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HomeMy WebLinkAbout05 - 16th Street Water Pump Station Upgrades and Backup Generator (18W13)PORT CITY OF O � _ i NEWPORT BEACH City Council Staff Report <i FO RN October 22, 2019 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Ben Davis, Associate Civil Engineer, bdavis@newportbeachca.gov PHONE: 949-644-3317 TITLE: 16th Street Water Pump Station Upgrades and Backup Generator (18W13) — Approval of Professional Services Agreement with Dudek Inc., Contract No. 7693-1 ABSTRACT: As identified in the City's Water Master Plan, the 16th Street Pump Station Upgrades and Backup Generator project is needed to operate this potable water pump station during a power outage. This pump station is a critical infrastructure element as all of the City's groundwater supply is pumped from this facility. Staff is requesting City Council's approval to enter into a Professional Services Agreement with Dudek, Inc. to perform professional engineering design services and prepare the necessary construction documents. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve a Professional Services Agreement with Dudek Inc. of San Juan Capistrano, California, for the 16th Street Pump Station Upgrades and Backup Generator project at a not -to -exceed price of $311,798.00, and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: Sufficient funding is available in the current Capital Improvement Program budget for the award of this contract. It will be expensed to the Water Capital NMP account, 70201932- 980000-18W13. DISCUSSION: This project involves the analysis and preliminary and final design efforts for installation of an emergency backup generator, as well as the upgrade of existing pumps and motors to improve reliability and efficiency. Approximately 70 to 75 percent of the City's entire water supply is pumped from groundwater via four City owned wells located in Fountain Valley. All of this groundwater is then pumped from the 16th Street Pump Station into the City's water pipeline system. 5-1 16th Street Water Pump Station Upgrades and Backup Generator (18W13) —Approval of Professional Services Agreement with Dudek Inc., Contract No. 7693-1 October 22, 2019 Page 2 Proposed improvements involve installing a new backup generator that can run on both diesel and natural gas, installing an automatic transfer switch, constructing a concrete pad and noise enclosure for the generator, replacing three motor control units, installing five new pump motors and reconstructing a portion of the discharge piping. Staff requested proposals from five Engineering Consulting firms to provide professional engineering services for the 16th Street Pump Station Upgrades and Back-up Generator project. Four proposals were received and reviewed by a three-person technical panel. The scoring for the proposals is as follows: PROPOSER TOTAL SCORE OVERALL RANK Dudek 283 1 Brown and Caldwell 267 2 Tetra Tech 226 3 Psomas 216 4 Dudek demonstrated that they were the most qualified firm and have the expertise and experience needed to complete construction documents for this backup generator and pump station design project. Dudek has successfully completed similar projects for other local agencies as well as the City of Newport Beach. Therefore, staff recommends approving a Professional Services Agreement with Dudek to complete the final design efforts for the 16th Street Pump Station Upgrades and Back-up Generator project. The proposed design Scope of Work includes research and data collection, preliminary design report, utility coordination, design surveying, geotechnical investigation, electrical engineering services, regulatory agency permitting services, construction documents that include plans, special provisions, technical specifications, cost estimates, as -built drawings and construction support services fiscal year in fall of 2020. ENVIRONMENTAL REVIEW: Construction is tentatively planned for next Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). 5-2 16th Street Water Pump Station Upgrades and Backup Generator (18W13) —Approval of Professional Services Agreement with Dudek Inc., Contract No. 7693-1 October 22, 2019 Page 3 ATTACHMENTS: Attachment A — Location Map Attachment B — Professional Services Agreement 5-3 Attachment A 16TH STREET WATER PUMP STATION UPGRADES AND BACKUP GENERATOR LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-7693-1 18W1 3 10/22/19 5-4 ATTACHMENT B PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR 16TH STREET PUMP STATION BACK-UP GENERATOR AND UPGRADES PROJECT DESIGN THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 22nd day of October, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and DUDEK, a California corporation ("Consultant"), whose address is 605 Third Street, Encinitas, CA 92024, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide engineering and design services for the 16th Street Pump Station Back-up Generator and Upgrades Project ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2022, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to 5-5 completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Eleven Thousand Seven Hundred Ninety Eight Dollars and 001100 ($311,798.00), 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. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 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. DUDEK Page 2 5-6 Compensation for any authorized Extra Work shall be pain in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Neil A. Harper to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. DUDEK Page 3 5-7 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this (collectively, the "Indemnified Parties), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant DU DEK Page 4 5-8 shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement orfor other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. DUDEK Page 5 5-9 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 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 CARD 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 DUDEK Page 6 5-10 resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 17.4 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting ("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (99) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents the Consultant's judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to Consultant or contractor gids or actual cost to City. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 24. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow DUDEK Page 7 5-11 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 shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act and/or Government Code §§ 1990 et sect., Consultant shall conform to all requirements therein. 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. ► Is] IIL" -� 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third DUDEK T Page 8 5-12 business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PG Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Bob Ghlund DUDEK 27372 Calle Arroyo San Juan Capistrano, CA 92675 27. CLAIMS 27.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 940 et seq.). 27.2 To the extent that Consultant's claim is a "Claim" as defined in Public Contract Code section 9244 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Consultant shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). DUDEK Page 9 5-13 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination forwhich Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. PREVAILING WAGES 29.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Consultant and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Consultant is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Consultant further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. DUDEK Page 10 5-14 30. STANDARD PROVISIONS 30.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 34.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 34.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 34.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 34.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 30.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 30.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 30.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 30.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, DUDEK Page 11 5-15 ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 30.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] DUDEK f T Page 12 5-16 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTOR EYOFFICE a California municipal corporation Date: o Z C) [ Date: By: �1_;L By: Aaron C. Harp �a ��+ Diane B. Dixon City Attorney �Mayor ATTEST: CONSULTANT: DUDEK, a California Date: corporation Date: By: By: Leilani I. Brown Frank Dudek City Cleric Chief Executive Officer Date: By: Amy Paul Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements DUDEK Page 13 5-17 SCOPE OF SERVICES DUDEK Page A-1 5-18 EXHIBIT A SCOPE OF SERVICES 16'" Street Pump Station Back-up Generator and Upgrades Project Design ("Project") Consultant shall provide engineering and design services for the above stated Project as follows: Table 1. List of Tasks Facility Upgrades for 15th Street Pump Station ■ Prepare a Preliminary Design Report (PDR) that reviews design goals, alternative analysis and design recommendations ■ PDR will evaluate feasibility of battery power bank system ■ PDR will evaluate feasibility of manual vs automatic transfer switch ■ Apply for any regulatory permits that may be required, including Air Quality Management District (AQMD) • Construct new back-up generator that can run on diesel and natural gas during an electrical outage capable of running three of the 3003 Horsepower (HP) motors and supply flow of 9000 Gallons Per Minute (gpm) Construct new concrete pad, access path with stairs and noise enclosure for new back-up generator • Install electrical control panels, switch parcel and all electrical connections so the generator is fully functional, compatible and integrated with existing Supervisory Control and Data Acquisition (SCADA) system ■ Remove the existing three soft start motors and pumps No. 3, 4 and 5 • Install five new motors and three new pumps and service disconnects • Install three new Variable Frequency Drives's (VFD) to power three new 300 HP motors and vertical turbine pumps each capable of 4000 gpm ■ Construct new discharge piping for the three new pumps connecting to the existing manifold and replace existing pressure control valves with new check valves with hydraulic and mechanical operation for controlled opening and closing • Construct electrical conduits, connections and controls for the new VFD's, motors and pumps • Program SCADA system for all necessary components to have a fully functional automated pumping system A. Research and Data Collection Consultant will gather and review all available information such as preliminary engineering reports, record drawings, assessor's parcel maps, right-of-way maps, electrical schematic plans, utility maps, visit the site and document all existing electrical panels and SCADA system. B. Provide Preliminary Design Report Consultant will provide a preliminary design report (PDR) for the Project which is anticipated to include the following sections at a minimum: 5-19 1. Project Background and Objectives 2. Generator Sizing, Fuel Type, Appurtenances, Configuration, and Construction Cost tin the form of a technical memorandum) that will be incorporated into the PDR and attached as an Appendix. The technical memorandum will include transfer switch sizing/type (automatic vs manual) and other appurtenant facilities 3. Battery Power Bank System Analysis (in the form of a feasibility study) that will be incorporated into the PDR and attached as an Appendix 4. Pump Room Upgrades (VFDs, Booster Pumps/Motors, etc.) 5. Recommended Project 6. Construction Sequencing and Schedule 7. Engineer's Opinion of Probable Construction Cost 8. Preliminary Plans PDR Deliverables: Consultant will submit (3) copies of the draft and final versions of the preliminary design report. Additionally, the original digital and pdf versions of the report will be provided to the City. C. Utility Coordination City staff will send out the first utility request and will forward the received maps/atlas to Consultant. Consultant will identity all utilities within Project limits on the construction drawings. Consultant will send out utility verification and/or relocation notices. Utility adjustments and relocations shall be shown on contract drawings. The only anticipated coordination in the public right-of-way is the natural gas service far the generator. All other proposed improvements are located on City property. Consultant has provided budget for up to 2,000 feet of gas piping design, utility coordination, etc. in Consultant's fee proposal. D. Design Surveying Consultant proposes to utilize Guida Surveying, Inc. to provide the design survey (including topography with 1- foot contours) necessary to complete the design. As a minimum, survey shots will include back of walks, top of curbs, flow lines, edge of gutters, crown lines, and grade breaks at every 25 feet. All topographic features such as water valves, manholes, street lights, trees, traffic and utility pull boxes, etc. will also be included. The basis of bearings and benchmark will be consistent with Orange County Survey Horizontal Controls and the North American Vertical Datum 1988, respectively. The current proposed limits of survey include the on-site improvements and up to 2,000 lineal feet of street survey between the right-of-ways for the natural gas pipeline design and service connection. E. Geotechnical Investigation Consultant (Sub: Converse) will provide geotechnical services for the design of the concrete foundation pad and retaining walls for the generator and appurtenant facilities. Converse will conduct (2) 20 -ft deep borings to explore the subsurface conditions below the chosen generator 5-20 facility location. Converse will then conduct engineering analyses using the soil borings data to prepare a geotechnical report. The findings and recommendations contained within the geotechnical report will be used to design the concrete pad, retaining walls, stairway, and other appurtenant facilities. The final geotechnical report will be contained as an appendix to the technical specifications and included in the construction bidding documents. E. Electrical Engineering Services Consultant (Sub: Moraes Pham and Associates, MPA) will provide the electrical engineering services for sizing and design of the generator, automatic transfer switch {ATS}, battery power bank system feasibility study, variable frequency drives (VFDs), and integration of these facility upgrades into the existing SCADA system. MPA has already conducted the preliminary calculations and analyses necessary to size the generator and ATS as discussed in the preceding sections of this proposal. This preliminary work includes conceptual layouts of both the generator and ATS, as well as, connection and integration of this equipment into the existing faciIifies. Generator and Transfer Switch Alternatives Analysis: Consultant and Subconsultant shall prepare a technical memorandum (TM) that will determine the generator size needed to operate a variable number pumps (likely 2 or 3 pumps) and the critical building systems needed to operate the facility. The TM will list the advantages and disadvantages of the various fuel sources (diesel, natural gas, bi- fuel), provide the physical size of the various generator sets including appurtenant facilities (e.g. diesel fuel tank, natural gas service, etc.), and include the estimated construction cost of the generator set and appurtenant facilities. The TM will include a conceptual layout of the generator and conclude with a recommended generator size, fuel type, and appurtenant facilities. The TM will also size, locate, and include a conceptual layout of the transfer switch. The TM will include an analysis presenting the advantages and disadvantages of automatic and manual transfer switch options for this facility. Consultant proposes to incorporate this TM into the preliminary design report as an appendix. Battery Power Bank System Feasibility Study: Consultant/MPA propose to conduct a brief study to determine the feasibility of constructing a battery power bank system to provide alternate backup/supplemental power to the 16th Street PS facility. Consultant/MPA will obtain conceptual facility sizing/requirements and construction/operational costs from up to (3) equipment s u pp I ie rs/d es ign for a battery power bank system and present the feasibility of constructing a battery power bank system in the future at the 15th Street PS facility. Consultant proposes to incorporate this study into the preliminary design report as an appendix. G. Permitting Services Consultant will assist the City and Contractor in obtaining the South Coast Air Quality Management District (SCAQMD) permit to operate the back-up generator set. The SCAQMD permit requirements will be confirmed during preliminary design with pertinent requirements and information needed to obtain the permit incorporated into the construction documents. 5-21 During construction, the contractor (via the generator supplier) will furnish the required generator engine, fuel, and exhaust information needed for inclusion in the SCAQMD permit application package. Consultant will work with the City and SCAQMD to obtain the permit for the City. H. Construction Documents Plans: Construction drawings will include base plan development, a title sheet, site map, plan sheets, details, structural plans, mechanical plans, sections and details, and electrical plans including instrumentation, control and wiring diagrams. Plans showing existing condition and proposed improvements will be provided and drawings will be prepared in AutoCAD Civil 3D 2019 and will comply with City CAD standards. Once the design has been completed, Consultant will submit electronic files of each submittal and final drawings in both AutoCAD and Adobe (PDF) formats. Special Provisions: Consultant will prepare Special Provisions to the Standard Specifications for Public Works Construction (2015 Edition) in Microsoft Word. An electronic copy in Microsoft Word format shall be submitted at the completion of design. City staff will provide a Special Provision boilerplate. Technical Specifications: We will supplement the City's Green Book based Master Template with technical specifications that detail all electrical, mechanical, and structural components and detail all necessary specifications for the retaining walls, stairway, pump and motor assemblies, check valves, piping modifications, VFDs, generator, ATS, conduit, wiring, etcetera in CSI format. Engineer's Opinion of Probable Construction Cost: Consultant will prepare an itemized Engineer's Opinion of Probable Construction Cost including quantity back-ups in Microsoft Excel format and provide the estimate (including quantities) to the City. As -built Drawings: Upon completion of construction, Consultant will prepare as -built drawings based on Contractor mark-ups. Construction Document Submittal Deliverables: 50 Percent Design - This submittal will consist partially complete drawings including a title sheet, general notes and abbreviations, base plan, and plans showing the layout of the generator and related improvements. A single line diagram and site electrical plan will also be provided. A mechanical plan showing the pump and check valve/piping improvements will be included. A table of contents for the Special Provisions (including the required technical specifications) will be part of this submittal, and an Engineer's Opinion of Probable Construction Cost (including preliminary quantities) will be included. o (3) 24" x 3E" bond paper drawing sets, o (3) copies of the table of contents for the Special Provisions (including the required technical specifications), o (3) copies and Engineer's Opinion of Probable Construction Cost will be provided to the City 90 Percent Design - Consultant will provide and submit draft final drawings (plans, sections, and details), draft completed specifications (Special provisions and technical specifications), and an Engineer's Opinion of Probable Construction Cost (including final quantities). All 50 percent design review comments will be resolved and incorporated into this submittal. 5-22 o (3) 24" x 36" bond paper drawing sets, o (3) copies of the table of contents for the Special Provisions (including the required technical specifications) o (3) copies and Engineer's Opinion of Probable Construction Cost will be provided to the City • 100 Percent Final Design - Consultant will provide and submit final plans, completed contract documents (Special Provisions, bid forms, front end documents, contracting documents, and technical specifications), and an Engineer's Opinion of Probable Construction Cost (including final quantities). All 90 percent design review comments will be resolved and incorporated into this submittal. o (1) 24" x 36" signed sealed band paper drawing set, o (1) signed sealed Special Provision (including bidding documents and technical specifications, o (1) copy and Engineer's Opinion of Probable Construction Cost will be provided to the City ❑ As -Built Drawings - Will be submitted in AutoCAD and Adobe (PDF) format. Mylar hard copies will not be required. I. Progress Meetings Consultant will schedule and lead meetings with the City to assure that all design, operational, and maintenance issues are addressed. We will prepare each meeting's agenda and provide meeting minutes and action items. In accordance with the RFP, we are budgeting for up to six (6) progress meetings and (4) milestone meetings (10 total meetings). The (4) anticipated milestone meetings are as follows: ❑ (1) Kickoff Meeting ❑ (1) Draft Preliminary Design Report Meeting ❑ (2) Design Submittal Meetings - 50% and 90% The pre-bid meeting, pre -construction meeting, and construction phase meetings are included in our construction support services. J. Construction Support Services Consultant will prepare bid addenda during the bidding process and make revisions to drawings and/or specifications. We have allocated an appropriate quantity of labor hours based on recent similar projects in our fee estimate. • Consultant has allocated budget to attend one pre-bid meeting and to discuss/present Project details with prospective bidders at the meeting. Consultant has allocated budget for review of fifteen (15) shop drawing submittals and a second review of ten (14) of the shop d rawi n g su b m itta Is (25 total submittals), 5-23 • As requested, Consultant will provide guidance and recommendations to the City with respect to the Contractor's general conformance to plans and specifications, visit Project site, and make field recommendations. Consultant has budgeted for three (3) one-hour site visits during the construction period and providing feedback and field recommendations. It is understood that Consultant will not be responsible for Project construction inspection, but will instead be expected to provide some monitoring, and where appropriate, make field recommendations. • Consultant has included budget for providing responses for up to five (5) contractor Requests for Information (RFI's). Clarifications ❑ For the 16th Street Pump Station Backup Generator, Consultant has budgeted for a total of (2 9) drawings as follows: (2) general drawings, (3) civil drawings, (4) mechanical drawings, (6) structural drawings, and (14) electrical and controls drawings. ❑ Due to the unknown scope and nature regarding the design of the natural gas service pipeline, we are including budget (tine items 1.8.a and 1.8.b in fee estimate) for (3) drawings for design of up to 2,000 lineal feet of piping, details, and coordination with the Gas Company for service. The fee for topographic surveying for this design element is also included. ❑ Consultant will provide a written description within the technical specifications for the Programmable Logic Controller (PLC)/SCADA/Remote Terminal Unit (RTU) logic modifications for the proposed improvements. ❑ Based on our review of the existing facilities, additional ventilation does not appear to be needed for the ATS. In addition, the generator will be located outdoors and does not require ventilation. The pump room also appears to have sufficient ventilation with additional heat rejected with the replacement of the (3) Solid State Soft Starters (SSSS)s with (3) VFDs. The pump room heat rejection from the (3) pump motors appears to be correspondingly be reduced with the reduction in motor size from 350 -hp to 300 -hp, but this will be verified during the preliminary design. ❑ A separate construction drawing package (draft and final versions) for ventilation upgrades to the Dolphin and Tamura wells will be provided (line item 1.10 in the fee estimate). The scope of work for this separate drawing package (no specification, contract documents, estimates, etc.) will include a site visit and consultation with City Staff. 5-24 EXHIBIT B SCHEDULE OF BILLING RATES DUDEK Page 6-1 5-25 EXHIBIT B Fee Proposal and Schedule of Billing Rates 161h Street Pump Station Back-up Generator and Upgrades Project Design Total Not -to -exceed: $311,798.00 5-26 DUDEK 2024 STANDARD SCHEDULE OF CHARGES ENGINEERING SERVICES Project Director-- -----•-----•---• $290.001hr Principal Engineer III................................................................... 5270-001hr Principal Engineer It.. ......... ....... S260.00/hr Principal Engineer I ... ............•-----........... ................ ____ ..... ...... S250.00/hr Program Manager............................................................ S230.001hr Senior Project Manager.............................................................. S230.001hr Project Manager. ............ _ 5225.001hr Senior Engineer III...................................................................... 5220.001hr Senior Engineer II...................................................................... S210.001hr Senior Engineer I ............................................ •. •... __ ---- S200.001hr Project Engineer IV1Technician IV ............................................... 5190-001hr Project Engineer IIIITechnician III ................................................ 5180-001hr Project Engineer IIITechnician It.. ................................................ S165.00/hr Project Engineer IlTechnician 1 .................................................... S1150.001hr Senior Designer.......................................................................... S170.001hr Designer..................................................................................... S160.001hr Assistant Designer...................................................................... SI55.001hr CADD Operator III...................................................................... S150.001hr CADD Operator II....................................................................... S140.001hr CARD Operator I ................................. S125-00/hr CADD Drafter............................................................................. S715,001hr CADD Technician....................................................................... $110.001hr Project Coordinator........ •• • •• . . -------- ____ .... $120.001hr Engineering Assistant................................................................. $115,001hr ENVIRONMENTAL SERVICES S70.001hr Project Director........................................................................... $245.001hr Senior Specialist IV---------------•-.................................................... $230.001hr Senior Specialist Ill..................................................................... $220.00/hr Senior Specialist II...................................................................... $200.001hr Senior Specialist I....................................................................... $190.001hr Specialist V................................................................................. $180.001hr Specialist IV______ ... ...... ........ ...... . $170.001hr Specialist III................................................................................ $160.001hr Specialist II................................................................................. $145.001hr Specialist I.................................................................................. $130.001hr AnalystV ....... ............................................................................. $120.001hr Analyst IV --------- -------------• • •.......................................... $110.00fhr Analyst III ---- -- --- -------------•---•--•----------------- $100.001hr AnalystII....................................................................................... $90.001hr Analyst I •................................................................................ $80.001i1r Technician IV................................................................................ $90.001hr Technician III................................................................................ $80.001hr Technician II ........ .................................... ............ .._-•----------------... $70.001hr Technician I.................................................................................. $60.00thr Compliance Monitor...................................................................... $95.001hr DATA MANAGEMENT SERVICES GIS Programmer I....................................................................... $185.00/hr GIS Specialist IV......................................................................... $160.001hr GIS Specialist III......................................................................... $150.001hr GIS Specialist II ........................................ •. •............................ $140.001hr GIS Specialist I'........................................................................... $130.001hr Data Analyst III . •• ........ ..... • •...................................... $100.001hr Data Analyst II.............................................................................. $90.001hr Data Analyst I............................................................................... $80.001hr UAS Pilot ----- -- --------•-----............................................................ 5100.001hr CONSTRUCTION MANAGEMENT SERVICES PrincipatfManager----- •............................................................. S195.001hr Senior Construction Manager ................ ................ ......... ............ .S180.001hr Senior Project Manager--.--.------•-••--•........................................... $165.001hr Construction Manager ............... .............•--------.----......._............... $155.001hr Project Manager......................................................................... S145.001hr Resident Engineer_ ..... ...... ............... ....................... $145.001hr Construction Engineer................................................................. S140.001hr On-site Owner's Representative ... •--•........................................... S140.001hr Construction Inspector III............................................................ $130.001hr Construction Inspector it............................................................. S120.001hr Canstrudion Inspector l .... .............. ................ ..................... I...... S110,001hr Prevailing Wage Inspector.......................................................... $135.001hr DUDEK HYDROGEOLOGICAL SERVICES Project Director ................................... ........................... .............. $285.00Rtr Principal Hydrogeologist/Engineer 11 ...... ............... ...... .................$265.001hr Principal Hydrogeologist/Engineer I ....... ........................ ......... .....S250.001hr Sr. Hydrogeologist IVIEngineer IV ............................................... $235.001hr Sr. Hydrogeologist IITIEngineer III ..... ......... .................... ....... .......$220.00R1r Sr, Hydrogeologist II/Engineer II..................................................S205.001hr ----------• -- --$115.001hr Sr. Hydrogeologist IlEngineer I ..................... ............................... S190.001hr Hydrogeologist VI/Engineer VI.... $175.001hr Hydrogeologist V)Engineer V.......................................................S165.001hr Hydrogeologist WIEnginee r IV..... _ _ . .......................................... S 155,00Ihr Hydrogeologist 11I/Engineer III .......................... ............................ S145.001hr Hydrogeologist IIIEngineer 11 ........................................................S 135,001hr Hydrogeologist IlEngineer 1 ............... ............... ..................... ....... 5125-001hr Technician....... ......... ........ ........ ........... ........ ......... S100.001hr DISTRICT MANAGEMENT & OPERATIONS District General Manager ... .................. ............ ............ ................ 5195-001hr District Engineer .......... ................................................................ $185.001hr Operations Manager...................................................................S160,001hr District Secretary/Accountant... ........................... ........... ............. S120.001hr Collections System Manager..... ..... ....... Grade V Operator ..... ........ ........ ...... ___ ................. ...................... $125.001hr Grade IV Operator ....... ................... ........ ..................... ................ 5110.001hr Grade III Operator ........ ..................... .......................................... $100.0o1hr Grade I10 perator ......................................................................... $75.001hr Grade I Operator.......................................................................... S70.001hr Operator in Training...................................................................... $65.001hr Collection Maintenance Worker ll ................................................. $75.001hr Collection Maintenance Worker I .................................................. $65.Q01hr VISUAL SERVICES TechnicaVElraHingICADD Services 31) Graphic Artist ................... ............... ..................... .................. $180.001hr Graphic Designer IV ....................................................................$1fi0.Q01hr $115.001hr Graphic Designer III --••--•............................................. . . .•- -$145.001hr Graphic Designer it ..................................... ................................. $130.001hr Graphic Designer I -- -------- ------- • • •----- -- -•--•-- ------ ----------• -- --$115.001hr PUBLICATIONS SERVICES Technical Editor III ........ ......... ............. ........ .................. ...............$145.001hr Technical Editor II .... ..... .......... ............... ........................ ............ ..$130.001hr Technical Editor I .......................... ..... ......... ................................. $115.001hr Publications Specialist 111..............................................................$105.001hr Publications Specialist 11 ....... $95.001hr Publications Specialist I................................................................ $85.001hr ClericalAdministration.... .............................................................. $90.001hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert votness will be billed at 2,00 times normal rales. Emergency and Hal Idays - Minimum charge of two hours will be billed at 1.75 times the normal rate. Material and Outside Services - Subcontractors, rental of speaal equipment, special reproductions and Wuepnntirig. outside data processing and computer semces- etc., are charged at 1. Is times the direct cost. Travet Expenses - Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost 5-27 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,004) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars {$2,000,000} general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this DUDEK Page C-1 5-28 Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability Errors & Omissions Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,040,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: DUDEK Page C-2 5-29 A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. if such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of noncompliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. DUDEK Page C-3 5-30 G. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. DUDEK Page C-4 5-31