover Sheet/Title Sheet, Drainage and Site
Improvement Plans, Grading Plans, Construction Details, Irrigation Plans, Irrigation Legend and
Detail Sheets, Planting Plans, Planting Legend and Detail Sheets, and Construction.
Specifications in plan/sheet format. Dudek will provide five sets of prints of the engineering and
revegetation construction documents, at both an assumed 90 %, as well as final submittal stages.
One final set of duplicate originals (i.e. reproducible drawings) will also be provided to the City
at completion of the design phase.
205091.300
n• j
& ASSOCIATES, INC. 6116105 4
�+M•�� �.�Iwca..q�rAneu
EXHIBIT A
SCOPE OF WORK
Environmental and Engineering Services for the Buck Gully Erosion Control Project
City of Newport Beach, California
Revised Proposal
June 16, 2005
As part of the engineering design, Dudek engineers will evaluate the existing hydrology
information available for the Buck Gully, provided by the City of Newport Beach. This will
include research of project files and review of previous research done in the immediate area
addressing storm water flow. DUDEK will evaluate the approximate anticipated flows within
the study area that affect the proposed project, and will evaluate the effect they will have on the
overall Buck Gully drainage. Dudek engineers will assist Dudek restoration specialists with
determination of appropriate grade elevations for the revegetated wetland areas. Dudek engineers
and landscape architects will prepare wetland grading plans for the revegetation areas. A formal
hydrology study will not be provided. If this becomes necessary, then this would need to be
provided as an additional service.
Task 7: Preparation of a QAPP Plan
Dudek will prepare a Quality Assurance Protection Plan (QAPP), per the requirements of the
City of Newport Beach. The plan will address all environmental protection requirements and
monitoring and reporting requirements necessary to assure the installation progresses as intended
and is accomplished to the City standards. The plan will outline the various reporting and
monitoring requirements to be implemented during the installation phase of the project.
Task 8: Biological QAPP Construction Monitoring
Dudek will provide QAPP construction monitoring to assure that the intent of the plans and
specifications, as described in the engineering and revegetation construction documents, are
implemented properly by the contractor and in compliance with the City's QAPP requirements.
It is assumed that actual construction work will be perforated by a separate contractor hired
under separate contract, directly by the City. The scope of work and fees for the contractor will
be solicited separately by the City, once the construction documents are completed.
The biological QAPP construction monitoring is assumed to include a pre - construction site visit
with the City and the contractor, periodic monitoring of construction milestones, and regular
monitoring during the 120 -day plant establishment/maintenance period. Long -term biological
monitoring to assure that the project meets any specific performance standards andlor success
� kTY_7 k1 -ter /( 205091 -300
A ASSOCL4T -ES. INC. 6/16/05 5
HMemwnl Tmu (a. C..rlm Nvleru
EXHIBIT A
SCOPE OF WORK
Environmental and Engineering Services for the Buck Gully Erosion Control Project
City of Newport Beach, California
Revised Proposal
June 16, 2005
criteria is not included in this current scope of work, and it is assumed that this would be
contracted for at a later date, once the full scope of the long —term monitoring program has been
determined.
Dudek will conduct a pre- construction "kick -off' site visit to assess site conditions, delineate the
project limits and existing native vegetation within the project boundaries that is to be preserved,
establish the revegetation area boundaries, establish construction staging areas, discuss irrigation
provisions and water connections, coordinate equipment access issues, and verify that all site
protection requirements are being abided by the contractor. Dudek will document the pre -
construction meeting in a site observation report.
Dudek will conduct periodic monitoring visits during the construction process to review
protective fencing, site preparation, grading and drainage improvements, creek bank
stabilization, weed removal, soil preparation, irrigation system installation, container plant and
seed installation, and any other items specified in the final construction documents. This scope
of work assumes that twelve site visits will be conducted during this phase of the project,
including attendance at the pre - construction "kick -off' meeting, periodic milestone site visits
during key installation phases, and a final installation walk - through with the contractor and City
at the end of the installation phase.
Dudek will prepare site observation reports after each site visit documenting the status of the
installation and outlining items needing attention by the contractor. Dudek will fax copies of the
site observation reports to the City immediately upon completion and will keep the City
informed of key issues and coordination items via phone as they arise.
Dudek will monitor site conditions, plant establishment growth and the status of maintenance
work once monthly throughout the 120 -day post - construction plant establishment/maintenance
period (four visits). Dudek will prepare a site observation report after each visit, and will discuss
any observed or anticipated problems and possible remedial corrective actions with the City and
the contractor for resolution.
- -'� r r "�; r ". 205091 -30D
I' . ,!
6: ASSOCIATES, INC. 6116105 6
EXHIBIT A
Environmental and Engineering Services for the Buck Gully Erosion Control Project
City of Newport Beach, California
Revised Proposal
June 16, 2005
Upon completion of the 120 -day plant establishment/maintenance period, Dudek will prepare a
final letter report summarizing the monitoring observations made during the project installation
and plant establishment periods. This letter will also formally acknowledge the start of the long-
term maintenance and monitoring period, which is assumed to be a five -year period, for
compliance with resource agency permits. Any variations of the installation from the
construction documents will be noted and the reasons for the changes will be documented.
Any extension in the duration of the installation and/or increased frequency of monitoring visits
requested by the City would be considered an additional service, to be negotiated accordingly
with the City.
Task 9: Project Management Coordination & City Liaison
Overall Dudek project management and City coordination will be performed by Tom Larson, out
of Dudek's Orange County office. Individual task management responsibilities will be assigned
by Mr. Larson utilizing staff out of Dudek's Encinitas Corporate office, accordingly. It is
currently envisioned that Myloc Ngyen will provide the CEQA/Categorical Exemption work,
Russ Bergholtz will provide the engineering design oversight and John Minchin will provide the
habitat restoration design and monitoring services coordination.
205091 -300
6, ASSOCIATES, INC. 6116/05 7
DUDEK & ASSOCIATES, INC. Exhibit B
2005 STANDARD SCHEDULE OF CHARGES
Engineering Services
Project Director .... ...............................
$175.00/hr
Program Manager .......... .....................$165.00
/hr
Principal Engineer II ....... .....................$155.00
/hr
Principal Engineer I ........ .....................$145.00/hr
/hr
Senior Project Manager . .....................$135.00
/hr
Project Manager ............. .....................$125.00
/hr
Resident Engineer ......... .....................$120.00
/hr
Senior Engineer II .......... .....................$115.00/hr
$80.00 1hr
Senior Engineer I .......... .....................$105.001hr
Construction Engineer ... .....................$105.00
Project Engineer II .......... ......................$95.00
/hr
Project Engineer I ............ ......................$90.00
/hr
Field Engineer II .............. ......................$95.00
/hr
Field Engineer I ............... ......................$80.00
/hr
Engineering Assistant ..... ......................$65.00
/hr
Environmental Services
Principal ............ ...............................
Senior Project Manager /Specialist...
Environmental Specialist/Planner VI
Environmental Specialist/Planner V.
Environmental Specialist/Planner IV
Environmental Specialist/Planner III
Environmental Specialist/Planner II .
Environmental Specialist/Planner I..
Analyst.............. ...............................
$175.00/hr
$150.00 /hr
$140.00 /hr
$130.00 /hr
$120.00 /hr
$110.00/h r
$100.00 /hr
.. $90.00 /hr
..$75.00/hr
Urban and Community Forestry
Principal /Senior Consulting Arborist ...$175.00/hr
Senior Project Manager ....................$150.00
/hr
Urban Forestry Specialist V ................$130.00
/hr
Urban Forestry Specialist IV ...............$120.00
/hr
Urban Forestry Specialist III ................$110.00
/hr
Urban Forestry Specialist II .................$100.00
/hr
Urban Forestry Specialist I ....................$90.00
/hr
Research Analyst ............ ......................$65.00
/hr
Construction Management Services
Principal/Manager .......... .....................$175.00/hr
$155.001hr
Senior Construction Manager ............$150.00
$120.00 /hr
/hr
Construction Manager. ........................
$135.00/hr
$75.00 1hr
Senior Project Manager . .....................$135.00/hr
$80.00 /hr
Collections System Manager .................$80.00
Project Manager ............. .....................$125.00
Grade V Operator ..... ...............................
/hr
Resident Engineer ....... .....................$120.00
$80.00 1hr
/hr
Construction Engineer ... .....................$105.00
Grade II Operator ...... ...............................
/hr
On -site Owner's Representative ...........
$95.00
/hr
Construction Inspector III ......................$95.00
Collection Maintenance Worker II............
/hr
Construction Inspector 11 . ......................$90.00
$34.00 /hr
/hr
Construction Inspector I .. ......................$85.00
/hr
Hydrogeoiogical Services
Principal .................. ............................... $175.001hr
Sr. Hydrogeologist /Sr. Project Manager $150.001hr
Associate Hydrogeoiogist/Engineer....... $115.001hr
Hydrogeologist IV /Engineer IV .............. $110.001hr
Hydrogeologist III /Engineer III ................. $95.00/hr
Hydrogeologist Il /Engineer 11 ................... $85.001hr
Hydrogeologist I /Engineer I ..................... $75.001hr
Technician ................ ............................... $65.001hr
District Management & Operations
District General Manager .......................
$155.001hr
District Engineer ..... ...............................
$120.00 /hr
District Manager ..... ...............................
$130.00 1hr
District Manager Assistant .......................
$75.00 1hr
District Secretary /Account ......................
$80.00 /hr
Collections System Manager .................$80.00
/hr
Grade V Operator ..... ...............................
$95.00 1hr
Grade IV Operator .... ...............................
$80.00 1hr
Grade III Operator ..... ...............................
$70.00 1hr
Grade II Operator ...... ...............................
$60.00 1hr
Grade I Operator ....... ...............................
$57.00 /hr
Operator in Training .. ...............................
$47.00 1hr
Collection Maintenance Worker II............
$45.00 1hr
Collection Maintenance Worker I .............
$34.00 /hr
Office Services
Technical /Drafting /CADD Services
3D Graphic Artist .... ...............................
$125.001hr
Senior Designer ........ ...............................
$95.00 1hr
Designer ................... ...............................
$85.00 1hr
GIS Specialist IV ..... ...............................
$100.00 1hr
GIS Specialist III ....... ...............................
$95.00 1hr
GIS Specialist II ........ ...............................
$85.00 1hr
GIS Specialist I ......... ...............................
$80.00 1hr
CADD Operator 11 ..... ...............................
$80.00 1hr
CADD Operator I ...... ...............................
$70.00 1hr
Support Services
Computer Processing .............................. $65.00/hr
Clerical Administration ............................. $60.00 1hr
Forensic Engineering - Court appearances, depositions, and interrogatories as
expert witnesswill be billed at 1.75 times normal rates.
Emergency and Holidays- Minimum charge of two hours will be billed at 1.5
times the normal rate.
Material and Outside Services - subcontractors. rental of special equipment.
special reproductions and blueprinting. outside data processing and computer
services, etc., are charged at 1.15 times the direct cost.
Travel Expenses - Mileage a: 40.5 cents per mile. Per diem where overnight
stay is involved is charged at cost
Invoices, Late Charges. - All fees will be billed to Client monthly and shall be
due and payable upon receipt. Invoices are delinquent if not paid within thirty (30)
days from the date of me invoice. Client agrees to pay a monthly late charge
equal to one percent (I%) per month of the outstanding balance until paid in full.
Effective January, 1, 2005
EXHIBIT B
COST ESTIMATE
Environmental and Engineering Services for the Buck Gully Erosion Control Project
City of Newport Beach, California
Revised Proposal
June 16, 2005
The following costs, broken down by task, further outline Dudek's proposed costs for the
services necessary for the Buck Gully erosion control project.
Task 1 Regional Water Quality Control Board Coordination
The estimated labor cost for this task is ........................ ............................... ......................$1,500.00
Task 2 Preliminary Plan Preparation
The estimated labor cost for this task is ....................... ............................... ......................$6,500.00
Task 3 Conceptual Wetlands Mitigation and Monitoring Plan
The estimated labor cost for this task is ....................... ............................... ......................$4,500.00
Task 4 Categorical Exemption
The estimated labor cost for this task is ....................... ............................... ......................$2,500.00
Task 5 Resource Agency Permitting
The estimated labor cost for this task is ...................... ............................... .....................$12,000.00
Task 6 Engineering and Revegetation Construction Documents
The estimated labor cost for this task is ....................... ............................... .....................$17,500.00
Task 7 Preparation of a QAPP Plan
The estimated labor cost for this task is ....................... ............................... ......................$2,500.00
Task 8 Biological QAPP Construction Monitoring
The estimated labor cost for this task is ....................... ............................... ......................$8,500.00
Task 9 Project Management Coordination & City Liason
The estimated cost for this task is ................................. ............................... ......................$2,500.00
TOTAL ESTIMATED COSTS .......................................... ............................... $58,000.00
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1&ASS0CLkTESJNC.1 6/16/05 1
1'roleuvul 1. -for C-A. N..-
EXHIBIT B
COST ESTIMATE
Environmental and Engineering Services for the Buck Gully Erosion Control Project
City of Newport Beach, California
Revised Proposal
June 16, 2005
All work performed by Dudek will be billed on a time - and - materials basis, according to Dudek's
2005 Standard Schedule of Charges. Total Dudek labor costs for this scope of work are not to
exceed $58,000.00. Direct/reimbursable charges, such as printing and reprographics, mileage for
site visits, delivery charges, and other miscellaneous reimbursable charges, will be billed at cost
plus 15 % markup and are anticipated to be approximately $2,000.00.
The total Dudek contract amount for the described scope of work, including direct/reimbursable
costs, would be $60,000.00. All services would be billed monthly on a time and materials basis,
per Dudek's 2005 Standard Schedule of Charges, not to exceed this amount, for the services
described. All additional services would be billed at a time and materials basis in addition to this
amount, based upon approval by the City of Newport Beach.
& ASSOCIATES, INC. 6/16/05
Y.e(urwalT (v. CanOlnµure,rr
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