HomeMy WebLinkAboutC-7693-1 - PSA for 16th Street Pump Station Back-Up Generator and Upgrades Project Design1
AMENDMENT NO. ONE TO
[� PROFESSIONAL SERVICES AGREEMENT
WITH DUDEK FOR
V 16TH STREET PUMP STATION BACK-UP GENERATOR AND UPGRADES
PROJECT DESIGN
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 30th day of June, 2022
("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. On October 22, 2019, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide engineering and design
services for the 16t" Street Pump Station Back-up Generator and Upgrades Project
("Project").
B. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement to October 21, 2023 and to amend Insurance requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on October 21, 2023, unless terminated earlier as set forth herein."
2. INSURANCE
Exhibit C of the Agreement shall be deleted in its entirety and replaced with Exhibit
C, attached hereto and incorporated herein by reference. Any reference to Exhibit C in
the Agreement shall hereafter refer to Exhibit C attached hereto.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: Z / I Iz2-
By: �JA Q (��)
A r n C. Harp 1ti
Cily Attorney okti�
ATTEST:
Date: llJ �• �'
Brown
City Clerk
P
'`EL1 FpA�
Attachments:
CITY OF NEWPORT BEACH,
a California unicipal corporation
Date: 31/'M 2 f�j
By:
Gr c K. Leung
Cr anager
CONSULTANT: DUDEK, a California
corporation
Date:
Signed in Counterpart
Joseph Monaco
Chief Executive Officer
Date:
By:
Signed in Counterpart
Amy Paul
Secretary
[END OF SIGNATURES]
Exhibit C — Insurance Requirements
DUDEK Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: --
By:
A r n C. Harp y1.
Ci,ly Attorney o'kti�
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Grace K. Leung
City Manager
CONSULTANT: DUDEK, a California
corporation
Date: z f Z3 fze2
By: _
C�hqie7pExecutive
co
Officer
D.
1
[END OF SIGNATURES]
Exhibit C — Insurance Requirements
DUDEK Page 2
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
DUDEK Page C-1
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory_. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
DUDEK Page C-2
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. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. 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. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. 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
DUDEK Page C-3
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.
F. 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.
G. 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.
H. 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.
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
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
ollowing:
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:
i I:I N►'i
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
Services attached hereto as Exhibit A and
or "Work"). City may elect to delete certain
sole discretion.
3. TIME OF PERFORMANCE
all the services described in the Scope of
incorporated herein by reference ("Services"
Services within the Scope of Services at its
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
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 00/100 ($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
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated 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
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
DUDEK Page 4
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 or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
DUDEK Page 5
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 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
DUDEK Page 6
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 (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
DUDEK Page 7
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 §§ 1090 et seq., 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.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
DUDEK Page 8
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Bob Ohlund
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 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 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
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
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
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
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 Controllinq 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
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 Page 12
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 EY' OFFICE a California municipal corporation
Date: O /to 2 CD Date:
By: _ By:
Aaron C. Harp �o �a Diane 6. Dixon
City Attorney Mayor
ATTEST: r CONSULTANT: DUDEK, a California
Date: �. •d corporation
Date:
Signed in Counterpart
By-_4#0By:
Leilani I. Brown Frank Dudek
City Clerk Chief Executive Officer
Date:
Signed in Counterpart
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
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 EY' OFFICE a California municipal corporation
Dater d (2-0 Date.
By: ('Lk,.G-ew By:
Aaron C. Harp �o �� Diane B. Dixon
City Attorney ���_„w Mayor
ATTEST: CONSULTANT: DUDEK, a California
Date: corporation
Date:
By: By:
Leilani I. Brown
City Clerk ph Monaco
�� (G� President
Date: l t- Dtidek
By:
41 -
Amy Paul
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
DUDEK Pae 13
EXHIBIT A
SCOPE OF SERVICES
DUDEK Page A-1
EXHIBIT A
SCOPE OF SERVICES
16`h 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 16th 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 300 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 panel 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:
1. Project Background and Objectives
2. Generator Sizing, Fuel Type, Appurtenances, Configuration, and Construction Cost (in 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 for 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
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.
F. 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 facilities.
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
suppliers/design for a battery power bank system and present the feasibility of constructing a
battery power bank system in the future at the 16th 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.
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 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
• 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.
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 bond 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 (10) of the shop drawing submittals (25 total submittals).
• 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 (29)
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 (line 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.
EXHIBIT B
SCHEDULE OF BILLING RATES
DUDEK Page B-1
EXHIBIT B
Fee Proposal and Schedule of Billing Rates
16th Street Pump Station Back-up Generator and Upgrades Project Design
Total Not -to -exceed: $311,798.00
DUDEK
2020 STANDARD SCHEDULE OF CHARGES
ENGINEERING SERVICES
Project Director...........................................................................
$290.00/hr
Principal Engineer III...................................................................
$270.00/hr
Principal Engineer II....................................................................
$260.00/hr
Principal Engineer I.....................................................................
$250.00/hr
Program Manager.......................................................................
$230.00/hr
Senior Project Manager..............................................................
$230.00/hr
Project Manager.........................................................................
$225.00/hr
Senior Engineer III......................................................................
$220.00/hr
Senior Engineer II......................................................................
$210.00/hr
Senior Engineer I.......................................................................
$200.00/hr
Project Engineer IV/Technician IV ...............................................
$190.00/hr
Project Engineer III/Technician III ................................................
$180.00/hr
Project Engineer II/Technician II ..................................................
$165.00/hr
Project Engineer I/Technician I ....................................................
$150.00/hr
Senior Designer..........................................................................
$170.00/hr
Designer.....................................................................................
$160.00/hr
Assistant Designer......................................................................
$155.00/hr
CADD Operator III......................................................................
$150.00/hr
CARD Operator II.......................................................................
$140.00/hr
CADD Operator I........................................................................
$125.00/hr
CADD Drafter.............................................................................
$115.00/hr
CADD Technician.......................................................................
$110.00/hr
Project Coordinator.....................................................................
$120.00/hr
Engineering Assistant.................................................................
$115.00/hr
ENVIRONMENTAL SERVICES
Project Director...........................................................................
$245.00/hr
Senior Specialist IV.....................................................................
$230.00/hr
Senior Specialist III.....................................................................
$220.00/hr
Senior Specialist II......................................................................
$200.00/hr
Senior Specialist I.......................................................................
$190.00/hr
Specialist V.................................................................................
$180.00/hr
Specialist IV................................................................................
$170.00/hr
SpecialistIII................................................................................
$160.00/hr
Specialist II.................................................................................
$145.00/hr
Specialist I..................................................................................
$130.00/hr
Analyst V....................................................................................
$120.00/hr
Analyst IV...................................................................................
$110.00/hr
Analyst III....................................................................................
$100.00/hr
AnalystII.......................................................................................
$90.00/hr
Analyst I........................................................................................
$80.00/hr
TechnicianIV................................................................................
$90.00/hr
Technician III................................................................................
$80.00/hr
Technician11.................................................................................
$70.00/hr
Technician I..................................................................................
$60.00/hr
Compliance Monitor......................................................................
$95.00/hr
DATA MANAGEMENT SERVICES
GIS Programmer I.......................................................................
$185.00/hr
GIS Specialist IV.........................................................................
$160.00/hr
GIS Specialist III.........................................................................
$150.00/hr
GIS Specialist II..........................................................................
$140.00/hr
GIS Specialist I...........................................................................
$130.00/hr
Data Analyst III...........................................................................
$100.00/hr
Data Analyst II..............................................................................
$90.00/hr
DataAnalyst I...............................................................................
$80.00/hr
UASPilot....................................................................................
$100.00/hr
CONSTRUCTION MANAGEMENT SERVICES
Principal/Manager.......................................................................
$195.00/hr
Senior Construction Manager .....................................................
$180.00/hr
Senior Project Manager..............................................................
$165.00/hr
Construction Manager.................................................................
$155.00/hr
Project Manager.........................................................................
$145.00/hr
Resident Engineer.....................................................................$145.00/hr
$85.00/hr
Construction Engineer.................................................................
$140.00/hr
On-site Owner's Representative..................................................
$140.00/hr
Construction Inspector III............................................................
$130.00/hr
Construction Inspector II.............................................................
$120.00/hr
Construction Inspector I..............................................................
$110.00/hr
Prevailing Wage Inspector..........................................................
$135.00/hr
HYDROGEOLOGICAL SERVICES
Project Director............................................................................$285.00/hr
Principal Hydrogeologist/Engineer II............................................$265.00/hr
Principal Hydrogeologist/Engineer I .............................................$250.00/hr
Sr. Hydrogeologist IV/Engineer IV ...............................................
$235.00/hr
Sr. Hydrogeologist III/Engineer III ................................................$220.00/hr
$95.00/hr
Sr. Hydrogeologist II/Engineer II ..................................................$205.00/hr
$85.00/hr
Sr. Hydrogeologist I/Engineer I ....................................................$190.00/hr
$90.00/hr
Hydrogeologist VI/Engineer VI ....................................................
$175.00/hr
Hydrogeologist V/Engineer V.......................................................$165.00/hr
$75.00/hr
Hydrogeologist IV/Engineer IV.....................................................$155.00/hr
$70.00/hr
Hydrogeologist III/Engineer III......................................................$145.00/hr
$65.00/hr
Hydrogeologist II/Engineer II........................................................$135.00/hr
$75.00/hr
Hydrogeologist ]/Engineer I..........................................................$125.00/hr
$65.00/hr
Technician...................................................................................
$100.00/h r
DISTRICT MANAGEMENT & OPERATIONS
District General Manager.............................................................$195.00/hr
District Engineer..........................................................................$185.00/hr
Operations Manager...................................................................$160.00/hr
District Secretary/Accountant......................................................$120.00/hr
Collections System Manager.......................................................$135.00/hr
$95.00/hr
Grade V Operator........................................................................$125.00/hr
$85.00/hr
Grade IV Operator.......................................................................$110.00/hr
$90.00/hr
Grade III Operator.......................................................................$100.00/hr
Grade II Operator.........................................................................
$75.00/hr
Grade I Operator..........................................................................
$70.00/hr
Operator in Training......................................................................
$65.00/hr
Collection Maintenance Worker II .................................................
$75.00/hr
Collection Maintenance Worker I ..................................................
$65.00/hr
VISUAL SERVICES
TechnicaUDrafting/CADD Services
3D Graphic Artist.........................................................................$180.00/hr
Graphic Designer IV....................................................................$160.00/hr
Graphic Designer III.....................................................................$145.00/hr
Graphic Designer II......................................................................$130.00/hr
$95.00/hr
Graphic Designer I.......................................................................$115.00/hr
$85.00/hr
PUBLICATIONS SERVICES
Technical Editor III.......................................................................$145.00/hr
Technical Editor II........................................................................$130.00/hr
Technical Editor I.........................................................................$115.00/hr
Publications Specialist III..............................................................$105.00/hr
Publications Specialist II................................................................
$95.00/hr
Publications Specialist I................................................................
$85.00/hr
Clerical Administration..................................................................
$90.00/hr
Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness
will be billed at 2.00 times normal rales.
Emergency and Holidays - Minimum charge of two hours will be billed at 1.75 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 at current IRS allowable rates. Per diem where overnight stay is
involved is charged at cost
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
DUDEK Page C-1
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
DUDEK Page C-2
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
DUDEK Page C-3
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
Reyes, Raymund
From: EXIGIS RiskWorks <notifications@riskworks.com>
Sent: Wednesday, October 30, 2019 8:56 AM
To: Reyes, Raymund
Subject: City of Newport Beach: Notice of Compliance for DUDEK
Dear Business Partner,
The insurance documentation submitted on behalf of DUDEK satisfies the minimum insurance requirements for
City of Newport Beach and has been verified as compliant.
No further action is required at this time. You will receive a renewal notice requesting updated insurance
documents in advance of expiration.
If you have any questions, please contact EXIGIS Risk Management Services at supportkexi ig s.com or 800-
430-1589.
Thank you for your cooperation and timely fulfillment of this important request.
Sincerely,
EXIGIS Risk Management Services
On behalf of City of Newport Beach
800-430-1589
support@exigis.com
Organizational Unit: City of Newport Beach -> Public Works
Agreement Name : 16th Street Pump Station Back Up Generator and Upgrades Design
Agreement Number: 7693-1