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HomeMy WebLinkAboutC-8907-1 - On-Call PSA for Civil Engineering ServicesON -CALL PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR CIVIL ENGINEERING SERVICES THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 26th day of July, 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 3rd Street, Encinitas, California 92024, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide civil engineering and related services on an on-call/as-needed basis ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on July 25, 2025, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Consultant shall perform the on -call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Consultant shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided, 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; and 2.1.3 The estimated number of hours and cost to complete the Services, - 2.1.4 The time needed to finish the specific project. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. 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 and the Letter Proposal, 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 Letter Proposal 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 Thousand Dollars and 001100 ($300,000.00), 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. DUDEK Page 2 4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") may be adjusted by an increase not to exceed 2.0% to the Billing Rates. Consultant shall notify City in writing of any requests for adjustment pursuant to this Section at least thirty (30) days prior to the Effective Date of such adjustment, and provide updated billing rates. Adjusted billing rates shall be approved in writing by City prior to use. The maximum adjustment increase to the Billing Rates, for any year where an adjustment is made pursuant to this Section, shall not exceed 2.0% of the Billing Rates in effect immediately preceding such adjustment. 4.3 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. 4.4 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved in writing in advance by City. 4.5 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal. 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 Russ Bergholz, PE PMP 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. DUDEK Page 3 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. 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, Consultants, or governmental agencies. DUDEK Page 4 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 and employees 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 (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 may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, or the negligent or reckless acts, errors and/or omissions, or the willful misconduct, of Consultant in performance of the Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant's 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 to the extent arising from the negligence, reckless 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. 9.3 Notwithstanding the foregoing, to the extent this Agreement includes design professional services under Civil Code Section 2782.8, as may be amended from time to time, such duties of Consultant to indemnify and defend shall only be to the full extent permitted by Civil Code Section 2782.8. 10. INDEPENDENT CONSULTANT It is understood that City retains Consultant on an independent Consultant 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 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 DUDEK Page 5 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 6 16. SUBCONTRACTING The subcontructors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to City for all acts and omissions of any subcontructors. Nothing in this Agreement shall create any contractual relationship between City and any subcontructors 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 subcontructors other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontructors for purposes of establishing a duty of care between the subcontructors 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 subcontructors, 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 subcontructors, 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 Computer Aided Design and Drafting ("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, or (b) 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 DUDEK Page 7 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 the City in .dwg file format, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. 17.4 All improvement and/or construction plans shall be plotted on standard twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City digital `As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30) days after finalization of the Project. 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 Consultant 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 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. DUDEK Page 8 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 business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. DUDEK Page 9 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: Robert Ohlund DUDEK 605 3rd Street Encinitas, California 92024 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 Consultant/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 10 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 If any of the Work contemplated under the Agreement is considered a "public work", pursuant to the applicable provisions of the Labor Code of the State of California, including but not limited to Section 1720 et seq., not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman shall be paid to all workmen employed on such. 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 In such event, 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 DUDEK Page 11 and qualified to perform public work. 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. 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. DUDEK Page 12 30.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 30.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontructors, employee or applicant for employment because race, religious creed, color, national origin, 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 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 13 Z By: 0 d (� C) a on le. Harp City Attorney ATTEST: Date. By: Leilani I. Bro n City Clerk CITY OF NEWPORT BEACH, a California 7icipal corporation Date: 1l 3(z-i Kevin Mu Mayor CONSULTANT: corporation Date: By: DUDEK, a California Signed in Counterpart Robert Ohlund Vice President Date: By: Signed in Counterpart Amy M. Paul Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements DUDEK Page 14 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:?/ 3/2L By: A ron C. Harp -7 i3(tiz. City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONSULTANT: DUDEK, a California Date: atio� ? Date: a By: 9�i+u"-d-moo se -Pk Monaco President +CEO Date: 2j Z,Z � I � [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates Exhibit C - Insurance Requirements DUDEK Page 14 EXHIBIT A SCOPE OF SERVICES ON -CALL CIVIL ENGINEERING Civil Engineering services shall include conceptual and final design of a wide variety of City capital improvement and maintenance projects. The Consultant shall have the ability to provide in-house services, or capacity to subconsultant, for the following areas: ■ Provide full plans, specifications, and estimates for a broad -range of civil engineering disciplines. ■ Provide cost estimating and value engineering services ■ Provide bid support and preparation of record drawings ■ Provide construction support, administration, and management services ■ Provide construction traffic control concepts and plans ■ Provide project -specific professional surveying services ■ Review public/private development plans and maps ■ Provide regulatory permitting support ■ Prepare various studies and supporting documentation, including hydrology and hydraulic analysis, water and sewer studies and network analysis ■ Prepare/review NPDES reports, Water Quality Management Plan (WQMP) and Storm Water Pollution Prevention Plans (SWPPP) ■ Prepare maps and legal descriptions for right-of-way acquisition and easements ■ Other engineering -related tasks, as necessary Consultant shall perform the on -call services described in the Scope of Services. Upon written request from the City Project Administer or designee, Consultant shall provide a letter proposal for specific services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include, but is not limited to, the following: ■ A detailed description of the Scope of Services to be provided; ■ The Contract number; ■ The Title/Position of each person who will be performing the work; ■ The hourly rates of each provider; and ■ Any anticipated consumable, material, or ancillary cost to perform the services. DUDEK Page A-1 1 Cover Letter Aprilo 6, 2022 Submission via electronic upload to Planet8ids Michael I Sinacori, P.E., MPA Assistant City Engineer City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: On Call Professional Civil Engineering Services, RFQ No. 22-51 Dear Mr. Sinacori, Dudek understands that the City of Newport Beach (City) is requesting proposals from qualified firms to provide comprehensive professional civil engineering services on an on-call/as-needed basis. The City has requested that we have the ability to provide the following (and potentially other) key services: ■ Roadway improvements/widening ■ Right-of-way acquisition ■ Storm drain and tide gate/valve ■ Seawall/bulkhead ■ Sewer improvements, including lift stations and supporting facilities ■ Water improvements, including transmission/distribution/treatment facilities ■ Streetlight/electrical ■ Structural ■ Environmental ■ Traffic control ■ Water quality/resources ■ Hydrology ■ Surveying ■ Value Engineering Dudek's range of professional staff offers a full suite of services to support the life cycle of any project, from planning, design, permitting and environmental compliance, to construction management and facility operation, making Dudek the perfect fit to provide on call civil engineering services to the City. Based on our understanding of the City's RFP, we believe the City will benefit from the ability of the Dudek team to quickly respond to your needs, identify solutions, assemble the required resources and prepare quality deliverables. Our proposed team is comprised of experienced site civil, water, wastewater, and recycled water engineers who are currently working together on the Bay Crossing Water Transmission Mains Project or have recently completed an array of projects together. Dudek offers the City the following advantages: Efficient On -Call Engineering Services. The key to extension of staff services is seamless integration into the City's processes. Our professionals are skilled at understanding how your team and processes work and applying our expertise within that structure. The result is maximized efficiency without sacrificing valuable time and energy. Our method of integration has led to more than 180 successful municipal on call / as - needed / extension -of -staff contracts, some lasting more than 18 years. On Call Professional Civil Engineering Services, RFQ No. 22-51 1 DUDEK Team Personnel that Know and Understand City's Needs. Our proposed Project Manager and Principal Engineer, Russ Bergholz and Wastewater Task Manager Neil Harper, are now or have recently served as project managers on two City infrastructure design projects. Our project team is familiar with City's personnel, standards, and procedures. Our proposed team includes technical task leads and multiple engineers for each area of expertise, allowing us to build the right team for each assignment and tackle multiple concurrent task orders. Dudek also has a vast array of collateral services, including full -service environmental and construction management divisions, providing a one -stop shop on which the City can confidently rely. Relevant Design Experience. The Dudek team has a distinguished history of delivering projects to the City and other southern California municipalities and agencies. Our submittal outlines a summary of similar on - call project experience, including: ■ Water, sewer and recycled water infrastructure design and rehabilitation; ■ Pump/lift station design for large and small water, recycled water, and wastewater flows; ■ Pipeline design, including a wide range of materials and trenchless techniques for challenging alignments; ■ Trenchless sewer rehabilitation using conventional and reinforced CIPP liners and various manhole lining techniques; ■ Drainage studies and storm drain design, stormwater and flood control infrastructure rehabilitation, design, and modeling using an array of modeling techniques including complex 2D hydraulic simulation of sub -surface and surface flooding; ■ Regulatory permitting and a full suite of environmental services for California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), and Coastal Commission requirements. Close Proximity to City Offices. Dudek has a local office in San Juan Capistrano and a main office in Encinitas; both are just a short drive to your Newport Beach offices and facilities. With 450+ available staff in this area, Dudek is ready to provide the City with all services required for the successful completion of the City's Tasks. Further, Dudek holds a current City of Newport Beach Business License. Advance notice requirements - Ability of your firm to provide service on short notice. Because Dudek has 450+ local staff, Dudek's usual turnaround time is 24-hours. In cases of emergency, we have mobilized response in just a few hours. We take extremely good care of our clients! We enjoy working with the City and staff, and thank you for the opportunity to submit our proposal. Russ Bergholz will serve as the primary contact and project manager for this contract. If you have any questions or wish to discuss our statement of qualifications, please contact Russ at 760.479.4107 or at rergholz@dudek.com. SincerQ171_,7 _-, L��o Russ Bergholz, P.E., PMP Project Manager Bob Ohlund is authorized to sign on behalf of Dudek. Bob Ohlurid,P.E. " Vice President of Engineering On Call Professional Civil Engineering Services, RFQ No. 22-51 History Dudek Overview Dudek Services The firm was founded in 1980 in Encinitas, California as a small civil engineering consulting practice working for municipal wastewater agencies and private land developers in San Diego County. The firm steadily grew its civil engineering practice through the 1980s, expanding throughout Southern California. In 1990, Dudek started an environmental practice in response to expanding state and federal environmental regulations. Primarily through organic growth and limited acquisitions of small firms, Dudek has grown to a 740+ person multi -discipline environmental and engineering firm with offices throughout the United States. Dudek is ranked as one of the Top 120 U.S. Environmental Firms (Engineering News -Record, 2021). Joe Monaco serves as president and CEO. Dudek has 42 years in business under the present business name; no prior business names, and 42 years of experience providing the proposed, equivalent or related services. Dudek has no conditions (e.g., bankruptcy, pending litigation, planned office closures, mergers) and organizational conflicts of interest that may affect the ability of the proposer to perform the required duties. Dudek is not debarred, suspended, or otherwise declared ineligible to contract with any other federal, state, or local public agency. nar lal5ta! iiity Dudek is an employee -owned corporation that has been profitable each year since its founding in 1980. The firm is in sound financial condition and has no financial issues that would impede our ability to provide the services sought for this contract. Dudek has a strong, experienced, fiscally ■ Civil Engineering., Roadways, Streets, Pavement, ADA, ROW, Lighting, Security ■ Construction Management, Monitoring, and Inspection ■ Water, Recycled Water and Wastewater Infrastructure Planning & Design ■ Groundwater, Stormwater and Natural Resources Monitoring, Planning and Design ■ Hydrology & Hydraulics ■ Water Conservation Planning ■ CEQA/NEPA Compliance ■ Agency Permitting ■ SRF, Grant Applications and Administration ■ Biological Surveys and Monitoring ■ Cultural Resources ■ Environmental Planning ■ Habitat Restoration and Management ■ Urban Forestry ■ Wildfire Protection Planning responsible management team, allowing the firm to finance operations with internally generated funds. Early on, the firm enabled direct purchase of shares by employees. In addition, the firm started an employee stock ownership plan (ESOP) in the early 2000s, and has regularly funded the ESOP from profits. As a result, the company continues to successfully fund ownership transfer and function as an independent, employee -owned firm. Professional Engineering Services Dudek engineers plan, entitle, and design land development and infrastructure projects throughout the state. Our project managers understand the importance of adhering to tight regulations, aggressive schedules, and narrow budgets, while navigating and complying with conditions of approval to planning and design projects that are technically practical, economically viable, and On Call Professional Civil Engineering Services, RFQ No. 22-51 4 realistic given the regulatory environment. Dudek offers LEED-accredited staff trained to create environmentally sensitive and low -impact designs that accomplish the desired results and produce sustainable infrastructure. During our over 42 years, Dudek's range of services has expanded to support the life cycle of a project, from planning, design and environmental compliance, to construction management and facility operation. We understand the importance of adhering to tight regulations and narrow budgets and know how to provide exemplary services within these constraints to produce sustainable infrastructure. From project inception to project closeout, our project managers will be with you every step of the way. Our goal is to deliver a finished project that exceeds client expectations. Diverse Capabilities Dudek is a medium-sized firm. We are small enough for project managers to make nimble decisions, quickly draw from our pool of technical resources, and stay engaged with you from project start to finish. We are large enough that our diverse staff id—k aiitorr-lia Office Locations DUDEK can tackle a spectrum of engineering and environmental challenges. Our depth and breadth of experience means we can quickly assemble and mobilize the appropriate level of service to match your project needs and budget. Our 740+ person in- house team includes: ■ Licensed professional engineers ■ AICP-certified environmental planners ■ CDFW- and USFWS-certified biologists ■ Registered professional archaeologists ■ Registered landscape architects ■ Registered environmental assessors ■ Certified arborists and foresters ■ Professional foresters ■ Noise and air quality specialists ■ Accredited LEED professionals ■ Certified GIS professionals ■ Certified hydrogeologists ■ Certified Floodplain Managers ■ Licensed geologists ■ Licensed contractors San Diego - Headquarters Bakersfield Central Coast 605 Third Street 1701 Westwind Drive 621 Chapala Street Encinitas, CA 92024 Bakersfield, CA 93301 Santa Barbara, CA 93101 Coachella Valley Inland Empire Los Angeles 78-075 Main Street, Suite G-203 3615 Main Street 38 North Marengo Avenue La Quinta, CA 92253 Riverside, CA 92501 Pasadena, CA 91101 Oakland Orange County Sacramento 1630 San Pablo Avenue, Suite 300 27372 Calle Arroyo 1102 R Street Oakland, CA 94612 San Juan Capistrano, CA 92675 Sacramento, CA 95811 San Diego Liberty Station Santa Cruz Sierra Foothills 2280 Historic Decatur Road, 725 Front Street, Suite 400 853 Lincoln Way, Suite 208 Suite 200 San Diego, CA 92106 Santa Cruz, CA 95060 Auburn, CA 95603 On Call Professional Civil Engineering Services, RFQ No. 22-51 5 Project Cha rt Stru ctu re Dudek will serve as prime consultant, providing overall management and coordination with City staff. Mr. Russ Bergholz, PE, PMP, will serve as the Principal/Project Manager, overseeing the development and execution of the projects, tracking budgets and schedules, and serving as the main point of contact for the City's project manager. Mr. Bergholz leads Dudek's Water Infrastructure Group and has 25 years' experience in the planning, design, and construction of water, wastewater and recycled water infrastructure. Mr. Bergholz will ensure all resources are being used to complete the projects on time and budget. He understands the importance of good communication, being solution - oriented, and efficient multi -tasking. Mr. Bob Ohlund, PE, a Vice President of Dudek, will oversee Quality Assurance/Quality Control. For over 38 years, he has managed and designed water resource, water, wastewater, and recycled water infrastructure projects. Mr. Ohlund will assure the review of all deliverables by independent technical experts prior to submission to the City. Organization Mr. Bergholz and many Dudek team members have delivered multiple projects for the City and will maintain this continuity for the on -call professional civil engineering services contract. The expertise shown in our organization chart represents a fraction of the total extent of services available from Dudek. Should a task arise outside of Dudek's area of expertise, Dudek will coordinate with the City to utilize one of the City's approved subconsultants or will contract with a trusted Dudek subconsultant familiar with City work. Our management team is supported by a collaborative group of experienced engineers and design professionals. Our Task Managers are industry leaders in their field. On the following page, Figure 1 illustrates our team's organizational structure and team communication for the contract. Overview resumes for key staff follow, with full resumes available upon request. Workload & Availability of Key Staff Table 1 below outlines our workload and availability for key staff members. Table 1. Workload and Availability Team Member - Russ Bergholz, PE, PMP Principal/Project Manager 40% 60% Bob Ohlund, PE QA/QC 20% 80% Amanda Combs, PE Water Task Manager 40% 60% Neil Harper, PE Wastewater Task Manager 40% 60% Elizabeth Caliva, PE Recycled Water/IPR Task Manager 40% 60% Nicole Rieger, PE, QSD Drainage/Design/Hydrology & Hydraulics 40% 60% Charles Greely, PE, LEED AP, QSD Roadways/Traffic/Street Lights/ROW 40% 60% On Call Professional Civil Engineering Services, RFQ No. 22-51 QUALITY CONTROL Bob Ohlund, PE WATER WASTEWATER Amanda Combs, PE Neil Harper, PE Pipelines Kate Palmer, PE Amanda Combs, PE Justin Scheidel, PE Olivia Ready, EIT Agata Bugala, EIT Trenchless Technologies Russ Bergholz, PE, PMP Kate Palmer, PE Pump/Lift Stations Neil Harper, PE Brandon Lacap, PE Brian Robertson, PE, QSD Ian Crane, PE Sewer Rehabilitation Amanda Combs, PE Sindos Nuhaily, CMIT, ENV SP Agate Bugala, EIT Courtney Carr, EIT Condition Assessment Amanda Combs, PE Phil Gion, PE Brandon Lacap, PE Brian Robertson, PE, QSD Courtney Carr, EIT Recycled Water Planning Elizabeth Caliva, PE Michael Metts, PE Greg Ripperger, PE Hydraulic Modeling Hanna Dodd, PE Kasey Harvey, PE Shannon Brown, PE, QSD Jenny Li, EIT CEQA/NEPA & Regulatory Permitting Support Carey Fernandes, AICP zt aEW PO�,T U yRn, z eac i Cg4pppN�P'a PRINCIPAL/ PROJECT MANAGER Russ Bergholz, PE, PMP TASK MANAGERS RECYCLED WATER/IPR Elizabeth Caliva, PE PROJECT TEAM / ROLES Drainage Design/ Rehabilitation Nicole Rieger, PE, QSD Jan O'Brien, PE Josh Cato, PE Shannon Brown, PE, QSD Sofie Black, EIT Stormwater Management Bryn Evans, CPSWQ Nicole Rieger, PE, QSD Shannon Brown, PE, QSD Sofie Black, EIT Surface Water, H&H Charles Greely, PE, QSD Nicole Rieger, PE, QSD Jan O'Brien, PE Josh Cato, PE DUDEK DRAINAGE/DESIGN/H&H SITE CIVIL Nicole Rieger, PE, QSD Charles Greely, PE, LEED AP, QSD Developer Services/ Plan Check Justin Scheidel, PE Armando Magana, PE, LS Elizabeth Caliva, PE Olivia Ready, EIT Sindos Nuhaily, CMIT, ENV SP Cost Estimation/ Value Engineering Justin Scheidel, PE Brandon Lacap,PE Servando Diaz, PE Michael Metts, PE Construction Support Kate Palmer, PE Brandon Lacap, PE Justin Scheidel, PE Sindos Nuhaily, CMIT Olivia Ready, EIT Site Civil/Roadways/ Streets/Pavement/ADA/ Grading/Surface Water Charles Greely, PE, LEED AP, QSD Armando Magana, PE, LS Jen O'Brien, PE Hifzeen Ali. PE Subconsultants Dudek will use subconsultants from the City's on -call list or respected subconsultants with whom we have previously worked. ALL subconsultants are subject to City approval On Call Professional Civil Engineering Services. RFQ No. 22-51 7 Qualifications ■ 25 years of experience in management, planning and infrastructure design ■ Leads Dudek Water Group; strong skills and proven record in tracking, monitoring, delegation, and subconsultant coordination ■ Expertise in trenchless design construction methods including HDD, slip lining, microtunneling, cured in place, and jack and bore ■ Well known to City Related Experience ■ City of Newport Beach, Bay Crossing Water Transmission Mains and Sewer Main Subaqueous Replacement ■ City of Oceanside, Planning and Design of Upper and Lower Recycled Water System ■ Moulton Niguel Water District As Needed Consulting Services ® City of Oceanside As Needed Design Services ■ Padre Dam MWD As Needed Engineering ■ OCSD As Needed Engineering Design Services Education/License(s) Civil Engineer, CA No. 59396 PMP No. 14722209 BS Civil Engineering Qualifications ■ 37 years of engineering consulting experienced focused on developing creative and sustainable solutions to infrastructure ■ Pipelines: up to 60-inch transmission mains ■ Pump Stations: 12 pump stations up to 25 cfs/350 hp ■ Expertise in system planning and hydraulic analysis ■ Established relationship with the City Related Experience ■ City of Newport Beach 16th Street Pump Station Backup Generator and Upgrades ■ City of Oceanside, Planning and Design of Upper and Lower Recycled Water System ■ Moulton Niguel Water District As Needed Consulting Services ■ MWDOC, Planning Level Reliability Analysis ■ EMWD, Goetz Road Tank and Pipeline Design ■ SCWD, As Needed Engineering Services ■ SCWD, Dana Point Town Center Infrastructure Improvements ■ EMWD Mtn Ave West Basins Education/License(s) Civil Engineer, CA No. 41006 BS Civil Engineering DUDEK Qualifications ■ 20 years of experience in planning and design of water, wastewater, and recycled water infrastructure ■ Expert in trenchless design sewer rehabilitation ■ Strong mechanical design experience including pump stations, reservoirs, and treatment facilities Related Experience ■ Padre Dam MWD, As -Needed CIP Engineering Services ■ City of San Diego El Monte Pipeline ■ City of Oceanside, Morro Hills No. 1 and 2 Reservoir Repairs and Booster Pump Station ■ Santa Margarita Water District, Aufbenkamp Transmission Main Relocation ■ City of Oceanside, Planning and Design of Upper and Lower Recycled Water System Education/License(s) Civil Engineer, CA No. 67287 MS Environmental Engineering BS Civil/Environmental Engineering On Call Professional Civil Engineering Services, RFQ No. 22-51 8 Qualifications ■ 22 years' experience in project management, engineering, planning, design, and construction support services for a variety of municipal and public agency projects ■ Specific areas of practice include water, wastewater, and water reuse systems. ■ Experience includes wastewater distribution and treatment facilities and lift stations Related Experience ■ City of Newport Beach 16th Street Pump Station Backup Generator and Upgrades Project - Phase 2 (2020) ■ South Coast Water District, As Needed Engineering Services ■ South Coast Water District Dana Point Town Center W/WW/RW Improvements ■ City of Oceanside As Needed Engineering Services ■ Vista Irrigation District, E Reservoir and Booster Pump Station ■ Padre Dam MWD As Needed Engineering CIP Projects Education/License(s) Civil Engineer, CA No. 63228 BS, Bio-Resource and Agricultural Engineering Qualifications ■ Over 18 years of modeling and master planning experience ■ Experienced computational hydraulics and environmental fluid mechanics, design and modeling of water, wastewater, and recycled water distribution systems ■ Expertise in InfoWater and InfoSewer for development of modeling ■ Understands the District's Water and System Evaluation and Planning Criteria Related Experience ■ City of Oceanside, Citywide Planning and Design of Upper and Lower Recycled Water System ■ Moulton Niguel Water District, As Needed Hydraulic Modeling Services ■ Master Planning, Cities of Pasadena, San Marino, Chino & many others ■ City of San Juan Capistrano, RW Conversion Program ■ Irvine Ranch Water District As Needed Developer Services ■ EMWD As Needed Hydraulic Modeling Education/License(s) Civil Engineer, CA No 64331 MS Water Resources Engineering BS Environmental Engineering DUDEK Qualifications ■ 19 years' experience specializing in floodplain, drainage, and stormwater quality design and analysis ■ Engineers and manages projects from preliminary design through construction ■ Extensive experience as a drainage and stormwater design lead on municipal, roadway, and private development projects ■ Well versed in stormwater quality/management requirements ■ Related Experience ■ City of Oceanside, Citywide Recycled Water System ■ City of Carlsbad, Park Drive Drainage Improvements ■ City of San Diego, As Needed Emergency Storm Drain Projects ■ City of Encinitas, Coast Highway Green Streets and Sidewalk Improvements Projects ■ City of Laguna Beach Flood Channel Improvements ■ City of San Marino Stormwater System Condition Assessment Education/License(s) Civil Engineer, CA No. 70782 QSD, No. 24471 BS Civil Engineering On Call Professional Civil Engineering Services, RFQ No. 22-51 9 Qualifications ■ 24 years' experience experience with public and private entities on infrastructure improvement projects throughout CA ■ Diverse skill set, having provided management and design services on water resource, environmental mitigation and restoration, stormwater management and quality control, transportation, and site development projects ■ Specializes in the application of low -impact development techniques for infrastructure improvement projects Related Experience ■ Eastern Municipal Water District Mtn Avenue West Basin Design and Mtn Ave East Recharge Basins ■ City of La Qu i nta - 12+ street, park, pavement, ADA and civil design projects ■ City of Carlsbad Park Drive Drainage Improvements ■ City of Yucaipa Dunlap Boulevard Bridge Removal and Replacement Crossing at Wilson Creek Channel ■ Big Bear Alpine Zoo, Big Bear Valley Recreation and Park District Related Experience, cont. ■ City of Laguna Beach Laguna Canyon Channel Culvert Flood Alternative Study ■ Riverside County Flood Control & Water Conservation District, Mockingbird Canyon Drainage Improvement Project ■ City of Pasadena Water & Power Arroyo Seco Canyon Project ■ Aqua Caliente Band of Cahuilla Indians, South Palm Canyon Improvements -Phase III ■ Coachella Valley Water District WRP7 Percolation Ponds ■ City of San Diego Midway Street Bluff -Storm Drain and Slope Repair Project ■ Education/License(s) ■ Civil Engineer, CA No. 69056 Certified LEED AP (USGBC) Qualified SWPPP Developer (QSD), No. 69056 BS, Civil Engineering DUDEK Subconsultant Participation The expertise shown in our organization chart represents a fraction of the total extent of services available from Dudek. Should additional task needs arise, Dudek will supplement the team with in-house expertise or enlist the services of subconsultants from the City's On Call List(s). Alternatively, Dudek has a wide array of trusted firms with whom we have long-term relationships; they have made significant contributions to successful projects. ALL subconsultants are subject to City approval. Following are proposed subconsultants and their specialties: ■ Converse Consultants Geotechnical ■ Guida Surveying - Survey & Mapping ■ Kelsey Structural Structural ■ ProjectLine Technical Electrical/SCADA ■ Traffic Management Inc. Traffic Control ■ Underground Services, Inc. Potholing & Utilities On Call Professional Civil Engineering Services, RFQ No. 22-51 10 Expertise Dudek's team is highly accustomed to providing exceptional services to a wide range of municipal customers with an equally wide range of project sizes. The following items summarize the major components of Dudek's approach to engineering projects: Planning and Design Development Dudek is skilled in the preparation of project/task order planning and schematic design. A successful project/task order begins with gaining a thorough understanding of the issue and the City's definition of task order critical success factors (i.e. the barometer of performance to meeting the goals and expectations). Quality engineering starts with gaining a thorough understanding of the problem and the client's critical success factors (i.e. the barometer of how we are performing towards meeting the goals and expectations of our client). For example, a critical success factor for a water reservoir repair project that Dudek designed for the City of Oceanside was to complete repairs to the first tank before the high demand summer season. This goal necessitated a fast -track project design schedule. Dudek best achieves an understanding of the project/task and client goals through face-to-face meetings, listening carefully to you, and visits to the project site(s) by key team members. These early discussions will address critical topics such as budget and schedule constraints, constructability, environmental issues, standardization, and public acceptance. Our teams will be prepared to offer solutions with experience to back them up. During a project for Chino Basin Desalter Authority, Dudek designed a new 30-inch diameter steel pipeline using trenchless horizontal directional drilling methods crossing environmentally sensitive habitat under the Santa Ana River, which completed the product water pipeline project. The project understanding/development phase will culminate in preparation of a detailed project plan. The plan will incorporate a scope of work, schedule, and work breakdown structure (fee table with staff hours by task). For detailed design projects, lists of drawings and specifications to be prepared will also be included. Permitting Required permits can greatly affect the cost and schedule of a project. Identifying potential permits early during project planning/schematic design is critical for efficient processing of required permits. Dudek will conduct a permit evaluation at the start of each task order and coordinate with City staff to develop a project implementation strategy that considers permit constraints with a focus on avoidance. The evaluation will include encroachment permits for entities such as Caltrans, energy utilities, and railroads, pavement moratoriums, and environmental resource agency permits such as with Army Corps of Engineers, California Department of Fish and Wildlife, and Regional Water Quality Board. We have relationships with staff at these agencies and are used to working with these staff to acquire permits. In many cases, the project design can proceed in a way that minimizes or better facilitates permitting, such as utilizing trenchless construction methods for pipelines to avoid environmentally sensitive areas. Our approach to permits includes contacting the approving entity early to inform them of the project and gather requirements and constraints and submitting complete applications in a timely manner. Environmental Service If needed, Dudek has environmental planning experts who have prepared more than 3,800 CEQA/NEPA documents for large and small projects throughout California. We have in-house expertise available to conduct air quality and greenhouse gas On Call Professional Civil Engineering Services, RFQ No. 22-51 11 (GHG) emissions reports, cultural and historic resources evaluations, biological resources reports, and noise studies. Dudek's environmental specialists work collaboratively with clients, regulatory agencies, and the public to clearly define project objectives and appropriate processes. We apply practical knowledge of CEQA and NEPA to help lead agencies comply with current laws, regulations, and case law. Our team expedites complex project processing by designing and maintaining realistic document schedules, adhering to consistent communication protocol, leveraging our longstanding agency relationships, and anticipating potential issues as soon as possible. Hydraulic And Hydrologic Resource Assessment Dudek's surface water specialists help clients achieve project goals, control costs, and comply with regulatory standards on a variety of projects ranging from single streams to large-scale projects involving multiple watersheds. Applying the right resources to surface water projects is tied integrally to the project setting and objectives. We offer comprehensive surface water services and expertise in highly technical surface water subspecialties for a broad range of environmental, engineering, and permitting projects. We also offer the most advanced numerical modeling services for hydrologic, hydraulic, and sediment transport studies. Additionally, we provide groundwater development, reservoir modeling, and GIS implementation services. Hydrology ■ Drainage and stream network planning ■ Watershed flood control, stormwater, and planning ■ Dams and reservoirs ■ Risk and post flood damage assessments DUDEK Hydraulic ■ Storm drainage systems ■ Hydraulic structures ■ Bridge piers, abutments, and culverts ■ Streambed stabilization ■ Levees, erosion control, and bank protection ■ Flood control facilities Water Quality ■ Stream bank and channel stabilization ■ Bioengineering ■ Stream and wetland restoration plans ■ Natural channel and open space surface water conveyance ■ Fluvial systems and sediment transport Hydrology is the foundation of all water resources studies. Knowing the volumes, flow rates, and timing of runoff is critical for determining the sizing of reservoirs and conveyances and long-term water supplies. Dudek has conducted many hydrologic studies for flood control districts, municipalities, and developers throughout Southern California. Hydraulic structures (both natural and engineered) play an important role in watershed control. Dudek has conducted numerous hydraulic analysis studies on natural creeks and rivers, ephemeral systems, engineered channels, dams, and pipelines for various agencies. Surface water systems are often complex, requiring a detailed understanding of the entire system to provide accurate and appropriate assessment of the existing and future conditions. Many systems include natural streams and rivers that must be protected from degradation related to changes in flow rates, timing, and volumes. This type of study often requires hydrologic, hydraulic, and sediment transport analysis to prevent damage to existing or proposed facilities. Dudek specializes in preparing stormwater assessments and design using proven, lasting, low - On Call Professional Civil Engineering Services, RFQ No. 22-51 12 maintenance, and low -impact development techniques. Our expertise in engineering, biology, and landscape architecture produces designs that are functional, aesthetic, and compliant with regulations. Specifically, we offer the following: ■ Floodplain and floodway delineation ■ Floodwater inundation analysis ■ Dam break analysis ■ Hydrologic, watershed, and floodplain modeling ■ Hydraulic channel and systems modeling ■ Groundwater recharge and coupled groundwater -surface water models ■ Runoff contaminant quality modeling ■ Sediment transport modeling ■ Alluvial fan analysis ■ Computational fluid dynamics Delivering Water/5e,,rver/Re, ycied \Hater Pipeline Rehabilitation and Replacement Projects The Dudek team brings engineering expertise in all facets of pipeline projects, including small to large diameter replacements and rehabilitation using the full range of Greenbook methods (as well as reinforced CIPP liners for pressure pipes). We are experts in trenchless construction methods and have successfully completed large horizontal directional drill (HDD), microtunneling, auger boring, and CIPP lining and slip lining projects to minimize impacts to the public and environment. We have all -encompassing experience designing pipeline replacement projects for water, wastewater, and recycled water, involving a variety of pipe materials and site conditions. We have successfully navigated the full spectrum of pipeline replacement challenges, such as the City of Pasadena sewer rehabilitation program, which involved the rehabilitation of over 160,000 If of sewer pipe using CIPP in densely populated residential areas. In addition, our pipeline design engineers understand the importance of accurate depiction of critical buried infrastructure to avoid conflicts in the field. We emphasize thorough record drawing research, DUDEK coupled with field walks, supplemental potholing, and careful mapping to minimize change orders. Our team understands constraints related to removing and disposing of asbestos cement pipe, as well as connecting new piping to it. During the March Air Reserve Base Water Pipeline Improvements project for Western Municipal Water District, Dudek evaluated alignment alternatives and provided engineering design services for several critical areas in the system due to poor condition and corrosion. Major elements of the project included, traffic control, minimization of shutdowns, coordination with MARE, and permitting. ■ Large diameter pipeline improvements present a unique set of challenges, such as: ■ Pipe materials such as cement mortar lined and coated steel that must be custom engineered and fabricated ■ Little flexibility for field changes due to utility conflicts ■ Cathodic protection to extend the life of a costly and critical underground asset ■ Slower installation increases impacts to traffic and surrounding communities ■ Access structures in large diameter water mains ■ Odor control in large diameter sewers ■ Complicated shutdowns and flow diversions to minimize disruptions to service and protect the environment from spills, etc. The Dudek team has tackled these issues successfully on many projects, such as pipeline design adjustments project for Moulton Niguel Water District, which involved a water main relocation within a creek and under an 1-5 overpass, protection of an existing water main passing under a bridge being widened, a sewer casing extension, and numerous miscellaneous smaller conflicts along the project corridor. Design of all the components required extensive coordination with Caltrans. Dudek provided Moulton Niguel Water District with streamlined solutions that reduced cost and permitting complexities. In addition, our pipeline design engineers understand the On Call Professional Civil Engineering Services, RFQ No. 22-51 13 DUDEK importance of accurate depiction of critical buried infrastructure to avoid conflicts in the field. We emphasize thorough record drawing research, coupled with field walks, supplemental potholing, and careful mapping to minimize change orders. Delivering Water and Wastewater Facility Improvement Projects Our team includes task managers and engineering staff proficient in the design and rehabilitation of water and sewer facilities, such as pump stations, pressure reducing stations, storage tanks, treatment processes and diversion structures. These projects require a greater degree of interdisciplinary coordination, as they typically involve electrical, SCADA, structural, and sometimes architectural designs. We have successfully coordinated all these disciplines and see our trusted subconsultants as an extension of our staff. We actively participate in organizations such as the Southern California Alliance of Publicly Owned Treatment Works (SCAP), California Water Environment Association (CWEA), and American Water Works Association (AWWA), which keeps our staff informed on new technologies and industry trends and allows us to better serve our clients. Dudek recently designed improvements to Padre Dam Municipal Water District's Influent Pump Station (IPS) Wet Well due to significant concrete corrosion. Dudek assessed the condition of the structure and piping, reviewed previous wet well inspection reports and photos, and worked closely with the District to develop an approach to the work that met their budget and schedule requirements. Additionally, contract documents included a 10 MGD sewage bypass pumping system during the one month construction. The project was successfully constructed in 2018. Delivering Sanitation and Treatment Facilities Projects Dudek's treatment group proudly delivers projects that shape California's water initiatives including clean water, water recycling, and water supply. Confronted with ever more stringent regulations and increasing water shortages, our team of engineers, scientists, operators, and managers implement sustainable solutions to improve the quality of life for the communities we serve. Project owners benefit from our extensive resources including experts in physical, chemical, and biological processes. Dudek's team of highly qualified professionals routinely assesses treatment operations and assist owners in obtaining improved efficiencies and long-term cost savings. For example, Dudek provided professional engineering services involving the replacement of the wastewater solids handling facilities at the Coachella Valley Water District's WRP 7. Dudek's engineering design services will include a new solids handling facility, complete with sludge holding tank, odor control, new truck scales, polymer storage and feed pumps, and solids thickening/dewatering and conveyance facilities. Delivering Treatment Facility Optimization and Rehabilitation Dudek engineers are specialists in identifying and implementing optimization measures through operation and maintenance strategies and/or design of physical improvements. We effectively balance the needs, experience, and concerns of plant 0&M staff with management goals, expectations, and budgets. This balance is achieved by capturing treatment issues and concerns in workshops with 0&M staff and vetting them against objective engineering and data analysis, modeling, and performance metrics. In our experience, there are typically several process challenges that manifest due to a lack of effective process monitoring and control data, misinterpretation of the data, or insufficient data. We provide responsive, cost-effective, and operations -focused engineering services customized to meet the specific needs of our clients and their 0&M staff. Our flexibility and desire to focus on facility intricacies makes us well suited for as - needed engineering contracts. On Call Professional Civil Engineering Services, RFQ No. 22-51 14 DUDEK Delivering Stormwater and Groundwater Projects Our engineers and hydrologists provide services from flood control infrastructure planning, design, and conjunctive use to natural drainage feature creation, watershed management, and water quality permit compliance to plan and design projects that optimize valuable surface water assets while reducing risks to infrastructure and property. Our engineers excel at the planning, modelling, design, and management for surface water and stormwater infrastructure, as well as natural watershed systems. Our diverse experts integrate innovative technology for numeric modeling, source and conveyance assessment and control, low -impact development techniques, and quality enhancements, reducing reduce flood risk and protecting beneficial uses. In addition, our engineers and hydrogeologists provide planning, analysis, and design experience in hydrogeology, groundwater recharge facilities, linear infrastructure, pump station and groundwater wells. Drought conditions require water agencies to maximize limited resources. Conjunctive use, or the coordination between surface and groundwater resources, can be an effective means to improve overall water supply reliability. For example, Dudek recently completed the design for the 50-acre Mountain Ave West Recharge Basin for Eastern Municipal Water District. Located in a residential neighborhood, reducing operational impacts and risks associated with the recharge facility was a critical component of the design. We help water agencies utilize non -local or imported sources to quantify recharge volumes and then withdraw amounts specific to those deposits when the need arises. Conjunctive use allows you to maximize natural sources of recharge, banking surface water runoff when abundant during wet years for use during dry years. Providing Bid and Construction Support Services We routinely provide bidding and construction support services to our clients. We understand that time -sensitive nature when questions and issues arise during bidding and construction. Chuck Greely will prioritize requests for assistance, providing in - person support and responding to RFIs and shop drawing submittals in a timely manner that meets or exceeds task order requirements. For the emergency repair projects, we were able to turn around RFIs in less than 24 hours in most cases and met with the contractor and resident engineer regularly to ensure they had the information they needed when they needed it. Our primary objective is for your project to be successfully bid and constructed on time and within budget. Error Mitigation Commonly, the quality control review process avoids design errors and/or omissions. In the rare event of error identification in the project construction phase, time is of the essence. Upon notification, Dudek staff will immediately assume the lead in an investigation of the situation. The primary goal is to keep the project moving forward, maintain project safety, and minimize downtime by the contractor. Time is money. Dudek will coordinate a field meeting with the City Contractor, Vendors, Construction Management team and other stakeholders to brainstorm and investigate the best solution as quickly as possible. Once the appropriate corrective action has been determined, Dudek will assist in researching the root cause of the error. Trust is a foundational characteristic of Dudek, and we will do all that is necessary to mitigate the situation while maintaining trust with the City. In addition to being highly reactive and assuming the investigative lead, Dudek has been successful approaching the construction process with Contractors as a supporting partner, open and eager to identify means to assist the Contractor to streamline construction while adhering to the specifications of the work. We have found that building trust has led to improved construction efficiency, higher quality, and the team proactively seeking and mitigating potential issues before problems arise. On Call Professional Civil Engineering Services, RFQ No. 22-51 15 %J I I VJcl.l `.VI Ill VIZ) 01 lu LLAC11 111pit= I I IJJCI.I Technical Approach The Dudek team is accustomed to providing exceptional services to a wide range of municipal customers with an equally wide range of project sizes and complexities. Dudek has both managed and supported numerous similar contracts throughout southern California. Program and Project Management Every project, from complex planning, analysis, and design involving a multi -faceted team, to the most basic design process benefits from strong, consistent leadership and communication. The project manager's many hats include serving as a single point of contact for the City and task managers, assuring quality deliverables, and budget and schedule monitoring and reporting. Our management approach emphasizes the following key elements: ■ Senior technical oversight and daily administrative management ■ Continuous and clear communication ■ Schedule and cost monitoring and reporting ■ Quality assurance/quality control (QA/QC) ■ Multi project management and collaboration ■ Virtual collaboration and technology; and, ■ Peer -to -peer collaboration. Senior Technical Oversight and Administrative Management. We foster clear and regular communication and coordination between the Dudek, client, and subconsultant teams. We collaborate with our clients to establish regular face- to-face meetings or teleconferences and prepare agendas, minutes, and notes to assist teams in clearly understanding issues so that work proceeds in a unified manner. We use check -in meetings with our project teams to allocate resources properly according to the client's schedule constraints. When working on several concurrent projects, Dudek identifies commonalities and areas where information sharing can reduce the time, budget, or work needed to produce deliverables. Continuous and Clear Communication. Proactive client communication is the cornerstone of the Dudek business philosophy. Beginning at the Kickoff Meeting, COMMUNICATIONS Dudek will clearly Kickoff meeting to establish outline the project milestones/develop strategy work plan, Evaluation of exisiting data schedule, budget, Consistent reporting and direct and communication access to PM process with the project team so that all parties have a uniform understanding of roles, responsibilities, requirements, stakeholders, deliverables, objectives, and goals. Each project manager is accountable for providing proactive client communications that include: ■ Regularly calling or emailing the City's key contact staff person to discuss project milestones, activities, and potential issues ■ Holding regular project management meetings with key project staff to coordinate work efforts, monitor task completion, and review budget conformance ■ Updating, as necessary, the project description, schedule, work progress reports, and inventories of available data so that all team members are aware of information that may affect their work products and schedules ■ Meeting with City staff at design milestones and other strategic junctures; and On Call Professional Civil Engineering Services, RFQ No. 22-51 16 DUDEK ■ Diligent documentation of issues, action items, and decisions Atypical communication plan for most projects is our 2 x 2 approach for electronic communication (email), where all electronic communication reaches two members of the Client and two members of the Dudek team, increasing our ability to quickly respond to project needs. I Schedule and Cost Monitoring and Reporting. � Dudek uses a variety -. of computerized project management PROJECT WORKFLOW systems to oversee Master deliverables I ist project costs and Schedule tracking with schedule adherence. Microsoft Project We use our regular Budget tracking with Vision and Excel project team meetings — ---- to maintain continuous communication. These meetings also help closely monitor cost and schedule performance. Project schedule, budget and progress are monitored by earned -value schedules and budget tracking. The tracking system uses the project Work Breakdown Structure (WBS), combined with the project schedule to map the estimate the projected accumulation of cost from beginning to end, referred to as the Base Line. As the project advances, the project manager communicates with the team on a regular basis to evaluate each task for completion and compares total earned value to project billings to establish a highly accurate budget status at any point in the project. Proactively managing the project schedule and budget from the onset of the project provides the project manager with the early warning indicators necessary to manage the work effort and protect the project budget. Quality Assurance/Quality Control (QA/QC). Our Project Manager and Quality Control team are responsible for quality assurance and monitoring the completion of quality control reviews. The quality control review for specific project elements is delegated to senior staff with expertise in the project scope elements. Additionally, the QC reviewer and Project Manager will collaborate on interdisciplinary reviews, checking of actual field conditions, project calculation reviews, cost opinions, deliverable review, permit requirements, and responses to City comments. Lack of quality is a leading cause of budget overruns, construction claims and client dissatisfaction. Dudek is committed to training project managers in proven project management and control methods. To that end, we maintain an in-house Project Managers Committee to establish guidelines for project management and review each project manager's performance. Application of proven project management and quality review principles assures that client satisfaction is improved, project quality is improved, and cost savings realized. Our Quality Management Program focuses on continually improving quality by identifying and correcting problems, so that they do not reoccur. Quality assurance is a project management responsibility conducted in accordance with the Quality Control Plan. The project manager monitors quality assurance continuously, making sure proper quality control reviews are conducted and documented at appropriate stages of the project development. Team members habitually check in with peers or senior engineers for every key decision, creating a continuous quality control check that reduces the potential for rework. Our assigned "Quality is never an accident. It is always the result of intelligent effort. " -John Ruskin Quality Control Lead will ensure all project deliverables are reviewed by an independent technical expert prior to submittal to the City. Multi -Project Management and Collaboration. Dudek project managers follow similar project tracking, scheduling, and budgeting systems. In addition, by utilizing a standard file management system, flexible budget and schedule tracking systems, our project managers can not only manage multiple projects, but can quickly pickup and support other project managers if the need arises. On Call Professional Civil Engineering Services, RFQ No. 22-51 17 DUDEK Demonstrated success of our ability to manage multiple projects is reflected in our management tracking system, where our managers maintain a schedule performance index (SPI) and cost performance index (CPI) of 1.0 for nearly every project. Management of Subconsultant QA/QC. Dudek has a comprehensive array of in-house services; however, in some cases, it is necessary to subcontract for expertise we do not provide, or where it is more economically feasible, efficient, or better meets the goals of our client. Dudek works to build strong relationships with subconsultants who work to the same levels of excellence and quality Dudek expects from our own employees. We view subconsultants as an extension of our staff, and as such, we review their work under our QA/QC program for interdisciplinary coordination and require that they conduct independent technical reviews of all deliverables. Coordination with Subconsultants. Effective subconsultant coordination is critically important to the success of multi -disciplinary engineering projects. Our subconsultants depend on us for information to provide their services efficiently and accurately. Often times, they are not given direction or necessary data until the last minute of an upcoming deliverable. This negatively affects project schedule and quality. The philosophy of Dudek's engineering and design group is to coordinate with our subconsultants early and often. Technologies, Innovations, and Processes Virtual Collaboration and Technology. Dudek offers tools and technologies for efficient, productive virtual collaboration with the City including: ■ File Sharing/Storage via ShareFile, allowing Dudek to store, share, exchange and track files with the City; providing a centralized location for documents and data collection Document Co-authoring simultaneously through SharePoint, via setup of a client On Call Professional Civil Engineering Services, RFQ No. 22-51 portal. Specified author permissions may be created for version control purposes. • Client Web Portals, custom-built for access via dudek.com, and set up according to client and/or project specifications. ■ Mobile Data Collection and Reporting, allowing in -field data capture and quantification solutions that bring results and analysis directly to the City. ■ Virtual Meetings using Zoom, MS Teams, WebEx, or Skype to schedule and conduct real-time online (video/audio/web) meetings with the City. ■ Geographic information system (GIS)-based mapping, analysis, and alternatives evaluations; and ■ Drones. Dudek currently has professional - grade Federal Aviation Administration - registered Unmanned Aircraft Systems (UAS; drones) for purposes of documenting site conditions and assisting with biological, cultural, engineering, hydrologic, and other evolving types of survey work. UAS are the only tools that allow for more cost-effective and safer data acquisition. ■ Peer -to -Peer Collaboration. Dudek has a long history of providing on -call and as - needed services and conducting peer review. In this capacity, Dudek has built strong relationships with other engineering firms throughout Southern California. Our highest priority is creating solutions for the City and facilitating a successful, collaborative process. When necessary, we will collaborate with other firms to help the City establish consistency and efficiencies during task order execution. r COLLABORATION TOOLS Sharepoint Client Web Portals Go To Meeting Webinars 18 Typical Scope of Work The specific work breakdown structure of projects can vary widely based on the nature of the project. The following structure includes commonly used tasks for the preparation of typical engineering design projects. Preliminary Design The preliminary design task typically includes a combination of: ■ Review of site conditions or condition assessment of facilities ■ Interview with City engineering and operations staff ■ Record -drawing research ■ Surveying and aerial mapping ■ Utility research ■ Verification of right-of-way encroachment requirements ■ Preparation of preliminary design options ■ Identify permitting requirements ■ Evaluate hydraulic conditions, constructability, alternative analysis ■ Preparation of a preliminary construction cost opinion ■ Preparation of a preliminary design review package to include alternative analysis, design criteria, material selections, and information noted previously. 60% Design After City review of the preliminary design report and confirmation of the preferred project description is established, Dudek will proceed with the 50% design level for the project. The 60% design submittal generally includes: ■ Incorporation of review comments from preliminary design report. ■ 60% design plans, specifications, and estimate of probable construction cost. Design typically includes horizontal DUDEK alignment detail based on surveys to identify conflicts ■ Project description and exhibits for CEQA document preparation ■ Geotechnical investigation and potholing as needed ■ List of anticipated City and agency permit requirements, including encroachment permit applications ■ Design calculation package, including catalog information and discussion of difficult design issues 90% Design After City review of the 60% design, Dudek will proceed with the 90% design for the project. The 90% design includes: ■ Incorporation of review comments from 60% submittal ■ 90% design plans and specifications. Design incorporates subsurface utility information for the development of the full alignment profile as appropriate. ■ Identify encroachment permits, easement preparation and license agreements ■ Projected final construction cost opinion ■ Projected final calculation package. Final Design After City review of the 90% design, Dudek will proceed with the final design for the project. The final design task will include: ■ Incorporation of review comments from 90% submittal ■ Final design plans and specifications ■ Final construction cost opinion ■ Final calculation package. ■ Constructability Review, Value Engineering as needed. On Call Professional Civil Engineering Services, RFQ No. 22-51 19 Bid Phase and Construction Administration Assistance During the bid and construction phases of the project, Dudek offers construction administration assistance as directed by the City. Potential services during the construction phase include: ■ Bid phase services, including addressing technical contractor questions during bidding, developing amendment documents, and evaluating bid results ■ Attendance at pre -bid meeting with City staff ■ Attendance at pre -construction conference DUDEK ■ Attendance at monthly construction progress review meetings ■ Review of shop drawing submittals and cataloging data and other information ■ Assisting with preparation of change order documents ■ Responding to questions from construction manager ■ Preparing operations and maintenance manual ■ Preparation of record drawings showing as - constructed features On the following page, Figure 2 presents an example engineering design project work plan. On Call Professional Civil Engineering Services, RFQ No. 22-51 20 x W 0 p m C 0 CI O d C N E a w }o rn N .1L m y 5 'y W N cn Y� S o o,a o av aE aS� y v o` m'macc¢'mv d v YI1 N fy] R d d N G O O _ o R L w O O N EXHIBIT B SCHEDULE OF BILLING RATES DUDEK Page B-1 EXHIBIT B SCHEDULE OF BILLING RATES ON -CALL CIVIL ENGINEERING Engineering Services Project Director...................................................................... $310.00/hr Principal Engineer III.............................................................. $285.00/hr Principal Engineer II............................................................... $275.00/hr Principal Engineer I................................................................ $265.00/hr Program Manager.................................................................. $255.00/hr Senior Project Manager......................................................... $255.00/hr Project Manager..................................................................... $245.00/hr Senior Engineer III.................................................................. $240.00/hr Senior Engineer II.................................................................. $230.00/hr Senior Engineer I................................................................... $220.00/hr Project Engineer IV/Technician IV ......................................... $210.00/hr Project Engineer III/Technician III .......................................... $200.00/hr Project Engineer II/Technician II ............................................ $185.00/hr Project Engineer I/Technician I ............................................. $165.00/hr Senior Designer II................................................................... $190.00/hr Senior Designer I.................................................................... $185.00/hr Designer................................................................................. $175.00/hr Assistant Designer................................................................. $170.00/hr CADD Operator III................................................................... $165.00/hr CADD Operator II.................................................................... $155.00/hr CADDOperator I..................................................................... $140.00/hr CADD Drafter.......................................................................... $125.00/hr CADD Technician.................................................................... $115.00/hr Project Coordinator................................................................ $145.00/hr Engineering Assistant............................................................ $120.00/hr Environmental Services ProjectDirector................................................................................. $255.00/hr SeniorSpecialist IV........................................................................... $235.00/hr Senior Specialist III.......................................................................... $225.00/hr Senior Specialist II........................................................................... $210.00/hr Senior Specialist I............................................................................ $195.00/hr SpecialistV........................................................................................ $185.00/hr SpecialistIV....................................................................................... $175.00/hr SpecialistIII...................................................................................... $165.00/hr SpecialistII....................................................................................... $150.00/hr SpecialistI........................................................................................ $140.00/hr AnalystV........................................................................................... $130.00/hr AnalystIV.......................................................................................... $115.00/hr AnalystIII........................................................................................... $105.00/hr Analyst11 ............................................................................................... $95.00/hr AnalystI .............................. Technician III ..................... Technician II ...................... Technician I ....................... .................................................................. $85.00/hr .................................................................. $75.00/hr ......... .................... .................. I.................. $65.00/hr ................................................................... $55.00/h r Mapping and Surveying Services Application Developer II.................................................................. $195.00/hr Application Developer I................................................................... $155.00/hr GISAnalyst V.................................................................................... $205.00/hr GISAnalyst IV................................................................................... $165.00/hr GISAnalyst III.................................................................................... $145.00/hr GISAnalyst II..................................................................................... $130.00/hr GISAnalyst I...................................................................................... $115.00/hr UASPilot........................................................................................... $115.00/hr SurveyLead..................................................................................... $185.00/hr SurveyManager.............................................................................. $135.00/hr Survey Crew Chief............................................................................ $115.00/hr SurveyRod Person............................................................................. $95.00/hr Survey Mapping Technician.............................................................. $95.00/hr Construction Management Services Principal/Manager................................................................. $195.00/hr Senior Construction Manager ............................................... $185.00/hr Senior Project Manager......................................................... $175.00/hr Construction Manager........................................................... $160.00/hr Project Manager..................................................................... $150.00/hr Resident Engineer....................................................... ........... $150.00/hr Construction Engineer............................................................ $150.00/hr On -site Owner's Representative ............................................ $140.00/hr Prevailing Wage Inspector..................................................... $139.00/hr Construction Inspector........................................................... $135.00/hr Administrator/Labor Compliance .......................................... $100.00/hr Hydrogeology/HazWaste Services Project Director...................................................................... $305.00/hr Principal Hydrogeologist/Engineer II ..................................... $280.00/hr Principal Hydrogeologist/Engineer I ...................................... $260.00/hr Senior Hydrogeologist V/Engineer V.................................... $240.00/hr Senior Hydrogeologist IV/Engineer IV ................................... $230.00/hr Senior Hydrogeologist III/Engineer III .................................... $220.00/hr Senior Hydrogeologist II/Engineer II ................................. I.... $210.00/hr Senior Hydrogeologist I/Engineer I ....................................... $200.00/hr Project Hydrogeologist V/Engineer V.................................... $185.00/hr Project Hydrogeologist IV/Engineer IV .................................. $175.00/hr Project Hydrogeologist III/Engineer III ................................... $165.00/hr Project Hydrogeologist II/Engineer 11 ..................................... $155.00/hr Project Hydrogeologist I/Engineer I ....................................... $145.00/hr Hydrogeologist/Engineering Assistant .................................. $120.00/hr District Management & Operations District General Manager....................................................... $210.00/hr District Engineer..................................................................... $205.00/hr Operations Manager............................................................. $160.00/hr District Secretary/Accountant.............................................. $135.00/hr Collections System Manager ................................................. $135.00/hr GradeV Operator................................................................... $125.00/hr Grade IV Operator.................................................................. $110.00/hr GradeIII Operator.................................................................. $100.00/hr Grade II Operator..................................................................... $80.00/hr GradeI Operator...................................................................... $75.00/hr Operator in Training................................................................. $75.00/hr Collection Maintenance Worker ............................................. $75.00/hr Creative Services Creative Services IV............................................................... $165.00/hr Creative Services III............................................................... $150.00/hr Creative Services II................................................................ $135.00/hr CreativeServices I................................................................. $120.00/hr Publications Services Technical Editor IV................................................................. $165.00/hr Technical Editor III.................................................................. $150.00/hr Technical Editor II................................................................... $135.00/hr TechnicalEditor I.................................................................... $120.00/hr Publications Specialist IV ....................................................... $120.00/hr Publications Specialist III ....................................................... $110.00/hr Publications Specialist II ........................................................ $100.00/hr Publications Specialist I ........................................................... $90.00/hr Clerical Administration............................................................. $90.00/hr The following items require prior written authorization from the City: • Forensic Engineering — Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. • 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. No travel expenses or mileage shall apply for travel within Orange County, or for Consultant's personnel and agents' travel to and from that person's primary worksite. 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 and employees. 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 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. DUDEK Page C-1 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 and employees 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 and employees 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: 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 DUDEK Page C-2 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 subconsultants 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 subconsultants maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subconsultants. For CGL coverage, subconsultants shall provide coverage with a format at least as broad as CG20380413. 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 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 DUDEK Page C-3 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 ��WPORT City of Newport Beach o i ;ia Insurance Compliance PO Box 100085 - FV 04"'. N"" Duluth, GA 30096 August 5, 2022 Dudek 605 3rd St Encinitas, CA 92024 Reference Number: FV00000819 This Account has moved from non -compliant to COMPLIANT status and currently in compliance for certificate of insurance requirements. As of the date above, your insurance meets City of Newport Beach insurance requirements. We appreciate your efforts and those of your insurance agent in working with our insurance representatives. Please call us at (951) 766-2285 if you have any questions. Sincerely, City of Newport Beach Compliant Notice [CA1]