DUDEK CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
DUDEK
for
PROFESSIONAL CIVIL ENGINEERING SERVICES FOR
STORM DRAIN DEFICIENCY IMPROVEMENT PROGRAM,FY16-17
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AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
DUDEK
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and
entered into this 20th day of September,2016 by and between the City of Rancho Palos Verdes,a
California municipal corporation ("City") and Dudek ("Consultant" or "Dudek"). City and
Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter
collectively referred to as the"Parties".
RECITALS
A. City has sought,by issuance of a Request for Proposals or Invitation for Bids,the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement,was selected by the City
to perform those services.
C. Pursuant to the City of Rancho Palos Verdes' Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW,THEREFORE,in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration,the value and adequacy of which are hereby
acknowledged,the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement,the Consultant shall provide
those services specified in the"Scope of Services"attached hereto as Exhibit"A"and incorporated
herein by this reference, which may be referred to herein as the "services" or"work"hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and
warrants that it has the qualifications,experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough,competent,and professional manner,and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement,the phrase"highest
professional standards" shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
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1.2 Consultant's Proposal.
The Scope of Service shall include the Consultant's scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement,the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning,and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses,Permits,Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses,permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes,plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant's
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City,its officers,employees or agents of City,against any such fees,assessments,taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant's risk until written instructions are
received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work,and the equipment,materials,papers,documents,plans,studies
and/or other components thereof to prevent losses or damages,and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
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of this Agreement. Unless hereafter specified,neither party shall be responsible for the service of
the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement,to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in(i)the Contract Sum for the actual costs of the extra work,
and/or(ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the
Contract Sum or$25,000,whichever is less;or,in the time to perform of up to one hundred eighty
(180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
City may in its sole and absolute discretion have similar work done by other contractors. No claims
for an increase in the Contract Sum or time for performance shall be valid unless the procedures
established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the"Special Requirements"attached hereto as Exhibit"B"and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit"B" and any other
provisions of this Agreement,the provisions of Exhibit"B"shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference. The total compensation,including reimbursement for actual
expenses, shall not exceed Two Hundred and Fifty-Five Thousand and Forty-Two Dollars
($255,042)(the"Contract Sum"),unless additional compensation is approved pursuant to Section
1.8.
2.2 Method of Compensation.
The method of compensation may include: (i)a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant's rates as
specified in the Schedule of Compensation, provided that(a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or(iv) such other methods as may be specified in the Schedule of Compensation.
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2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and
expenses incurred during the preceding month in a form approved by City's Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance
with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual
expenses by the following categories: labor (by sub-category), travel, materials, equipment,
supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such
categories. Consultant shall not invoice City for any duplicate services performed by more than
one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five(45)days of receipt of Consultant's correct and undisputed
invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event any charges
or expenses are disputed by City, the original invoice shall be returned by City to Consultant for
correction and resubmission. Review and payment by City for any invoice provided by the
Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s)established in the
"Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this
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reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty(180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including,but not restricted to,acts of God or of the public enemy,unusually severe weather,fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Consultant shall
within ten(10)days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay,and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer's determination
shall be fmal and conclusive upon the parties to this Agreement. In no event shall Consultant be
entitled to recover damages against the City for any delay in the performance of this Agreement,
however caused, Consultant's sole remedy being extension of the Agreement pursuant to this
Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one (1)
years from the date hereof, except as otherwise provided in the Schedule of Performance(Exhibit
"D").
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
a. Timothy Muli,P.E, LEED AP, Project Manager Email:tmuli@dudek.com
b. Thomas Ryan,P.E. Email:tjryan@dudek.com
c. Jonis C. Smith,P.E., CFM Email:jsmith@dudek.com
It is expressly understood that the experience,knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
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by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant's staff and
subcontractors,if any,assigned to perform the services required under this Agreement. Consultant
shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to
perform the services required under this Agreement,prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City,whether by contract or otherwise,unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant's officers,employees,or agents are in any manner officials,officers,employees
or agents of City. Neither Consultant,nor any of Consultant's officers,employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City's employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Ron Dragoo,Principal Engineer or Michael Throne,Director
of Public Works or such person as may be designated by the City Manager. It shall be the
Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of
the performance of the services and the Consultant shall refer any decisions which must be made
by City to the Contract Officer. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have
authority, if specified in writing by the City Manager, to sign all documents on behalf of the City
required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner,mode or
means by which Consultant, its agents or employees,perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant's employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with
Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
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encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the transfer
to any person or group of persons acting in concert of more than twenty five percent(25%)of the
present ownership and/or control of Consultant, taking all transfers into account on a cumulative
basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release the Consultant or any surety of
Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or
equivalent). A policy of comprehensive general liability insurance written on a per occurrence
basis for bodily injury,personal injury and property damage. The policy of insurance shall be in
an amount not less than$1,000,000.00 per occurrence or if a general aggregate limit is used, then
the general aggregate limit shall be twice the occurrence limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance(Form CA 0001 (Ed 1/87) including"any auto"and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned,non-owned, leased,hired cars and any
automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant's profession. This coverage may be written on a"claims made"basis,and must include
coverage for contractual liability. The professional liability insurance required by this Agreement
must be endorsed to be applicable to claims based upon, arising out of or related to services
performed under this Agreement. The insurance must be maintained for at least 5 consecutive
years following the completion of Consultant's services or the termination of this Agreement.
During this additional 5-year period,Consultant shall annually and upon request of the City submit
written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
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(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit"B".
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers,employees or agents may apply in excess of,and not contribute
with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents and their respective
insurers. Moreover, the insurance policy must specify that where the primary insured does not
satisfy the self-insured retention,any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty(30)days prior written notice
by certified mail return receipt requested to the City. In the event any of said policies of insurance
are cancelled,the Consultant shall,prior to the cancellation date,submit new evidence of insurance
in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete,certified
copies of and endorsements to all required insurance policies at any time. Any failure to comply
with the reporting or other provisions of the policies including breaches or warranties shall not
affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement)and shall conform to the following"cancellation"notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL
THIRTY (30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed]
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of activities
Consultant performs;products and completed operations of Consultant;premises owned,occupied
or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to City,and their
respective elected and appointed officers, officials, employees or volunteers. Consultant's
insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
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Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City or its respective elected or appointed officers,officials, employees and
volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations,claim administration,defense expenses and claims. The Consultant agrees that the
requirement to provide insurance shall not be construed as limiting in any way the extent to which
the Consultant may be held responsible for the payment of damages to any persons or property
resulting from the Consultant's activities or the activities of any person or persons for which the
Consultant is otherwise responsible nor shall it limit the Consultant's indemnification liabilities as
provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Consultant is required
to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to
City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City,its officers,employees and agents("Indemnified Parties")against,and will hold
and save them and each of them harmless from,any and all actions, either judicial,administrative,
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or
liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work,operations or activities provided herein of
Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Consultant is legally liable("indemnitors"),or arising from Consultant's or indemnitors'
reckless or willful misconduct,or arising from Consultant's or indemnitors'negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys'
fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers,agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work,operations or activities of Consultant
hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys'
fees.
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Consultant shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City's sole negligence or willful acts or omissions,but,to the fullest extent permitted
by law, shall apply to claims and liabilities resulting in part from City's negligence, except that
design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of
the negligence, recklessness or willful misconduct of the design professional. The indemnity
obligation shall be binding on successors and assigns of Consultant and shall survive termination
of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California,rated"A"or better in the most recent edition of Best Rating
Guide,The Key Rating Guide or in the Federal Register,and only if they are of a fmancial category
Class VII or better, unless such requirements are waived by the Risk Manager of the City("Risk
Manager") due to unique circumstances. If this Agreement continues for more than 3 years
duration, or in the event the risk manager determines that the work or services to be performed
under this Agreement creates an increased or decreased risk of loss to the City, the Consultant
agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt
of written notice from the Risk Manager.
ARTICLE 6. RECORDS,REPORTS,AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep,and require subcontractors to keep,such ledgers,books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the "books and records"), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect,copy,audit and make records
and transcripts from such records. Such records shall be maintained for a period of three(3)years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Consultant's business,custody of the
books and records may be given to City, and access shall be provided by Consultant's successor
in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of
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work and services to be performed pursuant to this Agreement. For this reason,Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if
Consultant is providing design services, the cost of the project being designed, Consultant shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services,the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials")
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the Contract
Officer or upon the termination of this Agreement,and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership use,reuse,or assignment of the documents and materials hereunder. Any use,reuse or
assignment of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Consultant will be at the City's sole risk and without
liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use,
reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant
shall have the right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Consultant
fails to secure such assignment, Consultant shall indemnify City for all damages resulting
therefrom. Moreover,Consultant with respect to any documents and materials that may qualify as
"works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby
deemed"works made for hire"for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant
in performance of this Agreement shall be considered confidential, unless such information is in
the public domain or already known to Consultant. Consultant shall not release or disclose any
such information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant,its officers,employees,agents or subcontractors,shall
not, without prior written authorization from the Contract Officer or unless requested by the City
Attorney,voluntarily provide documents,declarations,letters of support,testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered"voluntary" provided
Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees,including attorneys fees,caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its
officers, employees,agents or subcontractors be served with any summons,complaint, subpoena,
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notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request,court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right,but has no obligation,to represent Consultant or be
present at any deposition,hearing or similar proceeding. Consultant agrees to cooperate fully with
City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However,this right to review any such response does not imply or mean
the right by City to control,direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes;Default.
In the event that Consultant is in default under the terms of this Agreement,the City shall
not have any obligation or duty to continue compensating Consultant for any work performed after
the date of default. Instead, the City may give notice to Consultant of the default and the reasons
for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default,the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative,the City may,in its sole discretion,elect to pay some or all of the outstanding invoices
during the period of default. If Consultant does not cure the default,the City may take necessary
steps to terminate this Agreement under this Article. Any failure on the part of the City to give
notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights
or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant's acts or omissions in performing or failing to perform Consultant's
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding,an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Consultant to insure, indemnify,and protect City as elsewhere provided herein.
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01203.0006/318392.1
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term,condition,or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement,to obtain declaratory or injunctive relief,or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty(30) days' written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Consultant
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days'written notice to City,except that where termination is due to the fault of the City,the period
of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice
of termination, Consultant shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Except where the Consultant has initiated
termination,the Consultant shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated
termination, the Consultant shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section,the terminating party need not provide the non-terminating party with the opportunity
to cure pursuant to Section 7.2.
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01203.0006/318392.1
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement,City may,after compliance with the provisions of Section 7.2,take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to
the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated(provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Consultant for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.9 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement,the prevailing party in such action
or proceeding, in addition to any other relief which may be granted, whether legal or equitable,
shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any
appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable
costs for investigating such action,taking depositions and discovery and all other necessary costs
the court allows which are incurred in such litigation. All such fees shall be deemed to have
accrued on commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor,or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant's performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
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01203.0006/318392.1
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation,marital status,national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex,gender,sexual orientation,marital status,national origin,ancestry or other protected
class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed,together with any and all costs, including attorneys'fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice,demand,request,document,consent,approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer(with her/his name and City title),City of Rancho Palos
Verdes, 30940 Hawthorne Blvd., California 90275 and in the case of the Consultant, to the
person(s) at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall be
deemed communicated at the time personally delivered or in seventy-two(72)hours from the time
of mailing if mailed as provided in this Section.
9.2 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
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration;Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
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01203.0006/318392.1
any and all previous negotiations, arrangements, agreements and understandings, if any,between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases,sentences,clauses,paragraphs,or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or
decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses,paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder
unless the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
9.6 Warranty&Representation of Non-Collusion.
No official,officer,or employee of City has any financial interest,direct or indirect,in this
Agreement,nor shall any official,officer,or employee of City participate in any decision relating
to this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
"financial interest" shall be consistent with State law and shall not include interests found to be
"remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including,but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that(s)he/it has not engaged in any act(s),omission(s),
or other conduct or collusion that would result in the payment of any money, consideration, or
other thing of value to any third party including, but not limited to, any City official, officer, or
employee,as a result of consequence of obtaining or being awarded any agreement. Consultant is
aware of and understands that any such act(s), omission(s) or other conduct resulting in such
payment of money, consideration, or other thing of value will render this Agreement void and of
no force or effect.
Consultant's Authorized Initials L.
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that(i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors,administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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01203.0006/318392.1
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01203.0006/318392.1
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
• .yo
ATTEST:
ity Clerk
APPROVED AS TO FORM:
ALESHIRE&WYNDER, LLP
00.4444AcaoligrA-City&kat/
David J. Aleshire,City Attome
CONSULTANT:
DUD N. a Califomi. . .oration
By: l - k (/4- (�
Name: "IE' /L IO CA/A 'v
Title: V(GE.— P 44t.0 FAST
By: - sr�LCoe‘O. _
Name:
Title: June Collins
Secretary
Dudek
Two corporate officer signatures required when Consultant is a corporation,with one signature required from
each of the following groups:1)Chairman of the Board,President or any Vice President;and 2)Secretary,any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS,ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
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01203.0006/318392.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF XXXX )
On al6131:11. 3.0/G before me, VANik . , N67A'V1 Puau�
Date Here Insert Name and Title of Officer
personally appeared JU 4th fA eJpg-it. Ce U./NJ Amo
Name(s) of Signer(s)
AE> R -Xi Mit.' Q0/KLAN
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) Ware subscribed to the within instrument and acknowledged to me that
bef they executed the same in /Ie/their authorized capacity(ies), and that by
1)4e/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY
under the laws of the State of California
that the foregoing paragraph is true and
-� DANIEL IOL � correct.
` !!' - COMM.#2016308
P� WITNESS my hand and • I eal.
� SAN Comet MAR. 2017
I
Signature of Notary Pu
Place Notary Seal Above
01203.0006/318392.1
EXHIBIT "A"
SCOPE OF SERVICES
I. Brief description of the work to be performed:
Dudek will perform professional design civil engineering services needed to upgrade the City's
storm drain facilities. In June 2015, Michael Baker International updated the Master Plan of
Drainage ("MPD") for Year 1 of the City's Storm Drain Deficiency Improvement Program
("SDDIP"). This update included recommended improvements. Dudek will perform an
independent analysis of the City's storm drain facilities and design plans to implement
improvements warranted by this analysis. Dudek will prepare bid ready construction documents
for all necessary structural improvements,provide support during the bidding and construction of
such improvements,and develop accurate record drawings and GIS data layers for use by the City,
all of which is more fully described below.
II. Consultant will perform the following Tasks:
Task 1.0 Kick-Off Meeting
Dudek will conduct a project kick-off meeting with the City to refine, clarify, and discuss project
objectives,project schedule,preliminary designs,City data sharing agreement,City strategies,and
construction budget. Dudek will also discuss the timing of deliverables outlined in the RFP for
each task below.
Task 1.1 Site and Data Review
Dudek will conduct detailed research on the identified deficient pipe systems and their tributary
drainage areas. The research will include review of existing records, including but not limited to
any available storm water runoff facility plans, topographic maps, video logs, GIS information,
the City's MPD, street base maps, tract maps, relevant geotechnical studies and other reports to
aid in the preliminary engineering design. The task will also include review of right-of-way
constraints including street right-of-way,construction easements,and utility easements.
In addition, Dudek will verify location of storm drain facilities identified in the MPD's list of
proposed projects for FY16-17. Specific elements shall include coordinates and invert elevations
for inlets,manholes,junction and transition structures,material changes,grade breaks,storm drain
sizes, outlets, and all information necessary to help establish accurate pipe alignments and
hydraulic capacity.
Dudek will meet and coordinate with City maintenance staff to understand design issues such as
debris accumulation and historical flooding conditions of the proposed project sites.During a field
investigation, Dudek will also attempt to identify the source of sediment for those systems that
City maintenance staff indicates as having sediment/debris issues at proposed FY16-17
improvement locations. This will be especially critical for systems conveying runoff from natural
01203.0006/318392.1
canyons and slope areas. Using the information obtained during site and data review, Dudek will
review and compile information for project base sheets and identify locations of potential conflicts
or constraints,which may affect the design of the project.
Task 1.2 Ground Survey
Dudek team member, Cornerstone Land Surveying, will provide land-surveying services for the
proposed project site locations. Services will be performed in two phases and will include the
following:
Phase 1:
• Research survey records at the City of Rancho Palos Verdes and/or County of Los
Angeles and office calculations for the subject street centerlines and right of way, and
splice with the City's 2-feet contours for adjacent parcels.
• Perform field control survey to establish horizontal and vertical control at the three
(3) sites(LAE1 and LAE-7 will be combined into one site)tied to state plane coordinates,
and a City/County benchmark. This includes searching for existing street centerline
monuments and one (1) private property that the proposed storm drains alignment passes
through.Five(5)Aerial targets will be set for each of the three(3)sites for Aerial Mapping.
• Provide aerial mapping at a scale of 1"=40' with 1' contours for three (3) sites
covering a 200' wide strip along the storm drain alignment(100' each side).
• Provide a preliminary Aerial boundary base map at a scale of 1"=40' for three (3)
sites.
Phase 2:
• Provide a supplemental topographic and utility field survey along a 50' wide strip
along the alignment of the proposed storm drain. The Aerial will be utilized to pick up the
remaining portions of the right of way not field surveyed. This includes existing upstream
and downstream tie in structures, catch basin, inlets, outlets, manholes, and catch basins
along the existing storm drain alignment. This also includes opening and dipping existing
storm drain catch basins and manholes within the project limits and providing depths.
• Prepare a fmal comprehensive base map at a Scale of 1"=40' for three (3) sites,
street centerline and right of way survey, and drafting of supplemental field topographic
and field utility survey.
Phase 2 will be refined after preliminary investigations. If after phase 1 it is identified that a wider
strip will be required,the additional survey will be done as an addendum to the scope of work.
This task has been budgeted to cover only survey work necessary for design of the recommended
portions of storm drains facilities per the MPD and as referenced in the RFP(grouped into 3 survey
sites),which are part of the FY16-17 improvements. Additional survey work, if determined to be
necessary during the field investigations, will be included as an addendum to the scope of work
upon the approval by the City.
Task 1.3 Geotechnical Investigations
Dudek team member,Converse Consultants,will conduct a field investigation,perform laboratory
tests, and conduct analyses to develop geotechnical parameters and recommendations for the
design and construction of the storm drain lines and structures. The scope of work will include
project set-up and subsurface exploration, laboratory testing, engineering analysis, and report
preparation. This proposal assumes that site access will be provided at no additional cost to
Dudek's team, drilling will be conducted on weekdays between 8:00 am and 5:00 pm, traffic
control will include sign,cones and arrow boards in accordance with the WATCH manual,and no
flagman will be used.
Project Set-Up
Project set-up will include obtaining a no fee permit from the City of Rancho Palos Verdes to drill
exploratory borings,mark the boring locations, call Underground Services Alert(USA), and rent
a drill rig to drill the exploratory borings.
Subsurface Exploration
The geotechnical exploration summary is presented in the table below:
Location Length(Feet) Number of Boring/Depth
LAE-1 343 1/20'
LAE-2 1,002 2/20'
PVN-3 4&5 943 2/20'
PVW-7 173 1/20'
The borings will be drilled with a truck-mounted rig equipped with 8-inch diameter hollow-stem
augur for soil sampling.Each boring will be visually logged and sampled at regular depth intervals
and at changes in subsurface soils.The borings will be backfilled with soil cuttings and the surface
patched with cold asphalt concrete.
Laboratory Testing
Laboratory tests will be performed on selected, representative soil samples to determine soil
characteristics and pertinent engineering properties that should be considered in engineering
evaluation. Tests will include soil classification, insitu density and moisture content, sand
equivalent,sieve analysis,R-value,soil corrosivity,laboratory maximum density,and direct shear.
Engineering Analyses and Technical Report
Converse Consultants will prepare a report summarizing the findings and conclusions of the
exploration and provide geotechnical parameters for the design and construction of the proposed
storm drain.Data obtained from the exploratory borings and lab-testing program will be evaluated
to prepare the report. Included in the report will be project and site description, boring logs
summarizing the subsurface conditions, boring locations, depth of groundwater if encountered,
discussion of local and regional geology, faults within close proximity of the projects and its
impacts,seismic design parameters based on 2013 California Building Code(CBC),laboratory test
results, existing pavement sections at boring locations (if encountered), discussion of subsurface
conditions, geotechnical parameters for buried pipe design, excavation characteristics of the
subsurface materials including ease or difficulty of excavation, temporary trench wall stability
evaluation, suitability of excavated materials for use as bedding and backfill, trench backfill
recommendation, geotechnical parameters for shoring design, shoring installation
recommendation, street structural section to place existing, street subgrade preparation
recommendations,aggregate and asphalt concrete placement recommendation.
Task 1.4 Hydrology and Hydraulics Analyses
The Dudek team will verify and update the existing hydrology models and use the updated
hydrology results in hydraulic analysis to develop the project storm drain facilities to eliminate
deficient systems that are part of FY16-17 improvements. Dudek will perform hydrology and
hydraulic analysis for the 10-, 25-, and 100-years storm events per the guidelines and procedures
outlined in the Los Angeles County Hydrology Manual and the Los Angeles County DPW
Drainage Design Manual. Hydrology delineation will be based on the City's LAR-IAC generated
digital terrain data with two-foot contours, supplemented with field topographic survey data for
the project sites. The watershed boundaries will be field verified in combination with the City's
available as-built drawings and street plans. Dudek will perform detailed hydraulics analysis
review the check for impacts to downstream systems and laterals that discharge to the proposed
drainage systems. This process will help identify with accuracy the most critical improvements to
be performed as part of FY16-17,which may be different from those identified in the MPD. Both
the hydrology and hydraulics analysis will be performed utilizing XP-SWMM computer program
that was approved for use by the City in the MPD study.
Proposed storm drain line LAE-7 conveys flows from a natural canyon and sloped areas. The
Dudek team will evaluate the need for sediment yield analysis for the contributing areas, and
provide recommendations to the City. Based on review of the available MPD information and
online historical google aerial imagery,Dudek does not anticipate there will be need to incorporate
sediment basins or bulked flows as part of the proposed storm drain improvements. The Dudek
team in consultation with the City's maintenance staff will perform detailed evaluation to ascertain
this conclusion. Sediment yield if determined to be necessary will be completed in accordance
with the Los Angeles County Sedimentation Manual. Sediment Yield Analysis is included as an
optional fees item in the fee schedule for this proposal.
Task 1.5: 30% Design Report
Dudek will prepare a design report that will identify the proposed drainage improvements. The
report will describe the analysis supporting the design recommendations. The report will also
include 30% conceptual plans for each site with storm drain alignments in plan view, annotated
with proposed lengths, conduit sizes,right-of-way boundaries, and estimated project construction
limits.
The 30%design report will also include results and findings of data review, field verification data
(GPS coordinates and elevations), GIS layers, hydrologic and hydraulic analysis, modeling input
and output files,topographic survey, and geotechnical analysis.
Task 1.6 CEQA Documentation (Categorical Exemption)
Based on the assumption that the proposed project would occur within the footprint of existing
stormwater facilities, it is assumed that the proposed project would not result in any adverse
environmental impacts requiring mitigation.As such,it is Dudek's belief that the proposed project
would likely be eligible to be processed via a Categorical Exemption, as discussed further below.
Dudek understands that the decision of what CEQA document to prepare for the proposed project
is at the discretion of the City in compliance with CEQA and the CEQA Guidelines, and Dudek
will be available throughout the process to discuss all applicable options with the City, as well as
to answer any questions regarding the Categorical Exemption and CEQA processes.
Sections 15260 to 15285 of the CEQA Guidelines provides a list of project types that are exempt
from CEQA granted by legislative action(Statutory Exemptions),while Sections 15300 to 15332
provide a list of classes of projects that have been determined not to have a significant effect on
the environment and that are exempt from the provisions of CEQA. Based on Dudek's
understanding of the proposed project, Dudek believes that one or more of the following
exemptions may apply to the project:
• Section 15269. Emergency Project;
• Section 15301. Existing Facilities;
• Section 15302. Replacement or Reconstruction; and or
• Section 15303.New Construction or Conversion of Small Structure
While Section 15300.2 of the CEQA Guidelines provides several exceptions that would otherwise
preclude the use of a Categorical Exemption, Dudek has reviewed these exceptions and do not
believe that any would apply to the proposed project.Thus,Dudek believes that a statutory and/or
categorical exemption could be processed for the proposed project.
Dudek will also prepare a brief memorandum that will provide sufficient detail as to why the
proposed project qualifies for statutory and/or categorical exemption pursuant to the CEQA
Guidelines. In addition to the memorandum, Dudek will assist the City is preparing a Notice of
Exemption for the project,which the City would file with the County Clerk.
Task 2.1 Final Hydrology and Hydraulics
Prepare final hydraulic analysis for the proposed improvement sites on the recommended storm
drain improvements identified in preliminary design phase and approved by the City. This
engineering analysis will incorporate all City comments on the draft design report and provide
verification of the hydraulic operation for the proposed facilities and become the technical
engineering basis of the fmal design. The fmal engineering analysis will include hydraulic
calculations for the proposed improvement sites with refined fmal storm drain facilities to be
implemented.
Task 2.2 Utility Notification/Coordination
Dudek will perform thorough utility research to establish the expected location of all utilities based
on the latest available records and ground survey. Utility coordination will be conducted with the
City and all affected agencies prior to developing final design. Dudek will initiate utility research
immediately, and maintain a log of all utility requests letters sent and data received. For those
utilities that require a letter directly from the City,Dudek will send an electronic copy of the letter
to the City to include on their letterhead and obtain signature.
Task 2.3 Traffic handling Plans/Construction Staging
Dudek will prepare Stage Construction/Traffic Handling Plans for the proposed storm drain
improvements.
The Stage Construction/Traffic Handling Plans will utilize accepted methods of lane and roadway
closure delineation, signage and barricading. Specific work areas will be protected from traffic
based on the adopted construction phase,type of work and construction equipment required within
the work area. The plans will be designed to maximize lane usage for all traffic movements
including bicycles, maintain pedestrian access routes, minimise impacts to traffic, and provide a
workable area. The plans will be prepared based on the requirements set forth in the 2014
California Manual on Uniform Traffic Control Devices (CAMUTCD), and the City of Rancho
Palos Verdes as appropriate. The plans will be prepared at 1"=40' scale. Dudek will meet with
City staff to discuss proposed construction stage, minimum lane requirements,vehicle/pedestrian
restrictions, driveway restrictions, lane closures, construction work hours,construction work area
required, and potential constraints that may affect the proposed improvements.
Task 2.4 60% Design Report
Dudek will prepare a 60% design submittal, which will include: 1) Detailed design drawings, 2)
preliminary Special Provisions and Notice Inviting Bids (including allowed working days and
recommendations for liquidate damages), 3) identification of materials and access requirements,
and 4) initial engineer's cost estimate including 20% contingency. Specifications will be as
described in Task 2.7,below,and cost estimates will be as described in Task 2.8,below.
Task 2.5 90% Design Report
Dudek will prepare a 90% design submittal, which will include: 1) nearly final detailed
construction drawings with all previous comments addressed, 2) preliminary bid package, 3)
engineer's estimate including 10% contingency. Specifications will be as described in Task 2.7,
below,and cost estimates will be as described in Task 2.8,below.
Task 2.6 100% Plans
Based on the results of the 90%review,Dudek will prepare 100%(final)plans for the construction
of the proposed improvements. The 100% construction drawings will be endorsed(i.e., stamped
and signed) by a Dudek civil engineer. A similar set of plans will be prepared for construction if
the plans are amended during the bidding process. Below is a preliminary estimate of Design
Sheets needed for this project:
• T1 —Title Sheet, (General Notes, Construction Notes,Quantities)
• G1 —General Notes, Index of Sheets,Abbreviations,Benchmark/Basis of Bearings
• SD1-SD6—Storm Drain Plan and Profile, 6 sheets
• SD7—Storm Drain Lateral Profiles, 1 sheet
• Dl-D2—Miscellaneous Details,2 sheets
• TC—Traffic Control Sheets, 3 sheets
• STR1-STR2—Structural/Miscellaneous Details(2 Sheets) -if necessary
These sites will most likely require a Stormwater Pollution Prevention Plan(SWPPP). It has not
been included in this scope of work,as the City may decide to have the contractor prepare it.Dudek
can prepare a SWPPP if requested by the City.
The sheet count is based on the lengths of storm drain identified in the RFP and MPD
recommendations as being part of FY16-17 improvements and the design fees included are also
based on those MPD storm drain lengths. Changes identified in the preliminary design stage that
increase the scope of design work will be submitted to the City as an addendum.
Based on the review of the MPD, Dudek does anticipate that there will be any non-standard
structural details required for this project.If need for structural design becomes eminent,the Dudek
Team member, Rende Consulting will prepare required structural calculations and design. This
proposal includes an optional structural fees item in the fee schedule, which was based on design
of 2 sheets of structural details with supporting calculations.Any additional structural design work
will be discussed with the City and submitted as an addendum to the contract.
Specifications will be as described in Task 2.7, below, and cost estimates will be as described in
Task 2.8,below.
Task 2.7 Specifications
To complement the construction drawings and communicate the level of quality required during
construction, Dudek will prepare the Notice Inviting Bids and Special Provision portion of the
Construction Specifications and Contract Documents suitable for bidding and awarding of the
Contracts for the civil engineering improvements to be constructed.
Preliminary Special Provisions and Notice Inviting Bids will be prepared for the 60% project
submittal.This will be updated in the 90%submittal to a complete set of project specifications/bid
package. A final set of project specifications that incorporates all the 90% comments will be
prepared and submitted with the 100% package. The City will provide standards and examples
that will be used in the preparation of the project specifications.The fee for this work item is based
on the preparation of one master set of project specifications for the proposed improvements and
excludes the development of specifications for multiple construction phases or additional
specifications for bidding purposes. Specifications for the project will conform to the most recent
applicable standards and specification from the City or Standard Specifications for Public Works
Construction.
Task 2.8 Engineering Cost Estimates
Dudek will provide engineering services for the preparation of the construction quantity and
engineer's cost estimate. The quantities will be developed from the final construction plans
prepared for the project improvements. Unit costs will be based upon the most current cost
information for recent similar projects in the area compiled by Dudek and approved by the City.
Construction costs will include an estimate of excavation requirements, street improvements,
traffic control plan implementation, and landscape repairs. Three quantity and cost estimates will
be prepared at(1)60%project submittal,(2)90%project submittal and(2) 100%project submittal.
Task 3 Meeting Attendance and Consultation
Dudek will attend project meetings at kickoff, 30%Review, 60%Review, and 90%Review or as
needed or requested by the City to provide consulting services related to project coordination.The
purpose of these meetings may include a review of the progress of work included in this Contract,
or consultation and discussion needed on project issues. Consultation will be provided with the
City to resolve design related issues and ensure the progress of the project. The meetings and
consultation allows adequate communication with the Client to allow input and feedback during
the design process. This task will also include telephone conferences necessary with the same
parties for the above-mentioned purposes. This task has been budgeted for approximately 30
person-hours. Additional meeting attendance and consulting services will be completed, if
required,on an hourly basis for an additional fee with the approval of the City.
Task 4 Bid/Award Support Services
Dudek will perform Bid analysis and Identify Lowest Responsive Bidder. After bids are opened,
Dudek will perform comparative analysis of the bid items for four lowest bids with engineer's
estimate. This process will involve confirming bid accuracy and submissions of all required bid
documents of apparent low bidder to determine and identify the lowest responsive bidder. Dudek
will also provide on-going support services as required during the bid/award phase for any
questions/clarifications from the contractor and/or any revisions that may be necessary due to
unforeseen conditions.
Task 5 Engineering Support during Construction
Dudek will provide engineering support services during construction of the project that will
include, but not be limited to, verification that the contractor's layout survey adheres to design
documents, response to RFI's, evaluation of value engineering or change orders, and preparation
of record drawings.This task does not include Construction Management and Inspection services.
Dudek will perform such services(if needed) as an addendum to the contract.
Task 6.1 GIS Geo Database Data Collection
Dudek will request the current GIS geodatabase from the City of Rancho Palos Verdes for the
proposed project sites LAE-1, LAE-7,PVN-3, PVN-4,PVN-5, and PVW-2, or as updated during
preliminary design phase, and work with the City's GIS personnel to review the data and discuss
details to identify data structure and unique potential layers' attributes prior to project execution.
Task 6.2 Update GIS Data for 6 Priority Sites
At completion of the proposed improvements, the Dudek team will make the necessary
adjustments and updates to the City of Rancho Palos Verdes GIS data for these sites. The Dudek
team will also gather any updates to as-built plans to verify changes if necessary.
Task 6.3 Atlas Map Update(4)
At the completion of the GIS data update, the Dudek team will update the necessary atlas map
sheets including annotations and text,pipe and related node placement,and symbology within the
atlas sheets where the proposed storm drain improvements are contained.
Task 6.4 Project Review Meeting and Coordination
Plan and attend meeting necessary to insure successful completion of GIS data development and
integration with the City's GIS database, and delivery of accurate Atlas Maps.
Task 6.5 Quality Control and Quality Assurance
The Dudek team will deliver four(4) atlas maps to the City for one round of QA/QC and from the
City comments make the necessary adjustments to the atlas maps.
Task 6.6 Final Atlas Map Delivery(4)
The Dudek team will create and deliver to the City one(1) final set of atlas maps in pdf format.
Task 6.7 Final Data Delivery
Dudek will arrange and deliver the fmal updated GIS geodatabase to the City.
III. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
Task 1.0 Deliverables:
• Agenda for Kickoff Meeting
• Minutes of Kickoff Meeting
Task 1.1 Deliverables
• Copies of field visit notes and meeting notes with city staff, if any
Task 1.2 Deliverables:
• Comprehensive Base Map (One(1)hard copy)
• Survey data in AutoCAD&PDF Formats(One electronic copy)
Task 1.3 Deliverables:
• Geotechnical Report(2 hardcopies and 1 electronic copy)
• Boring logs and laboratory test results (included as 2 separate appendices for each
hardcopy)
Task 1.4 Deliverables:
• Brief Report on Hydrologic and Hydraulic Analyses
Task 1.5 Deliverables:
• 30%Design Report(2 hardcopies and 1 electronic copy)
Task 1.6 Deliverables:
• Categorical Exemption Memorandum(electronic copy)
• Notice of Exemption form(electronic copy)
Task 2.1 Deliverables: None specified
Task 2.2 Deliverables: None specified
Task 2.3 Deliverables:
• Stage Construction/Traffic Handling Plans(3 Sheets estimated)
Task 2.4 Deliverables:
• 60%Design Report(2 hardcopies and 1 electronic copy)
Task 2.5 Deliverables:
• 90%Design Plans(2 hardcopies and 1 electronic copy)
• Preliminary Bid Package(2 hardcopies and 1 electronic copy)
• Final Basis of Design Report(2 copies)
• Structural Design Report if applicable(2 copies)
Task 2.6 Deliverables:
• 100%Design Submittal(PS&E)—1 set of signed plans,2 sets of project specifications,
2 sets project quantities and cost estimates, 1 copy of digital/electronic (AutoCAD or
Pdf Files)PS&E on CD, 1 copy project Bid Package(Word format)and engineer's cost
estimate(Excel format).
• 100% Amended Design Plans — 1 set of signed plans amended during the bidding
process
Task 2.7 Deliverables:
• See Tasks 2.4,2.5, and 2.6
Task 2.8 Deliverables:
• See Tasks 2.4,2.5, and 2.6
Task 3 Deliverables: None specified
Task 4 Deliverables:
• Bid analysis and identification of Lowest Responsive Bidder, including comparative
analysis of the bid items for four lowest bids with engineer's estimate.
Task 5 Deliverables: None specified
Task 6.1 Deliverables:
• Brief Technical Memo describing data and attribute structure to make sure GIS data
developed is compatible with the City's GIS database.
Task 6.2 Deliverables:
• Updated GIS data files for all studied sites, including proposed improvements
Task 6.3 Deliverables: None specified
Task 6.4 Deliverables: None specified
Task 6.5 Deliverables:
• Four(4)hardcopy ESRI Map documents for the 4 Atlas Map sheets for review and
comment.
Task 6.6 Deliverables:
• One(1) final set of 4 Atlas Map Sheets in PDF format
Task 6.7 Deliverables:
• Updated GIS Geodatabase
IV. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
the following status reports:
A. Monthly progress reports
V. All work product is subject to review and acceptance by the City,and must be revised
by the Consultant without additional charge to the City until found satisfactory and
accepted by City.
VI. Consultant will utilize the following personnel to accomplish the Services:
Team Member Name Role on Team
Dudek Team Members
Tim Muli,PE,LEED AP Project Manager
Bob Ohlund,PE Principal in Charge
Tom Ryan,PE Quality Control
Jonis Smith,PE,CFM PS&E Documents Lead
Charles Greely,PE,LEED AP,QSD PS&E Documents
Brittany Bair PS&E Documents/Hydrology&
Hydraulics
Jennifer O'Brien PS&E Documents
Lien Tran PS&E Documents
Collin Ramsey Environmental Lead
Caitlin Munson Environmental Specialist
VII. City approves the following subconsultants to perform services under this
Agreement:
A. Michael Baker International(Hydrology and Hydrolics/GIS)
Michael Baker Team Members
Rebecca McKinney,PE Hydrology&Hydraulics Task Lead
Jim McPherson,GISP GIS Task Lead
Mujahid Chandoo,PE Hydrology&Hydraulics
Daniela Malott Hydrology&Hydraulics
B. Cornerstone Land Surveying(Surveying)—Stephan Lanthier
C. Rende Consulting Group (Structural Engineering)—Greg Rende
D. Converse Consultants (Geotechnical Engineering)—Hashmi Quazi
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
None.
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Consultant shall perform and be remunerated for the tasks identified in Exhibit A as
Tasks 1 through 6(subtasks inclusive) according to the hourly rates listed in Exhibit
C-1 on a time and materials basis for work actually performed. An estimated
subbudget for each Task, based on the Consultant's estimate of the time and
personnel needed to complete each Task,is attached as Exhibit C-2.
II. With the approval of the Contract Officer, funds may be shifted from one task or
subtask to another so long as the Contract Sum is not exceeded per Section 2.1,unless
Additional Services are approved per Section 1.8.
III. Optional Services
City may request the following optional services, and Consultant will make such services
available at the rates included in Exhibit C-1.
A. Sediment Yield Analysis (as described in Task 1.4 and as proposed in Exhibit
C-2 as Task 7.1)
B. Structural Details and Design Calculations (as described in Task 2.6 and as
proposed in Exhibit C-2 as Task 7.2)
III. Clarifications and Exclusions
• Utility relocations are not budgeted in this scope of work
• No Right of Way or Easement Acquisition is included
• SWPPP to be prepared by contractor
• All regulatory permit fees to be paid by City
• City will be responsible for CEQA filing fees associated with the project
• Newspaper CEQA posting fee not included.
• No CEQA scoping meeting included.
• No CDFW filing fee to post Notification of Determination included.
• Potholing for utilities not included at this time (if needed will be included when
final storm drain improvements are determined).
IV. The City will compensate Consultant for the Services performed upon submission of
a valid monthly invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor charges for respective services, including
contractor's markup. A backup invoice from each subcontractor including itemization
of subcontractor's labor, supplies,equipment,materials,and travel properly charged to
the Services shall be included with all invoices reflecting charges for subcontractors.
V. The total compensation for all the Services shall not exceed a maximum of$255,042
as provided in Section 2.1 of this Agreement.
EXHIBIT"C-1"
01203.0006/318392.1
EXHIBIT C-1
DUDEK -2016 STANDARD SCHEDULE OF CHARGES
ENGINEERING SERVICES COMPLIANCE SERVICES
Project Director $265.00/hr Compliance Director $200.00/hr
Principal Engineer III $235.00/hr Compliance Manager $140.00/hr
Principal Engineer II $225.00/hr Compliance Project Coordinator $100.00/hr
Principal Engineer I $215.00/hr Compliance Monitor $90.00/hr
Program Manager $205.00/hr
Senior Project Manager $205.00/hr HYDROGEOLOGICAL SERVICES
Project Manager $195.00/hr Principal $235.00/hr
Senior Engineer III $195.00/hr Sr.Hydrogeologist IV/Engineer IV $215.00/hr
Senior Engineer II $185.00/hr Sr.Hydrogeologist III/Engineer III $200.00/hr
Senior Engineer I $175.00/hr Sr.Hydrogeologist II/Engineer II $180.00/hr
Project Engineer IV/Technician IV $165.00/hr Sr.Hydrogeologist I/Engineer I $165.00/hr
Project Engineer Ill/Technician III $150.00/hr Hydrogeologist VI/Engineer VI $150.00/hr
Project Engineer II/Technician II $135.00/hr Hydrogeologist V/Engineer V $140.00/hr
Project Engineer I/Technician I $120.00/hr Hydrogeologist IV/Engineer IV $130.00/hr
Project Coordinator $95.00/hr Hydrogeologist III/Engineer III $120.00/hr
Engineering Assistant $85.00/hr Hydrogeologist II/Engineer II $110.00/hr
Hydrogeologist I/Engineer I $100.00/hr
ENVIRONMENTAL SERVICES Technician $95.00/hr
Principal $235.00/hr
Senior Project Manager/Specialist II $220.00/hr DISTRICT MANAGEMENT&OPERATIONS
Senior Project Manager/Specialist I $210.00/hr District General Manager $175.00/hr
Environmental Specialist/Planner VI $190.00/hr District Engineer $160.00/hr
Environmental Specialist/Planner V $170.00/hr Operations Manager $150.00/hr
Environmental Specialist/Planner IV $160.00/hr District Secretary/Accountant $85.00/hr
Environmental Specialist/Planner III $150.00/hr Collections System Manager $95.00/hr
Environmental Specialist/Planner II $130.00/hr Grade V Operator $100.00/hr
Environmental Specialist/Planner I $120.00/hr Grade IV Operator $85.00/hr
Analyst III $110.00/hr Grade III Operator $80.00/hr
Analyst II $100.00/hr Grade II Operator $63.00/hr
Analyst I $90.00/hr Grade I Operator $55.00/hr
Planning Assistant II $80.00/hr Operator in Training $40.00/hr
Planning Assistant I $70.00/hr Collection Maintenance Worker II $55.00/hr
Collection Maintenance Worker I $40.00/hr
COASTAL PLANNING/POLICY SERVICES •
Senior Project Manager/Coastal Planner II $215.00/hr OFFICE SERVICES
Senior Project Manager/Coastal Planner I $205.00/hr Technical/Drafting/CADD Services
Environmental Specialist/Coastal Planner VI $195.00/hr 3D Graphic Artist $155.00/hr
Environmental Specialist/Coastal Planner V $175.00/hr Senior Designer $145.00/hr
Environmental Specialist/Coastal Planner IV $165.00/hr Designer $135.00/hr
Environmental Specialist/Coastal Planner III $155.00/hr Assistant Designer $130.00/hr
Environmental Specialist/Coastal Planner II $145.00/hr GIS Specialist IV $150.00/hr
Environmental Specialist/Coastal Planner I $135.00/hr GIS Specialist III $140.00/hr
ARCHAEOLOGICAL SERVICES GIS Specialist II $130.00/hr
GIS Specialist I $120.00/hr
Senior Project Manager/Archaeologist II $210.00/hr CADD Operator III $125.00/hr
Senior Project Manager/Archaeologist I $200.00/hr CADD Operator II $120.00/hr
Environmental Specialist/Archaeologist VI $180.00/hr CADD Operator I $105.00/hr
Environmental Specialist/Archaeologist V $160.00/hr CADD Drafter $95.00/hr
Environmental Specialist/Archaeologist IV $150.00/hr CADD Technician $85.00/hr
Environmental Specialist/Archaeologist III $140.00/hr
Environmental Specialist/Archaeologist II $130.00/hr SUPPORT SERVICES
Environmental Specialist/Archaeologist I $120.00/hr Technical Editor III $140.00/hr
Environmental Specialist/Paleontologist III $160.00/hr Technical Editor II $125.00/hr
Environmental Specialist/Paleontologist II $140.00/hr Technical Editor I $110.00/hr
Environmental Specialist/Paleontologist I $120.00/hr Publications Specialist III $100.00/hr
Paleontological Technician III $80.00/hr Publications Specialist II $90.00/hr
Paleontological Technician II $70.00/hr Publications Specialist I $80.00/hr
Paleontological Technician I $50.00/hr Clerical Administration II $85.00/hr
Archaeologist Technician II $70.00/hr Clerical Administration I $75.00/hr
Archaeologist Technician I $50.00/hr
CONSTRUCTION MANAGEMENT SERVICES Forensic Engineering-Court appearances,depositions,and interrogatories as
Principal/Manager $195.00/hr expert witness will be billed at 2.00 times normal rates.
Senior Construction Manager $180.00/hr Emergency and Holidays-Minimum charge of two hours will be billed at 1.75
Senior Project Manager $160.00/hr times the normal rate.
Material and Outside Services-Subcontractors, rental of special equipment,
Construction Manager $150.00/hr special reproductions and blueprinting, outside data processing and computer
Project Manager $140.00/hr services,etc.,are charged at 1.15 times the direct cost.
Resident Engineer $140.00/hr Travel Expenses - Mileage at current IRS allowable rates. Per diem where
overnight stay is involved is charged at cost
Construction Engineer $135.00/hr Invoices,Late Charges.-All fees will be billed to Client monthly and shall be due
On-site Owner's Representative $130.00/hr and payable upon receipt.Invoices are delinquent if not paid within thirty(30)days
Construction Inspector III $125.00/hr from the date of the invoice. Client agrees to pay a monthly late charge equal to
Construction ion If1S Inspector
II $115.00/hr one percent(1%)per month of the outstanding balance until paid in full.
Pe Annual Increases-Unless identified otherwise,these standard rates will increase
Construction Inspector I $105.00/hr 3%annually.
Prevailing Wage Inspector $135.00/hr
DUDEK Effective January 1,2016
EXHIBIT"C-2"
01203.0006/318392.1
EXHIBIT`C-2"
SCHEDULE OF COMPENSATION
Rende
ConsultingStru
Cornerstone ctures Converse Dudek MBI
DUDEK MBI Land Surveying Geotechnical Reimbursables Reimbursables
Task Task Descri.tion Fees Fees Fees Fees Fees TOTAL FEE
Task 1
Kick-Off Meeting $ 1,510 $ - $ 1,510
1.1 Site and Data Review $ 3,815 $ - $ 400 $ 4,215
1.2 Ground Survey S 1,645 $ - $39,575 $ 41,220
1.3 Geotechnical Investigations $ - $ - $17,000 S 17,000
1.4.1 Hydrology&Hydraulics Analyses(XPSWMM) $ 1,820 $ 15,792 5 17,612
1.5 30%Design Report $ 8,865 S - 5 2,000 S 10,865
1.6 CEQA Documentation(Categorical Exemption) $ 9,315 5 - $ 368 5 9,683
Subtotal Task 1 $ 26,970 $ 15,792 $ 39,575 $ - 5 17,000 $ 2,768 5 - 5 102,105
Task 2
2.1 Final Hydrology and Hydraulics $ 1,480 $ 4,316 $ 500 $ 6,296
2.2 Utility Notification/Coordination $ 4,250 $ - $ 4,250
2.3 Traffic Handling and Construction Staging $ 7,390 $ - $ 350 $ 7,740
2.4 60%Plans(Plans,Prelim Specs,Prelim Costs) $ 31,140 $ - $ 350 $ 31,490
2.5 90%Plans(Plans,Specs,Estimate,Draft Report) $ 37,460 $ - S 500 $ 37,960
2.6 100%Plans(Plans,Specs,Estimate,Report) $ 16,680 $ - $ 1,000 $ 17,680
2.7 ' Specifications' $ 7,720 $ - 5 700 $ 8,420
2.8 Engineering Cost Estimates3 $ 6,020 $ - $ 6,020
Subtotal Task 2 $ 112,140 S 4,316 S - S - S - S 2,900 S 500 $ 119,856
•
Task 3
3.1 Progress Meetings Attendance and Consultation S 7,470 $ 1,360 $ 600 $ 9,430
Subtotal Task 3 $ 7,470 $ 1,360 5 - 5 - $ - $ 600 S - S 9,430
Task 4
Bid/Award Support Services $ 7,970 $ - 5 350 S 8,320
Subtotal Task 4 $ 7,970 $ - $ - $ - $ - $ 350 $ - S 8,320
Task 5
5,1 Engineering Support During Construction $ 9,360 $ - $ 500 S 9,860
Subtotal Task 5 $ 9,360 $ - $ - S - s - s 500 5 - 5 9,860
Task 6 Geographical Information System Update
6.1 GIS Geodatabase Data Collection $ 195 5 525 S 720
6.2 Update GIS Data for 6 priority sites $ - S 1,002 S 1,002
6.3 Atlas Map Update(4) $ - S 862 S 862
6.4 Project Review Meetings and Coordination $ 390 $ 140 S 530
6.5 Quality Control and Quality Assurance $ 210 $ 474 $ 684
6.6 Final Atlas Map Delivery(4) $ - $ 528 $ 528
6.7 Final Data Delivery $ 620 5 525 S 1,145
Subtotal 6 5 1,415 S 4,056 $ - $ - $ - S 5,471
Total Non-Optional Hours and Fee $ 165,325 $ 25,524 $ 39,575 $ - $ 17,000 $ 7,118 $ 500 $ 255,042
Optional Services I I I I I I I I
7.1 Sediment Yield Analysis $ 195 $ 3,176 S 3.371
Subtotal 7.1 $ 195 $ 3,176 S 3.371
7.2 Structural Details&Design Calculations $ 6,000 S 6.000
Subtotal 7.2 $ 6,000 S 6,000
I Total Optional Hours and Feel $ 195 I $ 3,176 I $ - I $ 6,000 I $ - I $ - I $ - I $ 9,371
'Notes: Fees for CEQA are comprehensive.Some tasks can be performed by City if desired.
2 Specification Fee for 60,90-and 100-percent
3 Engineering Cost Estimates Fee for 60-,90-,and 100-
MBI-Michael Baker International
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the schedule shown
on Exhibit D-1 and subject to the written approval of the Contract Officer.
H. Consultant shall deliver the tangible work products listed in Exhibit A,Section III,to
the City by the dates indicated in the project schedule for the Task corresponding
with the work product.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
01203.0006/318392.1
EXHIBIT D-1
Project Schedule
f ask Name Duration Start f Hush nr(L In:k••1 NI vJrntn /pi M•i.a niary 1 rrnrnary Ma,'r 1 Aire 1 May 1 .alu•1
9i%`10/YIO/1_11,'611/1111;4IJ,tlf 1/1 1r1S11;191/1I1/Jb?/11S/164/5a/.,?5j(5111Sb/4 F
1.0 Kick Off Mtg 1 day Mon 10/3/16 Mon 10/3/16
L1 Site&Data Review 5 days Thu 10/6/16 Wed 10/12/1G
1.2 Ground Survey 4 wks Thu 10/20/16 Wed 11/16/16 e.
1.3 Geotechnical Investigations 20 days Mon 11/28/16 Fri 12/23/16 I 1
1.4 Hydrology&Hydraulics Analyses 10 days Mon 11/28/16 Fri 12/9/16
1.5 30%Design Report 5 days Tue 12/13/16 Mon 12/19/16 L•,i f
1.6 CEQA 20 wks Tue 12/6/16 Mon 4/24/17 •► 0
2.1 Final Hydrology/Hydraulics 10 days Tue 12/27/16 Mon 1/9/17 1'
2.2 Utility Notification&Coord 10 days Tue 12/27/16 Mon 1/9/17 T
2.3 Traffic Control/Construction Staging 10 days Tue 12/27/16 Mon 1/9/17 46111
2.4 60%Plans 20 days Tue 12/27/16 Mon 1/23/17 V
2.5 90%Plans 25 days Tue 2/7/17 Mon 3/13/17 lirr,>• -
2.6 100%Plans 15 days Tue 3/28/17 Mon 4/17/17 � +
2.7 Specifications 50 days Tue 2/7/17 Mon 4/17/17
2.8 Engineering Cost Estimates 50 days Tue 2/7/17 Mon 4/17/17 NIXIIIIIIIIIIIMPIIIIIIMMIII
3.1 Progress Meetings/Coordination 24 wks Fri 10/14/16 Mon 4/3/17
4.1 Bid/Award Support Services 14 days Wed 4/26/17 Mon 5/15/17 V
5.1 Construction Support 0 wks Mon 5/22/17 Mon 5/22/17 lj 4/22
6 GIS Update 5 days Tue 5/16/17 Mon 5/22/17 L
01203.0006/318392.1