HomeMy WebLinkAbout08 - Newport Bay Water Management Plan - Approval of PSACITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. A
December 11, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein
949 -644 -3322 or rstein@city.newport- beach.ca.us
SUBJECT: NEWPORT BAY WATER MANAGEMENT PLAN - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH DUDEK
RECOMMENDATION:
Approve a Professional Services Agreement with Dudek, of Irvine, California, for
professional services in assisting with the preparation of a water management plan
at a not to exceed price of $174,400 and authorize the Mayor and City Clerk to
execute the Agreement.
DISCUSSION:
In order to apply for Proposition 84 grant funding in 2008, an Integrated Regional Water
Management Plan must be prepared for the Newport Bay Watershed. In anticipation of
Prop. 84 grant funding, staff applied for a Prop. 50 grant in 2006 to fund the preparation
of the Water Management Plan. The City s grant application was approved and the
City was awarded $487,000 from the State of California Department of Water
Resources. City matching funds totaled $93,000.
For practical reasons, staff split the.Water Management Plan into two broad tasks:
The first task is the preparation of a Harbor Area Management Plan (HAMP),
which is a planning document primarily focused on preparing a work plan to meet
the challenges confronting the City in Lower Newport Bay as well as the upper
bay. This task is underway under a separate contract with Harbor Resources
Manager Tom Rossmiller and our consultant Larry Paul as the leads for the City.
About 50% of these Prop. 50 funds were encumbered for the HAMP. The HAMP
includes the following elements:
a. California Department of Fish and Game Preliminary Management Plan
b. Upper Bay Sediment Control Plan
c. Hydrodynamic and Water Quality Numerical Modeling Requirements
d. Eelgrass Capacity Recommendations
Newport Bay Watershed Plan — Approval of Professional Services Agreement with Dudek
December 11, 2007
Page 2
e. Contaminated Sediment Study
f. Dredging Requirements Study
g. Harbor Channel and Pierhead Lines Study
h. Water Quality Best Management Practices Report
i. Regional General Permits
j. Beach Replenishment Projects
k. Priority Project Funding Report
I. Harbor Area Management Plan
The second task, which is the subject of this Council Memo, is the preparation of
the Water Management Plan for the Newport Bay Watershed, which is the umbrella
plan to prioritize projects and programs to accomplish beneficial use goals for Newport
Bay and the upper watershed (primarily those areas that are drained by San Diego
Creek and Santa Ana Delhi Channel). The HAMP is a subset of this Water
Management Plan. In cooperation with the County of Orange, watershed -wide projects
regarding water quality, habitat protection, water supply and flood control are being
identified. A Plan and a Master Schedule will be prepared to show the correct
prioritization and sequencing of projects. For instance, the stabilization of Serrano
Creek must be shown as a top priority for implementation to reduce dredging
requirements for the Bay. The goal for the preparation of this Water Management Plan
is to position the Newport Bay Watershed stakeholders to make a Prop. 84 request next
spring in the range of $25 to 35 million. Potential Newport Beach projects that would be
proposed for funding include for Big Canyon Creek Restoration, Santa Ana -Delhi
Channel Slope Repair, Marina Park boat maintenance area runoff collection system,
and an expanded watershed education program at Corona del Mar and Newport Harbor
High Schools, as well as potential park creation, slope repair and habitat restoration
projects along West Bay. and East Bluff.
For this second task, the City previously contracted with Connective Issues to lead the
effort to produce the concept for the Water Management Plan. After an exhausting
series of meetings with the civic, environmental and other stakeholder groups, a
comprehensive outline has been produced and Connective Issues is writing the Water
Management Plan.
Along with the Water Management Plan write -up, a significant effort is needed to
prepare project descriptions, maps, figures, schedules, and concept level cost
estimates for the 200 plus projects that have been identified. Under the proposed
professional services agreement, Dudek will be charged with performing all these tasks
and working with the other team members to pull the water management plan together.
Dudek is ideally and uniquely suited for these tasks as it previously. prepared the 'Phase
1' Water Management Plan under contract with IRWD. The Phase 1 plan, submitted
August 1, 2007, was biased toward ASBS protection projects to be eligible for
Proposition 50 (Round 2) funding. Under the previously prepared Phase 1 plan, Dudek
attended stakeholder meetings, assembled the project list, prepared the plan and
prepared the preliminary grant applications.
Newport Bay Watershed Plan — Approval of Professional Services Agreement with Dudek
December 11, 2007
Page 3
As a side note on the Prop. 50 grant funding, there are 13 proposed projects proposed
for funding under Prop. 50 with a total grant request of $10 million. Notable project
funding requests include Bay Dredging ($2 million), Copper Reduction Pilot Projects
($250,000) Program and an extension of the successful Smartimer Irrigation Controller
program ($1 million). It should be noted that for the Prop. 50 grant program, there is a
50 percent match requirement which will be shared between the County, IRWD and the
City. The City's obligation is about $2 million. Most of this 'match' can be accomplished
by recognizing City spending on our CIP projects. For instance, if Council approves
construction of the Buck Gully Erosion Control project currently in design, the projected
construction cost of $1.5 million would be used as part of the City's match requirement.
While the Phase 1 Water Management Plan and our 'Final' Water Management Plan
are qualitatively different products, Dudek's recent Phase 1 experience, watershed
knowledge and working relationships with stakeholders are essential for completing a
draft Water Management Plan by the end of January 2008. This Final Water
Management Plan will be a much more robust plan with a more deliberate effort to
objectively identify watershed projects that accomplish the water supply, beneficial use,
and ecosystem objectives for the Newport Bay Watershed. Dudek will circulate the
draft Water Management Plan to local and state -level stakeholders and decision -
makers for review and track comments during the review period. If extensive revisions
are required after this review period, an amendment to Dudek's contract may be
required. Dudek's specified level of effort to produce the project descriptions, maps,
figures, schedules, and concept level cost estimates for the 200 plus projects for the
Water Management Plan is somewhat greater than originally anticipated back in 2006.
In order to fund Dudek's not -to -exceed fee of $174,400, funds totaling $68,830 will
used from the ASBS Assessment Project. (Surplus funds are available in this project
due to Weston Solutions efficient execution of its contract to prepare the Newport Coast
Watershed Management Plan.)
Environmental Review:
All tasks fall under the Information Gathering class of projects and are therefore
categorically exempt pursuant to CEQA Guidelines, Article 19, Section 15306.
Public Notice:
As the preparation of the Water Management Plan is a 'consensus' process, the
frequent meetings with stakeholders, e.g. local agencies, environmental groups, and
key business groups will continue.
Newport Bay Watershed Plan — Approval of Professional Services Agreement with Dudek
December 11, 2007
Page 4
Funding Availability:
Sufficient funds are available in the following account(s) for the project:
Account Description Account Number Amount
Upper Bay and Harbor Area Management Plan 7231- CO310929 $ 92,700
Upper Bay and Harbor Area Management Plan 7255- CO310929 12,870
ASBS Assessment (General Fund) 7014- C5100889 68,830
Total: $ 174,400
Prepared by:
Robert Stein, .E.
Assistant City Engineer
Submitted by:
Attachment: Professional Services Agreement
Badum
s Director
PROFESSIONAL SERVICES AGREEMENT WITH
DUDEK
FOR THE WATER MANAGEMENT PLAN FOR NEWPORT BAY WATERSHED
THIS AGREEMENT is made and entered into as of this day of December, 2007,
by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"),
and Dudek a California Corporation whose address is 111 Pacifica, Suite 230, Irvine,
California, 92618 ( "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 prepare a water management plan for the Newport Bay
Watershed.
C. City desires to engage Consultant to assist with a multitude of task for the
preparation of the water management plan. ( "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 William
Whittenberg. -
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:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31 day of December, 2008, 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 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 One Hundred Seventy -Four Thousand Four Hundred Dollars and
no /100 ($174,400) without prior written 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.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance. by City. Unless otherwise approved, such costs shall 'be
limited and include nothing more than the following costs incurred by
Consultant:
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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 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
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 William
Whittenberg 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.
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. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in 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, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultants
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,
volunteers 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
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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
the negligence, recklessness, or willful misconduct of the Consultant. or 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
sole negligence, 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 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. Coverage 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 (10 calendar days written notice of non-
payment of premium) 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
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:
L 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 (10 calendar days
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written notice of non - payment of premium) written notice has been
received by City.
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
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization 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
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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.
18. 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.
19. 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.
20. 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
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
21. 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.
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 constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
rE'
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.
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 bome by Consultant. Nothing in this paragraph 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
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
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.
26. NOTICES
All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Robert Stein
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Phone: 949 - 6443311
Fax: 949 - 6443318
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All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attn: William Whittenberg
Dudek
111 Pacifica, Suite 230
Irvine, CA 92618
Phone: 949-450-2525
Fax: 949-450-2626
27. 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, 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.
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
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.
28. 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.
29. 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.
11
30. 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.
31. 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.
32. 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.
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.
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.
12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APP OVED AS TO FO M:
O`er
City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Mayor
for the City of Newport Beach
CONSULTANT:
(Corporate Officer)
Title:
Print Name
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B —Schedule of Billing Rates
f: luserslpbwAsharedlagreementslfy 07- 081dudek- newport bay walershed.doc
13
DUDEK
111 PACIFICA. SUITE 230
IRVINE. CALIFORNIA 92618
T 949.450.2525 F 999.450 2626
November 16, 2007
Mr. Robert Stein, P.E.
Assistant City Engineer
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
Exhibit A
Subject: Proposal for Assistance with Central Orange County Integrated Regional and
Coastal Watershed Management Plan, Phase It, Step I and Step 11
Dear Bob:
It has been a pleasure to work with the City of Newport Beads (City) in developing and implementing
the initial stages of Phase II of Central Orange County Integrated Regional and Coastal Water
Management Plan (IRCWMP). Dudek is pleased to provide you with this proposal for continuing
assistance with the completion of Phase 11 of the IRCWMP. Per our conversation on September 6, the
work will be performed in two steps.
Step 1 will be completed within three basic tasks: (1) Preparation of GIS maps and graphics; (2) concept
development of subwatershed projects; and, (3) project management.
For Step II the work will be performed within six principal tasks: (1) Project Management,
Administration, and Communications. (2) Preparation of GIS Maps and Graphics; (3) Concept
Development of Study Area Projects; (4) Report Development and Preparation; (5) Report Editorial
Services; and, (6) Preparation of the Prop 84/ 1 E Appendix.
PROPOSED SCOPE OF WORK
Phase II, Step I
The tasks include the following scope of work and related fee:
I. GIS Mapping and Graphics. Dudek will prepare graphics and maps showing watershed or
subwatershed features and the location of proposed projects. Additionally, Dudek will prepare
tailored maps and graphics showing speck projects, locations and other information as appropriate
for the intended use of the document It is anticipated that this task will require approximately 70
hours for a GIS Specialist - $7,000.00
2. Subwatershed Programs. Dudek will assist with the formulation of project and program concepts,
development of order of magnitude costs, development of project and program options and other
specific program related program actions as directed by the City. It is anticipated that this task will
require about 80 hours of Principal Engineer or Senior Planner effort- $12,200.00
3. Project Management. Dudek will provide oversight and management of Tasks I & 2, attendance at
project related meetings and preparation of monthly activity reports. It is anticipated that this task
will require'approximately 32 hours for the Project Manager - $5,200.00
VVW W.DUOEY..COM
EXHIBIT A
Mr. Robert Stein
Subject; Proposal far Assistance with Central Orange County Integrated Regional and Coastal Watershed
Management Plan
All work will be performed at the direction of the City, and will be performed on a time and materials
basis. The total cost is estimated for Step I is $24,300.00. The proposed fee includes other direct
costs, such as mileage, reproduction and postage. This work was performed September 6, 2007 through
October 30, 2007
Phase II, Step 11
TASK 1 PROJECT MANAGEMENT, ADMINISTRATION, AND COMMUNICATION
Dudek will provide exceptional project management and establish communications that will ensure a
coordinated and informed approach throughout the IRCWMP Project.
Task 1.1 Progress and Project Related Meetings
Dudek will prepare for and participate in Progress and Planning meetings with the CITY staff to establish
progress and goals for the project team and the plan. Dudek will attend project related meetings such as
the Upper Newport Bay Restoration Team, the Newport Bay Sediment Workshop, Newport Bay
Executive Committee, and Stakeholders meetings. Dudek will also attend informational meetings
related to the grant planning and requirements for Proposition 84 and I E. We anticipate about 8
meetings will be attended.
Task 1.2 Administration and Communication
With the dynamic schedule of this project and the intensity of.some of the key work efforts, effective
communication will be critical. Dudek will be available for conference calls, meetings and other
communication events. This will ensure a coordinated approach, allows for frequent review of each
task deliverable, establishes the QAIQC process, and facilitates the project schedule. Dudek's Project
Manager will prepare and submit a Monthly Activity Report to CITY. The Monthly Activity Report will
identify activities accomplished in the previous month and identify activities anticipated for the next
month. The report will be submitted electronically for timeliness, and will be submitted concurrent with
Dudek's monthly invoice.
Dudek will also provide limited administrative support during the project. The support may include
electronic distribution of documents, preparation of copies of reports and other documents, phone
calls, etc.
Task 1.3 Establish Secure Project Website for Exchange of Information Dudek will establish a secure
IRCWMP Project FTP site for efficient exchange of information and large files throughout the duration
of the IRCWMP Project. The project FTP site will have secure access for authorized users, as approved
by CITY. The project FTP site will not be accessible to the public. The secure project website will be
used for the review of and comment on draft documents for the IRCWMP Plan and the grant
application; posting of information documents, presentations, and reports; storage of authorized access
list.
DUDEK 5791
2 November 16, 2007
Mr. Robert Stein
Subject: Proposal for Assistance with Central Orange County Integrated Regional and Coastal Watershed
Management Plan
It is estimated that this task will require approximately 144 hours for the above services. Additionally, it
is anticipated that draft documents will need to be reproduced. An allowance for $2,000 for
reproduction costs is included.
TASK 2 PREPARATION OF GIS MAPS AND GRAPHICS
Dudek will continue preparation of graphics and maps showing watershed or subwatershed features and
the location of proposed projects. Additionally, Dudek will prepare tailored maps and graphics showing
specific projects, locations and other information as appropriate for the intended use of the document.
It is anticipated that this task will require approximately 160 hours for GIS Specialists.
TASK 3 CONCEPT DEVELOPMENT OF STUDY AREA PROJECTS
Dudek will assist with the formulation of project concepts, development of order of magnitude costs,
development of project options and other specific project related actions as directed by the CITY.
Dudek will work with the CITY and its consultants to develop project prioritization criteria based upon
the criteria established in the Phase I Central Orange County IRCWMP. The criteria established will do
of the following:
• Ensure the projects are consistent with the IRCWMP Plan goals and objectives, and include at least
one of the water management strategies identified.
• Determine project readiness to proceed.
• Evaluate cost/benefit of submitted projects for purposes of recommending grant project funding.
• Evaluate integration of projects relating to water management strategies within the region.
• Evaluate consistency with statewide goals and objectives, program preferences and statewide
priorities.
• Ensure project proponents comply with eligibility requirements as identified in the IRWMP Program
Guidelines, including Urban Water Management Planning Act compliance and Groundwater
Management Plan compliance.
It is anticipated that this task will require about 364 hours of Principal Engineer and other
professional staff effort.
TASK 4 REPORT DEVELOPMENT AND PREPARATION
Dudek will assist with the development and preparation of the IRCWMP Plan. Dudek will prepare the
following sections of the Plan:
• Project Integradon
Prioritization
Appendices for
Northern Foothills
Southern Foothills
- Coastal Plain
- Urban Bay
DUDEK
Bay /Coastal
Coastal Canyons
Prioritization Analysis
5791
November 16.2007
Mr. Robert Stein
Subject Proposal for Assistance with Central Orange County Integrated Regional and Coastal Watershed
Management Plan
It is anticipated that this task will require about 357 hours of Principal Engineer and Professional Staff
effort
TASK S REPORT EDITORIAL SERVICES
Following the preparation of a full draft report, Dudek will provide editorial services. Our editorial
services include:
• Reviewing editorial requirements and issues with the team
• Recommending level of edit based on time available
• Developing technical report outlines and initial drafts
• Reviewing early drafts, flagging problems with organization, consistent tone, and style
• Reviewing existing drafts for copyediting issues, including spelling, grammar, punctuation, logic,
references, and clarity of figures and tables
• Checking for readable text, clear sentences, and consistent style
• Resolving editorial inconsistencies
• Reviewing for integration issues; smoothing writing styles
• Ensuring documents meet style guidelines
• Performing overall editorial quality checks.
It is anticipated that this task will require about 40 hours of Technical Editor services.
TASK 6 PREPARATION OF THE PROP 8411E APPENDIX (As Requested and Negotiated)
Dudek will prepare the Proposition 8411E Appendix Since the Prop 8411E Guidelines have not been
published by the State Department of Water Resources, the exact nature of the Appendix cannot be
determined at this time. Dudek will meet with CITY staff to discuss additional plan assistance services.
Dudek will provide a scope of work and fee proposal in accordance with the services requested.
Phase II Step II PROPOSED SCHEDULE
Critical timing of each task of this project and how the tasks integrate with each other is of central
importance to the success of the project. Dudek understands the unique nature of the project, the
members involved, the current status of the IRCWMP grant program and its potential to change. The
CITY and its team have developed a work schedule that targets completion of the draft Plan by January,
18, 2008. We have designed our level of effort to meet that'goal. Please see the attached schedule.
All work will be performed at the direction of the City, and will be performed on a time and materials
basis. According to the attached fee estimate, total estimated cost for Phase 11, Step 11 estimated to be
$150,100. The proposed fee includes other direct costs, such as mileage, reproduction and postage. In
anticipation of authorization of this additional work, Dudek will continue working on the plan in an
effort to meet the schedule.
DUDEK 5791
4 November 16, 2007
Mr. Robert Stein
Subject Proposal for Assistance with Central Orange County Integrated Regional and Coastal Watershed
Management Pion
The total estimated fee for Phase II Step I and Phase II Step If is estimated to be $174,400.
Respectfully,
William R. Whitten berg .. CEE
Principal Engineer
DUDEK 5791
5 November 16.2007
City of Newport Beach
Assistance with Central Orange County Integrated Regional and Coastal Watershed Management Plan
Phase II, Continuing Services
November, 2007
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City of Newport Beach
Assistance with Central Orange County Integrated Regional and Coastal Watershed Management Plan
Phase 11; ContimJing Support
Newmbar.
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'
Task 1 Project Management, Administration, and Communication
_- _
Task 1.1 Progress and Project Related Meetings
Task 1.2 Administration and Communication
Task 1.3 Establish Secure Project Webelte for Exchange of Information
Task 2 Preparation of GIS Maps and Graphics
Taak S Concept Development of Study Area Projects
Task 4 Report Development and Preparation
Task 4.1 Revision of Draft Report
...._ .... .......... .. ... ..... ...... .._.... ..
Task S Report Editorial Services
Task 6 Preparation of Prop 6411E Appendix (OPtionaq
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City of Newport Beach
Assistance with Central Orange County Integrated Regional and Coastal Watershed
Management Plan
Proposed Staff
Engineering Services Classification
BillWhittenberg ................................ ................................ ..................................................... Principal Engineer II
RussBergholtz ................................................................................... ............_.................. Senior Project Manager
SudathAlvis ................................ ............................................................................................ .... Senior Engineer II
NicolePeacock ............................................................. :........................................................................... Engineer II
Environmental Services Classification
Sherri Miller. ................................ .................................................................
Senior Project Manager /Specialist
Mike Komula. .............................................................
............................... Environmental Specialist/ Planner V
Shawn Shamlou. ..............................._ ........................................................
Environmental Specialist/Planner IV
Megan Enright. ...............................................................
_.......................... Environmental Specialist/Planner IV
Tricia Wotipka. ............................... _ .........................................................
Environmental Specialist/Planner III
David Flietner . ..............................................................
............................... Environmental Specialist/Planner II
LincolnHurlburt. ............................................................................................
............................... GIS Specialist 11
David Hochart . ..............................................................
............................... Environmental Specialist/Pknner
Stuart Fraser . .................................................................
............................... Environmental Specialist/Planner
Mark Doalson. ..................................................
.. ........... _............................. Environmental Specialist/Planner
KarenLopez ................................................... ...............................
Hydrogeologiical Services
Derek Reed
.....................Analyst
Classification
Senior Hydrogeologist/ Project Manager
D U D E K September 6, 2007
DUDEK
2007 STANDARD SCHEDULE OF CHARGES
Engineering Services
Project Director ...................... .....................$190.00
/hr
Program Manager ................. .....................$180.00
/hr
Principal Engineer II ............... .....................$170.00/hr
/hr
Principal Engineer ................ .....................$160.00/hr
/hr
Senior Project Manager .......... .....................$150.00
/hr
Project Manager ..................... .....................$135.00
/hr
Resident Engineer .................. .....................$130.00
/hr
Senior Engineer II ................... .....................$125.001hr
/hr
Senior Engineer I ................... .....................$120.00/hr
$80.00 /hr
Associate Engineer ............... .....................$115.00/hr
/hr
Project Engineer N ................ .....................$110.00
/hr
Project Engineer III ................. .....................$100.00
/hr
Project Engineer II ................... ......................$95.00
/hr
Project Engineer I .................... ......................$85.00
/hr
Reid Engineer II ..................... .....................$105.00
/hr
Field Engineer I ....................... ......................$95.00
/hr
Engineering Assistant .............. ......................$80.00
/hr
Right-of -Way Management Services
Principal ROW Manager
ROW Project Manager..
ROW Senior Engineer...,
ROW Engineer ...............
ROW Technician...........
ROW Research Analyst
Environmental Services
.$165.001hr
$135.00/hr
.$120.00mr
$110.001hr
3100.00 /hr
...$70.001hr
Principal ................................. .....................$200.00/hr
/hr
Senior Project Manager / Specialist ..............$185.00
/hr
Environmental SpecialisUPlanner VI ..........$160.00
/hr
Environmental SpecialisUPlanner V ............$140.00
/hr
Environmental SpecialistfPlanner IV ...........$130.00
/hr
Environmental SpecialisUPlanner III ............
$115.00/hr
Environmental SpecialistfPianner 11 .............$105.00/hr
/hr
Environmental Specialist/Planner I ................$95.00/hr
/hr
Analyst ........................... ..............................:
$80.00 /hr
Planning Research Assistant .. ......................$65.00
/hr
Construction Management Services
Principat/Manager .................. .....................$185.00/hr
/hr
Senior Construction Manager .....................$170.00
/hr
Senior Project Manager .......... .....................$150.00
/hr
Construction Manager ............ .....................$140.00
/hr
Project Manager ..................... .....................$135.00
/hr
Resident Engineer ................ .....................$130.00
/hr
Construction Engineer ............ .....................$125.00
/hr
On -site Owner's Representative .................$100.00
/hr
Construction Inspector III ....... .....................$115.00/hr
/hr
Construction Inspector It ........ .....................$105.00/hr
/hr
Construction Inspector I .......... ......................$95.00/hr
$50.00 /hr
Hydrogeological Services
Principal ................................. .....................$190.00/hr
/hr
Practice Manager ................... .....................$175.00
/hr
Senior Environmental Engineer ..................$175.00
/hr
Sr. Hydrogeologist/Sr. Proj Mgr ..................$160.00/hr
$85.001hr
Project Manager/Hydro .......... .....................$140.00/hr
/hr
Associate Hydrogeologist (Engineer............$125.00
/hr
Hydrogeologist IWEngineer IV ....................$115.00/hr
/hr
Hydrogeologist III/Engineer III .....................$105.00
/hr
Hydrogeologist II/Engineer II ... ......................$95.00
/hr
Exhibit B
Hydrogeologist I/Engineer I ..... ......................$85.00/hr
Technician ...................... ............................... $75.00 /hr
District Management & Operations
District General Manager .......... .....................$165.00
/hr
District Engineer .............. ...............................
$140.001hr
District Manager ....................... .....................$135.00/hr
$100.00/hr
District Secretary/Accountant ..........................
$85.001hr
Collections System Manager ... ......................$85.00
/hr
Grade V Operator ...................... .....................$100.00
/hr
Grade IV Operator ...................... ......................$85.00
/hr
Grade III Operator ..............
......$75.00/hr
Grade II Operator ....................... ......................
$63.00 /hr
Grade I Operator ........................ ......................$60.00
/hr
Operator in Training ................... ......................
$50.00 /hr
Collection Maintenance Worker IL ....................$48.00/hr
......................$60.00/hr
Collection Maintenance Worker I .....................$36.00/hr
Office Services
TechnicabVrafling/CADD Services
3D Graphic Artist ....................... .....................$130.00
/hr
Senior Designer .............. ................:..............
$115.00/hr
Designer.......................... ...............................
$100.00/hr
Assistant Designer ............ ...............................
$75.001hr
GIS Specialist IV ....................... .....................$130.00
/hr
GIS Specialist III ........................ .....................$115.00
/hr
GIS Specialist II .........................
.....................$105.00/hr
GIS Specialist I ...........................
......................$95.00/hr
CADD Operator II .............. ...............................
$90.001hr
CADD Operator I ........................
......................$80.00/hr
CADD Drafter .................... ...............................
$75.001hr
CADD Technician ...
......................$60.00/hr
Surveying Services (Coachella Valley)
Professional Land Surveyor ...... .....................$150.00 /hr
3 -Person Survey Crew .... ............................... $225.001hr
2 -Person Survey Crew .............. .....................$195.00 /hr
1 -Person Survey Crew .... ............................... $105.001hr
Survey Analyst ................ ............................... $105.001hr
Asst.Survey Analyst/CADD Mapper ................. $75.001hr
Support Services
Technical Editor .............. ............................... $105.00 /hr
Computer/Word Processing ....... ......................$75.00 /hr
Clerical Administration ............... ......................$65.00 /hr
Forensic Engineering—Court appearances, depositions. and Interrogatories as
e»en whness will 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 rare.
Materiel and Outside Services— Subcontractors, renal of special equipment
special reproductions and biueprinfing. outside data processing and computer
services. eta. are charged at 115 times the direo cost.
Travel Expenses — Mileage at 48.6cents per mile. Per diem where overnight
stay is invdved is charged at cost
I be
duyladrre (30)
dfl pay I nrontruy rmv hai rge
f1 %1 per month of iha ours+++ndimo balance until oab in full.
EXHIBIT B
D U D E K Effective January 11, 2007