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HomeMy WebLinkAbout08 - Buck Gully Wetlands & Maintenance Road RepairCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. s July 26, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein, P.E. 949 - 644 -3311 rstein@city.newport-beach.ca.us SUBJECT: BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIR - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DUDEK & ASSOICATES, INC. RECOMMENDATION: Approve a Professional Services Agreement with Dudek & Associates, Inc., (Dudek) of Encinitas, California, for the Buck Gully Wetlands and Maintenance Road Repair at a contract price of $60,000 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: In 2003, the State Water Resources Control Board awarded the City a grant to assist in the renovation of Buck Gully including the construction of wetlands. These grant funds will be used to hire a consultant to prepare a design to rejuvenate degraded wetland areas in the gully adjacent to the canyon road that takes access at 5'" Avenue and Poppy Avenue. The project design will also include repair of the roadway where it crosses the streambed. This road provides access to a City water main valve and blow -off assembly on the east side of the canyon. The consultant will also obtain the required permits and environmental clearances. All construction documents and permits are expected to be completed within six months and the project will be immediately advertised with construction initiating in March, 2006. Construction costs are roughly estimated to be between $60,000 and $90,000. Available grant funding for construction is only $60,000. Any additional funding would require City funds. Statement of Qualifications (SOQ's) were received from seven consultants for an earlier project in the watershed (Newport Coast Watershed Flow and Water Quality Assessment Project). After review of these SOQ's, two consultants, Dudek and Psomas were invited to submit proposals to provide design, permitting and environmental clearances services. SUBJECT: Buck Gully Wetlands and Maintenance Road Repair - Approval of Professional Services Agreement with Dudek & Associates, Inc. July 26, 2005 Page 2 The proposals were independently reviewed to evaluate each firm's qualifications, past experience on similar projects, and availability before ranking Dudek higher. Upon selection, staff negotiated with Dudek to provide the necessary scope of services for a fee of $60,000. Dudek has completed services competently and professionally on similar projects for other local agencies in Southern California. The scope of Dudek's professional services will include: Preparing design drawings to restore the roadway over the streambed and the adjacent wetland areas Prepare and process permits with the jurisdictional agencies Prepare environmental documents to support the permits Funding Availability: There are sufficient funds available in the following account for the project: Account Description Account Number Amount Prop 13 Buck Gully Grant 7255- C5100659 $60,000.00 Environmental Review: The preparation of an environmental document to meet CEQA requirements is part of the scope of services. Prepared by: Submitted by: Kobert Stein, P.E. t en . Badum Principal Civil Engineer -ublic orks Director Attachment: Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT WITH DUDEK & ASSOCIATES, INC., FOR BUCK GULLY WETLANDS AND ACCESS ROAD REPAIR THIS AGREEMENT is made and entered into as of this day of 2005, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and DUDEK & ASSOCIATES, INC., a California corporation, whose address is 605 Third Street, Encinitas, California, 92024 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement an erosion control project in the Buck Gully canyon, which will include refurbishing the wetlands and the Buck Gully 5" Avenue access road crossing of the streambed. C. City desires to engage Consultant to provide environmental and engineering services in connection with the erosion control project, including preparation of preliminary design plans showing potential creek bank stabilization measures and drainage improvements; preparation of a wetlands revegetation plan; and drafting of construction documents, environmental documentation and all necessary permit applications to implement the improvements ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Tom Larson. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31" day of December 2006, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand- delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time:- and - materials not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Sixty Thousand Dollars and no /100 ($60,000.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 2 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated John Minchin to be its Project Manager. Consultant shall not remove or reassign the Project Manager on the Project without the prior written consent of City. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Robert Stein shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: I A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently n I performed or services negligently provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and 5 progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coveraqe Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed G under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. 7 F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such 'subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to I Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright 0 infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such 10 persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Robert Stein, P. E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3322 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: John Minchin Dudek & Associates, Inc. 605 Third Street Encinitas, CA 92024 Phone: 760 -479 -4279 Fax: 760 - 942 -9976 28, TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of 11 termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 12 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Aaron C. Harp Assistant City Attorney City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: John Heffernan, Mayor for the City of Newport Beach CONSULTANT: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — 2005 Schedule of Billing Rates F : \USERS\PBMShared\Agreements \FY 05 -06 \Dudek -Buck Gully Wetlands C- 3778.doo 13 Engineering, Planning, EnVironmen(al Sciences and 8 ASSOCIATES. INC. Management Services June 16, 2005 Robert Stein Principal Civil Engineer, Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 corporate Office: 605 Third Street 750.9425147 Encinitas, Ceiilornia 92024 Fax 760.632.0154 205091 -300 Subject: Revised Project Proposal for Environmental and Engineering Services for the Buck Gully Erosion Control Project, City of Newport Beach, California Dear Mr. Stein: Dudek & Associates, Inc. (Dudek) is pleased to submit this revised project proposal for environmental and engineering services related to the Buck Gully Erosion Control Project in the City of Newport Beach. This revised proposal is based upon the modified project that we discussed at our site meeting with you on June 1, 2005, and your subsequent direction provided in your Scope of Work (SOW) write -up and sketch dated June 3, 2005. The proposed scope of work is now refocused on and limited to the storm drain outfall suid road crossing location at the bottom of Buck Gully, at the end of the canyon access road, below Poppy Avenue & 51h Avenue. It is our understanding that the project will now focus on improving the drainage facilities in that location, repairing erosion damage, removing sediment accumulation and developing a water quality treatment basin area at the confluence of the main creek and the side drainage coming from the outfall pipe, so that the area can be rehabilitated to provide improved water quality for downstream resources. The goal of the project will be to improve the creek and side drainage, while demonstrating both engineering and revegetation treatments to the State Water Resources Control Board (SWRCB) and the public, with the goal to help improve water quality in the creek in that location. The project would be designed to address the intent of the SWRCB water quality treatment grant. It is our understanding that the city has received preliminary direction from SWRCB, that doing work in one location of the creek may satisfy the grant requirements. This current proposal is based upon that assumption. If the scope of the project expands then this scope of work and costs would need to be modified accordingly. Mr. Robert Stein Re: Revised Project Proposal for Environmental and Engineering Services for the Buck Gully Erosion Control Project, City of Newport Beach, California The services outlined in this proposal include attending a meeting with the local Regional Water Quality Control Board (RWQCB) staff; preparation of preliminary plans showing the proposed engineering creek bank stabilization measures and drainage improvements; preparation of a preliminary plan showing the modification of wetland areas with proposed revegetation treatments and enhancement measures including removal of exotic species and planting of new wetland native species; preparation of a conceptual wetland mitigation and monitoring plan (report); preparation of a Categorical Exemption; permitting coordination and processing with the resource agencies; preparation of construction documents for the construction of the drainage /creek improvements; preparation of construction documents for the wetland mitigation/revegetation areas; and preparation of a QAPP monitoring plan. While you did not specifically request it in your SOW, we have decided to include the preparation of the conceptual plan because we believe it will be required as part of the permit processing. We have also included in this scope of work construction monitoring during installation to help monitor the project for QAPP compliance. This current proposal includes the scope of work and costs associated with the design, permitting and monitoring work only. We have not included the actual scope or cost for the construction work in this proposal, since the full scope of the necessary construction work is not known at this time, and won't be known until the construction documents are completed. Since the proposed work includes more than just revegetation work, it is impossible for us to provide any sort of accurate cost for the full scope of the anticipated construction work at this time. It is assumed that once construction documents are prepared then bids can be solicited from a contractor, and/or contractors, for installing all of the required improvements. Our subsidiary landscape contracting and maintenance company, Habitat Restoration Sciences, Inc. (HRS), can provide a bid proposal to you at that time for some of the grading work and the revegetation work if desired. However, the civil engineering construction work for the drainage improvements, including the rip /rap placement, etc., which will be needed to address the construction of the new drainage improvements, will likely need to be bid on by a separate contractor, once the engineering construction documents are completed. We understand that you would like us to utilize the Categorical Exemption procedure for this project for CEQA compliance. Utilizing this approach assumes that minimal to no environmental impacts would be incurred by this project and that the resource agency permitting would be simple, assuming that the resource agency staff agree with this approach. If additional CEQA analysis, review and processing, beyond the Categorical Exemption process, become necessary, then our scope and costs would need to be modified accordingly to address the necessary additional work. 205091 -300 A ASSOCIATES, INC. 6/16105 2 Mr. Robert Stein Re: Revised Project Proposal for Environmental and Engineering Services for the Buck Gully Erosion Control Project, City of Newport Beach, California This proposal also assumes that the necessary work will be located in jurisdictional waters under regulatory authority of the U.S. Army Corps of Engineers (ACOE), the Regional Water Quality Control Board (RWQCB), and the California Department of Fish and Game (CDFG), and that the permitting would be handled in the most streamlined procedure available, assuming a Nationwide Permit with ACOE, a streambed alteration agreement with CDFG and 401 water quality permit with RWQCB. If more involved individual permits become necessary, then the scope of work and costs would need to be expanded accordingly. We assume that the affected wetland areas may include minor impacts to open water, freshwater marsh and southern arroyo willow riparian forest A wetland delineation will need to be prepared as part of the permitting work, to help establish the limits of the wetlands, so that accurate impact assessments can be made. This is usually a requirement of the permitting agencies. It is also envisioned that the proposed creek improvements and associated construction access work, may have some indirect affect on upland coastal sage scrub resources that may require additional permitting coordination with the City and the wildlife agencies, due to the potential effect on the coastal California gnatcatcher (Poliioptila californica californica). This proposal assumes that we would simply utilize time of year so that construction work would not occur during the breeding season, thus avoiding indirect impacts to this species, such as from noise during construction. As you know, Dudek is already under separate contract to provide the biological resources surveys for sensitive/endangered species in this vicinity, so we will have additional information in the near future with which to make further decisions on pertinent restrictions and/or additional potential permitting requirements. If more involved permitting with the resource agencies including, the U.S. Fish & Wildlife Service, become necessary, then the scope of work and costs would need to be adjusted accordingly to address this additional work. Finally, this proposal also includes biological QAPP monitoring services to assess and monitor the installation and implementation of this project during its construction and throughout the initial 120 -day plant establishment/maintenance period for the revegetation areas. We assume that the City will separately hire a contractor and/or contractors to implement the actual construction and maintenance work involved in this project. A detailed breakdown of the proposed services and costs is provided herein in Exhibits A & B. Please feel free to call me at (760) 479 -4279, or Tom Larson at Dudek's Orange office at (714) 998 -8330, if you have specific technical questions regarding this proposal. rTj pt r! r; 205091 -300 6i tMOCIATES, INC. 6116105 3 K,( —wlT Iwo ^DIm P —... Mr. Robert Stein Re: Revised Project Proposal for Environmental and Engineering Services for the Buck Gully Erosion Control Project, City of Newport Beach, California Thank you again for the opportunity to resubmit a proposal for this work and we look forward to continuing to work with the City on the planning and implementation of this project. Very truly yours, DUDEK & ASSOCIATES, INC. 1� i .1A�,�A- John L. Minchin Habitat Restoration Specialist/ Landscape Architect #2225 An.: Exhibits A & B cc: David Fleitner, Dudek & Associates, Inc. Mvloc Nguyen. Dudek & Associates. Inc. Tom Larson, Dudek & Associates, Inc. (Orange) Russ Berghoh, Dudek & associates, Inc. Mark Girard, HRS 205091 -300 I& ASSOCIATES, INC. 6116105 4 EXHIBIT A SCOPE OF WORK Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 The following detailed task descriptions are provided to further outline Dudek's proposed services for the Buck Gully erosion control project. Task 1: Regional Water Quality Control Board Coordination and Meeting Dudek will attend a site meeting with RWQCB staff to review the scope of work and to discuss permitting requirements for the project. Dudek will also coordinate with the City and RWQCB during design development to coordinate the RWQCB permitting and review of the proposed project. Task 2: Preliminary Plan Preparation Dudek will prepare preliminary plans to address the intended design for the engineering improvements and habitat restoration/revegetation components of the project. This will include an overall preliminary site plan showing existing conditions and proposed improvements. Preliminary sections and/or details describing the proposed improvements will be included. The plan and accompanying sections and/or details will address creek bank stabilization, improvements to the existing drainage structures and creek road crossing, the creation of expanded wetland areas for increased retention and water quality treatment, the proposed habitat enhancement to remove exotic species from the wetland areas and the replanting of the disturbed/invaded areas and expanded wetland areas with appropriate native species. The preliminary plans will be drawings only and will not include a report document. A separate conceptual wetland mitigation and monitoring plan (report) document will be prepared as addressed in Task 3, to help facilitate the permitting process and to outline the proposed work and installation/monitoring requirements. Task 3: Conceptual Wetland Mitigation and Monitoring Plan Dudek will prepare a conceptual wetlands revegetation and monitoring plan report in accordance with the requirements of the resource agencies including, the U.S. Army Corps of Engineers (ACOE), the Regional Water Quality Control Board ( RWQCB), and the Calif. Dept. of Fish & Game (CDFG). The conceptual wetlands revegetation and monitoring plan will consist of written 205091 -300 6i ASSOCIATES, INC. 6116/05 1 h01-u I.-1w C-y N-. EXHIBIT A SCOPE OF WORK Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 text, with supportive maps and graphics that will adequately explain and outline the proposed creek improvements and revegetation program. This document will be prepared as a stand alone document in written report format, acceptable to the resource agencies. The plan will describe specific methods of creek bank stabilization, habitat revegetation, including wetland creation and enhancement, upland revegetation if required, required wetland grading, proposed planting and irrigation installation methods, maintenance requirements, performance criteria and specific guidelines for the maintenance and monitoring of the program. This task will address the onsite revegetation area associated with the creek /drainage improvements in Buck Gully only. The work does not include the identification, or planning for, any off -site revegetation or mitigation areas if they become necessary. This scope of work assumes that all required revegetation work can be accomplished on -site, within disturbed upland portions of Buck Gully. If, however, offsite work becomes necessary, then this work would be handled as an additional service with the City, once the full scope of that offsite work becomes known. The conceptual wetlands revegetation and monitoring plan will be prepared under the direction of Dudek's landscape architect and habitat restoration specialist John NUnchin. Dudek would process the plan for review and approval by the City and the resource agencies, as part of the permit processing work. Final copies of the approved report would be provided to the City for submittal to the SWRCB. Typically the conceptual wetlands revegetation and monitoring plan is submitted to the resource agencies as part of the wetland permitting documentation and will help fulfill the permit requirements. Task 4: Categorical Exemption Based on our understanding of the Buck Gully Erosion Control Project and the City's direction, we understand that the City desires to use a Categorical Exemption for this project, in order to satisfy the CEQA requirements. Dudek will prepare the necessary Categorical Exemption forms and supportive documents and will submit them to the resource agencies for review. If an expanded CEQA analysis becomes necessary, then the scope and costs will need to be adjusted accordingly. ! f�777-7( r F 77 7F 205091300 & ASSOCL4TES, INC. 6116/05 2 V.ye,earol Tearvfo,CwnWu P.uleer. EXHIBIT A SCOPE OF WORK Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 Task 5: Regulatory Agency Permitting This scope of work and cost estimate assumes that the project will impact wetlands onsite and that these impacts would qualify for a Nationwide Permit from ACOE, rather than individual permit. The City may decide to avoid any wetlands impacts, and the need for this permitting process. If wetlands impacts are anticipated, this scope also assumes that the City will prepare and/or provide other required documents, such as a Storm Water Pollution Prevention Program (SWPPP), Standard Urban Storm Water Mitigation Plan, Water Quality Technical Report, or Best Management Practices (BMPs) that may be required by the regulatory agencies to satisfy water quality regulations. Regulatory agency fees for permit processing are to be paid by the City. Sub -Task 5a: Section 404 Nationwide Permit Dudek will complete and submit a pre - construction notification (PCN) under a Nationwide Permit to the ACOE in compliance with Section 404 of the federal Clean Water Act. The PCN will comply with the appropriate General Permit Conditions for that Nationwide Permit and will include project description, a wetlands delineation, quantification of wetland impacts, mitigation plan, and all associated figures (vicinity maps, project site map, construction/grading cross - sections, mitigation area, etc.) and copies of the wetlands permit applications will be submitted to RWQCB and CDFG. Dudek will coordinate with the ACOE following the submission of the application. This task includes up to two meetings with ACOE staff and one possible revisit to the project site. Sub -Task 5b: Section 401 Water Quality Certification Application Dudek will complete and submit an application for a Section 401 Water Quality Certification to the RWQCB. The application will include a project description, wetlands delineation, project impacts to jurisdictional waters, a mitigation plan, and discussions of the regional context of the project, biological resources, water quality impacts and measures to maintain existing water quality, and beneficial uses and impacts to these uses. All associated figures (vicinity maps, project site map, construction/grading cross - sections, mitigation area, etc.) and copies of the wetlands permit applications will be submitted to the ACOE and the CDFG. � l; � F (. 1 �, r'" -R;-if 205091 -300 6� ASSOCIATES, INC. 6/16/05 3 YmI��^^a I Tmv (o. CmmDb P.gecu EXHIBIT A SCOPE OF WORK Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 Dudek will coordinate with RWQCB staff following the submission of the application. This task will include up to two meetings with RWQCB staff and one possible revisit to the project site. Sub -Task 5c: Section 1602 Streambed Alteration Agreement Dudek will submit to the CDFG an application for a Section 1602 Streambed Alteration Agreement. The application will include a project description, wetlands delineation, mitigation plan, and discussion of the nature of the impacts to streams or lakes, sensitive plant and wildlife species, and impacts to water quality. All associated figures (vicinity maps, project site map, construction/grading cross - sections, mitigation area, etc.) and copies of the wetlands permit applications will be submitted to the RWQCB and ACOE. Dudek will coordinate with the CDFG staff, this will include up to two meetings with CDFG staff and one possible revisit to the project site. Task 6: Engineering and Revegetation Construction Documents Dudek will prepare a set of engineering and revegetation construction documents (i.e. plans, details and specifications) in plan format (i.e. 24" x 36" d -sheet format), to implement the intent of the engineering and restoration program outlined in the preliminary plans and conceptual mitigation plan. The construction documents would be prepared under the direction of Dudek's landscape architect and habitat restoration specialist John Minchin, and Dudek's Engineer Russ Bergholz, to meet the City of Newport Beach standards and guidelines and would be processed by Dudek for plan check review and approval by the City and the resource agencies. The construction documents will include a Cover Sheet/Title Sheet, Drainage and Site Improvement Plans, Grading Plans, Construction Details, Irrigation Plans, Irrigation Legend and Detail Sheets, Planting Plans, Planting Legend and Detail Sheets, and Construction. Specifications in plan/sheet format. Dudek will provide five sets of prints of the engineering and revegetation construction documents, at both an assumed 90 %, as well as final submittal stages. One final set of duplicate originals (i.e. reproducible drawings) will also be provided to the City at completion of the design phase. 205091.300 n• j & ASSOCIATES, INC. 6116105 4 �+M•�� �.�Iwca..q�rAneu EXHIBIT A SCOPE OF WORK Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 As part of the engineering design, Dudek engineers will evaluate the existing hydrology information available for the Buck Gully, provided by the City of Newport Beach. This will include research of project files and review of previous research done in the immediate area addressing storm water flow. DUDEK will evaluate the approximate anticipated flows within the study area that affect the proposed project, and will evaluate the effect they will have on the overall Buck Gully drainage. Dudek engineers will assist Dudek restoration specialists with determination of appropriate grade elevations for the revegetated wetland areas. Dudek engineers and landscape architects will prepare wetland grading plans for the revegetation areas. A formal hydrology study will not be provided. If this becomes necessary, then this would need to be provided as an additional service. Task 7: Preparation of a QAPP Plan Dudek will prepare a Quality Assurance Protection Plan (QAPP), per the requirements of the City of Newport Beach. The plan will address all environmental protection requirements and monitoring and reporting requirements necessary to assure the installation progresses as intended and is accomplished to the City standards. The plan will outline the various reporting and monitoring requirements to be implemented during the installation phase of the project. Task 8: Biological QAPP Construction Monitoring Dudek will provide QAPP construction monitoring to assure that the intent of the plans and specifications, as described in the engineering and revegetation construction documents, are implemented properly by the contractor and in compliance with the City's QAPP requirements. It is assumed that actual construction work will be perforated by a separate contractor hired under separate contract, directly by the City. The scope of work and fees for the contractor will be solicited separately by the City, once the construction documents are completed. The biological QAPP construction monitoring is assumed to include a pre - construction site visit with the City and the contractor, periodic monitoring of construction milestones, and regular monitoring during the 120 -day plant establishment/maintenance period. Long -term biological monitoring to assure that the project meets any specific performance standards andlor success � kTY_7 k1 -ter /( 205091 -300 A ASSOCL4T -ES. INC. 6/16/05 5 HMemwnl Tmu (a. C..rlm Nvleru EXHIBIT A SCOPE OF WORK Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 criteria is not included in this current scope of work, and it is assumed that this would be contracted for at a later date, once the full scope of the long —term monitoring program has been determined. Dudek will conduct a pre- construction "kick -off' site visit to assess site conditions, delineate the project limits and existing native vegetation within the project boundaries that is to be preserved, establish the revegetation area boundaries, establish construction staging areas, discuss irrigation provisions and water connections, coordinate equipment access issues, and verify that all site protection requirements are being abided by the contractor. Dudek will document the pre - construction meeting in a site observation report. Dudek will conduct periodic monitoring visits during the construction process to review protective fencing, site preparation, grading and drainage improvements, creek bank stabilization, weed removal, soil preparation, irrigation system installation, container plant and seed installation, and any other items specified in the final construction documents. This scope of work assumes that twelve site visits will be conducted during this phase of the project, including attendance at the pre - construction "kick -off' meeting, periodic milestone site visits during key installation phases, and a final installation walk - through with the contractor and City at the end of the installation phase. Dudek will prepare site observation reports after each site visit documenting the status of the installation and outlining items needing attention by the contractor. Dudek will fax copies of the site observation reports to the City immediately upon completion and will keep the City informed of key issues and coordination items via phone as they arise. Dudek will monitor site conditions, plant establishment growth and the status of maintenance work once monthly throughout the 120 -day post - construction plant establishment/maintenance period (four visits). Dudek will prepare a site observation report after each visit, and will discuss any observed or anticipated problems and possible remedial corrective actions with the City and the contractor for resolution. - -'� r r "�; r ". 205091 -30D I' . ,! 6: ASSOCIATES, INC. 6116105 6 EXHIBIT A Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 Upon completion of the 120 -day plant establishment/maintenance period, Dudek will prepare a final letter report summarizing the monitoring observations made during the project installation and plant establishment periods. This letter will also formally acknowledge the start of the long- term maintenance and monitoring period, which is assumed to be a five -year period, for compliance with resource agency permits. Any variations of the installation from the construction documents will be noted and the reasons for the changes will be documented. Any extension in the duration of the installation and/or increased frequency of monitoring visits requested by the City would be considered an additional service, to be negotiated accordingly with the City. Task 9: Project Management Coordination & City Liaison Overall Dudek project management and City coordination will be performed by Tom Larson, out of Dudek's Orange County office. Individual task management responsibilities will be assigned by Mr. Larson utilizing staff out of Dudek's Encinitas Corporate office, accordingly. It is currently envisioned that Myloc Ngyen will provide the CEQA/Categorical Exemption work, Russ Bergholtz will provide the engineering design oversight and John Minchin will provide the habitat restoration design and monitoring services coordination. 205091 -300 6, ASSOCIATES, INC. 6116/05 7 DUDEK & ASSOCIATES, INC. Exhibit B 2005 STANDARD SCHEDULE OF CHARGES Engineering Services Project Director .... ............................... $175.00/hr Program Manager .......... .....................$165.00 /hr Principal Engineer II ....... .....................$155.00 /hr Principal Engineer I ........ .....................$145.00/hr /hr Senior Project Manager . .....................$135.00 /hr Project Manager ............. .....................$125.00 /hr Resident Engineer ......... .....................$120.00 /hr Senior Engineer II .......... .....................$115.00/hr $80.00 1hr Senior Engineer I .......... .....................$105.001hr Construction Engineer ... .....................$105.00 Project Engineer II .......... ......................$95.00 /hr Project Engineer I ............ ......................$90.00 /hr Field Engineer II .............. ......................$95.00 /hr Field Engineer I ............... ......................$80.00 /hr Engineering Assistant ..... ......................$65.00 /hr Environmental Services Principal ............ ............................... Senior Project Manager /Specialist... Environmental Specialist/Planner VI Environmental Specialist/Planner V. Environmental Specialist/Planner IV Environmental Specialist/Planner III Environmental Specialist/Planner II . Environmental Specialist/Planner I.. Analyst.............. ............................... $175.00/hr $150.00 /hr $140.00 /hr $130.00 /hr $120.00 /hr $110.00/h r $100.00 /hr .. $90.00 /hr ..$75.00/hr Urban and Community Forestry Principal /Senior Consulting Arborist ...$175.00/hr Senior Project Manager ....................$150.00 /hr Urban Forestry Specialist V ................$130.00 /hr Urban Forestry Specialist IV ...............$120.00 /hr Urban Forestry Specialist III ................$110.00 /hr Urban Forestry Specialist II .................$100.00 /hr Urban Forestry Specialist I ....................$90.00 /hr Research Analyst ............ ......................$65.00 /hr Construction Management Services Principal/Manager .......... .....................$175.00/hr $155.001hr Senior Construction Manager ............$150.00 $120.00 /hr /hr Construction Manager. ........................ $135.00/hr $75.00 1hr Senior Project Manager . .....................$135.00/hr $80.00 /hr Collections System Manager .................$80.00 Project Manager ............. .....................$125.00 Grade V Operator ..... ............................... /hr Resident Engineer ....... .....................$120.00 $80.00 1hr /hr Construction Engineer ... .....................$105.00 Grade II Operator ...... ............................... /hr On -site Owner's Representative ........... $95.00 /hr Construction Inspector III ......................$95.00 Collection Maintenance Worker II............ /hr Construction Inspector 11 . ......................$90.00 $34.00 /hr /hr Construction Inspector I .. ......................$85.00 /hr Hydrogeoiogical Services Principal .................. ............................... $175.001hr Sr. Hydrogeologist /Sr. Project Manager $150.001hr Associate Hydrogeoiogist/Engineer....... $115.001hr Hydrogeologist IV /Engineer IV .............. $110.001hr Hydrogeologist III /Engineer III ................. $95.00/hr Hydrogeologist Il /Engineer 11 ................... $85.001hr Hydrogeologist I /Engineer I ..................... $75.001hr Technician ................ ............................... $65.001hr District Management & Operations District General Manager ....................... $155.001hr District Engineer ..... ............................... $120.00 /hr District Manager ..... ............................... $130.00 1hr District Manager Assistant ....................... $75.00 1hr District Secretary /Account ...................... $80.00 /hr Collections System Manager .................$80.00 /hr Grade V Operator ..... ............................... $95.00 1hr Grade IV Operator .... ............................... $80.00 1hr Grade III Operator ..... ............................... $70.00 1hr Grade II Operator ...... ............................... $60.00 1hr Grade I Operator ....... ............................... $57.00 /hr Operator in Training .. ............................... $47.00 1hr Collection Maintenance Worker II............ $45.00 1hr Collection Maintenance Worker I ............. $34.00 /hr Office Services Technical /Drafting /CADD Services 3D Graphic Artist .... ............................... $125.001hr Senior Designer ........ ............................... $95.00 1hr Designer ................... ............................... $85.00 1hr GIS Specialist IV ..... ............................... $100.00 1hr GIS Specialist III ....... ............................... $95.00 1hr GIS Specialist II ........ ............................... $85.00 1hr GIS Specialist I ......... ............................... $80.00 1hr CADD Operator 11 ..... ............................... $80.00 1hr CADD Operator I ...... ............................... $70.00 1hr Support Services Computer Processing .............................. $65.00/hr Clerical Administration ............................. $60.00 1hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert witnesswill be billed at 1.75 times normal rates. Emergency and Holidays- Minimum charge of two hours will be billed at 1.5 times the normal rate. Material and Outside Services - subcontractors. rental of special equipment. special reproductions and blueprinting. outside data processing and computer services, etc., are charged at 1.15 times the direct cost. Travel Expenses - Mileage a: 40.5 cents per mile. Per diem where overnight stay is involved is charged at cost Invoices, Late Charges. - All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within thirty (30) days from the date of me invoice. Client agrees to pay a monthly late charge equal to one percent (I%) per month of the outstanding balance until paid in full. Effective January, 1, 2005 EXHIBIT B COST ESTIMATE Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 The following costs, broken down by task, further outline Dudek's proposed costs for the services necessary for the Buck Gully erosion control project. Task 1 Regional Water Quality Control Board Coordination The estimated labor cost for this task is ........................ ............................... ......................$1,500.00 Task 2 Preliminary Plan Preparation The estimated labor cost for this task is ....................... ............................... ......................$6,500.00 Task 3 Conceptual Wetlands Mitigation and Monitoring Plan The estimated labor cost for this task is ....................... ............................... ......................$4,500.00 Task 4 Categorical Exemption The estimated labor cost for this task is ....................... ............................... ......................$2,500.00 Task 5 Resource Agency Permitting The estimated labor cost for this task is ...................... ............................... .....................$12,000.00 Task 6 Engineering and Revegetation Construction Documents The estimated labor cost for this task is ....................... ............................... .....................$17,500.00 Task 7 Preparation of a QAPP Plan The estimated labor cost for this task is ....................... ............................... ......................$2,500.00 Task 8 Biological QAPP Construction Monitoring The estimated labor cost for this task is ....................... ............................... ......................$8,500.00 Task 9 Project Management Coordination & City Liason The estimated cost for this task is ................................. ............................... ......................$2,500.00 TOTAL ESTIMATED COSTS .......................................... ............................... $58,000.00 205091 -300 1&ASS0CLkTESJNC.1 6/16/05 1 1'roleuvul 1. -for C-A. N..- EXHIBIT B COST ESTIMATE Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 All work performed by Dudek will be billed on a time - and - materials basis, according to Dudek's 2005 Standard Schedule of Charges. Total Dudek labor costs for this scope of work are not to exceed $58,000.00. Direct/reimbursable charges, such as printing and reprographics, mileage for site visits, delivery charges, and other miscellaneous reimbursable charges, will be billed at cost plus 15 % markup and are anticipated to be approximately $2,000.00. The total Dudek contract amount for the described scope of work, including direct/reimbursable costs, would be $60,000.00. All services would be billed monthly on a time and materials basis, per Dudek's 2005 Standard Schedule of Charges, not to exceed this amount, for the services described. All additional services would be billed at a time and materials basis in addition to this amount, based upon approval by the City of Newport Beach. & ASSOCIATES, INC. 6/16/05 Y.e(urwalT (v. CanOlnµure,rr 205091 -300 2