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HomeMy WebLinkAboutC-4004 - PSA for the Water Management Plan for Newport Bay WatershedAMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR THE WATER MANAGEMENT PLAN FOR NEWPORT BAY WATERSHED THIS AMEN NT NO. 1 T ROFESSIONAL SERVICES AGREEMENT, entered into this day of U , 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and DUDEK, a California corporation whose address is 111 Pacifica, Suite 230, Irvine, California, 92618 ( "Consultant'), and is made with reference to the following: RECITALS A. On December 11, 2007, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement', for professional services for the preparation of the water management pland, hereinafter referred to as "Project'. This Agreement is scheduled to expire on December 31, 2008. 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 March 31, 2009. C. City desires to compensate Consultant for additional professional services needed for Project. D. 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 12, 2008, 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 Sixty -Eight Thousand, Eight Hundred Ten and 001100 Dollars ($67,810.00). 3. The term of the Agreement shall be extended to March 31, 2009. 2 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. 1 on the date first above written. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: B :hA_Av1 , N�_ LaVonne Harkless, City Clerk ��W aaRT 44. Cq tlFotib`*. CITY OF,PWPO i�EACH, A Mu 16Lalrpo B ) a- — �ayor for the City of Newport Beach 191117" In to Officer) Title: Dudek Frank u e Print Name: President i (Finapefal Officer) Title: -25P&v Print Name: ��vt C���� Attachments: Exhibit A – Scope of Services f:\users\pbw\shared\agreements\fy 07-08\dudek-newport bay watershed -am end- 1.doc 3 0 DUDEK III PACIFICA. SUITE 210 IRVINE CALIFORNIA 92618 T 949 450 ).525 F 949 450 2626 May 12, 2008 Mr. Robert Stein, P.E. Assistant City Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 job Number. 5791 Subject: Completion of the Final Central Orange County Integrated Regional and Coastal Water Management Plan Dear Bob: It has been a pleasure to work with the City of Newport Beach (City) in developing and preparing the draft of the Central Orange County Integrated Regional and Coastal Water Management Plan (the Plan). As you know, through April 14 the work effort needed to meet the needs of the plan exceeded the amount authorized by the City. However, by balancing the unused hours on unneeded and under utilized tasks and working with the City we have developed a plan to assist the City in the completion of the Plan. Through our discussions, with you, the following services are proposed. Task I — Develop Final Work Plans. Dudek will review each of the workplans for the projects within the Plan. The plans will be reviewed for completeness and specific scheduling requirements. It is anticipated that the scheduled elements for each plan will be planning, design, environmental analysis, and construction. For studies, a similar work plan of essential elements will be developed. It is assumed that no additional projects will be submitted by the project proponents. Review and updating the workplans is proposed to utilize about 40 hours of Senior Engineer time - $5,000.000 Task 2 — Develop Master Program Schedule. Following completion of Task I, Dudek will prepare a Microsoft Project master schedule for all of the projects with in the plan. It is anticipated that about 32 hours of Senior Engineer time will be needed - $4,000.00. Task 3 — Coordinate Final Project Descriptions. Dudek will work with the project proponents to assist with the final formulation of project concepts, the order of magnitude costs, and work requirements It is assumed that no additional projects will be submitted by the project proponents. It is anticipated that this task will require about 48 hours of Principal Engineer or Senior Planner effort - $6,720.00 Task 4 — Assistance with Report Completion. Dudek will prepare revisions to engineering related portions for the Plan and revise, update, or prepare anew, graphics and maps for the entire plan. It is anticipated that this task will require approximately 170 hours for Engineering, GIS Specialists and administrative support - $44,020.00 Task 5 — Project Management, Meetings, and Miscellaneous Communications. Dudek will provide oversight and management of Tasks 1 through 3, attendance at up to 3 project related meetings WWW DUDEK COPT i • Mr. Robert Stein Subject: Completion of the Final Central Orange County Integrated Regional and Coastal Water Management Plan (stakeholder, project proponent, or leadership team). Dudek will also prepare necessary correspondence with the Plan Team or others. It Is anticipated that this task will require approximately 40 hours for the Project Manager - $8,070.00 All work will be performed at the direction of the City, and will be performed on a time and materials basis. The total project cost is estimated to be $67,810.00. The proposed fee includes other direct costs, such as mileage, reproduction and postage. All work is anticipated to be completed by October I, 2008. Respectfully, William R. Principal E D U D E K Job Number 5791 2 May 6. 2008 \A CYCITaG rI i • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 June 100, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL C - *, FROM: Public Works Department Bob Stein, Assistant City Engineer 949 - 644 -3311 or rstein @city.newport- beach.ca.us SUBJECT: Integrated Regional Water Management Plan for Newport Bay Watershed — Amendment No. 1 to Professional Services Agreement with Dudek Recommendations: 1. Approve an Amendment to the Professional Services Agreement with Dudek, of Irvine, California, for professional services at a not to exceed price of $67,810 and authorize the Mayor and City Clerk to execute the Agreement. is 2. Approve a Budget Amendment transferring $67,810 from Account No. 7014- 05002000 Newport Coast Runoff Reduction Program to Account No. 7014- 00310929 (Harbor Area Management Plan). Discussion: On December 11, 2007, Council approved a Professional Services Agreement for Dudek to prepare the Phase 2 Integrated Regional Water Management Plan (IRWMP) for the Newport Bay Watershed for a fee of $174,400, The IRWMP is an umbrella plan to prioritize projects and programs to accomplish beneficial use goals for Newport Bay and the upper watershed (primarily those areas that are drained by San Diego Creek and Santa Ana Delhi Channel). With assistance from Dudek and other City consultants, the draft plan was completed in March 2008 and circulated to a focus group composed of local and state -level stakeholders and decision- makers for review. While the core plan has, in general, been favorably received, important and constructive comments have been received from the members of the focus group. Member comments asked that the plan's concepts for project integration at the local Planning Area level be completed, the prioritization methodology be revised, the proposed project list be revised and supplemented, and the Plan's compatibility with sources of grant funding be highlighted. • Integrated Water Management Plan for Newport Bqkatershed - Amendment No. 1 to Professional Services Agreement with Dudek June 10, 2008 Page 2 These additions and revisions to the plan are extensive enough to require an amendment to Dudek's contract. Tasks to be performed under this amendment include: • Revising the project list and updating project descriptions; • Re- scoring various projects; • Updating the project maps; • Adding new graphics and pictures; • Develop work plans for top priority projects; • Revising the master program schedule; and • Attending meetings. Environmental Review: All tasks fall under the Information Gathering class of projects and are therefore categorically exempt pursuant to CEQA Guidelines, Article 19, Section 15306. Public Notice: As the preparation of the Water Management Plan is a `consensus' process, the frequent meetings with stakeholders, e.g. local agencies, environmental groups, and key business groups will continue. Funding Availability: Additional costs for preparing the water management plan will be offset by savings realized in the Newport Coast Runoff Reduction Program through efficient execution of several Newport Coast watershed tasks. Upon approval of the recommended Budget Amendment, sufficient funds are available in the following account for the project: Account Description Upper Bay and Harbor Area Management Plan Prepared by: �_ Bob Stein Assistant City Engineer Account Number 7014- CO310929 Total Submitted Amount $ 67,810 $ 67,810 In Badum Works Director • • Attachments: Amendment No. 1 • • AMENDMENT NO. 1 • TO PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR THE WATER MANAGEMENT PLAN FOR NEWPORT BAY WATERSHED THIS AMENDMENT NO. 1 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, a California corporation whose address is 111 Pacifica, Suite 230, Irvine, California, 92618 ( "Consultant "), and is made with reference to the following: RECITALS A. On December 11, 2007, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement", for professional services for the preparation of the water management pland, hereinafter referred to as "Project ". This Agreement is scheduled to expire on December 31, 2008. 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 March 31, 2009. C. City desires to compensate Consultant for additional professional services needed for Project. • D. 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 12, 2008, 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 Sixty-Eight Thousand, Eight Hundred Ten and 001100 Dollars ($67,810.00). 3. The term of the Agreement shall be extended to March 31, 2009. 3 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. ton the date first above written. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: on LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation am Mayor for the City of Newport Beach DUDEK: By: (Corporate Officer) Print Name: (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services f .\usem\pbwlsharedtagreementslty 07- 0Mdudek- newport bay watershed- amend -1.doc 3 • r1 U E 0 May 12, 2008 Mr. Robert Stein, P.E. Assistant City Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 • job Number: 5791 Subject: Completion of the Final Central Orange County Integrated Regional and Coastal Water Management Pion Dear Bob: It has been a pleasure to work with the City of Newport Beach (City) in developing and preparing the draft of the Central Orange County Integrated Regional and Coastal Water Management Plan (the Plan). As you know, through April 14 the work effort needed to meet the needs of the plan exceeded the amount authorized by the City. However, by balancing the unused hours on unneeded and under utilized tasks and working with the City we have developed a plan to assist the City in the completion of the Plan. Through our discussions, with you, the following services are proposed. • Task I — Develop Final Work Plans. Dudek will review each of the workplans for the projects within the Plan. The plans will be reviewed for completeness and specific scheduling requirements. It is anticipated that the scheduled elements for each plan will be planning, design, environmental analysis, and construction. For studies, a similar work plan of essential elements will be developed. It is assumed that no additional projects will be submitted by the project proponents. Review and updating the workplans is proposed to utilize about 40 hours of Senior Engineer time - $5,000,000 Task 2 — Develop Master Program Schedule, Following completion of Task I, Dudek will prepare a Microsoft Project master schedule for all of the projects with in the plan. It is anticipated that about 32 hours of Senior Engineer time will be needed - $4,000.00. Task 3 — Coordinate Final Project Descriptions. Dudek will work with the project proponents to assist with the final formulation of project concepts, the order of magnitude costs, and work requirements It is assumed that no additional projects will be submitted by the project proponents. It is anticipated that this task will require about 48 hours of Principal Engineer or Senior Planner effort - $6,720.00 Task 4 — Assistance with Report Completion. Dudek will prepare revisions to engineering related portions for the Plan and revise, update, or prepare anew, graphics and maps for the entire plan. It is anticipated that this task will require approximately 170 hours for Engineering, GIS Specialists and administrative support - $44,020.00 Task 5 — Project Management, Meetings, and Miscellaneous Communications. Dudek will provide oversight and management of Tasks I through 3, attendance at up to 3 project related meetings • WWW DUUER c on DUDEK 111 PACIFICA, SUITE 230 IAVI NE. CALIFORNIA 92618 • T 949 450 2525 F 949 4S0 2626 May 12, 2008 Mr. Robert Stein, P.E. Assistant City Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 • job Number: 5791 Subject: Completion of the Final Central Orange County Integrated Regional and Coastal Water Management Pion Dear Bob: It has been a pleasure to work with the City of Newport Beach (City) in developing and preparing the draft of the Central Orange County Integrated Regional and Coastal Water Management Plan (the Plan). As you know, through April 14 the work effort needed to meet the needs of the plan exceeded the amount authorized by the City. However, by balancing the unused hours on unneeded and under utilized tasks and working with the City we have developed a plan to assist the City in the completion of the Plan. Through our discussions, with you, the following services are proposed. • Task I — Develop Final Work Plans. Dudek will review each of the workplans for the projects within the Plan. The plans will be reviewed for completeness and specific scheduling requirements. It is anticipated that the scheduled elements for each plan will be planning, design, environmental analysis, and construction. For studies, a similar work plan of essential elements will be developed. It is assumed that no additional projects will be submitted by the project proponents. Review and updating the workplans is proposed to utilize about 40 hours of Senior Engineer time - $5,000,000 Task 2 — Develop Master Program Schedule, Following completion of Task I, Dudek will prepare a Microsoft Project master schedule for all of the projects with in the plan. It is anticipated that about 32 hours of Senior Engineer time will be needed - $4,000.00. Task 3 — Coordinate Final Project Descriptions. Dudek will work with the project proponents to assist with the final formulation of project concepts, the order of magnitude costs, and work requirements It is assumed that no additional projects will be submitted by the project proponents. It is anticipated that this task will require about 48 hours of Principal Engineer or Senior Planner effort - $6,720.00 Task 4 — Assistance with Report Completion. Dudek will prepare revisions to engineering related portions for the Plan and revise, update, or prepare anew, graphics and maps for the entire plan. It is anticipated that this task will require approximately 170 hours for Engineering, GIS Specialists and administrative support - $44,020.00 Task 5 — Project Management, Meetings, and Miscellaneous Communications. Dudek will provide oversight and management of Tasks I through 3, attendance at up to 3 project related meetings • WWW DUUER c on • 0 Mr. Robert Stein Subject Completion of the Final Central Orange County Integrated Regional and Coastal Water Management Plan • (stakeholder, project proponent, or leadership team). Dudek will also prepare necessary correspondence with the Plan Team or others. It is anticipated that this task will require approximately 40 hours for the Project Manager - $8,070.00 All work will be performed at the direction of the City, and will be performed on a time and materials basis. The total project cost is estimated to be $67,810.00. The proposed fee includes other direct costs, such as mileage, reproduction and postage. All work is anticipated to be completed by October I, 2008. Respectfully, William R. Principal E r1 L_J D U D E K fob Number 5791 2 May 6. 2008 • ..u60— • UD E K prop ...cantrYOrupaCOUM iRCWMp Came 0l mWe mBeech Task 1. Develop Wofk plans aC' 5''008 lasx 2 Develop Master Schetlwe 32 32 64,000 T.. Cadmuata pmlen Desalpnpna 16 32 48 48,720 Task A. assiaience mm Reppn COmpklian 50 32 40 40 B 170 $23000 $49,020 (Task S: projm Manaaemenl, Mlsc. CommunicaLan Mea4�g 46 $250 $6.070 A}nntlaACe 46 a so 112 138 9 40 Y ,.1 V : t .1 Fw X7 Sr s.e yy .1 y� 9 0 0 Cit+QDf 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 -077 AMOUNT: $67,810.00 Increase in Budgetary Fund Balance• Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To transfer expenditure appropriations from the Newport Coast Runoff Reduction account to the Harbor Area Management Plan account for an amendment to the Professional Services Agreement with Dudek, of Irvine. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Description Division Number 7014 Misc & Studies Account Number C5002000 Newport Coast Runoff Reduction Division Number 7014 Misc & Studies Account Number C0310929 Upper Bay /Harbor Area Management Plan Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Services Director City Manager City Council Approval: City Clerk Amount Debit Credit $67,810.00 ` Autwnatic • $67,810.00 Date 3d a • Dat Date PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR THE WATER MANAGEMENT PLAN FOR NEWPORT BAY WATERSHED THIS AGREEMENT is made and entered into as of this J!/ h day of December, 2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and Dudek a California Corporation whose address is 111 Pacifica, Suite 230, Irvine, California, 92618 ( "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 prepare a water management plan for the Newport Bay Watershed. C. City desires to engage Consultant to assist with a multitude of task for the preparation of the water management plan. ( "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 William W hittenberg. 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: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31 day of December, 2008, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Seventy -Four Thousand Four Hundred Dollars and no 1100 ($174,400) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 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. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance. by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 2 0 0 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 William Whittenberg to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 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 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. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, 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, volunteers 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 m 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 the negligence, recklessness, or willful misconduct of the Consultant or 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 sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and • 0 progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City 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 Reauirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) 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 0 0 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: 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 (10 calendar days VI • • written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization 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 M 0 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant A 0- i 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. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 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. 26. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Robert Stein Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949 -644 -3311 Fax: 949 -644 -3318 10 • All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: William Whittenberg Dudek 111 Pacifica, Suite 230 Irvine, CA 92618 Phone: 949 - 450 -2525 Fax: 949 - 450 -2626 27. 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, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 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. 28. 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. 29, 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. 11 0 30. 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. 31. 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. 32. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 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. 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APP OVED AS TO FO M: City Attorney for the City of Newport Beach ATTEST: By: aVonne Harkless, City Clerk CITY OF IgEWPORT BEACH, A Muni' ipal C By: rporat& Pil y ayor for the City of Newport Beach CONSULTANT: By: 10---1-07 (Corpor to Officer) Title: Dudek Frank Dudek� Print Name: PrP-QidP-n; / r) Title: DUDEK Print Name: David W. Carter Chief Financial Officer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f:\users\pbw\shared\agreements\fy 07-08\dudek-newport bay watershed.doc 13 0 DUDEK III PACIFICA. SUITE 230 IRVINE. CALIFORNIA 92619 T 949 4S0 ISIS F 449 450 2626 November 16, 2007 Mr. Robert Stein, P.E. Assistant City Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Exhibit A Subject Proposal for Assistance with Central Orange County Integrated Regional and Coastal Watershed Management Plan, Phase II, Step 1 and Step ll Dear Bob: It has been a pleasure to work with the City of Newport Beach (City) in developing and implementing the initial stages of Phase II of Central Orange County Integrated Regional and Coastal Water Management Plan (IRCWMP). Dudek is pleased to provide you with this proposal for continuing assistance with the completion of Phase II of the IRCWMP. Per our conversation on September 6, the work will be performed in two steps. Step I will be completed within three basic tasks: (1) Preparation of GIS maps and graphics; (2) concept development of subwatershed projects; and, (3) project management. For Step II the work will be performed within six principal tasks: (1) Project Management, Administration, and Communications. (2) Preparation of GIS Maps and Graphics; (3) Concept Development of Study Area Projects; (4) Report Development and Preparation; (5) Report Editorial Services; and, (6) Preparation of the Prop 84/1 E Appendix. PROPOSED SCOPE OF WORK Phase II, Step I The tasks include the following scope of work and related fee: I. GIS Mapping and Graphics. Dudek will prepare graphics and maps showing watershed or subwatershed features and the location of proposed projects. Additionally, Dudek will prepare tailored maps and graphics showing specific projects, locations and other information as appropriate for the intended use of the document. It is anticipated that this task will require approximately 70 hours for a GIS Specialist - $7,000.00 2. Subwatershed Programs. Dudek will assist with the formulation of project and program concepts, development of order of magnitude costs, development of project and program options and other specific program related program actions as directed by the City. It is anticipated that this task will require about 80 hours of Principal Engineer or Senior Planner effort - $12,200.00 3. Project Management. Dudek will provide oversight and management of Tasks I & 2, attendance at project related meetings and preparation of monthly activity reports. It is anticipated that this task will require approximately 32 hours for the Project Manager - $5,200.00 WWW.DUDEK CON EXHIBIT A 0 Mr. Robert Stein Subject Proposal for Assistance with Central Orange County integrated Regional and Coastal Watershed Management Plan All work will be performed at the direction of the City, and will be performed on a time and materials basis. The total cost is estimated for Step I is $24,300.00. The proposed fee includes other direct costs, such as mileage, reproduction and postage. This work was performed September 6, 2007 through October 30, 2007 Phase II, Step II TASK 1 PROJECT MANAGEMENT, ADMINISTRATION, AND COMMUNICATION Dudek will provide exceptional project management and establish communications that will ensure a coordinated and informed approach throughout the IRCWMP Project. Task I.I Progress and Project Related Meetings Dudek will prepare for and participate in Progress and Planning meetings with the CITY staff to establish progress and goals for the project team and the plan. Dudek will attend project related meetings such as the Upper Newport Bay Restoration Team, the Newport Bay Sediment Workshop, Newport Bay Executive Committee, and Stakeholders meetings. Dudek will also attend informational meetings related to the grant planning and requirements for Proposition 84 and IE. We anticipate about 8 meetings will be attended. Task 1.2 Administration and Communication With the dynamic schedule of this project and the intensity of some of the key work efforts, effective communication will be critical. Dudek will be available for conference calls, meetings and other communication events. This will ensure a coordinated approach, allows for frequent review of each task deliverable, establishes the QA/QC process, and facilitates the project schedule. Dudek's Project Manager will prepare and submit a Monthly Activity Report to CITY. The Monthly Activity Report will identify activities accomplished in the previous month and identify activities anticipated for the next month. The report will be submitted electronically for timeliness, and will be submitted concurrent with Dudek's monthly invoice. Dudek will also provide limited administrative support during the project. The support may include electronic distribution of documents, preparation of copies of reports and other documents, phone calls, etc. Task 1.3 Establish Secure Project Website for Exchange of Information Dudek will establish a secure IRCWMP Project FTP site for efficient exchange of information and large files throughout the duration of the IRCWMP Project, The project FTP site will have secure access for authorized users, as approved by CITY. The project FTP site will not be accessible to the public. The secure project website will be used for the review of and comment on draft documents for the IRCWMP Plan and the grant application; posting of information documents, presentations, and reports; storage of authorized access list. DUDEK 5791 2 November 16, 2007 i-� L 0 Mr. Robert Stein Subject Proposal for Assistance with Central Orange County Integrated Regional and Coastal Watershed Management Plan It is estimated that this task will require approximately 144 hours for the above services. Additionally, it is anticipated that draft documents will need to be reproduced. An allowance for $2,000 for reproduction costs is included. TASK 2 PREPARATION OF GIS MAPS AND GRAPHICS Dudek will continue preparation of graphics and maps showing watershed or subwatershed features and the location of proposed projects. Additionally, Dudek will prepare tailored maps and graphics showing specific projects, locations and other information as appropriate for the intended use of the document. It is anticipated that this task will require approximately 160 hours for GIS Specialists. TASK 3 CONCEPT DEVELOPMENT OF STUDY AREA PROJECTS Dudek will assist with the formulation of project concepts, development of order of magnitude costs, development of project options and other specific project related actions as directed by the CITY. Dudek will work with the CITY and its consultants to develop project prioritization criteria based upon the criteria established in the Phase I Central Orange County IRCWMP. The criteria established will do of the following: • Ensure the projects are consistent with the IRCWMP Plan goals and objectives, and include at least one of the water management strategies identified. • Determine project readiness to proceed. • Evaluate costibenefit of submitted projects for purposes of recommending grant project funding. • Evaluate integration of projects relating to water management strategies within the region. • Evaluate consistency with statewide goals and objectives, program preferences and statewide priorities. • Ensure project proponents comply with eligibility requirements as identified in the IRWMP Program Guidelines, including Urban Water Management Planning Act compliance and Groundwater Management Plan compliance. It is anticipated that this task will require about 364 hours of Principal Engineer and other professional staff effort. TASK 4 REPORT DEVELOPMENT AND PREPARATION Dudek will assist with the development and preparation of the IRCWMP Plan. Dudek will prepare the following sections of the Plan: • Project Integration Prioritization Appendices for: Northern Foothills Southern Foothills Coastal Plain Urban Bay Bay /Coastal Coastal Canyons Prioritization Analysis DUDEK 5791 3 November 16, 2007 0 0 Mr. Robert Stein Subject Proposal for Assistance with Central Orange County Integrated Regional and Coastal Watershed Management Plan It is anticipated that this task will require about 357 hours of Principal Engineer and Professional Staff effort. TASK S REPORT EDITORIAL SERVICES Following the preparation of a full draft report, Dudek will provide editorial services. Our editorial services include: • Reviewing editorial requirements and Issues with the team • Recommending level of edit based on time available • Developing technical report outlines and initial drafts • Reviewing early drafts, flagging problems with organization, consistent tone, and style • Reviewing existing drafts for copyediting issues, including spelling, grammar, punctuation, logic, references, and clarity of figures and tables • Checking for readable text, clear sentences, and consistent style • Resolving editorial inconsistencies • Reviewing for integration issues; smoothing writing styles • Ensuring documents meet style guidelines • Performing overall editorial quality checks. It is anticipated that this task will require about 40 hours of Technical Editor services. TASK 6 PREPARATION OF THE PROP 8411E APPENDIX. (As Requested and Negotiated) Dudek will prepare the Proposition 84/IE Appendix. Since the Prop 84 /IE Guidelines have not been published by the State Department of Water Resources, the exact nature of the Appendix cannot be determined at this time. Dudek will meet with CITY staff to discuss additional plan assistance services. Dudek will provide a scope of work and fee proposal in accordance with the services requested. Phase II Step II PROPOSED SCHEDULE Critical timing of each task of this project and how the tasks integrate with each other is of central importance to the success of the project. Dudek understands the unique nature of the project, the members involved, the current status of the IRCWMP grant program and its potential to change. The CITY and its team have developed a work schedule that targets completion of the draft Plan by January, 18, 2008. We have designed our level of effort to meet that goal. Please see the attached schedule. All work will be performed at the direction of the City, and will be performed on a time and materials basis. According to the attached fee estimate, total estimated cost for Phase II, Step II estimated to be $150,100. The proposed fee includes other direct costs, such as mileage, reproduction and postage. In anticipation of authorization of this additional work, Dudek will continue working on the plan in an effort to meet the schedule. DUDEK 5791 4 November 16, 2007 • Mr. Robert Stein Subject Proposal for Assistance with Central Orange County Integrated Regional and Coastal Watershed Management Wan The total estimated fee for Phase If Step I and Phase II Step II is estimated to be $174,400. Respectfully, William R. Whittenberg, .. GEE Principal Engineer DUDEK 5791 5 November 16, 2007 C _cu C N E N 0) cu C C(6 G cu L cu 0 cu 0 U N c CO C (� L 0 o O t%%'c N Z Z N 0 > U z O rn= m c U) V TL C a 0 U a> c 0 C U U C (c6 N .N Q 0 0 0 W CoA G H W I y N N w C ' 00 O O � N Ni N c c s U U a ! Y n N a� I A c � � n U D O a s C U � N w I A w c L m d E = c u o w I r I — a'o u N N w I rJ TA � Imp b c U1 w c In J 2 IL > IL p i > d w � I N a d A m I I m r L � S I yC N m N IDI M d •�, o u 3 c a r ii I d u 3 Sgt LU 0 od 0 Q N � _N c m a a IL E a' m a O ❑ o ❑ a' O ❑ o U r or c Ca - N o �C �� - ❑ CU a v; ❑ O �� a� ,gig c o� ❑ o E 09 Z� U z° o �o— Ela w = O � m Uw°- c 0 O U c O �, m m c m E m U I o O c m IR O c aD r ''c v U o c L E 3 E v O IU tm W y O c v c a o n nR y y a c O Q'' O .a U m G « K Z E v '0= m r a E E 4 0 U p m N d o a Q W v m v a Na o `� d c a c m m Z a v E •o c O V m N E C d E p d N O ai m % N U' O a C d m _ 0 O m E n o p m H v o a Q W m v o W o R ami ;•Q N M W C C. `° C. y Y Y Y M U WY r N N N N M of N N to Z ;Y N F F F Y N Y N Y N F Y N Y N F- F of of V pF mF E 0 City of Newport Beach Assistance with Central Orange County Integrated Regional and Coastal Watershed Management Plan Proposed Staff Engineering Services Classification BillWhittenberg ..............................._................................ ............................... ......................Principal Engineer II RussBerghola .......................................................... ............................... .........................Senior Project Manager SudathAlvis .................................................................................................. ............................... Senior Engineer II NicolePeacock .......................................................................................................... ............................... Engineer II Environmental Services Classification Sherri Miller — .......................................... ............................... .........................Senior Project Manager /Specialist Mike Komula — ............................................................. ............................... Environmental Specialist/ Planner V Shawn Shamlou — .......................................................... ............................... Environmental Specialist/Planner IV Megan Enright — ............................................................... _.......................... Environmental Specialist/Planner IV Tricia Wotipka— ......................................... ............................... ..................Environmental Specialist/Planner III David Flietner — ............................................................... _............................ Environmental Specialist/Planner II Lincoln Hurlburt- David Hochart Stuart Fraser — ....... Mark Doalson . ..... ..... ............................GIS Specialist II Environmental SpecialistlPlanner I Environmental SpecialistlPlanner I Environmental SpecialistlPlanner I KarenLopez .............................................................................................. ............................... ........................Analyst Hydrogeological Services Classification Derek Reed Senior Hydrogeologistt Project Manager D U D E K September 6, 2007 0 0 Exhibit B DUDEK 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 Senior Engineer I ................... .....................$120.001hr /h r Associate Engineer ............... .....................$115.00/hr /hr Project Engineer IV ................ .....................$110.00 /hr Project Engineer III ................. .....................$100.00 /hr Project Engineer II ................... ......................$95.00 /hr Project Engineer I .................... ......................$85.00 /hr Field Engineer II ..................... .....................$105.00 /hr Field Engineer I ....................... ......................$95.00 /hr 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 $120.00/hr $110.001hr $100.00 /hr ..$70.00 /hr Principal .. ............................... .....................$200.00 /hr Senior Project Manager /Specialist ..............$185.00 /hr Environmental Specialist/Plar 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 SpecialistlPlanner 11 .............$105.00 /hr Environmental Specialist/Planner I ................$95.00 /hr Analyst .... ............................... .......................$80.00 /h r Planning Research Assistant .. ......................$65.00 /hr Construction Management Services Principal /Manager .................. .....................$185.00/hr r Senior Construction Manager .....................$170.00 /hr Senior Project Manager .......... .....................$150.00 /hr Construction Manager ............ .....................$140.00 /hr 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 III ....... .....................$115.00 /hr Construction Inspector II ........ .....................$105.c0/hr /hr Construction Inspector I .......... ......................$95.00/hr $50.00 1hr Hydrogeological Services Principal ................................ ......................$190.00/h r Practice Manager ................... .....................$175.00 /hr Senior Environmental Engineer ...................$175.00 /hr Sr. Hydrogeologist/Sr. Proj Mgr ...................$160.00 /hr Project Manager / Hydro .......... .....................$140.00RIr /hr Associate HydrogeologistlEngineer .............$125.00/hr $100.00 1hr Hydrogeologist IV /Engineer IV ....................$115.00/hr /hr Hydrogeologist III /Engineer III .....................$105.00 /hr Hydrogeologist II /Engineer II ... ......................$95.00/hr $63.00 1hr Hydrogeologist I /Engineer I ..... ......................$85.001hr Technician ...................... ............................... $75.00 /hr District Management & Operations District General Manager ............................... $165,001hr District Engineer .............. ............................... $140.00/hr District Manager ....................... .....................$135.00/hr $100.001hr District Secretary/Accountant .......................... $85.00 1hr Collections System Manager ... ......................$85.00 /hr Grade V Operator ............ ............................... $100.00 1hr Grade IV Operator ...................... ......................$85.00 /hr Grade III Operator ...................... ......................$75.00 /hr Grade II Operator .............. ............................... $63.00 1hr Grade I Operator ........................ ......................$60.00 /hr Operator in Training .......... ............................... $50.00 1hr Collection Maintenance Worker II ..................... $48.001hr Collection Maintenance Worker I ..................... $36.00 /hr Office Services TechnicahDraRinglCADD Services 3D Graphic Artist ....................... .....................$130.00 /hr Senior Designer .............. ............................... $115.001hr Designer .......................... ............................... $100.001hr Assistant Designer ............ ............................... $75.001hr GIS Specialist IV ....................... .....................$130.00 /hr GIS Specialist III .............. ............................... $115.00 /hr GIS Specialist 11 ......................... .....................$105.00 /hr GIS Specialist I ........................... ......................$95.00/hr CADD Operator II .............. ............................... $90.001hr CADD Operator I ............... ............................... $80.00/hr CADD Drafter .................... ............................... $75.00/hr CADD Technician .............. ............................... $60.001hr Surveying Services (Coachella Valley) Professional Land Surveyor. ............ . . ..... $150.00/hr 3 -Person Survey Crew .... ............................... $225.00/hr 2 -Person Survey Crew .... ............................... $195.00/hr 1 -Person Survey Crew .... ............................... $105.00/hr Survey Analyst ................ ............................... $105.001hr Asst. Survey AnalysVCADD Mapper ................. $75.001hr Support Services Technical Editor .............. ............................... $105.00/hr ComputerM/ord Processing ....... ......................$75.00 /hr Clerical Administration- ................... ................ . $65.00/hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness wtll be billed at 1.75 times normal rates. Emergency and Holidays - Minimum charge of two hours will be billed at 1.5 times the normal rate. Materiel and outside Services- Subcontractors, rental of spedal equipment, special reproductions and blueprinting, outside daa processing and computer services, etc., are charged at 1.15 times the threat cost. Travel Expenses - Mileage at 48.5cents per mile. Per diem where overnight stay is involved is charged at coat n rlin n it a 1 be d (30) da n 1 an peyi -� charge eaeaLamne cercera f1 %I cer month of the outstantlind balanra until paid in full. EXHIBIT B D U D E K Effective January 1, 2007 • • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C- gQQq (�g I too - U01) Agenda Item No. 28 December 11, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein 949 -644 -3322 or rstein @city.newport- beach.ca.us SUBJECT: NEWPORT BAY WATER MANAGEMENT PLAN - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DUDEK RECOMMENDATION: Approve a Professional Services Agreement with Dudek, of Irvine, California, for professional services in assisting with the preparation of a water management plan at a not to exceed price of $174,400 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: In order to apply for Proposition 84 grant funding in 2008, an Integrated Regional Water Management Plan must be prepared for the Newport Bay Watershed. In anticipation of Prop. 84 grant funding, staff applied for a Prop. 50 grant in 2006 to fund the preparation of the Water Management Plan. The City's grant application was approved and the City was awarded $487,000 from the State of California Department of Water Resources. City matching funds totaled $93,600. For practical reasons, staff split the Water Management Plan into two broad tasks: The first task is the preparation of a Harbor Area Management Plan (HAMP), which is a planning document primarily focused on preparing a work plan to meet the challenges confronting the City in Lower Newport Bay as well as the upper bay. This task is underway under a separate contract with Harbor Resources Manager Tom Rossmiller and our consultant Larry Paul as the leads for the City. About 50% of these Prop. 50 funds were encumbered for the RAMP. The HAMP includes the following elements: a. California Department of Fish and Game Preliminary Management Plan b. Upper Bay Sediment Control Plan c. Hydrodynamic and Water Quality Numerical Modeling Requirements d. Eelgrass Capacity Recommendations ONewport Bay Watershed Plan — Approval of Profe0l Services Agreement with Dudek December 11, 2007 Page 2 e. Contaminated Sediment Study f. Dredging Requirements Study g. Harbor Channel and Pierhead Lines Study h. Water Quality Best Management Practices Report i. Regional General Permits j. Beach Replenishment Projects k. Priority Project Funding Report I. Harbor Area Management Plan The second task, which is the subject of this Council Memo, is the preparation of the Water Management Plan for the Newport Bay Watershed, which is the umbrella plan to prioritize projects and programs to accomplish beneficial use goals for Newport Bay and the upper watershed (primarily those areas that are drained by San Diego Creek and Santa Ana Delhi Channel). The HAMP is a subset of this Water Management Plan. In cooperation with the County of Orange, watershed -wide projects regarding water quality, habitat protection, water supply and flood control are being identified. A Plan and a Master Schedule will be prepared to show the correct prioritization and sequencing of projects. For instance, the stabilization of Serrano Creek must be shown as a top priority for implementation to reduce dredging requirements for the Bay. The goal for the preparation of this Water Management Plan is to position the Newport Bay Watershed stakeholders to make a Prop. 84 request next spring in the range of $25 to 35 million. Potential Newport Beach projects that would be proposed for funding include for Big Canyon Creek Restoration, Santa Ana -Delhi Channel Slope Repair, Marina Park boat maintenance area runoff collection system, and an expanded watershed education program at Corona del Mar and Newport Harbor High Schools, as well as potential park creation, slope repair and habitat restoration projects along West Bay and East Bluff. For this second task, the City previously contracted with Connective Issues to lead the effort to produce the concept for the Water Management Plan. After an exhausting series of meetings with the civic, environmental and other stakeholder groups, a comprehensive outline has been produced and Connective Issues is writing the Water Management Plan. Along with the Water Management Plan write -up, a significant effort is needed to prepare project descriptions, maps, figures, schedules, and concept level cost estimates for the 200 plus projects that have been identified. Under the proposed professional services agreement, Dudek will be charged with performing all these tasks and working with the other team members to pull the water management plan together. Dudek is ideally and uniquely suited for these tasks as it previously prepared the 'Phase 1' Water Management Plan under contract with IRWD. The Phase 1 plan, submitted August 1, 2007, was biased toward ASBS protection projects to be eligible for Proposition 50 (Round 2) funding. Under the previously prepared Phase 1, plan, Dudek attended stakeholder meetings, assembled the project list, prepared the plan and prepared the preliminary grant applications. • Newport Bay Watershed Plan — Approval of Pr�onal Services Agreement with Dudek December 11, 2007 Page 3 As a side note on the Prop. 50 grant funding, there are 13 proposed projects proposed for funding under Prop. 50 with a total grant request of $10 million. Notable project funding requests include Bay Dredging ($2 million), Copper Reduction Pilot Projects ($250,000) Program and an extension of the successful Smartimer Irrigation Controller program ($1 million). It should be noted that for the Prop. 50 grant program, there is a 50 percent match requirement which will be shared between the County, IRWD and the City. The City's obligation is about $2 million. Most of this 'match' can be accomplished by recognizing City spending on our CIP projects. For instance, if Council approves construction of the Buck Gully Erosion Control project currently in design, the projected construction cost of $1.5 million would be used as part of the City's match requirement. While the Phase 1 Water Management Plan and our 'Final' Water Management Plan are qualitatively different products, Dudek's recent Phase 1 experience, watershed knowledge and working relationships with stakeholders are essential for completing a draft Water Management Plan by the end of January 2008. This Final Water Management Plan will be a much more robust plan with a more deliberate effort to objectively identify watershed projects that accomplish the water supply, beneficial use, and ecosystem objectives for the Newport Bay Watershed. Dudek will circulate the draft Water Management Plan to local and state -level stakeholders and decision - makers for review and track comments during the review period. If extensive revisions are required after this review period, an amendment to Dudek's contract may be required. Dudek's specified level of effort to produce the project descriptions, maps, figures, schedules, and concept level cost estimates for the 200 plus projects for the Water Management Plan is somewhat greater than originally anticipated back in 2006. In order to fund Dudek's not -to- exceed fee of $174,400, funds totaling $68,830 will used from the ASBS Assessment Project. (Surplus funds are available in this project due to Weston Solutions efficient execution of its contract to prepare the Newport Coast Watershed Management Plan.) Environmental Review: All tasks fall under the Information Gathering class of projects and are therefore categorically exempt pursuant to CEQA Guidelines, Article 19, Section 15306. Public Notice: As the preparation of the Water Management Plan is a 'consensus' process, the frequent meetings with stakeholders, e.g. local agencies, environmental groups, and key business groups will continue. •Newport Bay Watershed Plan — Approval of Prole iI Services Agreement with Dudek December11,2007 Page 4 Funding Availability: Sufficient funds are available in the following account(s) for the project: Account Description Account Number Amount Upper Bay and Harbor Area Management Plan 7231- CO310929 $ 92,700 Upper Bay and Harbor Area Management Plan 7255- CO310929 12,870 ASBS Assessment (General Fund) 7014- C5100889 68,830 Prepared by: CRV'\\t- &"^ Robert Stein, .E. Assistant City Engineer Submitted by: Attachment: Professional Services Agreement Total: $ 174,400 Badum s Director PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR THE WATER MANAGEMENT PLAN FOR NEWPORT BAY WATERSHED THIS AGREEMENT is made and entered into as of this day of December, 2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and Dudek a California Corporation whose address is 111 Pacifica, Suite 230, Irvine, California, 92618 ( "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 prepare a water management plan for the Newport Bay Watershed. C. City desires to engage Consultant to assist with a multitude of task for the preparation of the water management plan. ( "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 William Whittenberg. 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: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31 day of December, 2008, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Seventy -Four Thousand Four Hundred Dollars and no /100 ($174,400) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 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. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall 'be limited and include nothing more than the following costs incurred by Consultant: 2 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 William Whittenberg to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 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 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. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, 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, volunteers 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 I • • 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 the negligence, recklessness, or willful misconduct of the Consultant or 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 sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his /her duly authorized designee informed on a regular basis regarding the status and 5 i progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City 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. L Workers' Compensation Coveraoe. 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 (10 calendar days written notice of non- payment of premium) 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 I 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: 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 (10 calendar days 1'I 0 written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization 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 6 0 • 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant E 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. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project.. 25. CONFLICTS OF INTEREST 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. 26. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Robert Stein Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949 - 644 -3311 Fax: 949 - 644 -3318 10 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: William Whittenberq Dudek 111 Pacifica, Suite 230 Irvine, CA 92618 Phone: 949 - 450 -2525 Fax: 949 - 450 -2626 27. 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, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 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. 28. 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. 29. 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. 11 0 30. INTEGRATED CONTRACT L 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. 31. 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. 32. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 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. 12 0 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APP OVED AS TO FORM: tiq Attomey for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation BE Mayor for the City of Newport Beach CONSULTANT: M (Corporate Officer) Title: Print Name: (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f: \users\pbw\shared\agreements \fy 07 -081dudek- newport bay watershed.doc 13 DUDEK III PACIFICA, SUITE 230 IRVINE. CALIFORNIA 92618 T 919.150 2525 F 949 450 2626 November I6, 2007 Mr. Robert Stein, P.E. Assistant City Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Exhibit A Subject: Proposal for Assistance with Central Orange County Integrated Regional and Coastal Watershed Management Plan, Phase 11, Step 1 and Step 11 Dear Bob: It has been a pleasure to work with the City of Newport Beach (City) in developing and implementing the initial stages of Phase II of Central Orange County Integrated Regional and Coastal Water Management Plan (IRCWMP). Dudek is pleased to provide you with this proposal for continuing assistance with the completion of Phase 11 of the IRCWMP. Per our conversation on September 6, the work will be performed in two steps. Step 1 will be completed within three basic tasks: (1) Preparation of GIS maps and graphics; (2) concept development of subwatershed projects; and, (3) project management For Step II the work will be performed within six principal tasks: (1) Project Management, Administration, and Communications. (2) Preparation of GIS Maps and Graphics; (3) Concept Development of Study Area Projects; (4) Report Development and Preparation; (5) Report Editorial Services; and, (6) Preparation of the Prop 8411 E Appendix. PROPOSED SCOPE OF WORK Phase II, Step I The tasks include the following scope of work and related fee: I. GIS Mapping and Graphics. Dudek will prepare graphics and maps showing watershed or subwatershed features and the location of proposed projects. Additionally, Dudek will prepare tailored maps and graphics showing specific projects, locations and other information as appropriate for the intended use of the document. It is anticipated that this task will require approximately 70 hours for a GIS Specialist - $7,000.00 2. Subwatershed Programs. Dudek will assist with the formulation of project and program concepts, development of order of magnitude costs, development of project and program options and other specific program related program actions as directed by the City. It is anticipated that this task will require about 80 hours of Principal Engineer or Senior Planner effort - $12,200.00 3. Project Management. Dudek will provide oversight and management of Tasks I & 2, attendance at project related meetings and preparation of monthly activity reports. It is anticipated that this task will require-approximately 32 hours for the Project Manager - $5,200.00 W W W.DUDEK.COM EXHIBIT A Mr. Robert Stein Subject Proposal for Assistance with Central Orange County Integrated Regional and Coastol Watershed Management Plan All work will be performed at the direction of the City, and will be performed on a time and materials basis. The total cost is estimated for Step I is $24,300.00. The proposed fee includes other direct costs, such as mileage, reproduction and postage. This work was performed September 6, 2007 through October 30, 2007 Phase 11, Step 11 TASK 1 PROJECT MANAGEMENT, ADMINISTRATION, AND COMMUNICATION Dudek will provide exceptional project management and establish communications that will ensure a coordinated and informed approach throughout the IRCWMP Project Task I.1 Progress and Project Related Meetings Dudek will prepare for and participate in Progress and Planning meetings with the CITY staff to establish progress and goals for the project team and the plan. Dudek will attend project related meetings such as the Upper Newport Bay Restoration Team, the Newport Bay Sediment Workshop, Newport Bay Executive Committee, and Stakeholders meetings. Dudek will also attend informational meetings related to the grant planning and requirements for Proposition 84 and I E. We anticipate about 8 meetings will be attended. Task 1.2 Administration and Communication With the dynamic schedule of this project and the intensity of some of the key work efforts, effective communication will be critical. Dudek will be available for conference calls, meetings and other communication events. This will ensure a coordinated approach, allows for frequent review of each task deliverable, establishes the QA/QC process, and facilitates the project schedule. Dudek's Project Manager will prepare and submit a Monthly Activity Report to CITY. The Monthly Activity Report will identify activities accomplished in the previous month and identify activities anticipated for the next month. The report will be submitted electronically for timeliness, and will be submitted concurrent with DudeWs monthly invoice. Dudek will also provide limited administrative support during the project. The support may include electronic distribution of documents, preparation of copies of reports and other documents, phone calls, etc. Task 1.3 Establish Secure Project Website for Exchange of Information Dudek will establish a secure IRCWMP Project FfP site for efficient exchange of information and large files throughout the duration of the IRCWMP Project The project FTP site will have secure access for authorized users, as approved by CITY. The project FTP site will not be accessible to the public The secure project website will be used for the review of and comment on draft documents for the IRCWMP Plan and the grant application; posting of information documents, presentations, and reports; storage of authorized access list DUDEK 5791 2 November 16.2007 0 Mr. Robert Stein Subject Proposal for Assistance with Central Orange County Integrated Regional and Coastal Watershed Management Plan It is estimated that this task will require approximately 144 hours for the above services. Additionally, it is anticipated that draft documents will need to be reproduced. An allowance for $2,000 for reproduction costs is included. TASK 2 PREPARATION OF GIS MAPS AND GRAPHICS Dudek will continue preparation of graphics and maps showing watershed or subwatershed features and the location of proposed projects. Additionally, Dudek will prepare tailored maps and graphics showing specific projects, locations and other information as appropriate for the intended use of the document. It is anticipated that this task will require approximately 160 hours for GIS Specialists. TASK 3 CONCEPT DEVELOPMENT OF STUDY AREA PROJECTS Dudek will assist with the formulation of project concepts, development of order of magnitude costs, development of project options and other specific project related actions as directed by the CITY. Dudek will work with the CITY and its consultants to develop project prioritization criteria based upon the criteria established in the Phase I Central Orange County IRCWMP. The criteria established will do of the following: Ensure the projects are consistent with the IRCWMP Plan goals and objectives, and include at least one of the water management strategies identified. • Determine project readiness to proceed. • Evaluate cosdbenefit of submitted projects for purposes of recommending grant project funding. • Evaluate integration of projects relating to water management strategies within the region. • Evaluate consistency with statewide goals and objectives, program preferences and statewide priorities. • Ensure project proponents comply with eligibility requirements as identified in the IRWMP Program Guidelines, Including Urban Water Management Planning Act compliance and Groundwater Management Plan compliance. It is anticipated that this task will require about 364 hours of Principal Engineer and other professional staff effort. TASK 4 REPORT DEVELOPMENT AND PREPARATION Dudek will assist with the development and preparation of the IRCWMP Plan. Dudek will prepare the following sections of the Plan: • Project Integration • Prioritization • Appendices for. - Northern Foothills Southern Foothills - Coastal Plain Urban Bay 1U14 rN - Bay /Coastal - Coastal Canyons - Prioritization Analysis 5791 3 November I6, 2007 • • Mr. Robert Stein Subject Proposal for Assistance with Central Orange County Integrated Regional and Coastal Watershed Management Plan It is anticipated that this task will require about 357 hours of Principal Engineer and Professional Staff effort TASK 5 REPORT EDITORIAL SERVICES Following the preparation of a full draft report, Dudek will provide editorial services. Our editorial services include: • Reviewing editorial requirements and issues with the team • Recommending level of edit based on time available • Developing technical report outlines and initial drafts • Reviewing early drafts, Bagging problems with organization, consistent tone, and style • Reviewing existing drafts for copyediting issues, including spelling, grammar, punctuation, logic, references, and clarity of figures and tables • Checking for readable text, clear sentences, and consistent style • Resolving editorial inconsistencies • Reviewing for integration issues; smoothing writing styles • Ensuring documents meet style guidelines • Performing overall editorial quality checks. It Is anticipated that this task will require about 40 hours of Technical Editor services. TASK 6 PREPARATION OF THE PROP 8411E APPENDIX. (As Requested and Negotiated) Dudek will prepare the Proposition 84 /IE Appendix Since the Prop 84 /IE Guidelines have not been published by the State Department of Water Resources, the exact nawre of the Appendix cannot be determined at this time. Dudek will meet with CITY staff to discuss additional plan assistance services. Dudek will provide a scope of work and fee proposal in accordance with the services requested. Phase II Step II PROPOSED SCHEDULE Critical timing of each task of this project and how the tasks integrate with each other is of central importance to the success of the project. Dudek understands the unique nature of the project, the members involved, the current status of the IRCWMP grant program and its potential to change. The CITY and its team have developed a work schedule that targets completion of the draft Plan by January, 18, 2008. We have designed our level of effort to meet that goal. Please see the attached schedule. All work will be performed at the direction of the City, and will be performed on a time and materials basis. According to the attached fee estimate, total estimated cost for Phase 11, Step 11 estimated to be $150,100. The proposed fee includes other direct costs, such as mileage, reproduction and postage. In anticipation of authorization of this additional work. Dudek will continue working on the plan in an effort to meet the schedule. DUDEK 5791 4 November 16, 2007 u E Mr. Robert Stein Subject Proposal for Assistance with Central Orange County Integrated Regional and Coastal Watershed Management Plan The total estimated fee for Phase II Step I and Phase II Step II is estimated to be $174,400. Respectfully, William R. Whitten berg .. CEE Principal Engineer DUDEK 5791 5 November 16, 2007 City of Newport Beach Assistance with Central Orange County Integrated Regional and Coastal Watershed Management Plan Phase II, Continuing Services Nmember, 2007 rqa x...: anti arr caymcvwnr UDEK 1BIMmR Env4o. 8p kft, M. N101a1r p3nOIp1E1pl1 Entlm0ppaW 1 �.IntEdft,, Cw" palOMeu $17COO a0 316Od0 $126.00 U S110A0 $25M 3113.00 "mm Sham 10 Nn. 1 aM�1 MYKMMnL�aml3MmNamwrk�a^�^ 1N 62300 $21AH v am am a awa .aa 20 180 a - 1* 26 .60 a0 100 380 5200 620b MAN S63,800 rY1 TWa �,a 9. in 20 361 $200 $51,aw 11yw1aMle,YlOw1 u0 b 260 .,,lam 212 11 40 SO SO M 0 1 2211 Na M M S46.50 700 mm. 1 24 I.,., • City of Newport Beach Assistance with Central Orange County integrated Regional and Coastal Watershed Management Plan Phase Ii, naam$ Support 10 Tsk Name in IMM IM PIV. 1 Task 1 Project Management, Administration, and Communication task 1.1 Progress and Protect Related Meetings Task 1.2 Administration and Communication Task 1.3 Establish Secure Project Webefte for Exchange of lnformatlon Task 2 Preparation of GIS Maps and Graphics ..... Task 3 Concept Development of Study Area Projects Task 4 Report Development and Preparation Task 4.1 Revision of Draft Report Task 5 Report Editorial Services Task 5 Preparation of Prop 8411E Appendix (optional) i a O O O O O O O I 0 i C O ©® El El E 0 [1 0 M. m 0 a o 1 ; IM 0 © © 0 !i 0 c t ! 12 12 2e 2° +i u Paces E City of Newport Beach Assistance with Central Orange County Integrated Regional and Coastal Watershed Management Plan Proposed Staff Engineering Services Classification Bill W hittenberg ..............................._ ..................................................................................... Principal Engineer 11 Russ Bergholtz ........................................... ............................................. ........ .................. Senior Project Manager SudathAlvis .................................................................................................. ............................... Senior Engineer II NicolePeacock .......................................................................................................... ............................... Engineer II Environmental Services Classification Sherri Miller. .......................................... ............................... .........................Senior Project Manager /Specialist Mike Komula. ............................................................. ............................... Environmental Specialist/ Planner V Shawn Shamlou . .......................................................... ............................... Environmental Specialist/Planner IV Megan Enright. ............ .................................................... .......................... Environmental Specialist/Planner IV Tricia Wotipka. ............................... _ ......................................................... Environmental Specialist/Planner III David Flietner . ............................................................. .._............................ Environmental Specialist/Planner II LincolnHurlburt— ......................................................... ............ ...................................................... GIS Specialist II David Hochart. .............................................................. ............................... Environmental SpecialistlPlanner 1 Stuart Fraser . ................................................................. ............................... Environmental Specialist/Planner Mark Doalson . ............................................................... ............................... Environmental Specialist/Planner KarenLopez ........................ .................................. _ ....................................... .................................................. Analyst Hydrogeological Services Classification Derek Reed Senior Hydrogeologist/ Project Manager D U D E K September 6, 2007 i 0 DUDEK 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 1 ................ .....................$160.001hr /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 ;.$80.00 /hr Project Engineer N ................ .....................$110.00 /hr Project Engineer III ................. .....................$100.00/hr $48.00/hr Project Engineer II ................... ......................$95.00/hr $36.00/hr Project Engineer I .................... ......................$85.001hr Field Engineer 11 ..................... .....................$105.001hr Field Engineer I ....................... ......................$95.00/hr Engineering Assistant .............. ......................$80.00 /hr Right-of- -Way Management Services Principal ROW Manager ROW Project Manager_ ROW Senior Engineer.... ROW Engineer ............... ROW Technician........... ROW Research Analyst .$165.001hr .$135.00/hr .$120.00/hr .$110.00/hr .$100.001hr ...$70.00 /hr Environmental Services /hr Principal .. ............................... .....................$200.00 /hr Senior Project Manager /Specialist ..............$185.00 /hr Environmental Specialist/Planner VI ...........$160.00/hr /hr Environmental Specialist/Planner V ............ $140.001hr Environmental Specialist/Planner IV ...........$130.00/hr ...$130.001hr Environmental Specialist/Planner III ............ $115.00hlr Environmental Specialist/Planner 11 .............$105.00 /hr Environmental Specialist/Planner I ................$95.00 /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 Senior Project Manager .......... .....................$150.00lhr $100.001hr Construction Manager ............ .....................$140.00 /hr Project Manager ..................... .....................$135.00 /hr Resident Engineer ....................... ........... ...$130.001hr Construction Engineer ............ .....................$125.00 /hr On -site Owner's Representative .................$100.00 /hr Construction Inspector III ....................... ..... $115.00lhr Construction Inspector It ........ .....................$105.00/hr /hr Construction Inspector I .......... ......................$95.00/hr $50.001hr Hydrogeological Services Principal ................................. .....................$190.00/hr /hr Practice Manager ................... .....................$175.001hr $140.00/hr Senior Environmental Engineer ...................$175.001hr $100.001hr Sr. Hydrogeologist/Sr. Proj Mgr ..................$160.00/hr $85.00/hr Project Manager/Hydro .......... .....................$140.00/hr /hr Associate Hydrogeologist /Engineer .............$125.00mr $100.001hr Hydrogeologist IWEngineer IV ....................$115.001hr $85.00/hr Hydrogeologist III /Engineer III .....................$105.00 /hr Hydrogeologist II /Engineer II ... ......................$95.00 /hr Exhibit B Hydrogeologist IfEngineer I ..... ......................$85.00/hr Technician ............................... ......................$75.001hr District Management & Operations District General Manager ........... ....................$165.00 /hr District Engineer .............. ............................... $140.00/hr District Manager ....................... .....................$135.001hr $100.001hr District Secretary/Accountant .......................... $85.00/hr Collections System Manager ... ......................$85.00 /hr Grade V Operator ............ ............................... $100.001hr Grade IV Operator ............. ............................... $85.00/hr Grade III Operator ............. ............................... $75.00 /hr Grade II Operator .............. ............................... $63.00/hr Grade I Operator ........................ ......................$60.00 /hr Operator in Training .......... ............................... $50.001hr Collection Maintenance Worker 11 ..................... $48.00/hr Collection Maintenance Worker I ..................... $36.00/hr Office Services TechnicallDraRing/CADD Services 3D Graphic Artist ....................... .....................$130.001hr Senior Designer ............................................ .$115.001hr Designer .......................... ............................... $100.001hr Assistant Designer ............ ............................... $75.001 hr GIS Specialist IV ....................... .....................$130.00/hr GIS Specialist III .............. ............................... $115.00/hr GIS Specialist 11 ............... ............................... $105.00lhr GIS Specialist 1 .......................... ......................$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 .... ............................... $195.00/hr 1- Person Survey Crew .... ............................... $105.00/hr Survey Analyst ................ ............................... $105.001hr Asst.Survey AnalystlCADD Mapper ................. $75.Mr Support Services Technical Editor .............. ............................... $105.001hr ComputeriWord Processing ....... ......................$75.00 /hr Clerical Administration ....... ............................... $65.001hr forensic Engineering— Court appearances, depositions, and interrogatories as expert Whose will be billed at 175 times normal miss. Emergency and Holidays — Minimum charge aiwo hours will be billed al 1.5 times the normal rate. Material and Outside services— Subcontractors, rental of special equipment. special reproductions and blueprinting, outside des processing and computer services, atc, am charged at 1.15 runes the clued cost. Travel Expenses— Mileage at 48.5 cents per mile. Per diem where mmmlght stay is involved is charged at cost all be daa atiurrnhl (30) Mv- A=1n Ihu nv� Ji day° = herrr7gr paY a morimiy rma amr9e araram —. netiemnscll> ermormlaiheowaiarhdrhabalaa�arreipecaloran. EXHIBIT B D U D E K Effective January 1, 2W