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Dudek, Inc. - 2013-08-05
I, Dept. ID PW 13-045 Page 1 of 3 Meeting Date: 8/5/2013 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/5/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve Professional Services Contracts between the City of Huntington Beach and Transystems, Inc., CivilSource, Inc., Dudek, Inc., AKM Consulting Engineers, Inc., Harris and Associates, Inc., and Psomas, Inc. for as -needed construction management and administrative support services Statement of Issue: On June 18, 2013, proposals were received for as -needed construction management and administrative support services. Public Works Department requires construction management services on an as -needed basis to assist the department in the delivery of the Capital Improvement Program (CIP). Financial Impact: w t�yL�P Funds are available within budgeted capital improvement projects. SEE" St FO/L E79,tV Cab N.,-J A4Ci Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and TranSystems, Inc. for As -Needed Construction Management and Administrative Support Services" for an amount not to exceed $1 million for a three year term; and B) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and CivilSource, Incorporated for As -Needed Construction Management and Administrative Support Services" for an amount not to exceed $1 million, for a three year term; and C) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and Dudek, Inc. for As -Needed Construction Management and Administrative Support Services" for an amount not to exceed $1 million for a three year term; and D) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and AKM Consulting Engineers, Inc. for As -Needed Construction Management and Administrative Support Services" for an amount not to exceed $1 million for a three year term; and E) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract HB -1 77- Item 12. - 1 Dept. ID PW 13-045 Page 2 of 3 Meeting Date: 8/5/2013 Between the City of Huntington Beach and Harris & Associates, Inc. for As -Needed Construction Management and Administrative Support Services" for an amount not to exceed $1 million for a three year term; and, F) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and Psomas, Inc. for As -Needed Construction Management and Administrative Support Services" for an amount not to exceed $1 million for a three year term. Alternative Action(s): Approve selected, or none of the agreements and direct staff to request proposals from other construction management firms or direct City staff to perform this work. Due to limited availability, using City staff could jeopardize the completion of CIP projects. Analysis: The City's current as -needed agreements with firms to provide construction management and administrative support services have expired. Construction management is a specialized function in completing capital projects, and as -needed services provide the most flexibility for delivering the CIP. The proposed new agreements each allow for a three-year contract term with the option for two one-year extensions with a total budget not to exceed $1 million per firm. The Capital Improvement Program each year is approximately 30 million a year, for a total of 90 million over the tem of these agreements. This equates to 3% to 6% of the total amount for the 3 year projected CIP. In compliance with Chapter 3.03 of the Municipal Code, proposals were requested from interested firms. Proposals were rated by experience and ability to provide services on an as -needed basis. Six qualified firms were selected out of the 20 proposals that were reviewed. It is .6 the City's' benefit to retain qualified firms for capital project construction management. Project assignments are 'rotated among the consultants, taking advantage of their various specializations. The alternative to as -needed construction management agreements is the preparation of request for proposals and requesting proposals for individual projects. With over 50 budgeted projects to complete over the next two years, the as needed process provides significant savings in staff hours. Public Works Commission: Not Required Environmental Status: Not applicable Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Professional Services Contract Between the City of Huntington Beach and TranSystems, Inc for As -Needed Construction Management and Administrative Support Services 2. Professional Services Contract Between the City of Huntington Beach and CivilSource, Incorporated for As -Needed Construction Management and Administrative Support Services 3. Professional Services Contract Between the City of Huntington Beach and Dudek, nc. or As -Needed Construction Management and Administrative Support Services Item 12. - 2 xB -1 7 s- Dept. ID PW 13-045 Page 3 of 3 Meeting Date: 8/5/2013 4. Professional Services Contract Between the City of Huntington Beach and AKM Consulting Engineers, Inc. for As -Needed Construction Management and Administrative Support Services 5. Professional Services Contract Between the City of Huntington Beach and Harris & Associates, Inc. for As -Needed Construction Management and Administrative Support Services 6. Professional Services Contract Between the City of Huntington Beach and Psomas, Inc. for As -Needed Construction Management and Administrative Support Services HB -179- Item 12. - 3 I ATTACHMENT #3 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DUDEK, INC. FOR AS -NEEDED CONSTRUCTION MANAGEMENT AND ADMINISTRATIVE SUPPORT SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and DUDEK, INC., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to As -Needed Construction Management and Administrative Support Services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates George Litzinger who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/ surfnet/professional svcs mayor 1 of 11 10/12 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence onA-46USr QS", 201 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 3 Years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Million Dollars ($1,000,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agree/ surfnet/professional svcs mayor 2 of 11 10/12 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars agree/ surfnet/professional Svcs mayor 3 of 11 10/12 ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: agree/ surfnet/professional svcs mayor 4 of 11 l0/12 A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall agree/ surfner/professional svcs mayor 5 of 11 10/12 be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or agree/ surfnebprofessional svcs mayor 6 of 11 10/12 other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Eric R. Charlonnne 2000 Main Street Huntington Beach, CA 92648 17. CONSENT When CITY's consent/approval TO CONSULTANT: Dudek, Inc. Attn: Dave Carter, CFO 605 Third Street Encinitas, CA 92024 is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining agree/ surfnet/professional sves mayor 7 of 11 10/12 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/ surfnedprofessional sves mayor 8 of 11 10/12 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this agree/ surfnet/professional svcs mayor 9 of 11 10/12 Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. agree/ surfnet/professional Svcs mayor 10 of 11 10/12 CONSULTANT, OWE '1 —1 1� By��.� . � -hInns ITS: (circle one) SeestaefaKFinancial Officer/Asst. Secretary - Treasurer Dudek CITY OF HUNTINGTON BEACH, a municjpal corporation of the State of INITIATED �OVED: �DDir"e� of P lic Works APPROVED: Manager APPROVED AS TO FORM: L C Attorney agree/ surfnet/professional svcs mayor 11 of 11 10/l2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DUDEK, INCORPORATED FOR AS -NEEDED CONSTRUCTION MANAGEMENT AND ADMINISTRATIVE SUPPORT SERVICES Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance............................................................................................... 2 3 Term; Time of Performance....................................................................................2 4 Compensation.......................................................................................................... 2 5 Extra Work..............................................................................................................2 6 Method of Payment................................................................................................. 3 7 Disposition of Plans, Estimates and Other Documents ........................................... 3 8 Hold Harmless......................................................................................................... 3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance........................................................................................... 5 11 Independent Contractor........................................................................................... 6 12 Termination of Agreement...................................................................................... 6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices......................................................................................... 17 Consent.................................................................................................................... 8 18 Modification............................................................................................................ 8 19 Section Headings.....................................................................................................8 20 Interpretation of this Agreement.............................................................................. 8 21 Duplicate Original...................................................................................................9 22 Immigration..............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees.........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories................................................................................................................10 28 Entirety.....................................................................................................................10 29 Effective Date.................................................................................11 A. STATEMENT OF WORK: CONSULTANT shall provide construction management and administrative support services for various City capital improvement construction projects such as sewer lift stations, roadway rehabilitation, new park developments and waterline projects on an "as -needed" basis. Due to the fact that some of the City projects will be funded by Federal or State grants, CONSULTANT must comply with requirements of Caltrans' Local Program Manual and the City of Huntington Beach Quality Assurance Plan for Federal and State Funded Projects and all applicable prevailing wage laws. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT's duties and responsibilities shall follow provisions specified in the City of Huntington Beach As -Needed Construction Management and Administrative Support Typical Scope of Work (Exhibit A.1). Detailed services shall include but is not limited to the following scope of work shown in Exhibit A.2. C. CITY'S DUTIESANDRESPONSIBILITIES: 1. Furnish a scope of work request for each project assigned. 2. Furnish construction plans and specifications to the consultant. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly payments toward the fees set forth herein in accordance with the following payment schedules. CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: See Exhibit B.1 — Proposed Hourly Fee Schedule Total fees shall not exceed One Million dollars ($1,000,000.00). CONSULTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit unless first authorized in writing by City authorized representative(s). The hourly rates for years four and five shall increase based on the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles, Riverside or Orange County areas or 5%, whichever is lower. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirement for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: a. Reference this Agreement; b. Describe the services performed; c. Show the total amount of the payment due; d. Include a certification by a principal member CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and e. For all payments include an estimate of the percentage of work completed. Upon submissions of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance by CONSULTANT is, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Effective: For the duration of this contract. PROGRAM/CONSTRUCTION MANAGEMENT Principal/Project Director Principal/Alternate Project Manager Principal Engineer Senior Project Manager, Area/Senior Construction Manager Construction Manager/Resident Engineer Certified Construction Manager Project Engineer Scheduling/Cost Engineer Senior Planner/Permit Specialist CADD Operator/Drafter LEED Certified Inspector CPII Certified Inspector Contract Administrator PUBLIC WORKS SERVICES GROUPS Technical Support Administration REIMBURSABLE EXPENSES Reproduction Consultant Services Automobile Transportation pelivery, Freight, Courier Agency Fees Commercial Travel Attachment D HOURLY RATE $195.00 $160.00 $195.00 $180.00 $150.00 $150.00 $140.00 $145.00 $180.00 $115.00 $135.00 $135.00 HOURLY RATE $105.00 $85.00 COST 1.15 times direct cost 1.15 times actual invoice of subconsuitant Mileage at current IRS rates 1.15 times direct cost 1.15 times direct cost 1.15 times direct cost DUDEK 2013 STANDARD SCHEDULE OF CHARGES ENGINEERING SERVICES Project Director...........................................$240.00/hr Principal Engineer III....................................$220.00/hr Principal Engineer 11 .................................... $210.00/hr Principal Engineer I ... ................ .................. $198.00/hr Program Manager ............. .......................... $200.00/hr Senior Project Manager...............................$188.00/hr Project Manager ................................. ......... $178.00/hr Senior Engineer Ill... ............. __ ............ ..... $170.00/hr Senior Engineer 11.............. ............ ............. $165.00/hr Senior Engineer I ................... ..................... $155.00/hr Project Engineer IV/Technician IV...............$145.00/hr Project Engineer Ill/Technician III ................$130.00/hr Project Engineer II/Technician li..................$120.00/hr Project Engineer I/Technician I ................... $105.00/hr Project Coordinator ...... ...................... ........... $85.00/hr Engineering Assistant ............. ....................... $75.00/hr ENVIRONMENTAL SERVICES Principal ...................................................... $225.00/hr Senior Project Manager/Specialist II ...........$210.00/hr Senior Project Manager/Specialist I ............$200.00/hr Environmental Specialist/Planner VI ........... $180.00/hr Environmental Specialist/Planner V ............$160.00/hr Environmental Specialist/Planner IV ...........$150.00/hr Environmental Specialist/Planner Ill ............ $140.00/hr Environmental Specialist/Planner 11.............$130.00/hr Environmental Specialist/Planner 1..............$120.00/hr Analyst........................................................ $100.00/hr Planning Research Assistant ... ..................... $80.00/hr COASTAL PLANNING/POLICY SERVICES Senior Project Manager/Coastal Planner I ......$200.00/hr Environmental Specialist/Coastal Planner VI.3190.00/hr Environmental Specialist/Coastal Planner V ...$170.00/hr Environmental Specialist/Coastal Planner IV ..$160.00/hr Environmental Specialist/Coastal Planner Ill ... $150.00/hr Environmental Specialist/Coastal Planner 11.... $140.00/hr Environmental Specialist/Coastal Planner I ..... $130.00/hr ARCHAEOLOGICAL SERVICES Senior Project Manager/Archaeologist 11 ..... $21 0.00/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 Environmental Specialist/Archaeologist Ill .,$140.00/hr Environmental Specialist/Archaeologist II ...$130.00/hr Environmental Special ist/Archaeologist I ....$120.00/hr Archaeologist Technician 11...........................$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 Project Manager..........................................$140.00/hr Resident Engineer.....................................$140.00/hr Construction Engineer.................................$135.00/hr On -site Owner's Representative .................$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 HYDROGEOLOGICAL SERVICES Principal......................................................... $230.00/hr Sr. Environmental Engineer ........................... $190.00/hr Sr. Hydrogeologist/Sr. Proj Mgr ...................... $170.00/hr Project Manager ............................................. $155.00/hr Associate Hydrogeologist/Engineer ............... $140.00/hr Hydrogeologist IV/Engineer IV ....................... $125.00/hr Hydrogeologist III/Engineer III ........................ $115.00/hr Hydrogeologist II/Engineer II .......................... $105.00/hr Hydrogeologist I/Engineer I .............................. $95.00/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 Ill Operator ................................... ...... ... $80.00/hr Grade It 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 ............................................ $150.00/hr Senior Designer ............................................. $135,00/hr Designer......................................................... $125.00/hr Assistant Designer ......................................... $120.00/hr GIS Specialist IV ............................................ $150.00/hr GIS SpecialistIll ............................................. $140.00/hr GIS Specialist II .............................................. $130.00/hr GIS Specialist I ............................................... $120.00/hr CADD Operator Ill ....................................... $115.00/hr CADD Operator Il........................................... $110.00/hr CADD Operator I .............................................. $95.00/hr CADD Drafter. ... "*"**"**"* ......... * ....... "" ....... $85.00/hr :'111 CADD Technician ............................................. $75.00/hr SUPPORT SERVICES Technical Editor III .......................................... $140.00/hr Technical Editor Ii........................................... $125.00/hr Technical Editor I ............................................ $110.00/hr Publications Assistant Ill ................................. $100.00/hr Publications Assistant il.................................... $90.00/hr Publications Assistant I ..................................... $80.00/hr Clerical Administration II ................................... $80.00/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 Involces,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. Ef4ecdve January 1, 2013 ACCOR®• CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07l03/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone (360) 598-3700 Fax: (360) 598-3703 MICHAEL J. HALL 8r COMPANY A/E INSURANCE SERVICES 1966010TH AVENUE N.E. POUL580 WA 98370 Agency Lick 0792445 CONTNAMEACT MICHAEL J. HALL 8r COMPANY PHONE FAX -3_7.0_3 (360) 598-3700 (360) 598 _ E-MAIL ADDRESS. INSURER(S) AFFORDING COVERAGE NAIC III INSURER American Automobile Insurance Co. 21849 INSURED Dudek INSURER 8 Greenwich Insurance Company 22322 INSURER C 605 3Rd Street Encinitas, CA 92024-3513 INSURER D INSURER E INSURER F ' COVERAGES CERTIFICATE NUMBER: 185428 REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 7 TYPE OF INSURANCE ADO'L SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A GENERAL LIABILITY MZG80942796 08/28/12 08/28/13 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE —X-1 OCCUR X OCP, XCU, BFPD ARPROVEI) AS TO ` q ORNI; DAMAGE ToRENTED PREMISES (Ea occurence $ 100,000 MED EXP (Anyone person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 OFER �- .A� Ra `u x, Cnd A ::T ,.:' X Separation of Insureds GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY X PRO- LOC JECT / �' / $ A AUTOMOBILE LIABILITY VP (j� f MZG80972796 08128112 08/28113 Ea acude0)SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO ALLOWNEDNSCHEDULEDAUTOS AUTOSBODILY IX HIREDAUTOSNON-OWNED AUTOS Dad. Comp- Dad. Coll -$1,000 INJURY (Per accident) $ PROPERTY DAMAGE (parasent)X $ $ A X UMBRELLA LIAR X OCCUR CGX14919084 01121/12 01121113 OCCURRENCE $ 1,000,000 EXCESS LIAR CLAIMS -MADE �EACH AGGREGATE $ 1,000,000 DED X RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY DROPRIETOR/PARTNER/EXECUTNE YIN OFFICER/MEMBER EXCLUDED? (Mandatory In NH) �J It yes, dascnbe under DESCRIPTION OF OPERATIONS below NtA WZCi81005672 08128/12 08128113 OTH %t I WCTORY7LIMTS ER $ E.L EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L DISEASE -POLICY LIMIT $ 1,000,000 B Professional Liability' Claims Made Form PECO02403104 08128/12 08128113 $1,000,000 Per Claim Retro Date: Pollution Liability: Occurrence Farm $2,000,000 Aggregate Jan. 01, 1970 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACDRD 101, Additional Remarks Schedule, If more space is required) Re: As Needed Construction Management and Administrative Support The City of Huntington Beach is an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. The Commercial General Liability insurance is primary Insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this Insurance. A waiver of subrogation applies to the Commercial General Liability, Auto Liability, Umbrella / Excess Liability and Workers Compensation / Employers Liability In favor of the Additional Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE Attention: Eric R. Charionne Ashley L. Hurd Ar I jc 77nil nmic\ © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Courtesy Notice of Cancellation for Other Than Nonpayment of Premium to Designated Entities .146977 0111 Policy Amendment Schedule Name and Address of Person(s) or Organizations Number of Days Notice if other than 10 days: 30 The City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. This policy is amended as follows: A. If We cancel this policy prior to expiration for any reason other than non payment of premium or at Your request, and we have been notified that You are required under a current contractual obligation to notify a certificate of insurance holder or holders when this policy is canceled, then We will endeavor to mail or deliver a copy of such written notice of cancellation to the certificate holder(s) shown in the Schedule above, as follows: 1 To the name and address corresponding to each certificate of insurance holder indicated in the Schedule above; and 2. At least 10 days prior to the effective date of the cancellation, as shown in our notice to the first Named Insured, or, if indicated, the longer number of days notice shown in the Schedule above B. Notwithstanding the foregoing, such notice of cancellation is provided on an informational basis and solely to assist You in informing the certificate of insurance holder(s) in advance of pending cancellation in coverage to assist you in meeting Your contractual notice requirements to such parties. Our failure to provide such advance notification to the certificate of insurance holder(s) shown in the Schedule of this endorsement will not extend any policy cancellation date, negate any cancellation of the policy, or grant, alter or extend any rights or obligations under this policy and we shall have no liability for any failure to provide the notice(s) as provided herein. All other terms and conditions of this policy remain unchanged. Dudek MZG80942796 AUG 28 2012 to AUG 28 2013 This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companlesas named in the policy 1459771-11 © 2010 Fireman's Fund Insurance company, Novato, CA. All rights reserved. Bid Results for Project Construction Management & Administrative Support (2013-0521) Issued on 05/21/2013 Bid Due on June 18, 2013 4:00 PM (Pacific) Exported on 08/013/2013 Bidder Info VendorlD Vendor Name 255415 Griffin Structures, Inc. 2251B5 Wllldan Engineering 225501 Harris & Associates, Inc. 228874 Tetra Tech 240026 GK & Associates 255123 TranSystems 255157 CivilSource 255395 Simpson & Simpson Management Consulting 255398 AKM Consulting Engineers 255402 Quantum Quality Consulting, Inc. 223296 Interwest Consulting Group 255487 Ghirardelli Associates, Inc. 255783 Newport Real Estate Services, Inc. 258641 Swinerton Builders 101266 Psomas 178836 Dudek 181100 Wallace&Associates Consulting, Inc. 199892 Vanir Construction Management 20B533 Richard Brady & Associates 214436 SA Associates Address Address 2 City Respondee Phone Respondee Email Bid Amount Format Bid Submit Date Bid Status Responsive 385 Second Street Laguna Beach 949-497-9000 Ext. 265 khenderson griffinholdings.net $0.00 Electronic 6/18/2013 15:32 Submitted Yes 2401 E Katella Ave Suite 450 Anaheim 562-908-6200 Ext. 6297 mhigashi wiildan.com $0.00 Electronic 6/13/2013 15:30 Submitted Yes 34 Executive Park, Suite 150 Irvine 949-655-3900 Ext 2350 bbarnett harris-assoc.com $0.00 Electronic 6/17/201310:13 Submitted Yes 17885 Von Karman Avenue Suite 500 Irvine 949-809-5179 Ext. luanne.bean tetratech.com $0.00 Electronic 6/18/201315:27 Submitted Yes 3333 Brea Canyon Road Suite 120 Diamond Bar 909-595-1940 Ext. 101 gkhan gkandassociates.com $0.00 Electronic 6/18/201315:00 Submitted Yes 6700 E. Pacific Coast Hwy., Ste 275 Long Beach 562-594-6974 Ext. saschmucker transystems.com $0.00 Electronic 6/18/2013 13:57 Submitted Yes 9930 Research Drive Suite 200 Irvine 949-585-0477 Ext. jenl civil-source.com $0.00 Electronic 6/113/201313:43 Submitted Yes 1000 S. Fremont Ave. Unit 64, Bldg. A10 Suite 10215 Alhambra 626-282-4000 Ext dwong ssmci.net $0.00 Electronic 6/17/2013 12:42 Submitted Yes 553 Wald Irvine 949-753-7333 Ext khankins akmce.com $0.00 Electronic 6/18/2013 9:40 Submitted Yes 2720 Sepulveda Blvd. Suite 100 Torrance 310-891-3994 Ext fbigdeli thequantumconsuiting.com $0.00 Electronic 6/18/2013 9:24 Submitted Yes 1076 Lincoln Place Boulder 714-202-0256 Ext ktierney interwestgrp.com $0.00 Electronic 6/113/2013 12:24 Submitted Yes 313 Lincoln Street Roseville 916-749-32B5 Ext. jdurrett ghirardelliassoc.com $0.00 Electronic 6/18/201315:113 Submitted Yes 3184H Airway Avenue Costa Mesa 714-975-7676 Ext. gallen nres.net $0.00 Electronic 6/18/2013 12:19 Submitted Yes 865 S. Figueroa St., Ste. 3000 Los Angeles 213-896-3408 Ext. mshawver swinerton.com $0.00 Electronic 6/18/2013 15:31 Submitted Yes 3 Hutton Centre Drive Suite 200 Santa Ana 714-481-7982 Ext. amy.oelrich psomas.com $0.00 Electronic 6/18/2013 11:47 Submitted Yes 605 Third Street Encinitas 760-207-3405 Ext. dmyers dudek.com $0.00 Electronic 6/18/201314:57 Submitted Yes 1655 E 6th Street Suite AAa Corona 951-966-7774 Ext. cars wallace-cm.com $0.00 Electronic 6/18/2013 14:42 Submitted Yes 10 Corporate Park, Ste. 130 Irvine 310-502-8876 Ext. scotty galloway vanir.com $0.00 Electronic 6/18/2013 15:14 Submitted Yes 17011 Beach Blvd Suite 900 Huntington Beach 714-375-6642 Ext. ajohnson rbrady.net $0.00 Electronic 6/18/201314:38 Submitted Yes 1130 W. Huntington Drive, Unit 12 Arcadia 626-821-3456 Ext. kdancel saassociates.net $0.00 Electronic 6/18/20131S:27 Submitted Yes City Of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 a www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk August 15, 2013 Dudek, Inc. Attn: Dave Carter, CFO 605 Third Street Encinitas, CA 92024 Dear Mr. Carter: Enclosed for your records is a duplicate original of the "Professional Services Contract Between The City of Huntington Beach And Dudek, Inc. For As -Needed Construction Management And Administrative Support Services." Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand