CC SR 20160920 H - Storm Drain Deficiency Improvement Program Agmt DudekRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 09/20/2016
AGENDA HEADING: Consent Calendar
Consideration and possible action to award a professional services agreement for civil
engineering services for the Storm Drain Deficiency Improvement Program, Year 1.
RECOMMENDED COUNCIL ACTION:
(1) Award a professional services contract to Dudek for civil engineering services for
Year 1 projects identified in the Storm Drain Deficiency Improvement Program, in
an amount not to exceed $255,042; and,
(2) Authorize the Mayor and City Clerk to execute a professional services agreement
with Dudek, pending final approval as to form by the City Attorney.
FISCAL IMPACT: Funding for this phase of the project is included in the FY16-17
budget
Amount Budgeted: $1,769,000 k=
Additional Appropriation: none
Account Number(s): 501-3052-431-73-00
ORIGINATED BY: Andy Winje, PE, Senior Engineer
REVIEWED BY: Michael Throne, PE, Director of Public Works
APPROVED BY: Doug Willmore, City Manager:�"" "
ATTACHED SUPPORTING DOCUMENTS:
A. Proposed PSA for Dudek (page A-1)
BACKGROUND AND DISCUSSION:
On November 17, 2015, City Council received the Master Plan of Drainage (MPD)
update prepared to identify capacity and condition deficiencies in the City's storm drain
system. The MPD is a City-wide, high-level evaluation of the City drainage system
meant to identify areas potentially at risk for flooding due to deficient capacity (based on
County standards for storm assumptions) or due to physical failure of the pipe due to
structural weaknesses. As part of the MPD, the authors prioritized areas of concern
over a 10 -year program for repairs or corrections and developed a proposed schedule
and budget for that period.
Projects identified in the first year of the MPD's improvement program were included in
the FY16-17 Capital Improvement Program (CIP) under the description of Storm Drain
Deficiency Improvement Program (SDDIP), which was adopted into the budget for this
1
fiscal year in the amount of $1,769,000, the amount recommended by the MPD
program. The locations identified for engineering analysis and design are identified in
Table 13-3 of the MPD document. An excerpt from that table is reproduced below and
shows the Year 1 list of locations.
Table 13-3: CIP Schedule Priority 1 Projects
Drainage
Area
System
Upstream Downstream
Structure ID Structure ID
Atlas
Map
Street
Priority
Project Cost
Year
Schedule
LAE
7
MH1914 JS45732
33C.
Western
Avenue
1
$163,000.00
JS45732 JS45733
JS45733 MH2941
LAE
1
CB1908 MH3210
33C.
Santa Rena
Drive western
Drive
1
$181,000.00
MH3210 GB3211
GB3211 JS3212
PVN
3
CB1591 MH1592
2D
Montemalaga
Drive
ironwood
Street
1
$681,000.00
4
GB48129 J52089
4B
2*
JS2089 CB1588
C131.588 C.B1589
20
1
C:B1589 MH1590
MH1590 MH1592
MH1592 JS1511
5
TS3560 OS1596
2D
Ironwood
Street
1
PVW
2
TS2931 M H1582
4C
Granvia
Altamira at
Monero Drive
1
$744,000.00
MH1582 MH1583
MH1583 MH2907
MH2907 GB3037
TOTAL
$1,769,000.00
1
Because these projects were identified using a high-level process, confirmation of the
analysis and further design work is required to prepare construction documents so that
the projects can be bid for construction. To that end, Staff distributed a Request for
Proposal (RFP) to known qualified firms on August 1, 2016, and also posted it on the
City's bidding opportunities webpage.
The City received two proposals for the work by the closing date of August 22, 2016,
both from known firms with a successful track record with the City. After review of all
proposals and fee negotiation with the Staff's first choice for service provider, Staff
recommends awarding a professional services agreement to Dudek to perform the final
design work for the project.
The scope of the design consultant's work will be to perform engineering analysis to
confirm that projects are indeed necessary at each of the four locations identified in
Year 1 of the MPD program. If confirmed, the consultant will provide plans,
specifications and an engineer's cost estimate for the construction of the project. The
investigation will include surveying, geotechnical investigation, hydraulic analysis,
pipeline design, and preparation of the construction documents. Optional services
offered, but not included in the contract scope at this time, include sediment yield
2
analysis and structural details for additional structures if needed. The consultant's
proposal indicates that plans can be ready for advertisement for bidding by April 2017.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council's consideration:
1. Direct Staff to reissue the RFP to additional consulting firms.
2. Take other action related to this item.
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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
01203.0006/306837.1 -1- 1
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"). 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
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professional standards" shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
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.
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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
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
01203.0006/306837.1 -4-
A-4
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.
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.
01203.0006/306837.1 -5- 5
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
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 final 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, RE, 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
01203.0006/306837.1 -6-
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
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.
01203.0006/306837.1 -7-
7
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
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
e uivalent). 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.
01203.0006/306837.1 -8- '
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.
(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
01203.0006/306837.1 -9-
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.
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
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01203.0006/306837.1
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.
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 financial 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.
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01203.0006/306837.1
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
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
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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,
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
01203.0006/306837.1 -13- A-13
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.
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
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01203.0006/306837.1
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.
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,
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01203.0006/306837.1
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.
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.
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01203.0006/306837.1
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
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
9.7 Corporate AuthoritX.
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
01203.0006/306837.1
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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]
01203.0006/306837.1 - 18 - A-18
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first -above written.
ATTEST:
, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
CONSULTANT:
By:
Name:
Title:
By:
Name:
Title:
, Mayor
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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01203.0006/306837.1
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
before me,
Date Here Insert Name and Title of Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/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
correct.
WITNESS my hand and official seal.
Signature of Notary Public
Place Notary Seal Above
01203.0006/306837.1
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EXHIBIT "A"
SCOPE OF SERVICES
I. Brief description of the work to be performed:
Dudek will perform professional design civil engineering services needed to implement the
analysis and improvements identified in the City's Storm Drain Deficiency Improvement Program
for Year 1, including preparation of bid ready construction documents for all structural
improvements confirmed by the analysis, support during the bidding and construction of such
improvements and development of accurate record drawings and GIS data layers for use by the
City.
H. 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 team member, Michael Baker International, prepared the City's MPD providing all the
recommendations of the subject RFP. The team made many field visits and acquired a lot of
knowledge of the storm drain facilities within the City and the overall field conditions. Additional
focused and detailed research will be performed on the deficient 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 project 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 try to identify the source of sediment for those systems that City
maintenance staff indicates as having sediment/debris issues at proposed FYI 6-17 improvement
locations. This will be especially critical for systems conveying runoff from natural canyons and
slope areas. From the information obtained during site and data view, Dudek will review and
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compile information for project base sheets and identify locations of potential conflicts or
constraints, which may affect the design of 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, 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 a state plane coordinates,
and 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 or each of the three (3) sites for Aerial Mapping.
• Provide aerial mapping at a scale of 1"=40' with 1' contours for four (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 7•
• 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. Opening and dipping existing storm drain catch
basins and manholes within the project limits and providing depths.
• Prepare a final 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 commended
portions of storm drains facilities per MPD and as referenced in the RFP (grouped into 3 survey
sites), which are part of FY16-17 improvements. Additional survey work, if determined to be
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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.
Proiect Set -Un
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.
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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 FYI 6-17, 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 commendations 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. We have included Sediment Yield Analysis
Task as an optional fees item in the fee schedule for this proposal.
Task 1.5: 30% Design Report
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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, 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 an 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.
We understand 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 our understanding
of the proposed project, we believe that one of 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, we have reviewed these exceptions and do not believe
that any would apply to the proposed project. Thus, we believe 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
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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 final design. The final engineering analysis will include hydraulic
calculations for the proposed improvement sites with refined final 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, minimize 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 I"=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 60% design submittal will include: 1) Detailed design drawings, 2) preliminary
Special Provisions and Notice Inviting Bidders (Including allowed working days and
recommendations for liquidate damages) 3) identification of materials and access requirements,
and 4) initial engineer's estimate including 20% contingency
Task 2.5 90% Design Report
Dudek will prepare 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.
A-26
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:
• T 1 — 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
• D1 -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 was 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 is 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, we do 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.
Task 2.7 Specifications
To complement the construction drawings and communicate the level of quality required during
construction, Dudek will prepare the 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.
A-27
Preliminary Special Provisions and Notice Inviting Bidders 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 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 which will
include and not limited to verification of the contractor's layout survey to design documents,
response to RFI's, evaluation of value engineering or change orders, 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.
Clarifications:
• Utility relocations are not budgeted in this scope of work
• No R/W or Easement Acquisition
• SWPPP to be prepared by contractor
• All 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).
Task 6 Update GIS data and Atlas Maps
The Dudek team will provide GIS services for the update of the GIS data and Atlas Maps 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. Dudek will request current GIS geodatabase from the City of Rancho
Palos Verdes 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. At
completion of the proposed improvements, the Dudek team will make the necessary adjustments
and updates into 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. 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 that the proposed
storm drain improvements are contained. The Dudek team will deliver four atlas maps to the City
for one round of QA/QC and from the City comments make the necessary adjustments to the atlas
maps. The Dudek team will create one final set of atlas map in pdf format for delivery to the City,
and will also arrange and deliver the final 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:
A-29
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 Autocadd & 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)
A-30
• Structural Design Report if applicable (2 copies)
Task 2.6 Deliverables: None specified
Task 2.7 Deliverables:
• 100% Design Submittal (PS&E) — 1 set of signed plans, 2sets 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 2.8 Deliverables:
• Three quantity and cost estimates will be prepared at (1) 60% project submittal, (2)
90% project submittal and (2) 100% project submittal.
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 Deliverables:
• 4 Atlas Map Sheets in PDF format
• Updated GIS Geodatabase
• ESRI Map documents for the 4 Atlas Map sheets
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 personnel identified in Table A.1 to accomplish the
Services:
A-31
Table A.1
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
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
A-32
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
None
A-33
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks according to the attached Exhibit C-1
and summarized below. Hourly rates for consultant's employees shall be paid as
shown in Exhibit C-2.
Compensation Summary
TASK
SUB -BUDGET
Task 1
$ 102,105
Task 2
$ 119,856
Task 3
$ 9,430
Task 4
$ 8,320
Task 5
$ 9,860
Task 6
$ 5,471
Total
$ 255,042
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. 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 labor, supplies, equipment, materials, and
travel properly charged to the Services.
IV. The total compensation for all the Services shall not exceed a maximum of $255,042
as provided in Section 2.1 of this Agreement.
A-34
EXHIBIT "C-1°
SCHEDULE OF COMPENSATION
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3 Specification Fee for 60-, 90- and 100 -percent
a Engineering Cost Estimates Fee for 60-, 90-, and 100 -
MBI - Michael Baker International
A-35
EXHIBIT C-2
DUDEK - 2016 STANDARD SCHEDULE OF CHARGES
ENGINEERING SERVICES
$235.00/hr
Project Director.....................................................................
$265.00/hr
Principal Engineer III.............................................................
$235.00/hr
Principal Engineer II.............................................................
$225.00/hr
Principal Engineer I..............................................................
$215.00/hr
Program Manager................................................................
$205.00/hr
Senior Project Manager........................................................
$205.00/hr
Project Manager...................................................................
$195.00/hr
Senior Engineer III................................................................
$195.00/hr
Senior Engineer II................................................................
$185.00/hr
Senior Engineer I.................................................................
$175.00/hr
Project Engineer IV/Technician IV ........................................
$165.00/hr
Project Engineer III/Technician III .........................................
$150.00/hr
Project Engineer II/Technician II ...........................................
$135.00/hr
Project Engineer I/Technician I .............................................
$120.00/hr
Project Coordinator.................................................................
$95.00/hr
Engineering Assistant.............................................................
$85.00/hr
ENVIRONMENTAL SERVICES
Principal...............................................................................
$235.00/hr
Senior Project Manager/Specialist II .....................................
$220.00/hr
Senior Project Manager/Specialist I ......................................
$210.00/hr
Environmental Specialist/Planner VI .....................................
$190.00/hr
Environmental Specialist/Planner V ......................................
$170.00/hr
Environmental Specialist/Planner IV .....................................
$160.00/hr
Environmental Specialist/Planner III .....................................
$150.00/hr
Environmental Specialist/Planner II ......................................
$130.00/hr
Environmental Specialist/Planner I .......................................
$120.00/hr
Analyst III.............................................................................
$110.00/hr
Analyst II..............................................................................
$100.00/hr
AnalystI.................................................................................
$90.00/hr
Planning Assistant II...............................................................
$80.00/hr
Planning Assistant I................................................................
$70.00/hr
COASTAL PLANNING/POLICY SERVICES
Senior Project Manager/Coastal Planner II ...........................
$215.00/hr
Senior Project Manager/Coastal Planner I ............................
$205.00/hr
Environmental Special ist/CoastaI Planner VI ........................
$195.00/hr
Environmental Specialist/Coastal Planner V .........................
$175.00/hr
Environmental Specialist/Coastal Planner IV ........................
$165.00/hr
Environmental Specialist/Coastal Planner III ........................
$155.00/hr
Environmental Specialist/Coastal Planner II .........................
$145.00/hr
Environmental Specialist/Coastal Planner I ..........................
$135.00/hr
ARCHAEOLOGICAL SERVICES
Senior Project Manager/Archaeologist II ...............................
$210.00/hr
Senior Project Manager/Archaeologist I ................................
$200.00/hr
Environmental Special ist/Archaeologist VI ............................
$180.00/hr
Environmental Specialist/Archaeologist V .............................
$160.00/hr
Environmental Specialist/Archaeologist IV............................$150.00/hr
$140.00/hr
Environmental Specialist/Archaeologist III ............................$140.00/hr
$150.00/hr
Environmental Special ist/Archaeologist II .............................
$130.00/hr
Environmental Specialist/Archaeologist I ..............................$120.00/hr
$130.00/hr
Environmental Specialist/Paleontologist III ...........................
$160.00/hr
Environmental Specialist/Paleontologist II ............................
$140.00/hr
Environmental Specialist/Paleontologist I .............................
$120.00/hr
Paleontological Technician III .................................................
$80.00/hr
Paleontological Technician II ..................................................
$70.00/hr
Paleontological Technician I ...................................................
$50.00/hr
Archaeologist Technician II .....................................................
$70.00/hr
Archaeologist Technician I ......................................................
$50.00/hr
CONSTRUCTION MANAGEMENT SERVICES
Principal/Manager................................................................
$195.00/hr
Senior Construction Manager ..............................................
$180.00/hr
Senior Project Manager........................................................
$160.00/hr
Construction Manager..........................................................$150.00/hr
$180.00/hr
Project Manager...................................................................
$140.00/hr
Resident Engineer...............................................................$140.00/hr
$150.00/hr
Construction Engineer..........................................................$135.00/hr
$140.00/hr
On-site Owner's Representative ...........................................$130.00/hr
$130.00/hr
Construction Inspector III ......................................................
$125.00/hr
Construction Inspector II .......................................................
$115.00/hr
Construction Inspector I ........................................................
$105.00/hr
Prevailing Wage Inspector ....................................................
$135.00/hr
COMPLIANCE SERVICES
Compliance Director............................................................ $200.00/hr
Compliance Manager........................................................... $140.00/hr
Compliance Project Coordinator ........................................... $100.00/hr
Compliance Monitor............................................................... $90.00/hr
HYDROGEOLOGICAL SERVICES
Principal...............................................................................
$235.00/hr
Sr. Hydrogeologist IV/Engineer IV .......................................
$215.00/hr
Sr. Hydrogeologist III/Engineer III .........................................
$200.00/hr
Sr. Hydrogeologist II/Engineer II ...........................................
$180.00/hr
Sr. Hydrogeologist I/Engineer I .............................................
$165.00/hr
Hydrogeologist VI/Engineer VI ............................................
$150.00/hr
Hydrogeologist V/Engineer V ...............................................
$140.00/hr
Hydrogeologist IV/Engineer IV .............................................
$130.00/hr
Hydrogeologist III/Engineer III ..............................................
$120.00/hr
Hydrogeologist II/Engineer II ................................................
$110.00/hr
Hydrogeologist I/Engineer I ..................................................
$100.00/hr
Technician.............................................................................
$95.00/hr
DISTRICT MANAGEMENT & OPERATIONS
District General Manager ..................................................... $175.00/hr
District Engineer...................................................................
$160.00/hr
Operations Manager...........................................................
$150.00/hr
District Secretary/Accountant................................................
$85.00/hr
Collections System Manager ..................................................
$95.00/hr
Grade V Operator................................................................
$100.00/hr
Grade IV Operator..................................................................
$85.00/hr
Grade III Operator..................................................................
$80.00/hr
Grade II Operator...................................................................
$63.00/hr
Grade I Operator....................................................................
$55.00/hr
Operator in Training...............................................................
$40.00/hr
Collection Maintenance Worker II ...........................................
$55.00/hr
Collection Maintenance Worker I ............................................
$40.00/hr
OFFICE SERVICES
Technical/Drafting/CADD Services
3D Graphic Artist..................................................................
$155.00/hr
Senior Designer...................................................................
$145.00/hr
Designer..............................................................................
$135.00/hr
Assistant Designer...............................................................
$130.00/hr
GIS Specialist IV..................................................................
$150.00/hr
GIS Specialist III..................................................................
$140.00/hr
GIS Specialist II...................................................................
$130.00/hr
GIS Specialist I....................................................................
$120.00/hr
CADD Operator III................................................................
$125.00/hr
CADD Operator II.................................................................
$120.00/hr
CADD Operator I..................................................................
$105.00/hr
CADD Drafter.........................................................................
$95.00/hr
CADD Technician..................................................................
$85.00/hr
SUPPORT SERVICES
Technical Editor III................................................................
$140.00/hr
Technical Editor II.................................................................
$125.00/hr
Technical Editor I.................................................................
$110.00/hr
Publications Specialist III ......................................................
$100.00/hr
Publications Specialist II .........................................................
$90.00/hr
Publications Specialist I ..........................................................
$80.00/hr
Clerical Administration II .........................................................
$85.00/hr
Clerical Administration I ..........................................................
$75.00/hr
Forensic Engineering - Court appearances, depositions, and interrogatories as
expert witness will be billed at 2.00 times normal rates.
Emergency and Holidays - Minimum charge of two hours will be billed at 1.75
times the normal rate.
Material and Outside Services - Subcontractors, rental of special equipment,
special reproductions and blueprinting, outside data processing and computer
services, etc., are charged at 1.15 times the direct cost.
Travel Expenses - Mileage at current IRS allowable rates. Per diem where
overnight stay is involved is charged at cost
Invoices,Late Charges. - All fees will be billed to Client monthly and shall be due
and payable upon receipt. Invoices are delinquent if not paid within thirty (30) days
from the date of the invoice. Client agrees to pay a monthly late charge equal to
one percent (1%) per month of the outstanding balance until paid in full.
Annual Increases - Unless identified otherwise, these standard rates will increase
3% annually.
D U D E K Effective AwW, 2016
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 following tangible work products to the City by the dates
indicated in the project schedule.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
A-37
EXHIBIT D -I
Project Schedule
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