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Home My WebLink AboutC-3778 - PSA for Buck Gully Wetlands & Access Road Repair0 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH DUDEK & ASSOCIATES, INC., FOR BUCK GULLY WETLANDS AND ACCESS ROAD REPAIR THIS AMENDMENT NO. 2_10-PROFESSIONAL SERVICES AGREEMENT, entered Q into this aLe)4 day of J cm 1.1 , 2008,. by and between the CITY OF NEWPORT BEACH, a municipal Corp ration, (hereinafter referred to as "City ") and DUDEK AND ASSOCIATES, INC., a California corporation, whose address is 605 Third Street, Encinitas, California, 92024 ( "Consultant "), and is made with reference to the following: RECITALS A. On July 26, 2005, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement ", for environmental and engineering design services for the Buck Gully Wetlands and Access Road Repair, hereinafter referred to as "Project". This Agreement is scheduled to expire on June 30, 2008. B. City and Consultant have entered into 1 separate Amendment of the Agreement. C. City desires to enter into this Amendment No. 2 to reflect additional services not included in the Agreement or prior Amendment. D. City desires to compensate Consultant for additional professional services needed for Project. E. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 2 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall be compensated for services performed pursuant to this Amendment No. 2 according to "Exhibit A" dated January 15, 2008 attached hereto. 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 2 for all work performed in accordance with this Amendment, including all reimburseable items and subconsultant fees, shall not exceed Eighteen Thousand, Seven Hundred Fifty and 001100 Dollars ($18,750.00). 3. The term of the Agreement shall be extended to December 31, 2008. 2 v DUDEK MAIN OFFICE 605 THIRD STREET ENCINITAS. CALIFORNIA 92024 T 760 942 5147 T 800.450 1818 F 760.632.0164 January 15, 2008 4783 -01 Robert Stein Principal Civil Engineer, Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Subject. Change Order Request for Additional Construction Management Services for the Buck Gully Wetlands and Maintenance Road Repair Project, City of Newport Beach, California Dear Mr. Stein: Dudek submits this letter requesting a change order for additional construction management services related to the Buck Gully Wetlands and Maintenance Road Repair Project in the City of Newport Beach. We understand that you have requested Dudek to provide on -call construction management and monitoring services during the installation phase of the project. Dudek will provide assistance to the City and the Contractor by answering questions as they arise during construction and attending meetings and site visits as requested by the City, up to the dollar allotment agreed to with the City. Dudek will provide monitoring of the project on a limited basis to help assist the City and will provide site observation reports to document all Dudek visits. We understand that you would like us to provide these services in addition to our previous contract authorizations, on a time- and - materials basis, not to exceed the amount detailed on our scope of work description (Exhibit A, attached). The total amount of this current change order request is $18,750.00. Dudek would bill for these services monthly on a time -and- materials basis for the services rendered during that month, per our 2008 standard schedule of charges (attached). Direct/reimbursable charges, such as mileage for travel, reprographics charges, delivery costs, etc., would be billed at cost plus 15 %. This work does not include providing monitoring services during the long -term 5 -year biological monitoring phase of the project. We understand the City will contract for these services separately at a later date. WWW.DUDEK.COM • r, u Mr. Robert Stein Subject: Change Order Request for Additional Construction Management Services for the Buck Gully Wetlands and Maintenance Road Repair Project, City of Newport Beach, California Please feel free to call me at 760.479.4279 if you have specific questions or require clarification regarding this additional work. Please forward formal authorization from the City regarding this additional work at your earliest convenience. We look forward to continuing to work with the City on the implementation of this project to see it through to a successful conclusion. Thank you. Sincerely, hn . Minchin tat Restoration Specialist/ Landscape Architect #2225 Art: Exhibit A, Scope of Work and Costs Dudek 2008 Standard Schedule of Charges cc: Tiffany Pate, Dudek "830, DUDEK 2 Janua7 2008 EXHIBIT A (CONT.) Scope of Work and Cost Estimate gabion structures and the Arizona road crossing that become necessary to address final field conditions. Dudek engineers will provide construction monitoring site observation services as requested by the City of Newport Beach on an on -call, as- needed basis, up to the dollar allotment outlined herein under this task. Dudek will prepare site observation reports after each construction monitoring site observation visit to document the items discussed and decisions reached at the site visit. Estimated Labor Cost for Task 3 $6,000.00 Total Estimated Labor Cost (Tasks 2 and 3) ................ ............................... $18,750.00 Total Dudek labor costs for this additional scope of work is $18,750.00. Additional direct/reimbursable charges, such as printing and reprographics, mileage for site visits, delivery charges, and other miscellaneous reimbursable charges, will be billed at cost plus 15% markup in addition to the labor amount. All additional services would be billed on a time -and- materials basis, not to exceed this amount, according to Dudek's Standard Schedule of Charges, based upon approval by the City of Newport Beach. DUDEK 47e3-0' A -2 January 2008 r,. 0 0 DUDEK 2008 STANDARD SCHEDULE OF CHARGES Engineering Services Project Director ...................... .....................$205.001hr $210.00 /hr Program Manager .................. .....................$190.00 /hr Principal Engineer II ............... .....................$180.00 /hr Principal Engineer 1 ................ .....................$170.00 /hr Senior Project Manager .......... .....................$160.00 /hr Project Manager ..................... .....................$145.00 /hr Resident Engineer .................. .....................$135.00 /hr Senior Engineer II ................... .....................$135.00 /hr Senior Engineer I ................... .....................$125.00lhr $85.00/hr Associate Engineer ......................... ........... $115.00/hr Project Engineer IV ................ .....................$110.00/hr Collection Maintenance Worker I ..................... Project Engineer III ................. .....................$100.00 /hr Project Engineer II ................... ......................$95.D0/hr Project Engineer I .................... ......................$85.00lhr Field Engineer 11 ..................... .....................$110.00 /hr Field Engineer I ...................... .....................$100.00lhr Engineering Assistant .............. ......................$75.00 /hr Right-of-Way Management Services Principal ROW Manager ROW Project Manager.. ROW Senior Engineer... ROW Engineer .............. ROW Technician ........... ROW Research Analyst Environmental Services $170.00 /hr $140.00/hr $125.00 /hr $115.00 /hr $105.00 /hr ..$75.001hr Principal ....................... ............................... $210.00 /hr Senior Project Manager /Specialist ..............$195.00/hr /hr Environmental Specialist/Planner VI ...........$170.00/hr /hr Environmental Specialist/Planner V ............$150.00 /hr Environmental Specialist/Planner IV ...........$135.00/hr /hr Environmental Specialist/Planner III ............ $125.00 /hr Environmental Specialist/Planner 11 .............$110.00/hr $100.D01hr Environmental Specialist/Planner I ..............$100.00/hr - . - __ $1 05.00/hr Analyst ............................... ........... ................ $85.00/hr Planning Research Assistant .. ......................$70.00/hr /hr Construction Management Services Principal /Manager .................. .....................$195.00 /hr Senior Construction Manager .....................$180.(50 /hr Senior Project Manager .......... .....................$160.00 /hr Construction Manager.. ........................ .. .. $1 50.001hr Project Manager ..................... .....................$140.00 /hr Resident Engineer ................ .....................$135.00 /hr Construction Engineer ............ .....................$130.001hr $100.D01hr On-site Owners Representative. - _. . - . - __ $1 05.00/hr Construction Inspector III ....... .....................$120.00 /hr Construction Inspector 11 ........ .....................$110.00/hr /hr Construction Inspector I ......... .....................$10D.00/hr ... ..... $85.001hr Hydrogeological Services Principal ....................... ............................... $205.001h r Practice Manager ........ ................ ........ ........ $185.001hr Sr. Environmental Engineer ... .....................$185.00 /hr Sr. Hydrogeologist(Sr. Proj Mgr ...................$165.00 /hr Project Manager ................................ .......... $150.001hr Associate Hydrogeologist/Engineer ............$135.00/hr $120.00/hr Hydrogeologist IV1Engineer IV ....................$120.ODlhr $100.D01hr Hydrogeologist 111 /Engineer III .....................$110.00 /hr Hydrogeologist II/Engineer II .. .....................$1D0.001hr $55.001hr Hydrogeologist I /Engineer I ..... ......................$90.00 /hr Technician.. . ..................................... .. ... ..... $85.001hr DUDEK District Management & Operations $140.001hr District General Manager ............................... $175.001hr District Engineer.....- ....... ............................... $160.00 /hr Operations Manager ....... ............................... $150.00/hr District SecretarylAccountant .......................... $85.001hr Collections System Manager ... ......................$95.00Rhr $120.00/hr Grade V Operator ............ ............................... $100.D01hr Grade III Operator ............. ............................... $80.00 /hr Grade I Operator ............... ............................... $55.001hr Operator in Training .......... ............................... $40.00 /hr Collection Maintenance Worker II .................... $55.00/hr Collection Maintenance Worker I ..................... $40.00 /hr Office Services 7echnfcal/Drafting/CADD Services 3D Graphic Artist. ............ ............................... $140.001hr Senior Designer .............. ............................... $120.00 /hr Designer.......................... ............................... $105.001hr Assistant Designer ............ ............................... $85.00 /hr GIS Specialist IV ............. ............................... $135.001hr GIS Specialist III .............. ............................... $120.00/hr GIS Specialist 11 ............... ............................... $110.001hr GIS Specialist I ................ ............................... $100.00/hr CADD Operator II .............. ............................... $95.00/hr CADD Operator I ............... ............................... $85.00 /hr CADD Drafter .................... ............................... $BO.00thr CADD Technician .............. ............................... $70.00lhr Surveying Services (Coachella Valley) Protessicnal Land Surveyor ........................... $160.00 1hr 3- Person Survey Crew .... ............................... $235.00/hr 2- Person Survey Crew.. ................................. $205.00 /hr 1- Person Survey Crew .... ............................... $110.00/hr Survey Analyst ..... .... ... - .. ............................... $110.00/hr Asst. Survey Analysf/CADD Mapper ................ $80.001 hr Support Services Technical Editor It ... ....... . ............................... $130.001hr Technical Editor 11 ............ ............................... $110.001hr Technical Editor I ............... ............................... $90.00 /hr Publications Assistant III .... ............................... $90.00 /hr Publications Assistant II ..... ............................... $80.00 1hr Publications Assistant 1 ...... ............................... $70.001hr Clerical Administration ....... ............................... $70.00/hr Forensic Englneedne- Court appearances, depositions, and Intenogatclim as expert witness will be Wiled at 2.00 times nomrel rates. Emergency" Holidays - Minimum charge of two hours will De billed at 1.75 times the normal rate. matarht and OubMe Services - Subcontractors, rental of special squipmem, spacial reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cast. Treval Expor - Mttwge at 50.5 cents per mile. Per diem where ovemight My is involved is charged at can 1 Charges fees rill I o Clfeni an Ube u�a a ode irpuenl' paitl thiM1y (30J {rom we ar the i M ag pay a ly late charge equ rte pencem (1 of the nding ba ce unit paid in full. Effective January 1, 2000 EXHIBIT B • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. s22 January 22, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein, P.E. 949 -644 -3311 or rstein @city.newport- beach.ca.us SUBJECT: BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIR — CONTRACT NO. 3778 — APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH DUDEK & ASSOCIATES, INC. RECOMMENDATIONS: 1. Approve Amendment No. 2 to the Professional Services Agreement with Dudek • & Associates, Inc., (Dudek) of Encinitas, California, for the Buck Gully Wetlands and Maintenance Road Repair at a not to exceed amount of $18,750 and authorize the Mayor and City Clerk to execute the Agreement. 2. Approve a Budget Amendment transferring $15,750 from salary savings in the Engineering Division (5100 -7000) to Buck Gully Wetlands and Maintenance Road Repair project (7014- C5100659). DISCUSSION: On July 26, 2005, the City entered into a Professional Services Agreement with Dudek for environmental and engineering design services for the Buck Gully Wetlands and Maintenance Road Repair, for a not to exceed amount of $60,000. This project includes the repair of the roadway where it crosses the streambed and will also rejuvenate degraded wetland areas in the gully adjacent to the streambed road crossing. This road provides access to a City water main valve and blow -off assembly on the east side of the canyon. On June 11, 2007, Amendment No. 1 to the Agreement executed a not to exceed amount of $15,000 to prepare a revegetation mitigation and monitoring plan, to modify design drawings per changes requested by staff, and to attend additional coordination meetings with the City and jurisdictional agencies. • Buck Gully Wed and Maintenance Road Repair — Contract No. 377 proval of Amendment No. 2 to the Professional services Ag ent With Dudek & Associates, Inc. January 22, 2008 Page 2 Under this Amendment No. 2, Dudek will provide construction management services including working with the contractor for design changes due to un- foreseen field or weather conditions, and for answering any questions that occur during the habitat restoration. City staff performs construction management services for most of our capital improvement projects, however, the unusual nature of this project along with the time - sensitive aspects of working in a streambed during the winter, obliged that we utilize Dudek's expertise for this specialty project. Environmental Review: A Mitigated Negative Declaration was prepared and approved for this project. Funding Availability: Upon approval of the recommended Budget Amendment there will be sufficient funds available in the following account for the project: Account Description Buck Gully Restoration — General Fund Prepared by: 4stet4, ow, Robert Stein, P.E. Assistant City Engineer Attachment: Amendment No. 2 Budget Amendment Account Number Amount 7014- C5100659 $18,750.00 Total: $18,750.00 Submitted ir ..h G. Badum Works Director • is • L AMENDMENT NO.2 • TO PROFESSIONAL SERVICES AGREEMENT WITH DUDEK & ASSOCIATES, INC., FOR BUCK GULLY WETLANDS AND ACCESS ROAD REPAIR THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of 2008, . by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City') and DUDEK AND ASSOCIATES, INC., a California corporation, whose address is 605 Third Street, Encinitas, California, 92024 ( "Consultant'), and is made with reference to the following: RECITALS A. On July 26, 2005, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement ", for environmental and engineering design services for the Buck Gully Wetlands and Access Road Repair, hereinafter referred to as "Project ". This Agreement is scheduled to expire on June 30, 2008. B. City and Consultant have entered into 1 separate Amendment of the • Agreement. C. City desires to enter into this Amendment No. 2 to reflect additional services not included in the Agreement or prior Amendment. D. City desires to compensate Consultant for additional professional services needed for Project. E. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 2 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall be compensated for services performed pursuant to this Amendment No. 2 according to "Exhibit A" dated January 15, 2008 attached hereto. 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. '2 for all work performed in accordance with this Amendment, including all reimburseable items and subconsultant fees, shall not exceed Eighteen Thousand, Seven Hundred Fifty and 001100 Dollars ($18,750.00). • 3. The term of the Agreement shall be extended to December 31, 2008. 2 0 0 4. Except as expressly modified herein, all other provisions, terms, and . covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, A �+ � ` r�� A Municipal Corporation (J By: City Attorney Mayor for the City of Newport Beach for the City of Newport Beach ATTEST: CONSULTANT: By: By: LaVonne Harkless, (Corporate Officer) City Clerk • Print A (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f: luserslpbwlsharedlagreementslfy 07- 08ldudek -buck gully wetlands amend -2.doc r L_J 3 M DUDEK MAIN OFFICE • 605 THIRD STREET ENCINITA TAS, CALIFORNIA 92024 T 760.942.5147 T 800 450 1818 F 760 631 0164 January 15, 2008 4783 -01 Robert Stein Principal Civil Engineer, Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Subject. Change Order Request for Additional Construction Management Services for the Buck Gully Wetlands and Maintenance Road Repair Project, City of Newpod Beach, California Dear Mr. Stein: Dudek submits this letter requesting a change order for additional construction management • services related to the Buck Gully Wetlands and Maintenance Road Repair Project in the City of Newport Beach. We understand that you have requested Dudek to provide on -call construction management and monitoring services during the installation phase of the project. Dudek will provide assistance to the City and the Contractor by answering questions as they arise during construction and attending meetings and site visits as requested by the City, up to the dollar allotment agreed to with the City. Dudek will provide monitoring of the project on a limited basis to help assist the City and will provide site observation reports to document all Dudek visits. We understand that you would like us to provide these services in addition to our previous contract authorizations, on a time- and - materials basis, not to exceed the amount detailed on our scope of work description (Exhibit A, attached). The total amount of this current change order request is $18,750.00. Dudek would bill for these services monthly on a time - and - materials basis for the services rendered during that month, per our 2008 standard schedule of charges (attached). Direct/reimbursable charges, such as mileage for travel, reprographics charges, delivery costs, etc., would be billed at cost plus 15 %. • This work does not include providing monitoring services during the long -term 5 -year biological monitoring phase of the project. We understand the City will contract for these services separately at a later date. W W W.DUDEK.COM • 0 Mr. Robert Stein • Subject: Change Order Request for Additional Construction Management Services for the Buck Gully Wetlands and Maintenance Road Repair Project, City of Newport Beach, California Please feel free to call me at 760.479.4279 if you have specific questions or require clarification regarding this additional work. Please forward formal authorization from the City regarding this additional work at your earliest convenience. We look forward to continuing to work with the City on the implementation of this project to see it through to a successful conclusion. Thank you. Sincerely, - �. VVw - hn . Minchin V at Restoration Specialist/ Landscape Architect 42225 An: Exhibit A, Scope of Work and Cosa • Dudek 2008 Standard Schedule of Charges cc: Tiffany Pate, Dudek ILJ DUDEK January ay 2006 2 Janua 2000 ! • • EXHIBIT A Scope of Work and Cost Estimate Additional Construction Management Services for the Buck Gully Wetlands and Maintenance Road Repair Project City of Newport Beach, California January 15, 2008 The following detailed task descriptions are provided to outline Dudek's understanding of the additional construction management services requested by the City of Newport Beach, associated with the Buck Gully Wetlands and Maintenance Road Repair project. Task t involved design - services previously authorized and is not detailed in the following task descriptions. Task 2: Additional Construction Monitoring Services (Habitat Restoration Staff) Dudek Habitat Restoration staff will coordinate with the City and the designated installation contractors during the bidding and installation of the Buck Gully Wetlands and Maintenance Road Repair Project. Dudek will answer questions as they arise during the bidding process. Dudek will coordinate with the materials suppliers as requested by the City to address project refinements and adjustments to the built improvements as necessary to address final field • conditions. Dudek will review contractor submittals for consistency with the plans and specifications. Dudek will attend additional site meetings with the City and the contractors as requested to review project installation progress and to address project construction questions as they arise. Dudek habitat restoration specialists will assist the City with project management and coordination related to construction changes to built improvements as site conditions dictate. Dudek will coordinate with the general contractor and the landscape contractor to help assure that the design intent of the revegetation construction documents is implemented as intended. Dudek habitat restoration staff will provide construction monitoring site observation services as requested by the City of Newport Beach on a limited on -call, as- needed basis, up to the dollar allotment outlined herein under this task. Dudek will prepare site observation reports after each construction monitoring site observation visit to document the items discussed and decisions reached at the site visit. Estimated Labor Cost for Task 2 ................................. ............................... .....................$12,750.00 Task 3: Additional Construction Monitoring Services (Engineering Staff) Dudek engineering staff will assist the City of Newport Beach with construction changes to the anticipated built improvements to the Buck Gully Wetlands and Maintenance Road Repair project, as site conditions dictate. Dudek will coordinate with the general contractor and sub- contractors to help assure that the design intent of the engineering construction documents is • implemented as intended. Dudek engineers will specifically address construction changes to the 4763 -01 D U D E K A-1 January 2008 0 0 EXHIBIT A (CONT.) • Scope of Work and Cost Estimate gabion structures and the Arizona road crossing that become necessary to address final field conditions. Dudek engineers will provide construction monitoring site observation services as requested by the City of Newport Beach on an on -call, as- needed basis, up to the dollar allotment outlined herein under this task. Dudek will prepare site observation reports after each construction monitoring site observation visit to document the items discussed and decisions reached at the site visit. Estimated Labor Cost for Task 3 ........................................................ ............................... $6,000.00 Total Estimated Labor Cost (Tasks 2 and 3) ................ ............................... $18,750.00 Total Dudek labor costs for this additional scope of work is $18,750.00. Additional direct/reimbursable charges, such as printing and reprographics, mileage for site visits, delivery charges, and other miscellaneous reimbursable charges, will be billed at cost plus 15% markup in addition to the labor amount. All additional services would be billed on a time -and- materials basis, not to exceed this amount, according to Dudek's Standard Schedule of Charges, based upon approval by the City of Newport Beach. D U D E K 4783 -01 A -2 January 2008 r�L r 1 J r� • •_ • DUDEK 2008 STANDARD SCHEDULE OF CHARGES Engineering Services Project Director ...................... .....................$205.00 /hr Program Manager .................. .....................$190.00 /hr Principal Engineer II ............... .....................$180.00 /hr Principal Engineer I ................ .....................$170.00/hr /hr Senior Project Manager .......... .....................$160.00 /hr Project Manager ..................... .....................$145.00 /hr Resident Engineer .................. .....................$135.00 /hr Senior Engineer II ................... .....................$135.00/hr /hr Senior Engineer I ... ..................................... $125.00/hr Associate Engineer ............... .....................$115.00/hr $55.001hr Project Engineer IV ................ .....................$110.00 /hr Project Engineer III ................. .....................$100.00 /hr Project Engineer 11 .................. ......................$95.00 /hr Project Engineer I .................... ......................$85.00 /hr Field Engineer 11 ..................... .....................$110.00 /hr Field Engineer I ...................... .....................$100.00 /hr Engineering Assistant .............. ......................$75.00 /hr Right-of-Way Management Services Principal ROW Manager ROW Project Manager.. ROW Senior Engineer... ROW Engineer .............. ROW Technician........... ROW Research Analyst Environmental Services $170.00/hr $140.00/hr $125.00/hr $115.00 /hr $105.00 /hr ..$75.00/hr Principal ....................... ............................... $210.00 /hr Senior Project Manager/Specialist ..............$195.00 /hr Environmental Specialist/Planner VI ...........$170.00/hr /hr Environmental Specialist/Planner V ............$150.00 /hr Environmental Specialist/Planner IV ...........$135.00/hr /hr Environmental Specialist/Planner III ............ $125.00/hr Environmental Specialist/Planner 11 .............$110.00/hr /hr Environmental SpecialistiPlanner I ..............$100.00/hr /hr Analyst .................................... ......................$85.00/hr /hr Planning Research Assistant .. ......................$70.00/hr $55.001hr Construction Management Services PdncipaVManager .................. .....................$195.00 /hr Senior Construction Manager .....................$180.00 /hr Senior Project Manager .......... .....................$160.00 /hr Construction Manager ............ .....................$150.00 /hr Project Manager ..................... .....................$140.00 /hr Resident Engineer ................ .....................$135.00 /hr Construction Engineer ............ .....................$130.00 /hr On-site Owner's Representative .................$105.00/hr /hr Construction Inspector III ....... .....................$120.00 /hr Construction Inspector II ........ .....................$110.00/hr $55.001hr Construction Inspector I ......... .....................$100.00/hr $85.00/hr Hydrogeological Services Principal ....................... ............................... $205.00/hr Practice Manager ................... .....................$185.00 /hr Sr. Environmental Engineer ... .....................$185.00 /hr Sr. Hydrogeologist/Sr. Proj Mgr ...................$165.00 /hr Project Manager ..................... .....................$150.00 /hr Associate Hydrogeologist/Engineer ............$135.00/hr $100.001hr Hydrogeologist IV /Engineer IV ....................$120.00/hr $80.00/hr Hydrogeologist It [/Engineer III . ....................$110.00 /hr Hydrogeologist IUEngineer It .. .....................$100.00/hr $40.00/hr Hydrogeologist I /Engineer I ..... ......................$90.00/hr $55.001hr Technician ...................... ............................... $85.00/hr DUDEK District Management & Operations District General Manager ............................... $175.00/hr District Engineer .............. ............................... $160.00 /hr Operations Manager ....... ............................... $150.001hr District Secretary/Accountant .......................... $85.00/hr Collections System Manager ... ......................$95.00 /hr Grade V Operator .... ....... -- ............................ $100.001hr Grade III Operator ............. ............................... $80.00/hr Grade I Operator ............... ............................... $55.00 /hr Operator in Training .......... ............................... $40.00/hr Collection Maintenance Worker II .................... $55.001hr Collection Maintenance Worker I ..................... $40.00/hr Office Services TechnicaUDraftinglCADD Services 3D Graphic Artist ........................ $140.00 /hr Senior Designer .............. ............................... $120.00/hr Designer .......................... ............................... $105.00 1hr Assistant Designer ............ ............................... $85.00/hr GIB Specialist IV ............. ............................... $135.00/hr GIB Specialist III .............. ............................... $120.00/hr GIB Specialist II ............... ............................... $110.001hr GIB Specialist i ........... :. .................... .............. $100.001hr CADD Operator 11 .............. ............................... $95.001hr CADD Operator I ............... ............................... $85.00/hr CADD Drafter .................... ............................... $80.001hr CADD Technician .............. ............................... $70.001hr Surveying Services (Coachella Valley) Professional Land Surveyor ........................... $160.001hr 3- Person Surrey Crew .... ............................... $235.001hr 2- Person Survey Crew .... ............................... $205.001hr 1- Person Survey Crew .... ............................... $110.001hr Survey Analyst ................ ............................... $110.001hr Asst. Survey Analyst(CADD Mapper ................ $80.001hr Support Services Technical Editor III ........... ............................... $130.00 /hr Technical Editor II ............ ............................... $110.00(hr Technical Editor I ............... ............................... $90.00/hr Publications Assistant III .... ............................... $90.00/hr Publications Assistant II ..... ............................... $80.00/hr Publications Assistant I ...... ............................... $70.00 /hr Clerical Administration ....... ............................... $70.00/hr Forensic Engineering - Count appearances, depositions, and interrogatories as expert witness will be ailed at 2.00 times normal raise. Emergency and Holidays- MFnimum charge of two hours will be billed at 1.75 times the normal rate. Material and Outside Servioas- Subcontractors, rental of special equipment, special reproductions and blueprinting, outside date processing and computer services, eta, are charged at 1.15 times the direct cost. Travel Expenses - Mileage at 50.5 cents per mile. Per diem where overnight My Is Involved is charged at cost I ue es, ChargP.PoRt1=10Eg Will hty 11 he yeas pad 0vdy (30) inert a of ay a IaOe charge equ a percent (1 be or unail paid kn full. Effective January 1, 2008 EXHIBIT B C of Newport Beach BUDGET AMENDMENT 2007 -08 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND PX Transfer Budget Appropriations PX SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: • NO. BA- 08BA -043 AMOUNT: $15,750.00 • Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To transfer expenditure appropriations from salary savings to the Buck Gully Wetlands and Maintenance Road Repair Project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Description Division Number 5100 Public Works - Engineering Account Number 7099 Salary Savings Division Number 7014 General Fund - Miscellaneous & Studies Account Number C5100659 Buck Gully Restoration Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Approval: Administrative Manager City Council Approval: City Clerk Amount Debit Credit $15,750.00 $15,750.00 * Automatic Director Date ID Da IrM C, J AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH DUDEK & ASSOCIATES, INC., FOR BUCK GULLY WETLANDS AND ACCESS ROAD REPAIR THIS AMENDMENT NO. 1 TO ROFESSIONAL SERVICES AGREEMENT, entered into this _ / /d, day of 2007, by and between the CITY OF NEWPORT BEACH, a muni al corporation, (hereinafter referred to as "City ") and DUDEK & ASSOCIATES, INC., a California corporation, whose address is 605 Third Street, Encinitas, California, 92024 ( "Consultant "), and is made with reference to the following: RECITALS A. On July 26, 2005 , CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement', for environmental and engineering design services for the Buck Gully Wetlands and Access Road Repair, hereinafter referred to as "Project'. This Agreement is scheduled to expire on December 31, 2006, B. City desires to enter into this Amendment No. 1 to reflect additional services not included in the Agreement or prior Amendments and to extend the term of the Agreement to June 30, 2008. D. City desires to compensate Consultant for additional professional services needed for Project. E. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall be compensated for services performed pursuant to this Amendment No. 1 according to "Exhibit A" dated May 4, 2007 attached hereto. 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 1 for all work performed in accordance with this Amendment, including all reimburseable items and subconsultant fees, shall not exceed Fifteen Thousand Dollars ($15,000.00). 3. The term of the Agreement shall be extended to June 30, 2008. 4. Except as expressly covenants set forth in full force and effect. 0 modified herein, all other provisions, terms, and Agreement shall remain unchanged and shall be in IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: 0('-- C ff C'1 City Attorney for the City of Newport Beach ATTEST: By 1qV LaVonne Harkless, City Clerk Attachments: Exhibits A and B CITY OF NEWPORT BEACH, A Municipal Corporation By: r"'..',4. City ManaTer for the City of Newport Beach DUDEK & ASSOCIATES, INC.: By: s' 17 o rate Officer) Title: Dudek Frank Dudek Print Name: President Officer) Title: fE 1r � Print Name: s a D U D E K • e RECEIVED MAIN OFFICE 605 THIRD STREET ENCINITAS, CALIFORNIA 92024 MAY 0 9 2007 T ]60.942.514] T 800.450.1818 F 760.632.0164 Pn:,); Ic. Works Department City of Newport Beach May 4, 2007 4783 -01 Robert Stein Principal Civil Engineer, Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Subject: Revised Proposal for Additional Environmental and Engineering Services for the Modified Buck Gully Water Quality Improvement Project, City of Newport Beach, California Dear Mr. Stein: Dudek submits this revised proposal for additional environmental and engineering services related to the modified Buck Gully Water Quality Improvement Project in the City of Newport Beach. The project site is located within the lower portion of Buck Gully, at the end of the canyon access road, below Poppy Avenue and 5th Avenue. This proposal addresses additional services that have become necessary due to project changes, as well as additional conditions being requested by the resource agencies in order to permit the proposed project. These changes have become necessary to help provide additional information requested by the resource agencies, to provide edits to the Revegetation, Mitigation, and Monitoring Plan (Mitigation Plan) requested by the U.S. Fish and Wildlife Service, and to incorporate modifications to the project design to help streamline the proposed improvements to help meet City budgetary and funding constraints. The services outlined in this proposal include attending additional meetings with the City of Newport Beach staff and resource agency staff, revisions to the previously prepared Mitigation Plan (report) to address resource agency review comments, additional permitting coordination and processing with the resource agencies, minor engineering design modifications, minor design revisions and CAD drafting changes to the construction documents and specifications for the drainage /creek improvements and the wetland mitigation/revegetation areas to help repackage the construction documents for bidding purposes, preparation of a revised cost estimate, and City bid document assistance. We have not included a scope of work for construction monitoring during installation or for long -term biological monitoring at this time, as we understand that you would like to contract for that additional work at a later date. W W W.DUDEK.COM 0 Mr. Robert Stein Subject: Revised Proposal for Additional Environmental and Engineering Services for the Modified Buck Gully Water Quality Improvement Project, City of Newport Beach, California A detailed breakdown of the proposed additional services and costs is provided herein in Exhibits A and B for your review and consideration. Please feel free to call me at 760.479.4279 if you have specific questions regarding this proposal and the additional scope of work. We look forward to continuing to work with the City on the planning and implementation of this project to see it through to a successful conclusion. Sincerely, J n L. Minchm ` abitat Restoration Specialist/ Landscape Architect #2225 Att.: Exhibits A and B 2007 Standard Schedule of Charges cc: June Collins, Dudek DUDEK 2 4783 -01 May 2007 0 0 EXHIBIT A Additional Scope of Work Additional Environmental and Engineering Services for the Buck Gully Water Quality Improvement Project City of Newport Beach, California Revised Proposal May 4, 2007 The following detailed task descriptions are provided to further outline Dudek's proposed additional services for the Buck Gully Water Quality Improvement project. Task 1: Additional City and Resource Agency Coordination and Permit Processing Dudek will coordinate with the City and the resource agency staff during the project re- design to reinitiate the permit process. Dudek will attend additional meetings with City and resource agency staff to review project modifications. Attendance at one meeting with the city and one meeting with the resource agencies has been budgeted for. Dudek will submit additional project documentation to the resource agencies to help finalize the agency permits. It is assumed that the City of Newport Beach will pay any additional permit fees that may be required by the re- initiation of the permit process. Task 2: Revised Conceptual Revegetation, Mitigation and Monitoring Plan Dudek will prepare a revised conceptual revegetation, mitigation, and monitoring plan (i.e., written report) to address project modifications requested by the city and the resource agencies. The revised report will incorporate additional upland and wetland mitigation requirements and conditions imposed on the project by the resource agencies, including the U.S. Army Corps of Engineers (ACOE), the Regional Water Quality Control Board (RWQCB), the California Department of Fish & Game (CDFG), and the U.S. Fish & Wildlife Service (USFWS). The revised plan will consist of additional and revised written text, with modified supportive maps and graphics that will adequately explain and outline the modified creek improvements and the revised revegetation/mitigation program. This document will be prepared as a stand -alone document in written report format acceptable to the City and the resource agencies for permitting purposes. The plan will describe the specific modifications to the project to reflect revised upland and wetland impacts and mitigation measures; modified creek bank stabilization techniques; modified habitat revegetation measures, including wetland creation and enhancement and additional upland revegetation /mitigation requirements; modified wetland grading; revised planting and irrigation requirements; additional maintenance requirements; modified performance criteria; and additional guidelines for the long -term maintenance and monitoring of the project. D U D E K 4783 -01 A_1 May 2007 0 0 EXHIBIT A (Cont.) This task only addresses on -site revegetation areas associated with the creek/drainage improvements in Buck Gully. This work does not include the identification, or planning for, any off -site revegetation or mitigation areas that might become necessary. This scope of work assumes that all required revegetation/mitigation work can be accomplished on site within disturbed upland portions of Buck Gully. If, however, off -site revegetation/mitigation work becomes necessary, then this work would be handled as an additional service with the City, once the full scope of that off -site work becomes known. The revised conceptual revegetation, mitigation, and monitoring plan will be prepared under the direction of Dudek's landscape architect and habitat restoration specialist John Minchin. Dudek will process the plan for review and approval by the City and the resource agencies, as part of the additional permit processing work identified in Task 1. Final copies of the approved plan (i.e., report) will be provided to the City for internal use and for submittal to other agencies as necessary. The revised conceptual revegetation, mitigation, and monitoring plan will be re- submitted to the resource agencies to supplement the wetland permitting documentation already provided and will help fulfill the final permit requirements. Task 3: Revised Engineering and Revegetation Construction Documents Dudek will prepare a set of revised engineering and revegetation construction documents (i.e., plans and details) in plan format (i.e., 24" x 36" d -sheet format), to implement the design changes requested by the City and to fulfill the intent of the mitigation/revegetation program outlined in the revised conceptual revegetation, mitigation and monitoring plan. The construction documents will be prepared under the direction of Dudek's landscape architect and habitat restoration specialist John L. Minchin, and Dudek's engineers, to meet the City of Newport Beach standards and guidelines. The plans will be processed by Dudek for City plan check review and approval, as well as resource agency approval. The revised construction documents will include a Cover Sheet/Title Sheet, Site Plan (i.e., grading and improvement plan), Grading Plan, Cross Sections and Details, Horizontal Control Plan, Gabion Installation Notes, Irrigation Plan, Irrigation Legend and Details, Planting Plan and Details, Seeding Plan, and Planting Legend and Details. Revised construction specifications, cost estimate, and bid documents will be prepared in written format, in coordination with the City of Newport Beach. Dudek will provide five sets of prints of the modified engineering and revegetation construction documents, specifications, and cost estimate for final City approval. One final set of duplicate originals (i.e., reproducible drawings) will also be provided to the City at completion of the revised design phase. D U D E K 4783 -01 A-2 May 2007 EXHIBIT B Cost Estimate Additional Environmental and Engineering Services for the Buck Gully Water Quality Improvement Project City of Newport Beach, California Revised Proposal May 4, 2007 The following costs, broken down by task, further outline Dudek's proposed costs for the additional services necessary for the Buck Gully Water Quality Improvement Project. Task 1 Additional City and Resource Agency Permit Coordination Estimated Labor Cost for Task 1 ........................................................ ............................... $5,000,00 Task 2 Revised Conceptual Revegetation, Mitigation, and Monitoring Plan Estimated Labor Cost for Task 2 ........................................................ ............................... $3.500.00 Task 3 Revised Engineering and Revegetation Construction Documents Estimated Labor Cost for Task 3 ........................................................ ............................... $6,500.00 Total Estimated Additional Costs ( Labor) .................. ............................... .....................$15,000.00 Total Dudek labor costs for this additional scope of work are $15,000.00. The total revised Dudek contract amount for this project, including labor and direct/reimbursable costs, would be $75,000.00 (i.e., $15,000.00 current additional services, plus $60,000.00 previous contract authorization). All additional services would be billed on a time - and - materials basis, according to Dudek's 2007 Standard Schedule of Charges, not to exceed this amount, based upon approval by the City of Newport Beach. D U D E K 4783 -01 B -1 May 2007 • DUDEK is 2007 STANDARD SCHEDULE OF CHARGES Engineering Services Project Director ...................... .....................$190.00 /hr Program Manager .................. .....................$180,00 /hr Principal Engineer II ............... .....................$170.00 /hr Principal Engineer I ................ .....................$160.00 /hr Senior Project Manager .......... .....................$150.00 /hr Project Manager ..................... .....................$135.00 /hr Resident Engineer .................. .....................$130.00 /hr Senior Engineer II ................... .....................$125.00/hr /hr Senior Engineer I ................... .....................$120.00 /hr Associate Engineer ............... .....................$115.00/hr /hr Project Engineer IV ..................................... $110.001hr Project Engineer III ................. .....................$100.00 /hr Project Engineer 11 ................... ......................$95.00 /hr Project Engineer I .... ................ ...................... $85.00lhr Field Engineer 11 ..................... .....................$105.00 /hr Field Engineer I ....... ....................... ............... $95.00lhr Engineering Assistant ..... ............ ................... $80.001hr Right -of -Way Management Services Principal ROW Manager ROW Project Manager.. ROW Senior Engineer... ROW Engineer .............. ROW Technician........... ROW Research Analyst Environmental Services $165.001hr $135.00/hr $120.0o1hr $110.00 /hr $100.00 /hr ..$70.00/hr Principal ....................... ............................... $200.00 /hr Senior Project Manager /Specialist ..............$185.001hr /hr Environmental Specialist/Planner VI ...........$160.00 /hr Environmental Specialist/Planner V ............$140.00 /hr Environmental Specialist/Planner IV ...........$130.00 /hr Environmental Specialist/Planner III ... ......... $115.00 /hr Environmental Specialist/Planner 11 .............$105.00 /hr Environmental Specialist(Planner I ................$95.00/hr /hr Analyst..... ..... ........ ....... .... ............................. $80.00 /hr Planning Research Assistant .. ......................$65.00 /hr Construction Management Services Principal /Manager ........ ............................... $185.00/hr Senior Construction Manager .....................$170.00/hr /hr Senior Project Manager .......... .....................$150.00 /hr Construction Manager__, ............... ........... $140.00Yhr Project Manager ..................... .....................$135.00 /hr Resident Engineer ................ .....................$130.00 /hr Construction Engineer ............ .....................$125.00 /hr On -site Owner's Representative .................$100.00 /hr Construction Inspector 111 ....... .....................$115.00/hr /hr Construction Inspector II ........ .....................$105.00 /hr Construction Inspector I .......... ......................$95.00 /hr Hydrogeological Services Principal ....................... ............................... $190.00/h r Practice Manager ................... .....................$175.00 /hr Sr. Environmental Engineer ... .....................$175.00 /hr Sr. Hydrogeologist/Sr. Pro] Mgr ...................$160.00 /hr Project Manager ..................... .....................$140.00 /hr Associate Hydrogeologist/Engineer ............$125.00 /hr Hydrogeologist IV /Engineer IV ....................$115.00lhr /hr Hydrogeologist III /Engineer III .....................$105.00 /hr Hydrogeologist II /Engineer II ... ......................$95.00/hr /hr Hydrogeologist I /Engineer I ..... ......................$85.00lhr /hr Technician ............................... ......................$75.00 /hr District, Management & Operations District General Manager ............................... $165.00/hr District Engineer .............. ............................... $140.00/hr District Manager ............. ............................... $135,00/hr District Secretary/Accountant .......................... $85.001hr Collections System Manager ... ......................$85,00 /hr Grade V Operator ............ ............................... $100.00 /hr Grade IV Operator ...................... ......................$85.00 /hr Grade III Operator ............. ............................... $75.00 1hr Grade II Operator ....................... ......................$63.00 /hr Grade I Operator ........................ ......................$60.00 /hr Operator in Training .......... ............................... $50.00 /hr Collection Maintenance Worker II .................... $48,00 /hr Collection Maintenance Worker I ..................... $36.00 /hr Office Services Technical/DraffingilADD Services 3D Graphic Artist ............. ............................... $130.001hr Senior Designer .............. ............................... $120.001hr Designer .......................... ............................... $100.00 /hr Assistant Designer ............ ............................... $75.001hr GIS Specialist IV ............. ............................... $130.001hr GIS Specialist III .............. ............................... $115.00 /hr GIS Specialist II ............... ............................... $105.00 /hr GIS Specialist I .................. ............................... $95.00/hr CADD Operator II .............. ............................... $90.00 /hr CADD Operator I ............... ............................... $80.00 /hr CADD Drafter .................... ............................... $75.00/hr CADD Technician .............. ............................... $60.00 /hr Surveying Services (Coachella Valley) Professional Land Surveyor ........................... $150.00 /hr 3- Person Survey Crew .... ............................... $225.00/hr 2- Person Survey Crew .... ............................... $195.001hr 1- Person Survey Crew .... ............................... $105.00/hr Survey Analyst ................ ............................... $105.001hr Asst.Survey Analyst/CADD Mapper ................. $75.00 1hr Support Services Technical Editor .............. ............................... $105.00 /hr Computer/Word Processing ............................. $75.00 1hr Clerical Administration ................ ...................... $65.00 /hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness will be billed at 1.75 times normal roles. Emergency and Holidays - Minimum charge of two hours will be billed at 1.5 times the normal rate. tes- u n ' nt, . e Travel Expenses - Mileage at 48.5 cents per mile. Per them where overnight stay is involved is charged at cost Invoices, Late Charges. - All fees will be billed to Client monthly and shall be due and payable upon receipt Invoices are delinquent 0 not paid within thirty (30) days from the date of the invoice. ae« DUDEK Effective January 1, 2007 m f' # 4-1 S;� -1C X1`1$ PROFESSIONAL SERVICES AGREEMENT WITH DUDEK & ASSOCIATES, INC., FOR BUCK GULLY WETLANDS AND ACCESS ROAD REPAIR THIS AGREEMENT is made and entered into as of this day of �Ct t 2005, by and between the CITY OF NEWPORT BEACH, a Municipal C rporation ( "City "), and DUDEK & ASSOCIATES, INC., a California corporation, whose address is 605 Third Street, Encinitas, California, 92024 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement an erosion control project in the Buck Gully canyon, which will include refurbishing the wetlands and the Buck Gully 5'" Avenue access road crossing of the streambed. C. City desires to engage Consultant to provide environmental and engineering services in connection with the erosion control project, including preparation of preliminary design plans showing potential creek bank stabilization measures and drainage improvements; preparation of a wetlands revegetation plan; and drafting of construction documents, environmental documentation and all necessary permit applications to implement the improvements ( "Project"). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Tom Larson. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31 s' day of December 2006, unless terminated earlier as set forth herein. W 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time - and - materials not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Sixty Thousand Dollars and no /100 ($60,000.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any VA 0 0 reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated John Minchin to be its Project Manager. Consultant shall not remove or reassign the Project Manager on the Project without the prior written consent of City. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Robert Stein shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services negligently provided under this Agreement (including, without limitation, defects in workmanship or materials and/or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the worts are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or 5 12. 13. 14. 11 interest in the work to be performed Consultant on the Project. CITY POLICY 6A City agrees to cooperate with the 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. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each 0 a subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change (10 day written notice for nonpayment of premium). The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: I. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any 7 0 & self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City (10 day written notice for nonpayment of premium). F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint - venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully n 0 rl responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City `As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in 0 • writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS 10 City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: 11 0 0 Attn: Robert Stein, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3322 Fax: 949 -644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: John Minchin Dudek & Associates, Inc. 605 Third Street Encinitas, CA 92024 Phone: 760 - 479 -4279 Fax: 760 - 942 -9976 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, 12 0 0 county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: , C-'�" "- C'� Aaron C. Harp Assistant City Attorney City of Newport Beach ATTEST: By k Iii/ aVonne Harkless, City Clerk 4 yMr t _ CITY OF NEWPORT BEACH, A Municipal Corporation City of Newport Beach CONSUL' 7 By: 1 1-06 (Co o ate Officer) Dudek & Associates, Inc. Title: r r,..: k Frimank Print Name: Pnesdent/- Title: Print Name: Od i(d 04arie.- Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates F:SUSERSIPBMSharedWgreements\FY 05- 061Dudek -Buck Gully Wetlands C- 3776.doc 14 0 0 EXHIBIT A SCOPE OF WORK Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 The following detailed task descriptions are provided to further outline Dudek's proposed services for the Buck Gully erosion control project. Task 1: Regional Water Quality Control Board Coordination and Meeting Dudek will attend a site meeting with RWQCB staff to review the scope of work and to discuss permitting requirements for the project. Dudek will also coordinate with the City and RWQCB during design development to coordinate the RWQCB permitting and review of the proposed project. Task 2: Preliminary Plan Preparation Dudek will prepare preliminary plans to address the intended design for the engineering improvements and habitat restoration/revegetation components of the project. This will include an overall preliminary site plan showing existing conditions and proposed improvements. Preliminary sections and/or details describing the proposed improvements will be included. The plan and accompanying sections and/or details will address creek bank stabilization, improvements to the existing drainage structures and creek road crossing, the creation of expanded wetland areas for increased retention and water quality treatment, the proposed habitat enhancement to remove exotic species from the wetland areas and the replanting of the disturbed/invaded areas and expanded wetland areas with appropriate native species. The preliminary plans will be drawings only and will not include a report document. A separate conceptual wetland mitigation and monitoring plan (report) document will be prepared as addressed in Task 3, to help facilitate the permitting process and to outline the proposed work and installation/monitoring requirements. Task 3: Conceptual Wetland Mitigation and Monitoring Plan Dudek will prepare a conceptual wetlands revegetation and monitoring plan report in accordance with the requirements of the resource agencies including, the U.S. Army Corps of Engineers (ACOE), the Regional Water Quality Control Board ( RWQCB), and the Calif. Dept. of Fish & Game (CDFG). The conceptual wetlands revegetation and monitoring plan will consist of written p, R 205091 -300 A ASSOCIATES, INC. 6/16/05 1 Pm(miwWTwh.c..gb .m ��:1:11 -3Yrc� SCOPE OF WORK Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June I6, 2005 text, with supportive maps and graphics that will adequately explain and outline the proposed creek improvements and revegetation program. This document will be prepared as a stand alone document in written report format, acceptable to the resource agencies. The plan will describe specific methods of creek bank stabilization, habitat revegetation, including wetland creation and enhancement, upland revegetation if required, required wetland grading, proposed planting and irrigation installation methods, maintenance requirements, performance criteria and specific guidelines for the maintenance and monitoring of the program. This task will address the onsite revegetation area associated with the creek /drainage improvements in Buck Gully only. The work does not include the identification, or planning for, any off -site revegetation or mitigation areas if they become necessary. This scope of work assumes that all required revegetation work can be accomplished on -site, within disturbed upland portions of Buck Gully. If, however, offsite work becomes necessary, then this work would be handled as an additional service with the City, once the full scope of that offsite work becomes known. The conceptual wetlands revegetation and monitoring plan will be prepared under the direction of Dudek's landscape architect and habitat restoration specialist John Minchin. Dudek would process the plan for review and approval by the City and the resource agencies, as part of the permit processing work. Final copies of the approved report would be provided to the City for submittal to the SWRCB. Typically the conceptual wetlands revegetation and monitoring plan is submitted to the resource agencies as part of the wetland permitting documentation and will help fulfill the permit requirements. Task 4: Categorical Exemption Based on our understanding of the Buck Gully Erosion Control Project and the City's direction, we understand that the City desires to use a Categorical Exemption for this project, in order to satisfy the CEQA requirements. Dudek will prepare the necessary Categorical Exemption forms and supportive documents and will submit them to the resource agencies for review. If an expanded CEQA analysis becomes necessary, then the scope and costs will need to be adjusted accordingly. .� . • 205091 -300 & ASSOCIATES, INC. 6116/05 2 Poie•aui 2mv MCayb Pqw n EXHIBIT A SCOPE OF WORK 0 Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 Task 5: Regulatory Agency Permitting This scope of work and cost estimate assumes that the project will impact wetlands onsite and that these impacts would qualify for a Nationwide Permit from ACOE, rather than individual permit. The City may decide to avoid any wetlands impacts, and the need for this permitting process. If wetlands impacts are anticipated, this scope also assumes that the City will prepare and/or provide other required documents, such as a Storm Water Pollution Prevention Program (SWPPP), Standard Urban Storm Water Mitigation Plan, Water Quality Technical Report, or Best Management Practices (BMPs) that may be required by the regulatory agencies to satisfy water quality regulations. Regulatory agency fees for permit processing are to be paid by the City. Sub -Task 5a: Section 404 Nationwide Permit Dudek will complete and submit a pre - construction notification (PCN) under a Nationwide Permit to the ACOE in compliance with Section 404 of the federal Clean Water Act. The PCN will comply with the appropriate General Permit Conditions for that Nationwide Permit and will include project description, a wetlands delineation, quantification of wetland impacts, mitigation plan, and all associated figures (vicinity maps, project site map, construction/grading cross - sections, mitigation area, etc.) and copies of the wetlands permit applications will be submitted to RWQCB and CDFG. Dudek will coordinate with the ACOE following the submission of the application. This task includes up to two meetings with ACOE staff and one possible revisit to the project site. Sub -Task 5b: Section 401 Water Quality Cert jcation Application Dudek will complete and submit an application for a Section 401 Water Quality Certification to the RWQCB. The application will include a project description, wetlands delineation, project impacts to jurisdictional waters, a mitigation plan, and discussions of the regional context of the project, biological resources, water quality impacts and measures to maintain existing water quality, and beneficial uses and impacts to these uses. All associated figures (vicinity maps, project site map, construction/grading cross - sections, mitigation area, etc.) and copies of the wetlands permit applications will be submitted to the ACOE and the CDFG. 07 oil r "If 205091 -300 & ASSOCIATES, INC. 6/16/05 3 ndwwrwla c..qa wr.�. 0 EXHIBIT A SCOPE OF WORK 0 Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 Dudek will coordinate with RWQCB staff following the submission of the application. This task will include up to two meetings with RWQCB staff and one possible revisit to the project site. Sub -Task 5c: Section 1602 Streambed Alteration Agreement Dudek will submit to the CDFG an application for a Section 1602 Streambed Alteration Agreement. The application will include a project description, wetlands delineation, mitigation plan, and discussion of the nature of the impacts to streams or lakes, sensitive plant and wildlife species, and impacts to water quality. All associated figures (vicinity maps, project site map, construction/grading cross - sections, mitigation area, etc.) and copies of the wetlands permit applications will be submitted to the RWQCB and ACOE. Dudek will coordinate with the CDFG staff, this will include up to two meetings with CDFG staff and one possible revisit to the project site. Task 6: Engineering and Revegetation Construction Documents Dudek will prepare a set of engineering and revegetation construction documents (i.e. plans, details and specifications) in plan format (i.e, 24" x 36" d -sheet format), to implement the intent of the engineering and restoration program outlined in the preliminary plans and conceptual mitigation plan. The construction documents would be prepared under the direction of Dudek's landscape architect and habitat restoration specialist John Minchin, and Dudek's Engineer Russ Bergholz, to meet the City of Newport Beach standards and guidelines and would be processed by Dudek for plan check review and approval by the City and the resource agencies. The construction documents will include a Cover Sheettride Sheet, Drainage and Site Improvement Plans, Grading Plans, Construction Details, Irrigation Plans, Irrigation Legend and Detail Sheets, Planting Plans, Planting Legend and Detail Sheets, and Construction. Specifications in plan/sheet format. Dudek will provide five sets of prints of the engineering and revegetation construction documents, at both an assumed 90 %, as well as final submittal stages. One final set of duplicate originals (i.e. reproducible drawings) will also be provided to the City at completion of the design phase. pop __._._ -�._.. 205091300 & ASSOCIATES, INC. 6/1 &05 4 Ism /�nnal mti fa Unply vnjem a EXHIBIT A SCOPE OF WORK Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 As part of the engineering design, Dudek engineers will evaluate the existing hydrology information available for the Buck Gully, provided by the City of Newport Beach. This will include research of project files and review of previous research done in the immediate area addressing storm water flow. DUDEK will evaluate the approximate anticipated flows within the study area that affect the proposed project, and will evaluate the effect they will have on the overall Buck Gully drainage. Dudek engineers will assist Dudek restoration specialists with determination of appropriate grade elevations for the revegetated wetland areas. Dudek engineers and landscape architects will prepare wetland grading plans for the revegetation areas. A formal hydrology study will not be provided. If this becomes necessary, then this would need to be provided as an additional service. Task 7: Preparation of a QAPP Plan Dudek will prepare a Quality Assurance Protection Plan (QAPP), per the requirements of the City of Newport Beach. The plan will address all environmental protection requirements and monitoring and reporting requirements necessary to assure the installation progresses as intended and is accomplished to the City standards. The plan will outline the various reporting and monitoring requirements to be implemented during the installation phase of the project. Task 8: Biological QAPP Construction Monitoring Dudek will provide QAPP construction monitoring to assure that the intent of the plans and specifications, as described in the engineering and revegetation construction documents, are implemented properly by the contractor and in compliance with the City's QAPP requirements. It is assumed that actual construction work will be performed by a separate contractor hired under separate contract, directly by the City. The scope of work and fees for the contractor will be solicited separately by the City, once the construction documents are completed. The biological QAPP construction monitoring is assumed to include a pre - construction site visit with the City and the contractor, periodic monitoring of construction milestones, and regular monitoring during the 120 -day plant establishment/maintenance period. Long -term biological monitoring to assure that the project meets any specific performance standards and/or success 205091300 & ASS0C1ATE5, INC. 6/16/05 5 P.Ja ,T p C —,q w *. 0 EXHIBIT A SCOPE OF WORK 0 Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June I6, 2005 criteria is not included in this current scope of work, and it is assumed that this would be contracted for at a later date, once the full scope of the long —term monitoring program has been determined. Dudek will conduct a pre - construction "kick -off' site visit to assess site conditions, delineate the project limits and existing native vegetation within the project boundaries that is to be preserved, establish the revegetation area boundaries, establish construction staging areas, discuss irrigation provisions and water connections, coordinate equipment access issues, and verify that all site protection requirements are being abided by the contractor. Dudek will document the pre - construction meeting in a site observation report. Dudek will conduct periodic monitoring visits during the construction process to review protective fencing, site preparation, grading and drainage improvements, creek bank stabilization, weed removal, soil preparation, irrigation system installation, container plant and seed installation, and any other items specified in the final construction documents. This scope of work assumes that twelve site visits will be conducted during this phase of the project, including attendance at the pre- construction "kick -off' meeting, periodic milestone site visits during key installation phases, and a final installation walk - through with the contractor and City at the end of the installation phase. Dudek will prepare site observation reports after each site visit documenting the status of the installation and outlining items needing attention by the contractor. Dudek will fax copies of the site observation reports to the City immediately upon completion and will keep the City informed of key issues and coordination items via phone as they arise. Dudek will monitor site conditions, plant establishment growth and the status of maintenance work once monthly throughout the 120 -day post - construction plant establishment/maintenance period (four visits). Dudek will prepare a site observation report after each visit, and will discuss any observed or anticipated problems and possible remedial corrective actions with the City and the contractor for resolution. 205091 -300 & ASSOCIATES, INC. 6116/05 6 �M��xwMC..W..Pvirt 0 EXHIBIT A SCOPE OF WORK 0 Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 Upon completion of the 120 -day plant establishment/maintenance period, Dudek will prepare a final letter report summarizing the monitoring observations made during the project installation and plant establishment periods. This letter will also formally acknowledge the start of the long- term maintenance and monitoring period, which is assumed to be a five -year period, for compliance with resource agency permits. Any variations of the installation from the construction documents will be noted and the reasons for the changes will be documented. Any extension in the duration of the installation and/or increased frequency of monitoring visits requested by the City would be considered an additional service, to be negotiated accordingly with the City. Task 9: Project Management Coordination & City Liaison Overall Dudek project management and City coordination will be performed by Tom Larson, out of Dudek's Orange County office. Individual task management responsibilities will be assigned by Mr. Larson utilizing staff out of Dudek's Encinitas Corporate office, accordingly. It is currently envisioned that Myloc Ngyen will provide the CEQA/Categorical Exemption work, Russ Bergholtz will provide the engineering design oversight and John Minchin will provide the habitat restoration design and monitoring services coordination. 205091,300 & ASSOCIATES, INC. 616/05 7 RopeowlT /nCarpc Pre,rcu 0 0 DUDEK & ASSOCIATES, INC. Exhibit 6 2005 STANDARD SCHEDULE OF CHARGES Engineering Services Project Director .............. .....................$175.00 /hr /hr Program Manager .......... .....................$165.00 Senior Project Manager/Specialist ...... /hr Principal Engineer 11 ....... .....................$155.00 $140.00/hr /hr Principal Engineer I ........ .....................$145.00/hr Environmental Specialist/Planner IV ... $120.00/hr Senior Project Manager . .....................$135.00 $110.00/hr /hr Project Manager ............. .....................$125.00 Environmental Specialist/Planner I .......$90.00 /hr Resident Engineer.. ........ - ................. $120.001hr /hr Senior Engineer II .......... .....................$115.00/hr $95.00/hr $47.00 /hr Senior Engineer I .......... .....................$105.00 $45.00 /hr /hr Project Engineer II .......... ......................$95.00/hr Project Engineer I ............ ......................$90.00 /hr Field Engineer 11 .............. ......................$95.00 /hr Field Engineer I ............... ......................$80.00 /hr Engineering Assistant ..... ......................$65.00 /hr Environmental Services /hr Principal ............... ............................... $175.001hr Senior Project Manager/Specialist ...... $150.00 /hr Environmental Specialist/Planner VI ... $140.00/hr Environmental Specialist/Planner V....$130.00 /hr Environmental Specialist/Planner IV ... $120.00/hr Environmental Specialist/Planner III ... $110.00/hr Environmental Specialist/Planner 11....$100.00 /hr Environmental Specialist/Planner I .......$90.00 /hr Analyst ............................ ......................$75.00 /hr Urban and Community Forestry Principal /Senior Consulting Arborist ...$175.00/hr Senior Project Manager ....................$150.00 /hr Urban Forestry Specialist V ................$130.00 /hr Urban Forestry Specialist IV ...............$120.00 /hr Urban Forestry Specialist M.... ............ $110.00thr Urban Forestry Specialist 11 .................$100.00 /hr Urban Forestry Specialist I ....................$90.00 /hr Research Analyst ............ ......................$65.00 /hr Construction Management Services Principal /Manager ............................... $175.00/hr Sr. Hydrogeologist/Sr. Project Manager $150.00/hr Senior Construction Manager ............$150.00 $115.00/hr /hr Construction Manager .... .....................$135.00 Hydrogeologist I I I /Engineer III ................. /hr Senior Project Manager . .....................$135.00 $85.00 /hr /hr Project Manager ............. .....................$125.00 Technician ................ ............................... /hr Resident Engineer ....... .....................$120.00 Grade III Operator ..... ............................... /hr Construction Engineer ... .....................$105.00 $60.001hr /hr On -site Owner's Representative ........... $95.00/hr $47.00 /hr Construction Inspector III ......................$95.00 $45.00 /hr /hr Construction Inspector 11 . ......................$90.00/hr Construction Inspector I .. ......................$85.00 /hr e t I& ASSOCLATES. INC., Hydrogeological Services Principal ........................................ ..... -- $175.00 /hr Sr. Hydrogeologist/Sr. Project Manager $150.00/hr Associate Hydrogeologist/Engineer....... $115.00/hr Hydrogeologist IV /Engineer IV .............. $110.00 1hr Hydrogeologist I I I /Engineer III ................. $95.00 /hr Hydrogeologist II /Engineer II ................... $85.00 /hr Hydrogeologist 1 /Engineer I ..................... $75.00 /hr Technician ................ ............................... $65.00 /hr District Management & Operations District General Manager ....................... $155.00 /hr District Engineer ..... ............................... $120.00 /hr District Manager ..... ............................... $130.00 1hr District Manager Assistant ....................... $75.00 1hr District Secretary/Account ...................... $80.00 /hr Collections System Manager .................$80.00 /hr Grade V Operator ..... ............................... $95.00 /hr Grade IV Operator .... ............................... $80.00 1hr Grade III Operator ..... ............................... $70.00 1hr Grade II Operator ...... ............................... $60.001hr Grade I Operator ....... ............................... $57.00 /hr Operator in Training., ............................... $47.00 /hr Collection Maintenance Worker 11............ $45.00 /hr Collection Maintenance Worker I ............. $34.00 1hr Office Services Technical /Drafring /CADD Services 3D Graphic Artist .... ............................... $125.00 /hr Senior Designer ........ ............................... $95.00/hr Designer................... ............................... $85.00 /hr GIS Specialist IV ..... ............................... $100.00 1hr GIS Specialist 111 ....... ............................... $95.00 1hr GIS Specialist II ........ ............................... $85.00 1hr GIS Specialist I ......... ............................... $80.00 /hr CADD Operator 11 ..... ............................... $80.00/hr CADD Operator I ...... ............................... $70.00 /hr Support Services Computer Processing .............................. $65.00 /hr Clerical Administration ............................. $60.00 /hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness will be billed at 1.75 times normal rates. o. aye- 1.s 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 40.5 cents per mile. Per diem where overnight stay is involved Is charged at cost rmnfhly an be ces are in y (30) days from the care of the in oic Client - arge landing be an fo-ra,uL Effective January 1, 2005 0 0 EXHIBIT B COST ESTIMATE Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal .Tune 16, 2005 The following costs, broken down by task, further outline Dudek's proposed costs for the services necessary for the Buck Gully erosion control project. Task 1 Regional Water Quality Control Board Coordination The estimated labor cost for this task is... .......................................................................... $1,500.00 Task 2 Preliminary Plan Preparation The estimated labor cost for this task is. Task 3 Conceptual Wetlands Mitigation and Monitoring Plan The estimated labor cost for this task is .......... ............................... Task 4 Categorical Exemption The estimated labor cost for this task is Task 5 Resource Agency Permitting .....$6,500.00 ............... $4,500.00 ........................ $2,500.00 The estimated labor cost for this task is ...................... ............................... .....................$12,000.00 Task 6 Engineering and Revegetation Construction Documents The estimated labor cost for this task Task 7 Preparation of a QAPP Plan The estimated labor cost for this task is ...... Task 8 Biological QAPP Construction Monitoring The estimated labor cost for this task is ....................... ........... ............................... $17,500.00 .......$2,500.00 ................. $8,500.00 Task 9 Project Management Coordination & City Liason The estimated cost for this task is ................................. ............................... ......................$2,500.00 TOTAL ESTIMATED COSTS ..................... ............................... ..................... $58,000.00 205091 -300 6i ASSOCIATES, INC. 6116/05 1 N.I.uxie�'R.., fw G. W c nMw EXHIBIT B COST ESTIMATE Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 All work performed by Dudek will be billed on a time- and - materials basis, according to Dudek's 2005 Standard Schedule of Charges. Total Dudek labor costs for this scope of work are not to exceed $58,000.00. Direct(reimbursable charges, such as printing and reprographics, mileage for site visits, delivery charges, and other miscellaneous reimbursable charges, will be billed at cost plus 15% markup and are anticipated to be approximately $2,000.00. The total Dudek contract amount for the described scope of work, including direct/reimbursable costs, would be $60,000.00. All services would be billed monthly on a time and materials basis, per Dudek's 2005 Standard Schedule of Charges, not to exceed this amount, for the services described. All additional services would be billed at a time and materials basis in addition to this amount, based upon approval by the City of Newport Beach. it - 205091 -300 & ASS HIES, INC. 6116/05 2 �d�ewmmMC..,ga epne, Ah a ACORD CERTIFICATE OF LIABILITY INSURANCE DA 09/29/2005 PRODUCER PhWe: (360)5883700 Few (38D)SS -3703 MICHAEL J' HALL & COMPANY AIE INSURANCE SERVICES 19878 10TH AVENUE N.E. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POULSBO WA 98370 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TYPE OF INSURANCE POLICYNUMBER Agency Lic#: 0792445 INSURERS AFFORDING COVERAGE NAIC 4 INSURED INSURERA ZURICH AMERICAN 114SURANCE CO. GENERAL LIABILITY INSURER B: STEADFAST INSURANCE COMPANY 08126109 DUDEK & ASSOCIATES, INC. 605 3RD STREET ENCINITAS CA 92024 INSURER C: i 1,000,000 INSURER D: S 100,000 INSURER E: X COMMERCIAL GENERAL LIABILITY CLAMS MAOEF-X] OCCUR COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY DE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS. INSR LM ADDI INSIZE TYPE OF INSURANCE POLICYNUMBER P�� EMFECTNB PdICY IwRAnDN LIMITS NEWPORT BEACH, CA 92663 Aftertion: ROBERT STEIN GENERAL LIABILITY GLOS435736-01 08126109 061128/06 EACH OCCURRENCE i 1,000,000 D GTO PBMIED Pxm S 100,000 X COMMERCIAL GENERAL LIABILITY CLAMS MAOEF-X] OCCUR M®. EXP CAW me PRSeD) a 61900 A PERSONALS ADV INJURY S 1,000A00 GENERALAGGREGATE a 2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTSCOMPXIPAGG. a 2,000,000 POLICY PRCOT LOC AUTOMOBILE WBIUTY ANYAUTO BAP5435754-01 06/28105 06/26/06 COMBINED SINGLE LIMB (Ea aacddwM a 1,000,01H) X BODILY INJURY ALL OWNED ALTOS A SCHEDULEDAUTOS HIREDAUTOB NONCWNED AUTOS (PR PA) i X BODILY INJURY IPaaCddanH) i X PROPERTY DAMAGE (P ROddeH i GARAGE LU4&UTY ALITO ONLY -FA ACCIDENT a OTHER THAN EA ACC S AIRYAVfO AUTO ONLY. AGO a EXCESS I UMSMELLALIAELIiY SE06436225-01 awe" 08!26!06 EACH OCCURRENCE i 1,000,000 X OCCUR O CLAIMS WADE AGGREGATE i 1,000,000 e s i DEDUCTIBLE RETENTION i y A WORKERS COMPENSATION AND LiAPlOYERSP LIABILITY ANYPRDPWBTOIp TARiTffRIEI�(Iarttyl; DFFlesue®IBIR O10LU8®P V005438737 -01 00/28/05 08/28/06 TORYLWrtS _THM E.L. EACH ACCIDENT a 1 0000 � , E.L.DISEASEZAEMPLOYEE 1,000 000 BP-0ALPROVNIp�Ne eHpW IS EL DISEASE- POLICYLIMIT 6 1,000,000 OTHER: PROFESSIONAL LIABILITY PECS435734.01 08/28166 08128106 $1,000,000 PER CLAIM g POLLUTION LIABILITY CLAIMS MADE POLICY $1,000,000 AGGREGATE RETRO DATE: 111170 DESCRIPTION OF OPERA770NS /LOCATIONSAIEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS SEE SUPPLEMENTAL CERTIFICATE INFORMATION CERTIFICATE HOLDER CANCELLATION ACORD 26 (2001108) CBNIBCBIB # 35492 0 ACORD CORPORATION 1986 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 DAYS PUBLIC WORKS DEPARTMENT WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, CITY OF NEWPORT BEACH ms AGENTS OR REPRESENTATIVES. 3300 NEWPORT BLVD. AUTHORIZED AUTHORIZED REPRESENTATIVE e�EY NEWPORT BEACH, CA 92663 Aftertion: ROBERT STEIN HURT ACORD 26 (2001108) CBNIBCBIB # 35492 0 ACORD CORPORATION 1986 • POLICY NUMBER: GLO5435736 -01 10 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS (Foam R) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COMMERCIAL AUTO LIABILITY SCHEDULE Name of Person or Organization; THE CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Certificate # 35482 0 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are requited by a written contract to obtain this waiver from us. This endorsment shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsment is shown in the Schedule. Schedule Specific Waiver Name of person or organization THE CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, EMPLOYEES AN (> Blanket waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium The premium charge for this endorsment shall be percent of the premium developed on payroll in connection with work performed for the above person(s) or orgy rization(s) arising out of the operations described. 4. Minimum premium 5.. Advance Premium All other terms and condition of the policy remain unchanged (The information below is required to be completed only when this eadorsmeut is issued subsequent to the policy effective date.) Effective SEP 29 05, this endorsement forms part of Policy No. WC5435737 -01 Of Issued to: DUDEK & ASSOCIATES, INC. Endorsement No. e z AUTHOPM ED REPRESENTATIVE ASHLEY L. HURD Certificate# 35492 0 POLICY NUMBER- GLO5435736 -01 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ THIS CAREFULLY ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following• COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance is primary for the person or organization shown In the schedule, but only with respect to liability arising out of your work or that insured by or for you. Other Insurance afforded to that insured will apply as excess and not contribute as primary to the Insurance afforded by this endorsement. All other endorsement provisions, conditions and exclusions of this insurance shall remain unchanged and apply to the additional insured and described below. SCHEDULE ADDITIONAL INSURED THE CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS NAMED INSURED DUDEK &ASSOCIATES, INC. 605 3RD STREET ENCINITAS CA 92024 Certificate 0 35492 i SUPPLEMENT TO CWTIFICATE OF LIABILITY IRS #35492 sE 2 . DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES (SPECIAL ITEMS DUDEK JOB 04783 -1 A WAIVER OF SUBROGATION APPLIES TO THE GENERAL LIABILITY, AUTO LIABILITY, WORKERS COMPENSATION AND UMSRELLAf EXCESS LIABILITY POLICIES IN FAVOR OF THE CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS. THE CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE ADDI7IONAL INSUREDS ON THE COMMERCIAL GENERAL LIABILITY AND COMMERCIAL AUTO POLICIES AS RESPECTS LIABILITY ARISING OUT OF ACTIVITIES BY, OR ON BEHALF OF THE NAMED INSUREDS. THIS INSURANCE IS PRIMARY INSURANCE AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSUREDS SHALL BE EXCESS ONLY AND NON CONTRIBUTING WITH THIS INSURANCE. it q"Q2 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT O y /koo .ass) C- 3Q`-78 Agenda Item No. 8 July 26, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein, P.E. 949-644 -3311 rstein@city.newport-beach.ca.us SUBJECT: BUCK GULLY WETLANDS AND APPROVAL OF PROFESSIONAL DUDEK & ASSOICATES, INC. RECOMMENDATION: SERVICES AGREEMENT WITH Approve a Professional Services Agreement with Dudek & Associates, Inc., (Dudek) of Encinitas, California, for the Buck Gully Wetlands and Maintenance Road Repair at a contract price of $60,000 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: In 2003, the State Water Resources Control Board awarded the City a grant to assist in the renovation of Buck Gully including the construction of wetlands. These grant funds will be used to hire a consultant to prepare a design to rejuvenate degraded wetland areas in the gully adjacent to the canyon road that takes access at 5`h Avenue and Poppy Avenue. The project design will also include repair of the roadway where it crosses the streambed. This road provides access to a City water main valve and blow -off assembly on the east side of the canyon. The consultant will also obtain the required permits and environmental clearances. All construction documents and permits are expected to be completed within six months and the project will be immediately advertised with construction initiating in March, 2006. Construction costs are roughly estimated to be between $60,000 and $90,000. Available grant funding for construction is only $60,000. Any additional funding would require City funds. Statement of Qualifications (SOQ's) were received from seven consultants for an earlier project in the watershed (Newport Coast Watershed Flow and Water Quality Assessment Project). After review of these SOQ's, two consultants, Dudek and Psomas were invited to submit proposals to provide design, permitting and environmental clearances services. SUBJECT: Buck Gully Welland& Maintenance Road Repair - Approval of ProfessoServices Agreement With Dudek & Associates, Inc. July 26, 2005 Page 2 The proposals were independently reviewed to evaluate each firm's qualifications, past experience on similar projects, and availability before ranking Dudek higher. Upon selection, staff negotiated with Dudek to provide the necessary scope of services for a fee of $60,000. Dudek has completed services competently and professionally on similar projects for other local agencies in Southern California. The scope of Dudek's professional services will include: Preparing design drawings to restore the roadway over the streambed and the adjacent wetland areas Prepare and process permits with the jurisdictional agencies Prepare environmental documents to support the permits Funding Availability: There are sufficient funds available in the following account for the project: Account Description Account Number Amount Prop 13 Suck Gully Grant 7255- C5100659 $60,000.00 Environmental Review: The preparation of an environmental document to meet CEQA requirements is part of the scope of services. Prepared by: D D2zrC� Robert Stein, P.E. Principal Civil Engineer Attachment: Professional Services Agreement • 0 PROFESSIONAL SERVICES AGREEMENT WITH DUDEK & ASSOCIATES, INC., FOR BUCK GULLY WETLANDS AND ACCESS ROAD REPAIR THIS AGREEMENT is made and entered into as of this day of , 2005, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and DUDEK & ASSOCIATES, INC., a California corporation, whose address is 605 Third Street, Encinitas, California, 92024 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement an erosion control project in the Buck Gully canyon, which will include refurbishing the wetlands and the Buck Gully 5° Avenue access road crossing of the streambed. C. City desires to engage Consultant to provide environmental and engineering services in connection with the erosion control project, including preparation of . preliminary design plans showing potential creek bank stabilization measures and drainage improvements; preparation of a wetlands revegetation plan; and drafting of construction documents, environmental documentation and all necessary permit applications to implement the improvements ( "Project"). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Tom Larson. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31" day of December 2006, unless terminated earlier as set forth herein. 2. 3. 9 9 .• SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time - and - materials not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Sixty Thousand Dollars and no /100 ($60,000.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 2 • i 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. s5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated John Minchin to be its Project Manager. Consultant shall not remove or reassign the Project Manager on the Project without the prior written consent of City. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Robert Stein shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 3 • i A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve- or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently 2 0 • .1 performed or services negligently provided under this Agreement (including, without limitation, defects in workmanship or materials and/or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 0 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his /her duly authorized designee informed on a regular basis regarding the status and V 14. progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed 0 0 under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. 7 15. 16. 17 • • F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such "subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. OWNERSHIP OF DOCUMENTS Each and every.report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to I 0 Consultant's deliverables under this Agreement Consultant is waived against Consultant and Cit y such changes unless City has given Consultant from Consultant written consent for such changes. • by City or persons other than assumes full responsibility for prior notice and has received All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright P*A 23. 24. 25. 26. 0 0 infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or.for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such 10 0 persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Robert Stein, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3322 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: John Minchin Dudek & Associates, Inc. 605 Third Street Encinitas, CA 92024 Phone: 760 -479 -4279 Fax: 760- 942 -9976 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of 11 29. U 31 32 33. 34. 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. 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. 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. 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. 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. 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. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 12 0 1 Ll 0 0 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Aaron C. Harp Assistant City Attorney City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: John Heffernan, Mayor for the City of Newport Beach CONSULTANT: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — 2005 Schedule of Billing Rates F: %USERS%PBVISharedlAgreementstFY 05- 061Dudek -Buck Gully Wetlands C- 3778.doc 13 Engineering, Planning, Corporate Office: i & ASSOCIATES, I NC. Environmental Sciences and 605 Third Street Management servfus Encinitas. California 92024 June 16, 2005 Robert Stein Principal Civil Engineer, Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 760.942.5147 FaOM.6320164 205091 -300 Subject. Revised Project Proposal for Environmental and Engineering Services for the Buck Gully Erosion Control Project; City of Newport Beach, California Dear Mr. Stein: Dudek & Associates, Inc. (Dudek) is pleased to submit this revised project proposal for environmental and engineering services related to the Buck Gully Erosion Control Project in the City of Newport Beach. This revised proposal is based upon the modified project that we discussed at our site meeting with you on June 1, 2005, and your subsequent direction provided in your Scope of Work (SOW) write -up and sketch dated June 3, 2005. The proposed scope of work is now refocused on and limited to the storm drain outfall and road crossing location at the bottom of Buck Gully, at the end of the canyon access road, below Poppy Avenue & 51h Avenue. It is our understanding that the project will now focus on improving the drainage facilities in that location, repairing erosion damage, removing sediment accumulation and developing a water quality treatment basin area at the confluence of the main creek and the side drainage coming from the outfall pipe, so that the area can be rehabilitated to provide improved water quality for downstream resources. The goal of the project will be to improve the creek and side drainage, while demonstrating both engineering and revegetation treatments to the State Water Resources Control Board ( SWRCB) and the public, with the goal to help improve water quality in the creek in that location. The project would be designed to address the intent of the SWRCB water quality treatment grant. It is our understanding that the city has received preliminary direction from SWRCB, that doing work in one location of the creek may satisfy the grant requirements. This current proposal is based upon that assumption. If the scope of the project expands then this scope of work and costs would need to be modified accordingly. 10 0 is Mr. Robert Stein Re: Revised Project Proposal for Environmental and Engineering Services for the Buck Gully Erosion Control Project, City of Newport Beach, California The services outlined in this proposal include attending a meeting with the local Regional Water Quality Control Board (RWQCB) staff; preparation of preliminary plans showing the proposed engineering creek bank stabilization measures and drainage improvements; preparation of a preliminary plan showing the modification of wetland areas with proposed revegetation treatments and enhancement measures including removal of exotic species and planting of new wetland native species; preparation of a conceptual wetland mitigation and monitoring plan (report); preparation of a Categorical Exemption; permitting coordination and processing with the resource agencies; preparation of construction documents for the construction of the drainagetcreek improvements; preparation of construction documents for the wetland mitigation/revegetation areas; and preparation of a QAPP monitoring plan. While you did not specifically request it in your SOW, we have decided to include the preparation of the conceptual plan because we believe it will be required as part of the permit processing. We have also included in this scope of work construction monitoring during installation to help monitor the project for QAPP compliance. This current proposal includes the scope of work and costs associated with the design, permitting and monitoring work only. We have not included the actual scope or cost for the construction work in this proposal, since the full scope of the necessary construction work is not known at this time, and won't be known until the construction documents are completed. Since the proposed work includes more than just revegetation work, it is impossible for us to provide any sort of accurate cost for the full scope of the anticipated construction work at this time. It is assumed that once construction documents are prepared then bids can be solicited from a contractor, and/or contractors, for installing all of the required improvements. Our subsidiary landscape contracting and maintenance company, Habitat Restoration Sciences, Inc. (HRS), can provide a bid proposal to you at that time for some of the grading work and the revegetation work if desired. However, the civil engineering construction work for the drainage improvements, including the rip /rap placement, etc., which will be needed to address the construction of the new drainage improvements, will likely need to be bid on by a separate contractor, once the engineering construction documents are completed. We understand that you would like us to utilize the Categorical Exemption procedure for this project for CEQA compliance, utilizing this approach assumes that minimal to no environmental impacts would be incurred by this project and that the resource agency permitting would be simple, assuming that the resource agency staff agree with this approach. If additional CEQA analysis, review and processing, beyond the Categorical Exemption process, become necessary, then our scope and costs would need to be modified accordingly to address the necessary 4Dadditional work. tt_` f��. 7,7777E 205091 soo & ASSOCIATES, INC. 1 6/16/05 2 0 0 Mr. Robert Stein Re: Revised Project Proposal for Environmental and Engineering Services for the Buck Gully Erosion Control Project, City of Newport Beach, California This proposal also assumes that the necessary work will be located in jurisdictional waters under regulatory authority of the U.S. Army Corps of Engineers (ACOE), the Regional Water Quality Control Board (RWQCB), and the California Department of Fish and Game (CDFG), and that the permitting would be handled in the most streamlined procedure available, assuming a Nationwide Permit with ACOE, a streambed alteration agreement with CDFG and 401 water quality permit with RWQCB. If more involved individual permits become necessary, then the scope of work and costs would need to be expanded accordingly. We assume that the affected wetland areas may include minor impacts to open water, freshwater marsh and southern arroyo willow riparian forest A wetland delineation will need to be prepared as part of the permitting work, to help establish the limits of the wetlands, so that accurate impact assessments can be made. This is usually a requirement of the permitting agencies. It is also envisioned that the proposed creek improvements and associated construction access work, may have some indirect affect on upland coastal sage scrub resources that may require additional permitting coordination with the City and the wildlife agencies, due to the potential effect on the coastal California gnatcatcher (Poliioptila californica californica). This proposal assumes that we would simply utilize time of year so that construction work would not occur during the breeding season, thus avoiding indirect impacts to this species, such as from noise during construction. As you know, Dudek is already under separate contract to provide the biological resources surveys for sensitive /endangered species in this vicinity, so we will have additional information in the near future with which to make further decisions on pertinent restrictions and/or additional potential permitting requirements. If more involved permitting with the resource agencies including, the U.S. Fish & Wildlife Service, become necessary, then the scope of work and costs would need to be adjusted accordingly to address this additional work. Finally, this proposal also includes biological QAPP monitoring services to assess and monitor the installation and implementation of this project during its construction and throughout the initial 120 -day plant establishment/maintenance period for the revegetation areas. We assume that the City will separately hire a contractor and/or contractors to implement the actual construction and maintenance work involved in this project. A detailed breakdown of the proposed services and costs is provided herein in Exhibits A & B. Please feel free to call me at (760) 4794279, or Tom Larson at Dudek's Orange office at (714) 998 -8330, if you have specific technical questions regarding this proposal. I* X7777 C`i? r� 205091 -300 & A630CIATES, INC. 6116105 3 0 0 0 Mr. Robert Stein Re: Revised Project Proposal for Environmental and Engineering Services for the Buck Gully Erosion Control Project, City of Newpon Beach, California Thank you again for the opportunity to resubmit a proposal for this work and we look forward to continuing to work with the City on the planning and implementation of this project. Very truly yours, DUDEK & ASSOCIATES, INC. John L. Minchin Habitat Restoration Specialist/ Landscape Architect #2225 An.: Exhibits A & B cc: David Fleitner, Dudek & Associates, Inc. Myloc Nguyen, Dudek & Associates, Inc. Tom Larson, Dudek & Associates, Inc. (Orange) Russ Bergholz Dudek & associates, Inc. Mark Girard, HRS l' �. t. t, �.: r lftf 205031.300 6x ASSOCIATES, INC. 6116105 4 0 0 EXHIBIT A SCOPE OF WORK Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June I6, 2005 The following detailed task descriptions are provided to further outline Dudek's proposed services for the Buck Gully erosion control project. Task 1: Regional Water Quality Control Board Coordination and Meeting Dudek will attend a site meeting with RWQCB staff to review the scope of work and to discuss permitting requirements for the project. Dudek will also coordinate with the City and RWQCB during design development to coordinate the RWQCB permitting and review of the proposed project. Task 2: Preliminary Plan Preparation Dudek will prepare preliminary plans to address the intended design for the engineering 46 improvements and habitat restoration/revegetation components of the project. This will include an overall preliminary site plan showing existing conditions and proposed improvements. Preliminary sections and/or details describing the proposed improvements will be included. The plan and accompanying sections and/or details will address creek bank stabilization, improvements to the existing drainage structures and creek road crossing, the creation of expanded wetland areas for increased retention and water quality treatment, the proposed habitat enhancement to remove exotic species from the wetland areas and the replanting of the disturbed/invaded areas and expanded wetland areas with appropriate native species. The preliminary plans will be drawings only and will not include a report document. A separate conceptual wetland mitigation and monitoring plan (report) document will be prepared as addressed in Task 3, to help facilitate the permitting process and to outline the proposed work and installation/monitoring requirements. Task 3: Conceptual Wetland Mitigation and Monitoring Plan Dudek will prepare a conceptual wetlands revegetation and monitoring plan report in accordance with the requirements of the resource agencies including, the U.S. Army Corps of Engineers (ACOE), the Regional Water Quality Control Board ( RWQCB), and the Calif. Dept. of Fish & Game (CDFG). The conceptual wetlands revegetation and monitoring plan will consist of written • 205091300 S ASSOCIATES, INC- 6116/05 1 EXHIBIT A SCOPE OF WORK Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 text, with supportive maps and graphics that will adequately explain and outline the proposed creek improvements and revegetation program. This document will be prepared as a stand alone document in written report format, acceptable to the resource agencies. The plan will describe specific methods of creek bank stabilization, habitat revegetation, including wetland creation and enhancement, upland revegetation if required, required wetland grading, proposed planting and irrigation installation methods, maintenance requirements, performance criteria and specific guidelines for the maintenance and monitoring of the program. This task will address the onsite revegetation area associated with the creek /drainage improvements in Buck Gully only. The work does not include the identification, or planning for, any off -site revegetation or mitigation areas if they become necessary. This scope of work assumes that all required revegetation work can be accomplished on -site, within disturbed upland portions of Buck Gully. If, however, offsite work becomes necessary, then this work would be handled as an additional service with the City, once the full scope of that offsite work becomes known. The conceptual wetlands revegetation and monitoring plan will be prepared under the direction of Dudek's landscape architect and habitat restoration specialist John Minchin. Dudek would process the plan for review and approval by the City and the resource agencies, as part of the permit processing work. Final copies of the approved report would be provided to the City for submittal to the SWRCB. Typically the conceptual wetlands revegetation and monitoring plan is submitted to the resource agencies as part of the wetland permitting documentation and will help fulfill the permit requirements. Task 4: Categorical Exemption Based on our understanding of the Buck Gully Erosion Control Project and the City's direction, we understand that the City desires to use a Categorical Exemption for this project, in order to satisfy the CEQA requirements. Dudek will prepare the necessary Categorical Exemption forms and supportive documents and will submit them to the resource agencies for review. If an expanded CEQA analysis becomes necessary, then the scope and costs will need to be adjusted accordingly. 7'j�, V y. ,7 1 205091.300 5i ASSOCIATES, INC. 6!16!05 2 0 0 EXHIBIT A SCOPE OF WORK Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 Task 5: Regulatory Agency Permitting This scope of work and cost estimate assumes that the project will impact wetlands onsite and that these impacts would qualify for a Nationwide Permit from ACOE, rather than individual permit. The City may decide to avoid any wetlands impacts, and the need for this permitting process. If wetlands impacts are anticipated, this scope also assumes that the City will prepare and/or provide other required documents, such as a Storm Water Pollution Prevention Program (SWPPP), Standard Urban Storm Water Mitigation Plan, Water Quality Technical Report, or Best Management Practices (BMPs) that may be required by the regulatory agencies to satisfy water quality regulations. Regulatory agency fees for permit processing are to be paid by the City. Sub -Task 5a: Section 404 Nationwide Permit Dudek will complete and submit a pre- construction notification (PCN) under a Nationwide Permit to the ACOE in compliance with Section 404 of the federal Clean Water Act. The PCN will comply with the appropriate General Permit Conditions for that Nationwide Permit and will include project description, a wetlands delineation, quantification of wetland impacts, mitigation plan, and all associated figures (vicinity maps, project site map, construction/grading cross - sections, mitigation area, etc.) and copies of the wetlands permit applications will be submitted to RWQCB and CDFG. Dudek will coordinate with the ACOE following the submission of the application. This task includes up to two meetings with ALOE staff and one possible revisit to the project site. Sub -Task 5b: Section 401 Water Quality Certocation Application Dudek will complete and submit an application for a Section 401 Water Quality Certification to the RWQCB. The application will include a project description, wetlands delineation, project impacts to jurisdictional waters, a mitigation plan, and discussions of the regional context of the project, biological resources, water quality impacts and measures to maintain existing water quality, and beneficial uses and impacts to these uses. All associated figures (vicinity maps, project site map, construction/grading cross - sections, mitigation area, etc.) and copies of the wetlands permit applications will be submitted to the ACOE and the CDFG. 0 205091.300 S ASSOCIATES, INC. 6116105 3 hJ..auii ,nC�Ma Pq.au 0 EXHIBIT A SCOPE OF WORK Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 Dudek will coordinate with RWQCB staff following the submission of the application. This task will include up to two meetings with RWQCB staff and one possible revisit to the project site. Sub -Task 5c: Section 1602 Streambed Alteration Agreement Dudek will submit to the CDFG an application for a Section 1602 Streambed Alteration Agreement. The application will include a project description, wetlands delineation, mitigation plan, and discussion of the nature of the impacts to streams or lakes, sensitive plant and wildlife species, and impacts to water quality. All associated figures (vicinity maps, project site map, construction/grading cross - sections, mitigation area, etc.) and copies of the wetlands permit applications will be submitted to the RWQCB and ACOE. Dudek will coordinate with the CDFG staff; this will include up to two meetings with CDFG staff and one possible revisit to the project site. Task 6: Engineering and Revegetation Construction Documents Dudek will prepare a set of engineering and revegetation construction documents (i.e. plans, details and specifications) in plan format (i.e. 24" x 36" d -sheet format), to implement the intent of the engineering and restoration program outlined in the preliminary plans and conceptual mitigation plan. The construction documents would be prepared under the direction of Dudek's landscape architect and habitat restoration specialist John Minchin, and Dudek's Engineer Russ Berghol4 to meet the City of Newport Beach standards and guidelines and would be processed by Dudek for plan check review and approval by the City and the resource agencies. The construction documents will include a Cover Sheet/Title Sheet, Drainage and Site Improvement Plans, Grading Plans, Construction Details, Irrigation Plans, Irrigation Legend and Detail Sheets, Planting Plans, Planting Legend and Detail Sheets, and Construction. Specifications in plan/sheet format. Dudek will provide five sets of prints of the engineering and revegetation construction documents, at both an assumed 90 %, as well as final submittal stages. One final set of duplicate originals (i.e. reproducible drawings) will also be provided to the City at completion of the design phase. 205091 -300 A ASSOCIATES, INC. 6116105 4 o..fu�i mM lw co-.ga P»X.� • • EXHIBIT A SCOPE OF WORK Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 As part of the engineering design, Dudek engineers will evaluate the existing hydrology information available for the Buck Gully, provided by the City of Newport Beach. This will include research of project files and review of previous research done in the immediate area addressing storm water flow. DUDEK will evaluate the approximate anticipated flows within the study area that affect the proposed project, and will evaluate the effect they will have on the overall Buck Gully drainage. Dudek engineers will assist Dudek restoration specialists with determination of appropriate grade elevations for the revegetated wetland areas. Dudek engineers and landscape architects will prepare wetland grading plans for the revegetation areas. A formal hydrology study will not be provided. If this becomes necessary, then this would need to be provided as an additional service. Task 7: Preparation of a QAPP Plan 0 Dudek will prepare a Quality Assurance Protection Plan (QAPP), per the requirements of the City of Newport Beach. The plan will address all environmental protection requirements and monitoring and reporting requirements necessary to assure the installation progresses as intended and is accomplished to the City standards. The plan will outline the various reporting and monitoring requirements to be implemented during the installation phase of the project. Task 8: Biological QAPP Construction Monitoring Dudek will provide QAPP construction monitoring to assure that the intent of the plans and specifications, as described in the engineering and revegetation construction documents, are implemented properly by the contractor and in compliance with the City's QAPP requirements. It is assumed that actual construction work will be performed by a separate contractor hired under separate contract, directly by the City. The scope of work and fees for the contractor will be solicited separately by the City, once the construction documents are completed. The biological QAPP construction monitoring is assumed to include a pre- construction site visit with the City and the contractor, periodic monitoring of construction milestones, and regular monitoring during the 120 -day plant establishment/maintenance period. Long -term biological monitoring to assure that the project meets any specific performance standards and/or success �: Fri i� 205091 -300 & ASSOCiATEs, INC. 6116/05 5 14a�rmrJT M�+N =Pro(ea E EXHIBIT A SCOPE OF WORK 0 Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 criteria is not included in this current scope of work, and it is assumed that this would be contracted for at a later date, once the full scope of the long —term monitoring program has been determined. Dudek will conduct a pre - construction "kick -off' site visit to assess site conditions, delineate the project limits and existing native vegetation within the project boundaries that is to be preserved, establish the revegetation area boundaries, establish construction staging areas, discuss irrigation provisions and water connections, coordinate equipment access issues, and verify that all site protection requirements are being abided by the contractor. Dudek will document the pre - construction meeting in a site observation report. Dudek will conduct periodic monitoring visits during the construction process to review protective fencing, site preparation, grading and drainage improvements, creek bank stabilization, weed removal, soil preparation, irrigation system installation, container plant and seed installation, and any other items specified in the final construction documents. This scope of work assumes that twelve site visits will be conducted during this phase of the project, including attendance at the pre - construction "kick -off' meeting, periodic milestone site visits during key installation phases, and a final installation walk - through with the contractor and City at the end of the installation phase. Dudek will prepare site observation reports after each site visit documenting the status of the installation and outlining items needing attention by the contractor. Dudek will fax copies of the site observation reports to the City immediately upon completion and will keep the City informed of key issues and coordination items via phone as they arise. Dudek will monitor site conditions, plant establishment growth and the status of maintenance work once monthly throughout the 120 -day post- construction plant establishment/maintenance period (four visits). Dudek will prepare a site observation report after each visit, and will discuss any observed or anticipated problems and possible remedial corrective actions with the City and the contractor for resolution. & ASSOCIATES, INC. 6116105 6 0 • EXHIBIT A SCOPE OF WORK Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 Upon completion of the 120 -day plant establishment/maintenance period, Dudek will prepare a final letter report summarizing the monitoring observations made during the project installation and plant establishment periods. This letter will also formally acknowledge the start of the long- term maintenance and monitoring period, which is assumed to be a five -year period, for compliance with resource agency permits. Any variations of the installation from the construction documents will be noted and the reasons for the changes will be documented. Any extension in the duration of the installation and/or increased frequency of monitoring visits requested by the City would be considered an additional service, to be negotiated accordingly with the City. Task 9: Project Management Coordination & City Liaison 0 Overall Dudek project management and City coordination will be performed by Tom Larson, out of Dudek's Orange County office. Individual task management responsibilities will be assigned by Mr. Larson utilizing staff out of Dudek's Encinitas Corporate office, accordingly. It is currently envisioned that Myloc Ngyen will provide the CEQA/Categorical Exemption work, Russ Bergholtz will provide the engineering design oversight and John Minchin will provide the habitat restoration design and monitoring services coordination. & ASSOCIATES, INC. W16105 7 W�(eu.put Txvfn Conpls, ROkeu E 0 E • • DUDEK & ASSOCIATES, INC. Exhibit B 2005 STANDARD SCHEDULE OF CHARGES Engineering Services Project Director .............. .....................$175.00 /hr Program Manager .......... .....................$165.00 /hr Principal Engineer II ....... .....................$155.001hr $150.001hr Principal Engineer I ........ .....................$145.00/hr /hr Senior Project Manager . .....................$135.00 /hr Project Manager ............. .....................$125.001hr 1hr Resident Engineer...... ........................ $120.00/hr Senior Engineer II .......... .....................$115.00 /hr Senior Engineer I ..................... .......... $105.001hr Project Engineer It .......... ......................$95.00 /hr Project Engineer I ............ ......................$90.00 /hr Field Engineer II .............. ......................$95.00 /hr Field Engineer I ............... ......................$80.00 /hr Engineering Assistant ..... ......................$65.001hr $34.00 /hr Environmental Services $175.00/hr Principal ............... ............................... $175.00/hr Senior Project Manager /Specialist ...... $150.001hr Environmental Specialist/Planner A...$140.00 /hr Environmental Specialist/Planner V....$130.00 /hr Environmenta( Speciafist/Planner (V...$120.00 1hr Environmental Specialist/Planner III ...$110.00 /hr Environmental Specialist/Planner II ....$1DO.001hr $95.00 /hr Environmental Specialist/Planner I.......$90.00 /hr Analyst ............................ ......................$75.00 /hr Urban and Community Forestry Principal /Senior Consulting Arborist ... $175.00/hr Senior Project Manager ....................$150.001hr $175.00/hr Urban Forestry Specialist V ................$130.00 /hr Urban Forestry Specialist IV ...............$120.001hr /hr Urban Forestry Specialist III ................ $110.001hr Urban Forestry Specialist 11 .................$100.00 /hr Urban Forestry Specialist I ....................$90.OD /hr Research Analyst.... ....... . ......................$65.00 /hr Construction Management Services Principal/Manager ............................... $175.00/hr Senior Construction Manager ...........,$150.00 /hr Construction Manager .... .....................$135.00 /hr Senior Project Manager... ................... $135.00/hr Project Manager ... ............................... $125.00/hr Resident Engineer ....... .....................$120.00/hr /hr Construction Engineer ................... ..... $105.001hr On -site Owner's Representative ........... $95.00 /hr Construction Inspector Ili ......................$95.00 /hr Construction Inspector II . ......................$90.00 /hr Construction Inspector I .. ......................$85.00/hr $57.001hr i& +SSOCIATTS. INC. I- . >_1,....11 Hydrogeological Services Principal .................. ............................... $175.00 /hr Sr. Hydrogeologist/Sr. Project Manager $150.001hr Associate Hydrogeologist/Engineer....... $115.D0/hr Hydrogeologist IV /Engineer IV .............. $110.00 /hr Hydrogeologist III /Engineer III ................. $95.00 /hr Hydrogeologist II /Engineer II ................... $85.00 /hr Hydrogeologist [/Engineer I ..................... $75.00 /hr Technician ................ ............................... $65.00 /hr District Management & Operations District General Manager ....................... $155.001hr District Engineer ..... ............................... $120.001hr District Manager ..... ............................... $130.00 /hr District Manager Assistant ....................... $75.00/hr District Secretary/Account ...................... $80.001hr Collections System Manager .................$80.00 /hr Grade V Operator ..... ............................... $95.001hr Grade IV Operator .... ............................... $80.00/hr Grade III Operator ..... ............................... $70.00/hr Grade 11 Operator ...... ............................... $60.001hr Grade ( Operator ....... ............................... $57.001hr Operator in Training .. ............................... $47.00 /hr Collection Maintenance Worker II............ $45.001hr Collection Maintenance Worker I ............. $34.00 /hr Office Services Technical/Drafting/CADD Services 3D Graphic Artist .... ............................... $125.00 1hr Senior Designer ........ ............................... $95.00 /hr Designer ................... ............................... $85.00 /hr GIS Specialist IV ..... ............................... $100.DD /hr GIS Specialist 111 ....... ............................... $95.00 1hr GIS Specialist If ........ ............................... $85.001hr GIS Specialist 1 ......... ............................... $80.00/hr CADD Operator II ..... ............................... $80.00 /hr CADD Operator I ...... ............................... $70.00 1hr Support Services Computer Processing .............................. $65.00 /hr Clerical Administration ............................. $60.001hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness will be billed at 1.75 times normal rates. Emergency and Holidays- Minimum charge of two hours will be billed at 1.5 rimes 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 40.5 cents per mile. Per diem where overnight stay is involved is charged at cost Invoices, Late Charges.. M fees will be billed to Client monthly and shall be due and payable upon receipt Invoices are delinquent if not paid within thirty (30) days from the date of the invoice. Client agrees to pay a monthly late charge equal to one percent (?%) per month of the outstanding balance until paid in ful. Effective January 1, 2005 EXHIBIT B COST ESTIMATE Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June 16, 2005 The following costs, broken down by task, further outline Dudek's proposed costs for the services necessary for the Buck Gully erosion control project. Task 1 Regional Water Quality Control Board Coordination The estimated labor cost for this task is ........................ ............................... ......................$1,500.00 Task 2 Preliminary Plan Preparation The estimated labor cost for this task is ....................... ............................... ......................$6,500.00 Task 3 Conceptual Wetlands Mitigation and Monitoring Plan The estimated labor cost for this task is ....................... ............................... ......................$4,500.00 Task 4 Categorical Exemption The estimated labor cost for this task is....................... ............................... ......................$2,500.00 Task 5 Resource Agency Permitting The estimated labor cost for this task is ...................... ............................... .....................$12,000.00 Task 6 Engineering and Revegetation Construction Documents The estimated labor cost for this task is ....................... ............................... .....................$17,500.00 Task 7 Preparation of a QAPP Plan The estimated labor cost for this task is ....................... ............................... ......................$2,500.00 Task 8 Biological QAPP Construction Monitoring The estimated labor cost for this task is ....................... ............................... ......................$8,500.00 Task 9 Project Management Coordination & City Liason The estimated cost for this task is ................................. ............................... ......................$2,500.00 TOTAL ESTIMATED COSTS .......................................... ............................... $58,000.00 r� �J t"Tr7r7 205091 -300 S ASSOCIATES, INC. 6 /16105 1 r.oMw,. i te.� M c.,.qe r.oiow i EXHIBIT B COST ESTIMATE 0 0 Environmental and Engineering Services for the Buck Gully Erosion Control Project City of Newport Beach, California Revised Proposal June I6, 2005 All work performed by Dudek will be billed on a time- and - materials basis, according to Dudek's 2005 Standard Schedule of Charges. Total Dudek labor costs for this scope of work are not to exceed $55,000.00. Direct/reimbursable charges, such as printing and reprographics, mileage for site visits, delivery charges, and other miscellaneous reimbursable charges, will be billed at cost plus 15% markup and are anticipated to be approximately $2,000.00. The total Dudek contract amount for the described scope of work, including direct/reimbursable costs, would be $60,000.00. All services would be billed monthly on a time and materials basis, per Dudek's 2005 Standard Schedule of Charges, not to exceed this amount, for the services described. All additional services would be billed at a time and materials basis in addition to this amount, based upon approval by the City of Newport Beach. 7=7, ri/ 205091 -300 6; ASSOCIATES, INC. 6/16/05 2