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HomeMy WebLinkAbout2007/05/01 Item 8 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: SUBMITTED BY: REVIEWED BY: 5/1/2007 Item~ RESOLUTION WAIVING THE CONSUL T ANT SELECTION PROCESS AND APPROVING A FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUDEK & ASSOCIATES, INC., FOR THE PROVISION OF ADDITIONAL ENVIRONMENTAL AND ENGINEERING SERVICES REQUIRED FOR THE COMPLETION OF THE AUTO PARK SEWER LINE (A COMPONENT OF THE SALT CREEK TRUNK SEWER PROJECT), AND AUTHORIZING THE MA YOR TO EXECUTE SAID AMENDMENT. C =""'--1 /' ITY ENGINEER 7 /, INTERIM CITY MANAGER ,I 4/5THS VOTE: YES D NO ~ BACKGROUND On May 2, 2000, the City Council approved a contract with Dudek & Associates for environmental and engineering services for the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Gravity Sewer Interceptor. The contract has since been amended four times to complete the design and constmction of these proj ects. A fifth amendment for up to $56,722 is necessary in order to complete the remaining portion of the Auto Park Sewer Line (a component of the Salt Creek Tmnk Sewer Project). ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity, adoption of a contract amendment, is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(2) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That City Council adopt the Resolution: Waiving the consultant selection process and approving a fifth amendment to the agreement between the City of Chula Vista and Dudek & Associates, Inc., for the provision of additional environmental and engineering services required for the completion of the Auto Park Sewer Line 8-1 5/1/2007, Item~ Page 2 of6 (a component of the Salt Creek Trunk Sewer Project), and authorizing the Mayor to execute said Amendment. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION It was originally contemplated that the Salt Creek Trunk Sewer line would be designed to serve developments in the eastern territories (Salt Creek, Poggi Canyon and Wolf Canyon Basins) and a portion of the Main Street Basin. The pipeline was intended to convey flows from the Chula Vista Auto Park and adjacent parcels along Main Street between the Amphitheater and I-80S (see Exhibit A). However, due to topographical constraints discovered during the design phase, the Auto Park portion of the Salt Creek Trunk Sewer could not be installed at the proper depth to serve that purpose. As an alternative, the City of Chula Vista ("City") worked with the City of San Diego to develop a solution to serve that area by conveying the flows to the City of San Diego's Otay Valley Trunk Sewer line. This solution made sense because the City was already using that line to serve Knott's Soak City and the Amphitheater. Those properties also faced the same constraints at the time they were developed. Currently, flows generated from a portion of the Auto Park on the south of Main Street are conveyed to a pump station at the southwest corner of Fuller Ford's property, and from there, are pumped into the Main Street Trunk Sewer line. The City has expended considerable funds over the years to maintain and operate this pump station. Constructing the Auto Park Sewer (an eight- inch sewer line which runs from the pump station I, I 00 feet westerly and connects to the City of San Diego Otay Valley Trunk Sewer) will enable the City to decommission this pump station and provide service to the Auto Park area by way of a more efficient gravity sewer line. While the City was preparing the design plans for the Auto Park Sewer, Yacoel Properties was also preparing to commence development of 4501 Main Street ("The Crossings") where the new Kohl's, Panda Chef, and Babies 'R Us stores, etc., are located. Staff and the Developer recognized an opportunity to expedite the construction of that portion of the trunk line that traversed The Crossings Project, thus negating the need to trench through the new parking lot at a later date. Consequently, the City entered into an agreement with Yacoel properties to construct that portion of the line within The Crossings Project and to reimburse Yacoel properties for this work from the project funds. That pipeline has since been completed and the reimbursement provided. The City was then left with the responsibility of completing the remaining portion of the Auto Park Sewer gravity line, approximately 350 lineal feet as shown in Exhibit A. Concurrent with the installation work being done as part of The Crossings, staff continued working on this last piece of the sewer line. As work on the project (i.e., preparation of design plans, specifications, etc.) proceeded, changes in the scope of work occurred due to topographical constraints, and property ownership/right-of-way acquisition, cumulatively resulting in significant delays to the sewer project. 8-2 5/1/2007, Item-fL Page 3 0[6 Coordination with The Crossings Project also led to several necessary changes in the alignment, additional environmental constraints, and the need for additional geotechnical analysis within the existing pump station to facilitate the decommissioning of the station. These unanticipated issues were not part of the original agreement or any of the subsequent amendments with Dudek ultimately resulting in the need for this Fifth Amendment to the contract. Due to these unforeseeable circumstances, it has not been possible to complete the remaining portion of the Auto Park gravity sewer line as originally anticipated resulting in the need for additional work to be undertaken to complete the project. Initial Agreements: On June 8, 1999, after a thorough selection process, City Council awarded a contract to Dudek & Associates ("Dudek") for preparation of the Preliminary Design Report for the Salt Creek Gravity Sewer Interceptor, which formed the basis of design for the project, in the amount of$54,950 (Attachment 1). Subsequently, on May 2,2000, City Council approved an agreement with Dudek & Associates for the provision of environmental and engineering services required for the final design and construction of both the Salt Creek Gravity Sewer Interceptor ($880,195) and the Wolf Canyon Gravity Sewer Interceptor ($279,814) for an amount not to exceed $1,160,009 (Attachment 2). First Contract Amendment: The original alignment design was found to be insufficient to accommodate the new trunk line and to have potentially created environmental impacts-issues that would significantly delay the completion of the project. In an attempt to mitigate this situation, the alignment design was changed and the trunk line realigned in order to connect to the City of San Diego Metro Interceptor by micro tunneling under the 1-5 freeway. The additional work necessitated a first amendment to the contract in the amount of $42,762 for the Salt Creek Project (Attachment 3). Second Contract Amendment: The project alignment change also necessitated the addition of a tunneling consultant to the project team as well as additional surveying services and geotechnical services. A second amendment was approved by City Council in August 2001 for an additional $501,250 (Salt Creek $460,020 and Wolf Canyon $41,230) (Attachment 4). Third Contract Amendment: The third amendment revised the contract to include the provision of additional engineering, geotechnical, surveying, and also the aerial photography services required to complete the design of the project. The amendment further provided for environmental compliance documentation services (preparation of Wetlands Mitigation Plans, Focused Quino Checkerspot Butterfly Surveys, Mitigation Monitoring, and Paleontological Monitoring) and electrical engineering services. In August 2002, the $925,314 amendment was approved by the City Council (Salt Creek $716,022 and Wolf Canyon $209,292) (Attachment 5). Fourth Contract Amendment: The fourth amendment revised the contract to include compensation for additional environmental and engineering services required for the final phase of the Salt Creek project ($317,309) and some additional work required for the Wolf Canyon Trunk Sewer project ($93,809). In September 2004, the $411,118 amendment was approved by City Council (Attachment 6). 8-3 $I 5/1/2007, Itern--,,-,,- Page 4 of6 Proposed Fifth Contract Amendment: Since the approval of the fourth amendment, the Salt Creek Trunk Sewer has been completed. A significant portion of the Auto Park Trunk Sewer has also been comp [eted, however, there is a need to obtain state and federal authorizations to facilitate the construction of the remaining portion of the Auto Park Sewer. The scope and budget of the Consultant (Dudek) needs to be revised to be able to complete these additional tasks. The additional tasks are shown in greater detail in the table below. This fifth amendment will be for a total amount not to exceed $56,722. SALT CREEK AMENDMENT COST SUMMARY Design Engineering Services Amount Complete Salt Creek Trunk Sewer - Preparation of Record Drawings (Phases 2 & 3) $17,500 Engineering to Complete Auto Park Sewer Design (Drafting, Specs, and Project Mgmt.) $3,500 Consultant Services to Complete Auto Park Sewer Design (Hazardous Waste Investigation) $5,750 Engineering Services During Bidding $2,000 Engineering Services During Construction (including record drawings ~Auto Park Sewer) $5,000 Environmental Services Amount Environmental Permits for Auto Park Sewer $12,000 CEQA Docs for Auto Park Sewer $5,040 Environmental Monitoring During Construction $14,000 TOTAL COST OF REQUIRED SERVICES $64,790 REMAINING UNUSED BUDGET ($8,068) ADDITIONAL FUNDS REQUIRED FOR SERVICES $56,722 Waiver of Selection Process Dudek has been responsible for the preparation of the design plans, specifications, estimates and environmental permitting for the Salt Creek Project since project inception. Despite all the challenges faced with this project, it was successfully completed. The Auto Park Sewer line is a very small piece of the large project arising to address topographical constraints. Dudek has presented 95% plans and specifications for this project. The additional tasks are primarily required to gather data (hazardous waste evaluation) necessary to complete the environmental permitting so that the project can be constructed. If approved, the proposed amendment will increase Dudek's total contract for the design of the Salt Creek Project by $56,722 to a total of $2,473,030. Since the overall cost of the Salt Creek Project amounted to $32,306,815, this 8-4 5/1/2007 , Item~ Page 5 of6 represents approximately 8% of the total construction costs of the project, which is highly compelitive when compared to industry standards for a project of this size, Due to the urgency of the project and required tasks, as well as other mitigating circumstances, engaging another consultant to complete these tasks is deemed impractical, For these reasons, the City's interests would be materially served with the waiving of the normal selection process so that the originally selected consultant can see this project through to completion. Staff is satisfied with the work completed by Dudek. The Consultant has been responsive to City staff, and readily accessible for field trips, presentations, and various project meetings. Based on these facts, staff recommends that the selection process be waived and that the agreement between the City of Chula Vista and Dudek & Associates, Inc. be amended to include the provision of additional engineering and environmental services required to complete the construction of the Auto Park Sewer Line. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMPACT The proposed action has no impact to the General Fund. The Salt Creek Trunk Sewer project was funded primarily from two sources: Trunk Sewer Capital Reserve Fund (for that section of the pipeline considered a regional facility) and Salt Creek Gravity Basin Development Impact Fee (DIF) Fund (for that section of the pipeline which serves only the properties within the Salt Creek and Wolf Canyon sewer basins). $32,306,815 has been allocated to the project to date. The proposed amendment will increase the Salt Creek original contract with Dudek & Associates by $56,722 to a total of $2,473,030 for the Salt Creek Gravity Interceptor project. However, including compensation for the provision of engineering and environmental services required for the preliminary design report of $54,950, Dudek's total compensation for this project amounts to $2,527,980. The combined Salt Creek and Wolf Canyon original and preliminary design contract amounts to $3,152,125, including this Amendment. There are currently sufficient funds allocated to the Salt Creek Trunk Sewer Project to cover this amendment. Staff will re-evaluate the project budget upon completion of the design plans, the environmental permitting process, and receipt of bids for the construction of the Auto Park Sewer. At which time, staff will bring this project back to Council to award the constmction contract. EXHIBITS A. Plat of the Auto Park Sewer ATTACHMENTS 1. Preliminary Design Agreement, June 1999 8-5 ~ 5/1/2007,Item2- Page 60f6 2, Original Agreement for Final Design of Salt Creek/Wolf Canyon, May 2000 3. First Contract Amendment, November 2000-Letter to Dudek 4. Second Contract Amendment, August 2001 5. Third Contract Amendment, August 2002 6. Fourth Contract Amendment, September 2004 Prepared by: Anthony Chukwudolue, Senior Civil Engineer, Engineering Department J:\Engineer\AGENDA\CAS2007\05-01-07\Dudek 5th Amendment v3.doc 8-6 A TT ACHMENT I - Agreement between City of Chula Vista and Dudek & Associates, Inc. For Providing Engineering and Environmental Services for the Salt Creek Gravity Sewer Trunk This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last execute unl s another date is otherwise specified in Exhibit A, Paragraph 1 is between the City of Chula Vista, hereinafter called "City", whose business fonn . is set forth on Exhibit A, paragraph 3, and Dudek & Associates. Inc. hereinafter called "Consultant," the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, staff prepared and issued a Request for Proposals (RFP) in December 1998 with the intent to negotiate a contract for providing Engineering and Environmental Services for the Salt Creek Gravity Sewer Trunk; and Whereas, a total of eight (8) proposals were received and reviewed by the City's consultant selection committee in January 1999; and Whereas, staff has received a proposal from Dudek and Associates to provide engineering and environmental services for the Salt Creek Gravity Sewer Interceptor; and Whereas, the City's consultant selection committee made their final recommendation in March 1999; and Whereas, the engineering firm of Dudek and Associates, Inc. was recommended as the consultant to be awarded the contract to provide engineering and environmental services for the Salt Creek Gravity Sewer Trunk; and Whereas, the City is desirous of retaining professional engineering and environmental consulting services for said Sewer Trunk; and Whereas, staff has received a proposal from Dudek and Associates to provide engineering and environmental services for the Salt Creek Gravity Sewer Interceptor; and Whereas, City staff has determined the proposal to be responsible and has negotiated an agreement based on the proposal; and !1-=-8 f /9!:?7" Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided, all in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties: A. General Duties: The Consultant shall perform all of the services described in the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule: In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to the City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated, shall not terminate this agreement, except at the option of the City. C. Reductions in Scope of Work: City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services: In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defmed Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11, unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care: Consultant, in performing any Services under this agreement, whether Defmed Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance: Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of 8-9 -2- loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Co=ercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limits applied separatelY to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage: (1) Certificates of Insurance: Consultant shall demonstrate proof of coverage herein required, prior to the co=encement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required: In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Co=ercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance: (1) Performance Bond: In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space i=ediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit: In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space i=ediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which 8-10 , -:>- amount is indicated in the space adjacent to the term, "Lener of Credit", in said Paragraph 19, Exhibit A. (3) Other Security: In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Lener of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business Liceuse: Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City: A. Consultation and Cooperation: City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, the City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10. and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation: Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 to be charged upon making such payment. 3. Administration of Contract: Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 8-11 ~- 4. Term: This Agreement shall terminate when the Parties have complied with all executory provisioD5 hereof. 5. Liquidated Damages: The provisioD5 of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensioD5 for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portiOD5 of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant: A. Consultant is Designated as an FPPC Filer: If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate: Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests: Regardless of whether Consultaot is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted 8-:51) a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the be.st of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests: Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests: Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Vi'arranties Against Economic Interests: Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defmed Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defmed Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless: Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the 8_0J 3 execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause: If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions: In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City: City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all [mished and unfmished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 8_714 11. Assignability: The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material: All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Consultant: City is interested only in the results obtained and Consultant shall perform as an independent Consultant with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent Consultant and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures: No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and fIled with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. 8_-gJ 5 Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispme over the terms of this Agreement. 15. Attorney's Fees: Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs: In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous: A. Consultant not authorized to Represent City: Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman: If the box on Exhibit A, Paragraph 16 is marked, the Consultant and! or their principals is! are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices: All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire A"areement: This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties: Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter 8-:a_6 into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. R-17 '10- Signature Page to Agreement between City of Chula Vista and Dudek and Associates, Inc. for Providing Engineering and Environmental Services for the Salt Creek Gravity Sewer Trunk IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dared: H",'1 (", , 1999 Dated: _//.-Ll'\P. &" , 1999 Dudek and Associates, Inc. City of Chula Vista By: ~. - '/'/_'~ i, -1" -=- . _ I ,.c."ff:y:J.lt J )1 Shirle'f Horton, Mayor ,; ).1'&1'01 Attest: .---::::::/1 )Jl -'~, tl,n.) Susan Bigelow, Ity Clerk Approved as to form: A~ M. Kaheny, City Attome Exhibit And Attacbment List to Agreement (X) Exhibit A (X) Attachment No.1 8~1? Exhibit A \ Agreement between City of Chula Vista and Dudek and Associates, Inc. 1. Effective Date of Agreement: June 8, 1999 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chula Vista 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Name of Consultant: Dudek and Associates, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 605 Third Street Encinitas, CA 92024 Voice Phone (760) 942-5147 Facsimile (760) 632-0164 ~':'19 7. General Duties: The general duties for the consultant include preparing environmental studies and assessment, and prelimin~ry design for the Salt Creek Gravity Sewer Trunk. The engineering and environmental services include developing alternative alignments, evaluating those alignments based on engineering and environmental constraints, selecting the most appropriate alternative, identifying the environmental constraints, and determining the required environmental docnmentations for the most appropriate alternative to satisfy California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) regulations. The final product for this project shall consist of a report on environmental assessment and evaluation, a Preliminary Design Report including the basis for design, and layout of the selected sewer alignment including plan and profile of the pipeline. The preliminary plans shall include plan view and profile with 1" = 100' horizontal scale, 1" = 10' vertical scale, and 10 foot interval topographic lines. The Preliminary Design Report shall also include sewer line data, environmental constraints analysis, environmental assessment documentation requirements, construction phasing and scheduling, and cost estimates. All the engineering and environmental services shall be completed in accordance with this agreement and as further described in the attached document titled "Request for Proposals to Provide Engineering and Environmental Services for the Salt Creek Gravity Sewer Trunk." (Attachment No.1). Said document was issued by the City of Chula Vista in December of 1998. 8. Defmed Services A. Detailed Scope of Work: Element 1: Data Collection and Review Task 1.1- Proj ect Kickoff Meeting Conduct a project kickoff meeting with the City of Chula Vista and other appropriate parties to discuss the overall proj ect structure and goals. Task 1.2- Collect Existing Data Collect previous studies, reports, aerial photos, environmental and planning documents, and other available background information necessary for the project. Task 1.3- Develop Evaluation Criteria Develop environmental and engineering criteria for evaluating the pipeline alternatives. These criteria will be the basis for the development of the alignment and subsequent alternative evaluations. Task 1.4- Present Utility Data 8~-lO i' The Consultant shall contact local utility companies to locate existing utilities. existing sewer lines, and other pertinent information within the pipeline corridor and he shall present the utility data on the base maps. Element 2: Mapping The City of Chula Vista will provide digital data on CD-Rom disk in a format compatible with the Consultant Computer Aided Drafting and Design (CADD) system. Tbis data will consist of existing sewer lines, location of pump stations, orthophotos, existing topography, and other layers necessary to create the. foundation for the alternative alignments. These data shall be used for mapping environmental features, locating existing structures and facilities, and developing base maps for the alternative alignments. Element 3: Environmental and Archeological constraints Analysis, Evaluations, and Regulatory Agencies Requirements Tills element will identify primary environmental and archeological constraints for the proposed alignment alternatives based on the pipeline corridors identified in previous studies and available information. The analysis shall include the following tasks: Task 3.1- Environmental and Archeological Constraints Analysis Collect and review existing environmental and archeological data. Perform a field reconnaissance of environmental and archeological resources. Conduct a program level analysis of cultural resources, including compiling and reviewing existing data for the project and preparing cultural resources summary to be included in the constraints analysis. Task 3.2- Regulatory Requirements Prmide recommendations as to which local, state and federal regulatory requirements may affect implementation of the project. Outline, in detail, the necessary documentation and permitting processes required to satisfy CEQA, NEPA, County, State and Federal Endangered Species Acts for the proposed alignment. Include the required permitting fees and estimated mitigation cost in the cost estimate of this project. Task 3.3- Technical Memorandum Prepare a technical memorandum summanzmg the results of the constraints analysis and required environmental documentation. The summary shall consist of a compilation of resource data, a discussion of known and potential areas of environmental resource sensitivity, and recommendations for future compliance studies. A-3 8-21 Element 4: Alternatives Analysis Task 4.1 Develop Alternative iJignments Develop alternative alignments for the sewer trunk. These alignments shall be selected based on data obtained during the Data Collection and Review (Element 1) and the Environmental Constraints Analysis (Elements 3). Task 4.2 Alternative Analysis Perform an evaluation of each alternative alignment. This evaluation shall include a minimum of three alternative alignments and shall consider new technology including but not limited to pipe tunneling or pipe bursting for the westerly portion of Reach 9 (from Interstate 5 to Interstate 805). These analysis shall include, but not be limited to, the following factors: Environmental constraints Archeological constraints Geotechnical constraints Constructability Existing features Topography Costs Acquisition of Right of Way constraints Task 4.3 Select Reco=ended Alignment Based on the analysis in Task 4.2, select the most appropriate alignment. Provide a detailed description of the analysis process and the features of the recommended alternative. Element 5: Preparation of Preliminary Design Report Task 5.1 Preliminary Design Report Prepare a Preliminary Design Report. The report shall include design criteria, pipeline alignment, hydraulic calculations, size and slope requirements, environmental constraints, archeological constraints, geotechnical constraints, project cost and schedule, and construction requirements. The Sewer Design Criteria of the City of Chula Vista Subdivision Manual, and the City of Chula Vista Design Standards shall be used for this process. Chula Vista will provide the Consultant with copies of such Subdivision Manual and Design Standards. Task 5.2 Route Location and Access Plans Prepare preliminary pipeline alignment plan and profIle design scaled drawings on size "D" sheets, with 1"= 100' horizontal scale, 1"=10' vertical scale, and 10 foot interval topographic lines. The drawings shall be presented to depict the interceptor route, access locations, environmentally sensitive areas, and other 8~t2 features related to the pipeline design. The plans shall be included ,vith the Preliminary Design Report. Task 5.3 Construction Cost Estimate Prepare preliminary cost estimate. This cost estimate shall include costs associated with environmental documentation and. mitigation, design, and construction of the interceptor. The cost estimate shall be included with the Preliminary Design Report. Task 5.4 Proj ect Schedule Prepare a comprehensive schedule for environmental documentation and mitigation, pipeline design, contract bidding selection, and construction for the different phases of the project. The schedule shall be included with the Preliminary Design Report. Task 5.5 Use of Computer Aided Design Prepare the final design using Computer Aided Design (CAD), and deliver all graphics and plans in AutoCADIDWG Version 14 file format. Element 6: Respond to the City of Chula Vista Comments on the Submittals All submittals shall be subject to the approval of the City of Chula Vista's staff. The Consultant shall evaluate and respond to all co=ents from the City's staff on the submittals until the [mal product is approved by the City's staff. Element 7: Important Issues The following are important issues that shall be considered in the preliminary design of the Salt Creek Gravity Trunk Sewer (SCGST): - Provide Sewer Services to Salt Creek Sewer Basin The final alignment of the SCGST shall be capable of providing sewer services using gravity collection system to all existing and future facilities and developments located within the Salt Creek Sewer Basin. - City of San Diego Sewer Trunk The City of San Diego owns and maintains a gravity sewer trunk that parallels the Otay River and Faivre Street. This trunk is flowing at very low capacity. Therefore, there may be an option for the City of Chula Vista to reach an agreement with the City of San Diego to utilize this trunk as a bypass line on a temporary basis during the construction of the SCGST. The Consultant shall contact the City of San Diego to discuss said option and shall provide relevant information in the Preliminary Design Report. - Decommissioning Olympic Training Center Pump Stations 8'~-i3 The Olympic Training Center which is located easterly of Salt Creek is presently pumping wastewater into Otay Lakes Pump Station through existing three pump stations. The Consultant shall include in his design plans for decommissioning these pump stations and connecting the Olympic Training Center to the proposed SCGST via a gravity collection system. - Decommissioning Auto Mall Pump Station Consultant shall study the feasibility of decommissioning the Auto Mall pump station, which is located on the north side of Otay River. It will be desirable that all generated wastewater from the surrounding areas be connected to the SCGST via gravity collection system. The Consultant shall provide full analysis in his report to show how the connections from neighboring areas along the whole length of SCGST will be made. - Animal Shelter Pump Station The Animal Shelter Pump Station which is located on the north side of Otay River is going to be abandoned due to the relocation of the Animal Shelter facility. Therefore, the decommissioning of this pump station shall not be included in the design of this project. - Access Road Each manhole along the proposed SCGST shall be designed to allow for the construction of an access road with a turnaround where an existing road is not available to provide access for the future maintenance of the SCGST. - Construction Staging Areas Consultant shall analyze the construction zone and identify areas that can be used to stage construction operations. - Capacity in Telegraph Canyon Sewer Trunk The existing Telegraph Canyon Sewer Trunk is approaching its maximum flow capacity since some developments from non-tributary sewer basins have been pumping wastewater flows through Otay Lakes Road and East Orange Avenue Pump Stations. The Consultant shall evaluate the phasing of the SCGST and shall include analysis on the future decommissioning of all such pump stations to reduce the wastewater flow in the Telegraph Canyon Sewer Trunk. 8~~ - Provide Cost Estimate for Connecting the Existing Facilities The cost for connecting all existing facilities within the tributary areas of the Salt Creek Sewer Basin and for connecting all the decommissioned pump stations to SCGST via gravity collection system shall be included in the Cost Estimate of this project. The removal and site restoration of these decommissioned pump stations shall also be included in the cost estimate. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's General Liability Insurance: $1,000,000. (X) Co=ercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions Insurance: $250,000 (not included in Co=ercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: . Digital data on CD-Rom disk in AutoCAD/DWG Version 14 file format showing existing aerial photographic and topographic maps. These data shall be used for mapping environmental features, locating existing structures and facilities, and developing base maps for the alternative alignments analysis. . At the request of the Consultant the City of Chula Vista will provide any available "As Built" plans and records for all existing facilities that will be affected by this project. 11. Compensation: A. (X) Hourly Rate Arrangement. For performance of all of the Defmed Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: I. (X) Not-to- Exceed Limitation on Time and Materials Arrangements Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defmed Services herein required of Consultant for a lump sum of $54.950 (fifty four thousands and nine hundred and fifty dollars) including all Materials, and other "reimburseables" ("Maximum Compensation"). 2. () Limitation without Further Authorization on Time and Materials Arrangement At such: time as the Consultant shall have incurred time and materials equal to $ 8~t5 Rate Schedule Categories of Employee of Consultant Name Hourly Rate Princioal Engineer Mike Metts $125 Proiect Manager Mike Metts $115 Proiect Engineer Cecil Rehr $ 95 Princioal Environmentalist June Collins $130 Environmentalist Harold Weir $130 Archaeologist Brian Smith $ 90 CAD Drafter Paul Caliguiri $ 65 ClericalfW ord Processor Casev Larkin $ 45 ( ) Hourly rates may increase by 6 % for services rendered after in providing services is caused by City. , 1999 if delay 12. Materials Reimbursement Arrangement: Expenses reimbursable by the City will include messenger service and overnight delivery (actual cost), facsimile (transmission only $0.25 per page), copying ($0.05 per page). However, such cost shall not exceed the aggregate of $250 without further authorization issued in writing by the City Engineer. 13. Contract Administrators: City: Jamal Naji, Assistant Civil Engineer n, Public Services Building, 276 Fourth Avenue, Chula Vista, CA 91910 and Susan Bigelow, City Clerk. Consultant: Dudek and Associates, Incorporated. Frank Dudek 605 Third Street Encinitas, CA 92024 (760) 942-5147 '--~6 (760) 632-0164 (Fax) 14. Liquidated Damages Rate: None 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: ( ) Not Applicable. Not an FPPC Filer. ex) FPPC Filer 16. Real Estate Broker: Not Applicable 17. Permitted SubConsultants: Brian f. Smith and Associates (Archaeology Support) 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time. (X) Monthlv. B. Day of the Period for submission of Consultant's Billing: (X) First of the Month C. City's Account Number: 600-6008-SW219 19. Security for Performance: () Performance Bond: () Letter of Credit: () Other Security: Type: l\mount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 20% () Retention Amount: $ Retention Release Event: (X) Completion of all Consultant Services 1\-9 8-27 () Other: 20. Deliverables and Due Date of Submittals The Consultant shall submit all the listed deliverable documents on the following due dates: Deliverable Documents Due Date 1- List of guidelines for selecting the different alignments . Tuesday, June 22, 1999 2- Environmental assessment/evaluation and base maps for the different alignments. Wednesday, July 21, 1999 3- Early draft on environmental and preliminary engineering evaluation of the selected alignment. Wednesday, August 11, 1999 4- Draft of the Preliminary Design Report including environmental analysis and engineering calculations (10 copies). Three sets of blue print copies (Size "D" sheets), showing a draft of the base maps for the sewer trunk alignment, including plans and profiles of the sewer trunk with 1" = 100' horizontal scale, 1" = 10' vertical scale, and 1 0 foot interval topographic lines. Tuesday, August 31,1999 5- List of the agencies, required permits, fees, and environmental guidelines for all local county, state and federal regulatory agencies that could require permits for this project. Tuesday, August 31,1999 6- Final Preliminary Design Report including environmental analysis and engineering calculations (10 copies). Said report shall discuss phasing, scheduling of the different reaches, cost estimate, including costs associated with environmental documentation, mitigation, permits, engineering design and construction. This submittal shall also include original mylars with three sets of blue print copies (size "D" sheets), showing the Final Preliminary Design including plans and profiles with 1" = 100' horizontal scale, 1" = 10' vertical scale, and 10 foot interval topographic lines. Friday, October 29, 1999 A-10 8-28 ., ') 7- CD-Rom disks containing the Final Preliminary Design in AutoCAD/DWG Version 14 me format (2 sets). CD-Rom disks containing the Final Preliminary Design Report in WordPerfect Version 6.1 file format (2 sets). Friday, October 29, 1999 Unless otherwise stated above, all re-submittals shall be due within 14 calendar days after they are returned to the Consultant. H:\HOME\ENGINEER\SEWER99\SAL TCREE\SALTCREK.AGR A-ll 8-29 ATTACHMENT 2 .j AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUDEK & ASSOCIATES, INC FOR THE PROVISION OF ENVIRONMENTAL AND ENGINEERING SERVICES REQUIRED FOR THE FINAL DESIGN AND CONSTRUCTION OF THE SALT CREEK GR--\ VIn SEWER INTERCEPTOR AND THE \VOLF CANYON GR-\ VITY SEWER INTERCEPTOR This agreement ("Agreement"). dated ~~. d- ''';>006 for the purposes of reference only. and effective as of the date last executed unless another date is otherwise specified in Exhibit A... Paragraph] is between the City ofChu!a Vista, hereinafter called "City". whose business form is set forth on Exhibit A, paragraph 3, and Dudek & Associates. Inc. hereinafter called "Consultant," the entity indicated on the attached Exhibit A, paragraph 4, as Consultant. whose business form is set forth on Exhibit A., paragraph 5. and whose place of business and telephone numbers are set forth on Exhibit A... paragraph 6 ("Consultant"). and is made with reference to the following facts: WHEREAS, the City Chula Vista. by Resolution 19484 on .June 8, 1999. approved an agreement ",ith Dudek & Associates to provide em1ronmenta] services and a preliminary design for the Salt Creek Gravity Sewer Interceptor; and WHEREAS. there is a need for additional consultant ser\'ices in order IO prepare the 11nal design plans nec.essary for the construction of the Salt Creek Gravity Interceptor, and; WH EREAS. the City requires further consultant services in order to prepare the necessary em'ironmental documents and obtain the required environmental permits. and; WHEREAS. Wolf Canyon Trunk Sewer is tributary to the Salt Creek Gravity Sewer and the Cit)' desires to e.xpedite the design and environmental processing of the Wolf Canyon Trunk Sewer. at the request of the developers within that basin who have a vested interest in the project and who will be funding a portion of the project costs. and; WHERE..l,.S, there is a 11eed for consultant services in order to prepare the design plans, prepare the necessary environmental documents and obtain the required -environmental permits necessary for the construction of the Wolf Canyon Trunk Sewer. and: WHEREAS. pursuant to Chula Vista Municipal Code Section 2.56.070 Council determined that competitive bidding is impracticaL and waived the normal consultant selection process, because Dudek & Associates have extensive experience and familiarity with the Salt Creek Gravity Sewer' lnterceptor project. having completed the preliminary design for the project and this agreement will result in enhanced continuity of the project and expedite the timely completion of design of the project and processing of the necessary envifJ:l91uental permits. and; ., WHEREAS, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions 0 this Agreement. NOW, THERFORE BE IT RESOLVED, that the parties do hereby mutually agree as follows: 1. Consultant's Duties: A. General Duties: The Consultant shall perform all of the services described in the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule: In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A. Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A. Paragraph 8, and deliver to the City such Deliverables as are identified in Exhibit A. Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required. in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated shall not terminate this agreement. except at the option of the City. C. Reductions in Scope of Work: City may independently, or upon request from Consultant. from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services: In addition to performing the Defined Services herein set forth. City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, ifth.ey.are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph I I, unless a separate fixed fee is otherwise agn;ed upon. All compensation for Additional Services shall be paid monthly as billed. - E. Standard of Care: Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance: Consultant represerg~3hf-t it and its agents, staff and sub consultants employed by it in connection with the Services required to be rendered, are protected against the risk ofloss by the following insurance. coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of" A, Class V" Dr better, Dr shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limits applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage: (1) Certificates oflnsurance: Consultant shall demonstrate proof of coverage herein required. prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required: In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance: (1) Performance Bond: In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check.mark in the. parenthetical space immediately preceding the subparagraph entitled "PerfDrmance Bond"), then Consultant shall pro\~de tD the City a performance bond by a surety and in a form and amount satisfactory tD the Risk ~anager or City Attorney which amount is indicated in the space adjacent tD the term, "Performance Bond", in said Paragraph J 9, Exhibit A. Said PerfDrmance Bond to be furnished and delivered to the City of Chula Vista imqlediately following signing of contract by both parties and before any work is started. WDrk timetable begins upon delivery of said Performance Bonds. (2) Letter of Credit: In the event that Exhibit A, at Paragraph 19, indicates the need for Consultarlt to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide tD the City an irrevDcable letter Df credit callable by the City at their unfettered 8-32 '. , discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank. and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security: In the event that Exhibit A., at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall pro\~de to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License: Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City: A. Consultation and Cooperation: City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto. the City ab'Tees to pro\~de the information, data, items and materials set forth on Exhibit A. Paragraph 10, and ",ith the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation: Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A. Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A. Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A. Paragraph II, adjacent to the governing compensation relationship indicated by a "checkmark" nexi to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19. of Exhibit A., and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exbjbit A., Paragraph] 8 to be charged upon making such payment. 3. Administration of Contract: Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13. as said party's contract 8~wWistrator who is authorized by said party to represent them in the rouline administraBoli' 8fthis agreement. 4. Term: This Ab'T"eement shall terminate when the Parties have complied with all executory provisions hereof 5. Liquidated Damages: The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at areasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Ab'T"eement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when b'T"anted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant: A. Consultant is Designated as an FPPC Filler: If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate: Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests: Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term 8-34 " "- is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests: Regardless of whether Consultant is designated as an 'FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests: Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F, Specific Warranties Against Economic Interests: Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries' of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph IS. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Tem1 of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written ps:rmission of City. 7. Hold Harmless: Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Aweement, except only for those claims arising from the sole negligence or sole willful conduc;l[lof3t!P.e City, its officers, or employees. Consultant's indemnification shaH include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause: If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents; data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions: In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions. Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City; City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifYing the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become Citys sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shaH be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability: The services of Consultant are personal to the City, and Consultant shaH not assign any interest in this Agreement, and shaH not transfer any interest in the same (whether by 8-36 assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material: All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or either materials or properties produced under this Agreement. 13. Independent Consultant: City is interested only in the results obtained and Consultant shall perform as an independent Consultant with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent Consultant and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security ta.x or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures: No suit or arbitration shall be brought arising out of this agreement, <\gainst the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth' herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees: 8-37 Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. . 16. Statement of Costs: In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous: A. Consultant not authorized to Represent City: Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker andJor Salesman: If the box on Exhibit A., Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices: All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement: This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties: EaCh signatory and party hereto hereby warrants..and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue: This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, 8-38 State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista 8-39 . Signature Page to Agreement Between The City of Chula Vista and Dudek & Associates, lnc For the provision of Environmental and Engineering Services required for the Final Design and Construction of the Salt Creek Gravity Sewer Interceptor and Wolf Canyon Trunk Sewer IT WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: DATED:6J!;!cn CITY OF CHULA VISTA BY~~ Shirley Horto Mayor Attest: ~iU~O~ Susan Bigelow City Clerk Approved as to form: ~A);~ )~ M. Kaheny ~ Uity Attorney DATED: "-)- -,.-~ Dudek and Associates, Inc. BY~~~ F~ Dudek, ~. 1/-j.lI~ ot:; Pres)dent .J..b No. ;'1i1-0z. -a3 Exhibit List to Agreement (X) Exhibit A 8-40 Exhibit A to Agreement between City of Chula Vista and Dudek and Associates, Inc. 1. Effective Date of Agreement: 2. City-Related Entity: (X) City ofChula Vista, a municipal chartered corporation of the State ofCalifomia () Redevelopment Agency of the City ofChulil Vista 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Name of Consultant: Dudek and Associates, Inc. 5. Business Form of Consultant: () Sole Proprietorship () Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 605 Third Street Encinitas, CA 92024 . Voice Phone (760) 942-5147 Facsimile (760) 632-0164 8-41 ..... 7. General Duties: A. Salt Creek Gravity Sewer Interceotor The scope of work for this project consists of evaluating the alignment that was proposed in the Preliminary Design Report based on engineering and environmental constraints, identifying the environmental constraints and obtaining the required environmental permits to satisfy CEQA and NEP A regulations, and preparing plans and specifications for the construction of the sewer interceptor. The final product of this project shall consist of hydraulic calculations supporting the final design, environmental and encroachment permits from all the regulatory agencies that have jurisdiction over this project, a detailed cost estimate, soil reports, a phasing schedule, and a complete biddable construction package that include plans with photo strips and profiles, and technical specifications for constructing the sewer interceptor. B. Wolf Canyon Trunk Sewer The scope of work for this project consists of determining an alignment based on engineering and environmental constraints, identifying the environmental constraints and obtaining the required environmental permits to satisfy CEQA and NEP A regulations, and preparing plans and specifications for the construction of the sewer interceptor. The final product of this project shall consist of hydraulic calculations supporting the final design, environmental and encroachment permits from all the regulatory agencies that have jurisdiction over this project, a detailed cost estimate, soil reports, a phasing schedule, and a complete biddable construction package that include plans with photo strips and profiles, and technical specifications for constructing the sewer interceptor. The following sections present ii. detailed discussion of the Final Design of Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer scope of work. 8. Defined Services A. Detailed Scope of Work For the Salt Creek Gravity Sewer Interceptor: Element 1: Data CoU,ection and Review For Final Design Task 1.1 Project Kickoff Meeting Conduct a project kickoff meeting with the City of Chula Vista and other appropriate parties to discuss the overall proj ect structure and goals. Task 1.2 Collect Exiting Data Collect previous studies, reports, aerial photos, hard and electronic, copy of the Preliminary Design Report, environmental and planning documents, and other available backgg~~~ information necessary for the project. '. Task 1.3 Present Existing Utility Data Contact local utility companies to locate existing utilities, existing sewer lines, and other pertinent information within the pipeline corridor and present the utility data on the base maps. Element 2: Project Design For Final Design Task 2.1 Evaluate the Proposed Alignment in the Preliminary Design Report Evaluate the feasibility of the proposed alignment that was recommended in the Preliminary Design Report by Dudek and Associates, Inc. on the basis of envirorunental and economical constraints. Task 2.2 Update of the Gravity Basin (EDU) Review, verify and update the land uses within the sewer gravity basins that will be discharging into Salt Creek Sewer Basin based on current projections and determine the wastewater flows that will be discharged into Salt Creek Sewer Basin at buildout. The update shall ~clude but is not limited to Salt Creek Sewer Basin, Poggi Canyon Sewer Basin, Wolf Canyon Sewer Basin, and Main Street Sewer Basin. Task 2.3 Hydraulic Analysis and design Perform hydraulic analysis and design the sewer interceptor using gravity collection system to convey the flows generated from all existing and future facilities and developments within the Salt Creek Sewer Basin and the surrounding tributary basins. The submittal shall include a complete and detailed hydraulic report outlining the calculations, basis of assumptions, and criteria utilized in the design. Task 2.4 Pump Stations Decommissioning plans Prepare detailed plans for decommissioning the following four pump stations along the sewer interceptor alignment: a. Otay Lakes Road Pump Station b. Olympic Parkway Pump Station c. Olympic Training center (OTe) pump statLon d. Auto Park Pump Station Element 3: Surveying and Aerial Photography For Final Design Task 3. I Set aerial control points along the alignment. Task 3.2 Establish horizontal and vertical control points, based on City of Chula Vista benchmarks. 8-43 ) , Task 3.3 Paint existing manholes, valves and related utilities prior to start of aerial photography Task 3.4 Prepare topographical maps at scale of 1"=20' and 1 foot contour line intervals. Note: All surveying shall be done per the City of Chula Vista Surveying Standards. Any exceptions shall be defined by the City engineer. Element 4: Geotechnical investigation and Soil Reports For Final Design Task 4.] Perform series of borings along the proposed sewer line alignment. Task 4.2 Obtain soil classification, density, and locate water table elevations, moisture contents and seismic conditions. Task 4.3 Recommend trench preparation. Task 4.4 Identify locations where micro-tunneling or pipe bursting methods will be feasible. Task 4.5 Evaluate soil reports and recommend structural sections for pavement reconstruction and resurfacing along the path of the alignment. Task 4.6 Pot hole, verify, and mark the locations of all existing utilities along the proposed alignment. Element 5: Preparation of Final Design Drawings Task 5.1 The Design drawings shall be prepared using Computer Aided Design (CAD) and all graphics shall be presented in AutoCAD/DWG file format. Task 5.2 Prepare Title Sheet (minimuml sheet) and General Index Sheets (minimum 3 sheets). Task 5.3 Place bori!lg logs on D-size sheets (minimum 4 sheets). Task 5.4 Prepare plans with photo strips and profiles sheets at a minimum scale of 1"=20' scale and minimum 1 foot interval topographic lines of the alignment (minimum 130 sheets). Task 5.5 Plot existing utilities and prepare plans and specifications for relocating any utilities or structures that will interfere with the proposed alignment. Provide road access with turnaround to each manhole along the proposed alignment to provide access for future maintenance of the interceptor. 8-44 Task 5.6 Task 5.7 Task 5.8 Element 6: Task 6.1 Task 6.2 Task 6.3 Task 6.4 .'. Details connections,.metering station, pump station decommissioning, details of connecting existing facilities and miscellaneous piping requirements (minimum 14 sheets) Analyze the construction zone and mark areas that shall be used to stage construction operations Prepare traffic control plans required to facilitate the construction of the project and to minimize the traffic interruptions in the surrounding areas (minimum 24 sheets). Identifying Environmental Constraints, Preparing Requisite Environmental Documents and Obtaining all Related Permits Related to Final Design . Environmental Document Preparation (Initial Study and Mitigated Negative Declaration or Environmental Impact Report) The consultant shall prepare an Environmental Initial Study, in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15063 (public Resources Code 21080), in order to determine if there are significant environmental impacts, the level of potential impacts and the appropriate CEQA document (i.e. Environmental Impact Report, Mitigated Negative Declaration, etc) for the project. Consultant shall prepare the appropriate CEQA document (i.e. Environmental Impact Report, lvIitigated Negative Declaration, etc.), including draft findings and a lvIitigation Monitoring and Report Program. General Biological Reconnaissance and Biological Resources Technical Report As part of the preparation ofthe environmental document, consultant (or a qualified sub-consultant) shall prepare a biological.. technical report in accordance with CEQA. Said technical report shall include any required biological surveys for sensitive resources including but not limited to the Quino Checkerspot Butterfly, California Gnatcatcher and Otay Tarplant. . - Coordination and Meetings with Resource Agencies regarding Wetlands Permitting Consultant shall meet with the Army Corps of Engineers (ACOE), California Department ofFish and Game (CDFG), U.S. Fish and Wildlife Service (FWS) and City staff to discuss permitting requirements and potential impacts to state- and federally-listed threatened and endangered species. Section 404 Permit AppM:..a4~n Task 6.5 Task 6.6 Task 6.7 Task 6.8 Consultant shall identify and prepare required state and federal environmental permits (Section 404 Nationwide Permit or Section 404 Individual Pennit) Section 401 Water Quality Certification/Waiver Application Consultant shall complete and submit an application for a Section 401 Water Quality Certification/Waiver to the RWQCB. Section 1601 Streambed Alteration Agreement Consultant shall submit to the CDFG an application for a Section ] 60 I Streambed iuteration Agreement. The application shall include a project description, a statement of purpose and need, an alternatives analysis, a discussion of avoidance and minimization of impacts, a wetland delineation, a draft mitigation plan, all associated figures and copies of the wetland permit applications submitted to the RWQCB and ACOE. Habitat Enhancement Plan (Conceptual Mitigation and Monitoring Plan), Plans and Specifications for the Revegetation/Mitigation Areas Consultant shall prepare a written habitat enhancement plan, which will serve the purpose as a conceptual wetland mitigation and monitoring plan. The plall will be prepared as a written report in the fonnat acceptable to the City of Chula Vista and compatible with resource agency permit requirements. The plan will summarize existing site conditions, discuss project description and impact, outline the goals of the revegetation program, detail the planting design, address plant materials sources and lead time, describe installation requirements, irrigation sources, erosion control, maintenance and monitoring requirements, and outline reporting/documentation requirements. The report will be submitted for review by the City of Chula Vista, as well as submitted as to the resource agencies as a follow-up to the permit applications. Consultant shall prepare a biddable set oflandscape construction documents for the revegetation areas. These plans shall be detailed plans sufficient for bidding and ultimate construction. The plans shall irnpJement the design intent of the habitat enhancement plan (conceptual mitigation plan) report, and shall incorporate client requested changes, and modifications due to actual field conditions as necessary. These plans shall include site preparation plans, planting pJans, irrigation plans, legends, installation specifications, and required installation details. Consultant shall also inc1ude a cost estimate based upon the final revegetation plans, for budgeting, bonding and bidding purposes. Focused Quino Checkerspot Butterfly Survey Consultant shall conduct a habitat assessment and an adult flight survey for the quino checkerspot butterfly in accordance with the U.S. Fish and Wlldlife Service (FWS) 2001 Survey Protocol. It is assumed for the purposes of this Scope of Work, that t8e..4~1 Survey Protocol will not differ substantially Task 6.9 Task 6.10 Task6.ll Task6.l2 from the 2000 Survey Protocol. A report will be prepared and submitted to the USFWS, Carlsbad Field Office, detailing the results of the adult survey and habitat assessment. AJl mapping will be placed in an ArcCAD file for use with other biological resources in the Geographical Information System (GIS) database. Focused California Gnatcatcher Survey If the Subarea Plan is not in place prior to permitting, Consultant shall conduct a focused survey for the California gnatcatcher in accordance with the USFWS protocol. Data collected during the survey will be used to estimate the number of California gnat catchers on the project site and to identify those areas, if any, supporting high California gnatcatcher population densities. Assessment of Impacts and Development of Conceptual Mitigation Scenarios for State and Federally-listed Plant and Animal Species Consultant shall review the proposed project alternatives with regards to impacts to state- and federally-listed plant and animal species. Consultant shall coordinate with the City regarding efforts to avoid and minimize impacts to protected species. Consultant shall quantify impacts associated with the previously identified project alternatives, and confirm that the preferred project alternative is the Least Environmentally Damaging Project Alternative (LEDP A) Section 7 Consultation, Section lO(a) Take Permit, and 4(d) Permit In the event that take authorization for any listed species that are impacted by the proposed activities is not available through the Subarea Plan, the U.S. Fish and Wildlife Service and the California Department of Fish and Game will determine the appropriate mechanism for take authorization at the time of permit application (e.g. 4(d) permitting for gnat catchers only) or (e.g. individual Section 7 consultations or lO (a) permits for gnatcatcher and quina checkerspot). Consultant shall be responsible for identifying and preparing all state and federal environmental clearances (Section 7- Consultation, Section 10(a) Take Permit, 4(d) Permit etc. identified by the resource agencies) induding preparation of all documents, permits and applications and in cooperation with the City of Chula Vista's Environmental Review Coordinator. Archeological Significance Testing Consultant shall conduct archeological significance testing on identified sites within the project disturbance area to evaluate potentially significant impacts to cultural resources. 8-47 . Element 7; Preparation of Detailed Cost Estimate Based on Final Design Task 7.1 Prepare a detailed total cost estimate for constructing the sewer interceptor. This estimate shall include but is not limited to mobilization, clearing and grubbing, acquisition of right of way, excavation, dewatering, shoring, bedding, backfilling and compaction, hauling, manholes, piping materials, metering station, micro-tunneling, pipe bursting, connecting existing facilities, pavement resurfacing or reconstruction, clean up, testing, environmental permits, encroachment permits, acquisition of mitigation land and sewer easements, utilities relocation, traffic control, environmental mitigation, overhead and profit, contingency and any other costs that may be required to construct the sewer interceptor. Element 8: Preparation of Specifications For Required Construction Task 8.] Prepare technical specifications in CSI (divisions format) in accordance with the City of Chula Vista "Boilerplate". The specifications shall include construction, traffic control, installation of various pipes, shoring, pavement reconstruction and resurfacing, materials, micro-tunneling, utilities relocation, testing, rehabilitating sections of the existing sewer interceptor, decommissioning of the pump stations, and protection and restoration of existing improvements. Element 9; Preparation of Required Right-of-Way Documents and Obtaining all Encroachment Permits Task 9.1 Preparation of Required Right-of-Way Documents. Task 9.1.1 Determine all the required right-of-way and easements necessary to construct the project. Task 9.1.2 Prepare all necessary right-of-way documents (including but not limited to legal description, easement plats, permits to enter and construct, etc.) necessary to construct the project. Task 9.1.3 Assist the City's appraisal consultant, and Right-of-Way agent as neededto obtain all tile necessary right-of-way and easements necessary to construct the proj ect. Task 9.1.4 Identify and obtain encroachment permits as deemed necessary by other agencies such as but is not limited to Caltrans, Unified Port District, Metropolitan Transit Development Board, San Diego Gas And Electric, Otay Water District, Sweetwater Authority and the City of San Diego. 8-48 Element ID: Construction Support Seryices Taskl0.! Attend pre-construction meeting and answer questions. Task 10.2 Review and approve shop drawings. Task 10.3 Review, approve and process Construction Changes within two days period ofrequest unless otherwise instructed by the Project Manager. Incorporate all Construction Changes in the "As Built" plans. Task lO.4 Periodically attend construction meetings as requested by the Project Manager. Task 10.5 Prepare "As Built" plans with all Construction Changes. B. Detailed Scope of Work For the Wolf Canyon Trunk Sewer: Element I: Data Collection and Review Task l.1 Project Kickoff Meeting Conduct a project kickoff meeting with the City of Chula Vista and other appropriate parties to discuss the overall project structure and goals. Task 1.2 Collect Exiting Data Collect previous studies, reports, aerial photos, hard and electronic, copy of the Preliminary Design Report, environmental and planning documents, and other available background information necessary for the project. Task 1.3 Present Existing Utility Data Contact local utility companies to locate existing utilities, existing sewer lines, and other pertinent information within the pipeline corridor and present the utility data on the base maps. Element 2: Project Design Task 2.1 Determine an Alignment for the Trunk Sewer Develop. pipeline alignment alternatives, and determine an alignment in conjunction with City staff, that takes into consideration; environmental constraints, constructability, existing features, topography and cost. Task 2.2 Hydraulic Analysis and design Perform hydraulic analysis and design the trunk sewer using gravity collection system to convey the flows generated from all existing and future facilities and developments within the Wolf Canyon Basin and the surrounding tributary basins. The submittal shdtn4~de a complete and detailed hydraulic report outlining the calculations, basis of assumptions, and criteria utilized in the design. Element 3: Surveying and Aerial Photography For Final Design Task 3.1 Set aerial control points along the alignment. Task 3.2 Establish horizontal and vertical control points, based on City ofChula Vista benchmarks. Task 3.3 Paint existing manholes, valves and related utilities prior to start of aerial photography Task 3.4 Prepare topographical maps at scale of 1"=20' and ] foot contour line intervals. Element 4: Geotechnical investigation and Soil Reports For Final Design Task 4.1 Perform series of borings along the proposed sewer line alignrtlent. Task 4.2 Obtain sail classification, density, and locate water table elevations, moisture contents and seismic conditions. Task 4.3 Recommend trench preparation. Task 4.4 Identify locations where micro-tunneling or pipe bursting methods will be feasible '(If necessary). Task 4.5 Evaluate soil reports and recommend structural sections for pavement reconstruction and resurfacing along the path of the alignment. Task 4.6 Pot hole, verify, and mark the locations of all exl~ting utilities along the proposed alignment. Element 5: Preparation of Final Design Drawings Task 5.] The Design drawings shall be prepared using Computer Aided Design (CAD) and all graphics shall be presented in AutoCADIDWG file format. Task 5.2 Prepare Title Sheet (minimum] sheet) and General Index Sheets (minimum 3 sheets). Task 5.3 Place baring logs on D-size sheets (minimum 4 sheets). 8-50 Task 5.4 Task 5.5 Task 5.6 TaskS.? Task 5.8 Element 6: Task 6.1 Task 6.2 Task 6.3 Prepare plans with photo strips and profiles sheets at a minimum scale of 1"=20' scale and minimum I foot interval topographic lines of the alignment (minimum 130 sheets). Plot existing utilities and prepare plans and specifications for relocating any utilities or structures that will interfere with the proposed alignment. Provide road access with turnaround to each manhole along the proposed alignment to provide access for future maintenance of the interceptor. Details connections, details of connecting existing facilities and miscellaneous piping requirements (minimum 14 sheets) Analyze the construction zone and mark areas that shall be used to stage construction operations Prepare traffic control plans required to facilitate the construction of the project and to minimize the traffic interruptions in the surrounding areas (minimum 24 sheets). Identifying Environmental Constraints, Preparing Requisite Environmental Documents and Obtaining all Related Permits Related to Final Design Environmental Document Preparation (Initial Study and Mitigated Negative Declaration or Environmental Impact Report) The consultant shall prepare an Environmental Initial Study, in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15063 (public Resources Code 21080), in order to determine if there are significant environmental impacts, the level of potential impacts and the appropriate CEQA document (i.e. Environmental Impact Report, :Mitigated Negative Declaration, etc) for the project. Consultant shall prepare the appropriate CEQ A document (i. e. Environmental Impact Report, :Mitigated Negative Declaration, etc.), including draft findings and a Mitigation Monitoring and Report Program. Generall!iological Reconnaissance and Biological Resources Technical Report As part of the preparation of the environmental document, consultant (or a qualified sub-consultant) shall prepare a biological technical report in accordance with CEQA. Said technical report shall include any required biological surveys for sensitive resources including but not limited to the Quino Checkerspot Butterfly, California Gnatcatcher and Otay Tarplant. Coordination and Meetings with Resource Agencies regarding Wetlands Permitting 8-51 Task 6.4 Task 6.5 Task 6.6 Task 6.7 Consultant shall meet with the Army Corps of Engineers (ACOE), California Department offish and Game (CDFG), U.S. Fish and Wildlife Service (FWS) and City staff to discuss permitting requirements and potential impacts to st~te- and federally-listed threatened and endangered species. Section 404 Permit Application Consultant shall identify and prepare required state and federal environmental permits (Section 404 Nationwide Permit or Section 404 Individual Permit). Section 401 Water Quality CertificatioIl1Waiver Application Consultant shall complete and submit an application fDr a Section 401 Water Quality CertificationlWaiver to the RWQCB. Section 1601 Streambed Alteration Agreement Consultant shall submit tD the CDFG an application for a Section 1601 Streambed Alteration Agreement. The application shall include a project description, a statement of purpose and need, an alternatives analysis, a discussion of avoidance and minimization of impacts, a wetland delineation, a draft mitigation plan, all associated figures and copies of the wetland permit applications submitted to the RWQCB and ACOE. Habitat Enhancement Plan (Conceptual Mitigation and Monitoring Plan), Plans and Specifications for the Revegetation/Mitigation Areas CDnsultant shall prepare a ",'fitten habitat enhancement plan, which will sel'le the purpose as a conceptual wetland mitigation and monitoring plan. The plan will be prepared as a written report in the format acceptable to the City of Chula Vista and compatible with resource agency permit requirements. The plan will summarize existing site conditions, discuss project description and impact, outline the goals of the revegetation program, detail the planting design, address plant materials sources and lead time, describe installation requirements, irrigatiDn sources, erosion controL maintenance and monitDring requirements, and outline reporting/documentation requirements. The report will be submitted for review by the City of Chula Vista, as well as submitted as tD the reSDurce agencies as a follow-up to the pennit applications. ConsultaI1t shall prepare a biddable set Dflandscape construction documents fDr the revegetatiDn areas. These plans shall be detailed-plans sufficient fDr bidding and ultimate construction. The plans shall implement the design intent of the habitat enhancement plan (conceptual mitigation plan) report, and shall incorporate client requested changes, and modifications due to actual field conditions as necessary. These plans shall include site preparation plans, planting plans, irrigation plans, legends, installation specifications, and required installation details. Consultant shall also include a cost estimate based upon the final reve~=afi1on plans, fDr budgeting, bonding and bidding purposes. 5 Task 6.8 Focused Quino Checkerspot Butterfly Survey Consultant shall conduct a habitat assessment and an adult flight survey for the quina checkerspot butterfly in accordance with the U.S. Fish and Wildlife Service (FWS) 2001 Survey Protocol. It is assumed for purposes of this Scope of Work, that the 200 I Survey Protocol will not differ substantially from the 2000 Survey Protocol. A report will be prepared and submitted to the USFWS, Carlsbad Field Office, detailing the results of the adult survey and habitat assessment. All mapping will be placed in an ArcCAD file for use with other biological resources in the Geographical Information System (GIS) database. Task 6.9 Focused California Gnatcatcher Survey If the Subarea Plan is not in place prior to penruttmg, Consultant shall conduct a focused survey for the California gnat catcher in accordance with the USFWS protocol. Data collected during the survey will be used to estimate the number of California gnat catchers on the project site and to identify those areas, if any, supporting high California gnatcatcher population densities. Task 6. I 0 Assessment of Impacts and Development of Conceptual Mitigation Scenarios for State and Federally-listed Plant and Animal Species Consultant shall review the proposed project alternatives with regards to impacts to state- and federally-listed plant and animal species. Consultant shall coordinate with the City regarding effons to avoid and minimize impacts to protected species. Consultant shall quantify impacts associated with the previously identified project alternatives, and confirm that the preferred project alternative is the Least Environmentally Damaging Project Alternative (LEDP A) Task 6.11 Section 7 Consultation, Section lOCal Take Permit, and 4(d) Permit In the event that take authorization for any listed species that are impacted by the proposed activities is not available through the Subarea Plan, the U.S. Fish and Wlldlife Service and the California Department of Fish and Game will determine the appropriate mechanism for take authorization at the time of permit ap]3lication (e.g. 4( d) permitting for gnat catchers only) or (e.g. individual Section 7 consultations or 10 (a) permits for gnatcatcher and quino checkerspot). Consultant shall be responsible for identifying and preparing all state and federal environmental clearances (S ection 7 Consultation., Section 10(a) Take Permit, 4(d) Permit etc. identified by the resource agencies) including preparation of all documents, permits and applications and in cooperation with the City of Chula Vista's Environmental Review Coordinator. Task 6.12 Archeological Signifi<gWS18Testing Consultant shall conduct archeological significance testing on identified sites within the project disturbance area to evaluate potentially significant impacts to cultural resources. Element 7: Preparation of Detailed Cost Estimate Based on Final Design Task 7.1 Prepare a detailed total cost estimate for constructing the sewer interceptor. This estimate shall include but is not limited to mobilization, clearing and grubbing, acquisition of right of way, excavation, . dewatering, shoring, bedding, backfilling and compaction, hauling, manholes, piping materials, metering station, micro-tunneling, pipe bursting, connecting existing facilities, pavement resurfacing or reconstruction, clean up, testing, environmental permits, encroachment permits, acquisition of mitigation land and sewer easements, utilities relocation, traffic control; environmental mitigation, overhead and profit, contingency and any other costs that may be required to construct the sewer interceptor. Element 8: Preparation of Specifications For Required Construction Task 8.1 Prepare technical specifications in C51 (divisions format) in accordance ,,,,ith the City of Chula Vista "Boilerplate". The specifications shall include construCtion, traffic control, installation of various pipes, shoring, pavement reconstruction and resurfacing, materials. micro-tunneling, utilities relocation, testing, rehabilitating sections of the existing sewer interceptor, decommissioning of the pump stations, and protection and restoration .of existing improvements. Element 9: Preparation of Required Right-of-Way Documents and Obtaining all Encroachment Permits Task 9.1 Preparation of Required Right-of-Way Documents. Task 9.1.1 Determine all the required right-of-way and easements necessary to construct the project. Task 9.1.2 Prepare all'necessary right-of-way documents (including-but not limited to legal description, easement plats, permits to enter and construct, etc.) necessary to construct the project. Task 9.1.3 Assist the City's appraisal consultant, and Right -of-Way agent as needed to obtain all the necessary right-of-way and easements necessary to construct the project. 8-54 Task 9.1.4 Identify and obtain encroachment permits as deemed necessary by other agencies such as but is not limited to Caltrans, Unified Port District, Metropolitan Transit Development Board, San Diego Gas And Electric, Otay Water District, Sweetwater Authority and the City of San Diego. Element 10: Construction Support Services Task 10.1 Attend pre-construction meeting and answer questions. Task 10.1 Review and approve shop drawings. Task 10.3 Review, approve and process Construction Changes within two days period of request unless otherwise instructed by the Project Manager. Incorporate all Construction Changes in the "As Built" plans. Task 10.4 Periodically attend construction meetings as requested by the Project Manager. Task 10.5 Prepare "As Built" plans with all Construction Changes. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's General Liability Insurance: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: . Digital data on CD-Rom disk in AutoCADIDWG Version 14 file format showing existing aerial photographic and Topographic maps. These data shall be used for mapping environmental features, locating existing structures and facilities, and developing base' maps for the alternative alignment analyses. . At the request of the Consultant the City of Chula Vista will provide any available "As Built" plans and records for all existing facilities that will be affected by this project. 11. Compensation: A (X) Hourly Rate Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the perfonnance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: I.(X) Not-to-Exceed Limidli"o5!in Time and Materials Arrangements Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for a lump sum of $ 1.160009 (Salt Creek $880,195 and Wolf Canyon $279,814 including all Materials, and other "reimburseables" ("Maximum Compensation"). 2.() Limitation without Further Authorization on Time and Materials Arrangement At such; tirne as the Consultant shall have incurred time and materials equal to $ Rate Schedule Categories of Employee of Consultant Name Hourly Rate Princi oal Engineer Mike Metts $125 Proiect Manager Mike Metts --.lli.2 Proiect Engineer Cecil Rehr ~ Princioal Environmentalist June Collins $130 Environmentalist Harold Weir $130 Archaeologist Brian Smith ~ CAD Drafter Pat Peterson $ 70 ClericallWord Processor Carla Walker $ 45 , 2000 if delay ( ) Hourly rates may increase by 6% for services rendered after in providing services is caused by City. 12. Materials Reimbursement Arrangement: Expenses reimbursable by the City will include messenger service and overnight delivery (actual cost), facsimile (transmission only $0.25 per page), copying ($0.05 per page). However, such cost shall not exceed the aggregate of $250 without further authorization issued in writing by the City Engineer. , 8-56 -27- 13. Contract Administrators: City: Anthony Chukwudolue, Civil Engineer, Public Services Building, 276 Fourth Avenue, Chula Vista, CA 91910 and Susan Bigelow, City Clerk. Consultant: Dudek and Associates, Incorporated. 605 Third Street, Encinitas, CA 92024 (760) 942-5147 (Phone), (760) 632-0164 (Fax) 14. Liquidated Damages Rate: None 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. () FPPC Filer 16. Real Estate Broker: Not Applicable 17. Permitted SubConsuItants: 18. Bill Processing: A. Consultant's Billing to be submitted for the following period oftime. (X) Monthlv. B. Day of the Period for submission of Consultant's Billing: (X) First of the Month C. City's Account Number: 19. Security for Performance: () Performance Bond: () Letter of Credit: () Other Security: Type: Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: . 8-57 -28- (X) Retention Percentage: 1 0% () Retention Amount: $ Retention Release Event: (X) Completion of all Consultant Services () Other: 8-58 ~{0-- ~ -- -........- ATTACHMENT ~ ~ 01Y Of CHUIA VISTA DEPARTMENT OF PUBUC WORKS ENGINEERING DIVISION Nove:m!x:r 14, 2000 File No_ 0735-10-SW219 Dudek and Associates, Inc. 605 Third Street EociIiitas, CA 92024 '. Attention:'. Cecil RclJr, Project Engineer PROPOSAL FOR THE RE-DESIGN OF THE ALIGNMENT OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR FROM 1-5 FREEWAY TO 'P STREET We received your proposal da:ted October 31, 2000 for ~ re-design of the alignment of 1h:: Salt C=k Gravity Sewer Interceptor from Inre:rstate-5 Freeway !O 7" Street- Your proposal indicates that you propose to do all the work involved in the re-design of the alignment for a total amount not-to-ex.ceed $42,762. . You are h=by authorized to proceed with the work as stated in your proposal that is necessary to accomplish the re-design. Should you have BJIY questions regarding this letter, please contact Anthony Chukwudolue, Civil Engineer at. (619) 585-5601. ~---L ~q:'- FRANK RIVERA SENIOR CIVlL ENGINEER H:\HoME\ENG rNEEl<ISEWERISEWER oolSalt Crcck\revbed-sCtJpe-of-work-letter.ae.doc 8-59 ..;-:: .:.:".=-- .",=-'i-=-::/:':;;.-;:':L':'. ",;-:, ":',5'~~~rfl\iL:..:;',s;.:;>25:~~ :=;:':'.l3~ '-':':.~ ATTACHMENT L./. SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUDEK & ASSOCIATES, INC FOR THE PROVISION OF ENVIRONMENTAL AND ENGINEERING SERVICES REQUIRED FOR THE FINAL DESIGN AND CONSTRUCTION OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR AND THE WOLF CANYON GRAVITY SEWER INTERCEPTOR TillS SECOND AMENDMENT TO THE AGREEMENT FOR ADDITIONAL CONSULTANT SERVICES is entered into as of August 21, 2001, by and between the City of Chula Vista (CITY) a municipal chartered corporation of the State of California, and Dudek & Associates (CONSULTANT) RECITALS: WHEREAS, the City Chula Vista, by Resolution 19484 on June 8, 1999, approved an agreement with Dudek & Associates to provide environmental services and a preliminary design for the Salt Creek Gravity Sewer Interceptor; and WHEREAS, the City Chula Vista, by Resolution 2000-140 on May 2, 2000, approved an agreement with Dudek & Associates to provide for the provision of environmental and engineering services required for the final design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer; and WHEREAS, since then, due to changes in the project alignment, there was a need for additional consultant services in order to prepare the final design plans necessary for the construction of the Salt Creek Gravity Interceptor, which resulted in the first amendment to the contract that was approved at a staff level; and; WHEREAS, the City further requires Dudek & Associates to provided additional consultant services not anticipa,ted in the original contract and first amendment in order to conStruct the trunk sewer line; and - WHEREAS, City staff cannot perform the work outlined below due to lack of available staff and! or lack of expertise to provide the stated services, and that the approval of this amendment will result in enhanced continuity of the project and expedite the timely completion of the project, and; 8-60 l , NOW, TBERFORE BE IT RESOLVED, that the parties do hereby mutually agree that the agreement is hereby amended as follows: 1. Exhibit A, Section.s 8A and 8B, are hereby amended to add the following to the Detailed Scope of Work for the Salt Creek Gravity Sewer and the Wolf Canyon Sewer; 8. Defined Services A. Scope of Work For the Salt Creek Gravity Sewer Interceptor: Element 3: Monumentation Perpetuation Survey The work to be done under this task is exclusively for surveying of existing found monumentation, the perpetuation (replacement) thereof and filing' of two (2) Records of Survey with the County of San Diego in accordance with Section 8771 of the California Land Surveyors Act. It specifically involves the following tasks: Task 3.5 Task 3.6 Task 3.7 Task 3.8 Task 3.9 County of San Diego Map Research Review all recorded maps within the area of con.struction for road improvements along 12,000 lineal feet of Main Street from Broadway to Interstate-80S Freeway. Monumentation Tie Out Locate and reference with durable monumentation all found monumentation with the above-described area of con.struction. Preparation of Record of Survey Prepare 2 Records of Survey showing all found and set monuments and reference points within the above described area of construction. Record the Record of Surveys with County of San Diego Set Monumentation Re-set approximately 25 % of all found monumentation per City of Chula Vista request with durable monument at finish grade. Dudek and Associate.s shall stake out for construction and stamp monument after construction as shown on the second Record of Survey mentioned herein Supervision and Calculations Provide field supervision, attend field meetings and perform calculations directly related to the field surveying tasks listed previously in order to improve the efficiency of the survey field staking 8-61 Element 11: Construction Surveying (All Phases) Phase One: Phase Two: Phase Three: Phase Four: Task 11.1 Task 11.2 Task 11.3 Task 11.4 Main Street from Hollister Ave. to Interstate-805 Freeway (14,300 l.f.) Main Street from Hollister Ave. to Interstate-5 Freeway (2,412 1.f) Otay Valley Road from Interstate-805 Freeway to approximately 10,800 I.f easterly (11 ,000 Lf.) Otay Valley Road from Station 301+50 to 517+00 & 562+00 to 625+50 (28,000 I.f.) Sewer Stakes Provide one set of stakes for approximately 55,712 lineal feet of mainline sewer on 25-foot intervals at .an offset agreed upon by the City of Chula Vista, the Contractor (to be named) and Dudek and Associates. Stake approximately 47 manholes with one gr;tde stake and one line stake. Control Densification Condense horizontal and vertical control on the Otay Valley Road portion of the sewer main Consultation and Meetings Consultation, coordination and meetings with the City of Chula Vista and processing of the required field data and cut sheets. Supervision and Calculations Provide field supervision, attend field meetings and perform calculations directly related to the field surveying tasks listed previously in order to improve the efficiency of the survey field staking. Element 12: Geotechnical investigation and Soil Reports For Micro-Tunneling Task 12.1 Task 12.2 Field Exploration, including excavation of twelve exploratory borings along the proposed tunnel alignment. A truck-mounted drill rig will advance the borings. It was assumed that alluvial conditions will be encountered on the majority of the borings and that not more than three holes will encounter debris/concrete that will necessitate a large diameter drill rig to advance the hole beYOnd the obstructions. If refusal is encountered with a conventional drill rig, an air percussion dri1l rig will drill through the obstructions. It is estimated that no more that 20 feet of drilling will be necessary with the air percussion rig. Laboratory Testing, including 3 unconfined compression test on cobbles or . formational materials if encountered, or 3 Atterberg Limits tests on clays, if encountered. 8-62 , I ! Task 12.3 Meetings, estimated at eight hours total. Task 12.4 Office Analysis and Report Preparation, including boring logs at each drilling location and addressing the geotechnical conditions at the locations of each boring along with laboratory testing results consisting of moisture content, density, and corrosion characteristics of the soils encountered. We will also provide geotechnical design information to aid the contractor in the selection of the most appropriate method and equipment type. If groundwater is encountered, we will also provide an evaluation of the potential for liquefaction of the alluvial materials. Task 12.5 Prepare submittal of Package for Caltrans. Task12.6 Engineering Oversight of geotechnical Investigation. Element 13: Tunneling Operations Oversight Task 13.1 Review Project Feasibility and Design to Date: Consultant will include a review of the proposed tunnel alignment with respect to soils survey and anticipated soils conditions, shaft locations, selection of acceptable tunneling methods, and shaft construction methods, and implementation of any needed changes or modifications to the layout and design of the tunneling operations. Task 13 .2. Risk Mitigation Review: In conjunction with 13.1 above, Consultant will review the potential risks on the project, be they potential settlement caused by tunneling, the selection of tunneling method and technique, potential . obstructions or delays, special areas of concern (local structures or freeway or road crossings, etc.) to identify and reco=end methods to minimize these impacts on the project. Task 13.3. Review of the proposed project documents relative to all aspects of the tunneling operations. The emphasis of the review shall be to ensure compJianse with all standards, codes, and regulations governing or applicable to the work, as well as appropriate engi.neering design of the tunneling work. Task 13.4. Preparation of tunneling specifications for inclusion in the final project bid documents. Prepare appropriate construction notes and construction details for inclusion in the bid documents. Task 13.5. Pre-qualification of tunneling contractor either before or during the bid 8-63 Task 13.6. Task 13.7. Task 13.8. Task 13.9. Task 13.10 Task 13.11 Task 13.12 process. Review of all contractor's tunneling submittals, shop drawings, and calculations in order to judge whether or not the proposed equipment, personnel, materials, and procedures are in compliance with the contract requirements . Oversight of the contractor's compliance with the lawful requirements of the affected public agencies, owners of public utilities, all federal, state and local jurisdictional agencies or other facilities respecting the safeguarding of traffic, structures, and improvements which might be endangered by the tunneling operations. Inspection On Site: Consultant shall perform periodic visits to the site (Le. initially during tunneling equipment set-up and the start of the tunneling operations and then periodic part day visits (2 or 3 per week, as appropriate) and be available for telephone discussion and daily contact with the project designer, City, and contractor to resolve anyon-site problems that may arise during construction. Training of Engineer and Inspector Staffmg: Consultant shall have at least a 2 day training session on the project site with City staff followed by an on-site orientation (in a written form) with the set-up and type of equipment being used for the tunneling, including a description of acceptable and unacceptable operations on site. Review of Tunneling Operation: Consultant shall provide inspection and training and act as a liaison with the site inspection team on an ongoing basis (and after completion of each tunnel segment). Consultant shall also provide the key parameters for the tunnel operation, and, if possible, improve the contractor's technical performance to reduce the probability of site problems. Reco=endations by Consultant: The Consultant may be required to make reco=endations before, dUririg, and after construction operations regarding. alternate methods and procedures based upon previous tunneling efforts and upon the Consultant's own obserVations. These reco=endations shall include, but not be limited to, requirements for tunneling machinery, pipe jacking equipment, establishment and monitoring of surface settlement points along the pipe alignment, design criteria, determination of acceptable pipe installation tolerances, contractor qualifications, and contractor submittal requirements. Consultant's assigned Plf~~el shall possess the technical knowledge and related work experience in all phases and types of tunneling to satisfy the requirements of this contract. The City shall have the right to make a determination as to the qualifications of individual personnel and shall have the right to require substitution of non-qualified individuals with qualified personnel. . Task 13.13 Maintenance of Project Records: Consultant shall provide copies of all original reco=endations, review co=ents, meeting notes, field notes, data, reports, records, etc. of field and office tasks to the City of Chula Vista. FUrther, the Consultant shall maintain copies of all records related to field and office tasks performed under the contract for a minimum of five years from the date of the work, including all calculatioDS, reports, etc. This period may be extended during the course of any unresolved litigation or when requested by the City of Chula Vista at no additional cost. B. Detailed Scope of Work For the Wolf Canyon Trunk Sewer: Element 11: Construction Surveying (All Phases) Task 11.1 Task 11 .2 Task 11.3 Task 11.4 Sewer Stakes Provide one set of stakes for approximately 15,000 lineal feet of mainline sewer on 25- foot intervals at an offset agreed upon by the City of Chula Vista, the Contractor (to be named) and Dudek and Associates. Stake approximately 47 manholes with one grade stake and one line stake. Due to the minimal pipe slope we will use conventional leveling methods to establish the elevation of the sewer offset reference points. Control Densification Condense horizontal and vertical control using original GPS Consultation and Meetings Consultation, coordination and meetings with the City of. Chula Vista processing of the required field data and cut sheets. A maximum of 8 hours is included in this proposal based upon our estimate of the scope of services. Additional hours for consultation and meetings will be upon prior . . approval of the Client. Supervision and Calculations: Provide field supervision, attend field meetings and perform calculations directly related to the field surveying tasks listed previously in order to Lrnprove the efficiency of the survey field staking. 8-65 '. C. Detailed Scope of Work For the.Main Street r~onstruction Proj~t This section is exclusively for design survey of Main Street from Broadway Ave. to . Highway 805. This will include densification of horizontal and vertical control within project limits, cross section topo and storm drain crossings. Element 1: Design Surveying Task 1.1 Field Survey: Densify Horizontal and Vertical Control, Street cross section topography and storm drain structures location. Task 1.2 Project Management Meetings, Conferences, Project planning, Coordination and review. Task 1.3 Survey Analysis Prepare field package, reduce field data, plots and preparation of submittal package. Task 1.4 Field Supervision Field crew scheduling, Field crew and client coordination. Element 2: Construction surveying This section is exclusively for surveying controlling the placement of the AC paving only. Appurtenances to water, sewer or dry utilities are excluded from this proposaL Task 2.1 Task 2.2 Improvement Stakes.;.. Provide one set of stakes for approximately 12,000 lineal feet for centerline control on 50-foot stations at a 10-foot offsets to the left and right of centerline. Provide One set of stakes for approximately 13 ,650 lineal feet of the edge of the pav=ent at 50-foot stations in areas that currently do not have COncrete curb and gutter. In areas that have a minimal street grade of less than 1 % Dudek and Associates will use conventioIla! leveling methods to establish the elevation of the offset reference points. Consultation and Meetings: Consultation, coordination and meetings with the City of Chula Vista processing of the required field data and cut sheets. A maximum of 8 hours is included in this' proposal based upon our estimate of the scope of services. Additional hours for consultation and meetings will be upon prior approval of the Client. 8-66 Task 2.3 Supervision and Calculations: Provide field supervision, attend field meetings and perform calculations directly related to the field surveying tasks listed previously in order to improve the efficiency of the survey field staking. 8-67 Second Amendment Cost Su=ary The consull3nt proposes to do the work involved in the various tasks for the following "N ot to Exceed" amounts. a. Salt Creek Gravity Sewer Interceptor (SW219) Construction Surveying - Phase One $35,400 Construction Surveying - Phase Two $6,650 Construction Surveying - Phase Three $29,700 Construction Surveying - Phase Four $73,205 Monumentation Perpetuation Survey $68,270 Geotechnical Services $38,665 Tunneling Operations Oversight $130,760 Subtotal $382,650 b. Wolf Canyon Trunk Sewer (SW225) Construction Surveying $41,230 c. Main Street Reconstruction Project (STM332) Design Surveying $25,770 Construction Survey $51,600 Subtotal $77,370 Total Contract Amendment $501,250 The proposed amendment will increase the contract with the CONSULTANT as amended, by $501,250 if) <: '.vlJ.! of $1,704,021. 8-68 ATTACHMENT 5 ":- .lit- ... .. THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUDEK & ASSOCIATES, INC FOR THE PROVISION OF ENVIRONMENTAL AND ENGINEERING SERVICES REQUIRED FOR THE FINAL DESIGN AND CONSTRUCTION OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR AND THE WOLF CANYON GRAVITY SEWER INTERCEPTOR TIllS TInRD AMENDMENT TO mE AGREEMENT FOR ADDmONAL CONSULTANT SERVICES is entered into as of August 27, 2002, by and between the City ofChula Vista (CITY) a municipal chartered corporation of the State of. California, and Dudek & Associates (CONSULTANT). RECITALS: WHEREAS, the City Chula Vista, by Resolution 19484 on June 8, 1999, approved an agreement with Dudek & Associates to provide environmental services and a pre1imin~ry design for the Salt Creek Gravity Sewer Interceptor; and WHEREAS, the City Chula Vista, by Resolution 2000-140 on May 2, 2000, approved an agreement with Dudek & Associates to provide for the provision of environmental and engineerip.g services required for the final design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer; and WHEREAS, since then, due to changes in the project alignment, there Was a need for additional consultant services in order to prepare the final design plans necessary for the conStruction of the Salt Creek Gravity Interceptor, which resulted in the first amendmerit to the contract that was approved at a stajI level; and; . - WHEREAs, since then, due to changes in the project alignment, there was a need for additional consultant services in'order to prepare the final design plans n~ for the construction of the Salt Creek Gravity Interceptor, which resulted in the second amendment to the contract that was approved by City Council on August 21, 2001, by Resolution No. 2001-272; and; . :, WHEREAS, the City further requires Dudek & Associates to provided additional cOnsultant services not anticipated in the original contract, first and second amendment i:ri. order to construct the trunk sewer line; and 8-69 WHEREAS, City staff cannot Perform the work outlined below due to lack of available staff and! or lack of expertise to provide the st:a:tcd services, and that the approval of this amendment shall result in enhanced continuity of the project and expedite the timely completion of the project, and; NOW, TEERFORE BE IT RESOLVED, tbattheparties do hereby mutually agreetbatthe agreement is l;1ereby amended as follows: 1. Exhibit A, Sections 8A and 8B, are hereby amended to add the following to the Detailed Scope of Work for the Salt Creek Gravity Sewer and the Wolf Canyon Sewer; 8. Defined Services A. SCOPE OF WORK FOR THE SALT CREEK GRAVITY SEWERINTERCEP:I'OR ELEMENT 3: SURVEYING AND AERIAL PHOTOGRAPHY Task 3.10 Phase ill Additional SurveyinglMapping Services (SD water line) Consultant shall provide the additional surveying services for Phase ill of the project as required to accommodate the evaluation and handling of Pipeline No.2 installed by the City of San Diego. These additional services include: a Additional aerial mapping of an approximate 3000'(+/-) corridor where the Salt Creek Trunk Sewer line parallels the City of San Diego's Pipeline No.2. The survey should be adequate to update information on the Salt Creek plans resulting from impacts of the installation of a 48-inch water pipe by the City of San Diego. b. Additional surveying services required to provide right-of-way staking along the limits of the restricted areas, in order to facilitate the biological surveys within the restricted areas. Provide surveying services necessary for staking the limits of t1J.e right of entry access. Task 3.11 Hollister St Alignment and Aerial Mapping Ccinsultant shall provide additi;nal aerial mapping of Hollister Street required" to prepare design plans for the proposed "Interim Connection" to the City of San Diego Otay Industrial Center (Ole) line. Task 3.12 Additional Phase I Monument Perpetuation Se~ces -- Services under this task comprise the surveying of existing found monumentation, the perpetuation (replacement) thereof, and filing of two (2) Rece:..~ RfSurvey or Corner Records with the County of San Diego in accordance with Section 8771 of'fhe C'aIifornia Land Surveyors Act for conStrliction activities associated with the Salt Creek project The following is a list of services to be performed under this task: Field Crew Prepaf'ation, County of San Die$!o Map Records Research and Calculate Record Maps: Consultant shall review recorded maps within the area of construction for the Salt Creek Phase I project from Station 12+6420 to Industrial Boulevard, approximately 30 feet each side of the proposed construction alignment. Consultant shall setup and coordinate with field crews, and reduce field notes. Momunentation Tie Out: Consultant shall locate and reference with durable monumentation found monuments with the above-descnOed area of construction. Preparation of Record of Survey: Consultant shall prepare two (2) Records of Surveyor Co= Records (which ever is appropriate) showing found and setmonuments, andreference points within the above descn"bed area of construction. Consultant shall record the Record of Survey with the County of San Diego, and calculate record maps researched atthe County of San Diego. Set Morrumentation: Consultant shall re-set twenty-five percent (25%) offound monuments within the area of construction in accordance with City of Chula Vista requests with durable monuments at finish grade. Services do not include constructing'any well monuments. The Consultant shall stake out for construction and stamp monuments after construction as shown on the second Record of Survey mentioned herein. SlllJervision and Calculations: Consultant shall provide field supervision, attend field meetings, and perform calculations directly related to the field surveying tasks listed above to improve the efficiency of the field staking services. Services under this task exclude utility coordination (to be conducted by the City), revisions of plans necessitated because of Client or Client's consultant's changes to the design criteria, obrnining permission from off site property owners for work outside of Client's area of ownership, construction inspection and superv:isi.on, as-built surveys, surveys for construction of bUttress fills or for borrow I disposal sites, c~9Slniction surveys for landscaping andlor irrigation irD.provements or private sideWalks, restaking for any purpose or reason (unless authorized to do So as additional work), design of intenm erosion control facilities, retaining walls, certifications, changes that are inco~t with written City 'approvals or instructions previously given,pr are required by the enactment or revision of codes, laws, or regulations subsequent to the l'lt;=.ilion of such documents, presentations and preparation of documents and exlnbits for hearings, commmrity groups . or review committee, and blueprinting I reproduction services. Task 3.13 Phase III Monument Perpetuation Services Services under this task comprise the surveying of existing found monumentation, the perpetuation . :(replacement) thereof, and filing of two (2) ~!'f1ds ofSur'vc;y or Co= Records with the County of San Diego in accordance with Section &771 of the California Land Surveyors Act for construction activities associated with the Salt Creek project The following is a list of services to be performed under this task: Field Crew Preparation, County of San Die~o Map Records Research and Calculate Record ~: Consultant shall review recorded Pl3Ps within the area of construction for the Salt Creek Phase ill project along 30,000 linear feet of the Salt Creek Interceptor east ofHighway &05 along Otay Valley Road to approximately 20 feet south of the City of San Diego fee strip for water pipeline, varying 40- to 121- feet in width over the length of the construction alignment Consultant shall setup and coordinate with field crews, and reduce field notes. Morrumentation Tie Out: Consultant sballlocate and reference with durable monumentation found monuments with the above-descnDed area of construction. Preparation of Record of Survey: Consultant sball prepare two (2) Records of Surveyor Comer Records (which ever is appropriate) showing found and set monuments, and ref=ce points within the above described area of construction. Consultant shall record the Record of Survey with the County of San Diego, and calculate record maps researched at the County of San Diego~ Set Monumentation: Consultant shall re-set twenty-five percent (25%) offoundmonuments within the area of construction in accordance with City ofChula Vista requests with durable monuments at finish grade. Services do not include constructing any well monumentation. The Consultant shall stake out for construction and stamp monuments .after construction as shown on the second Record of Survey mentioned herein. Supervision and Calculations: Consultant shall provide field supervision, attend field meetings, and perform calculations directly related to the field surveying tasks listed above to improve the efficiency of the field staking services. Services under this task exclude utility coordination (to be conducted by the City), revisions of plans necessitated because.of Client or Client's consultant's changes to the desigil. criteria, obtaining permission from ofI site property owners for work outside of Client's area of ownership, construction inspection and ~ion, as-built surveys, surveys for construction of buttress fills or for bOrrow / , disposal sites, 'cOnstruction surveys for landscaping and/or inigation improvements or private sidewalks, restaking for any puipose or reason (unless authorized to do so as-additional work), design of interim erosion control facilities, reta4llng walls, certifications; changes that are inconsistent with written City approvals or instructions. previously given or are required by the . enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents, presentations and preparation of documents and exhibits for hearings, co=unity groups or review committee, and blueprinting / reproduction services. 8-72 Task 3.14 Phase IV Monument Perpetuation Services Services under this task comprise the surveying of existing found monumentation, the pexpetuation (repla=ent) thereot: and filing of two (2) Records of Survey or Comer Records with the CoUIrty of San Diego in accordance with Section 8771 of the California Land Surveyors Act for construction activities associated with the Salt Creek project. The following is a list of services to be performed under this task: Field Cnw Preparation. County of San Dief<o Map Records Research and Calculate Record Maps: Conscltant shall review recorded maps.within the area of construction for the Salt Creek Phase N project along 9,200 linear feet of the Salt Creek Interceptor approximately 20 feet south of the City of San Diego fee strip for water pipeline to the north line of the Brookfield Shea Otay LLC property, approximately 20 feet each side of the proposed construction alignment. Consultant shall setup and coordinate with field crews, and reduce mMoo~. . Monumentation Tie Out: Consultant shal1locate and reference with durable monumeIrtation found monuments with the ahove-described area of construction. Preparation of Record of Survey:. Consultant shall prepare two (2) Records of Surveyor Comer Records (which ever is appropriate) showing found and set monuments, and reference points within the above described area of construction. Consultant shall record the Record of Survey with the County of San Diego, and calculate record maps researched at the Cotmty of San Diego. Set Monumentation: Consultant shall re-set found monuments within the area of construction in accordance with City of Chula Vista requests with durable monuments at finish grade. Services do not include constructing any well monumeIrtation. The Consultant shall stake out for construction and stamp monuments after construction as shown on the second Record of Survey mentioned herein. SUlJervision and Calculations: Consultant shall provide field supervision, attend field meetings, <IIld perform calculations directly related to the field surveYing tasks listed above to improve the efficiency of the field staking services. Services under this task exclude utility coordination (to be conducted by the City), revisions of plans necessitated because of Client or Client's consultant's changes to the desIgn criteria, obtaining peIIDission from off site property owners for work outside pfClient's area of ownership, construction inspection and supervision, as-bWlt surveys, surveys for construction of buttress fills or for borrow / disposal sites, construction surveys for landscaping arid! or irrigation improvements or private sidewalks, restak:ing for any purpose or reason (unless authorized to do so as additional work), design of interim erosion control facilities, retaining walls, certifications, changes that are inconsistent with written Citr approvals or instructions previously given or are required by the .enactment or revision of codes, laws, or regulations supsequent to the preparation of such 8-73 do=ents, presentations and preparation of doCuments and exhibits for hearings, co=unity groups or review committee, md blueprinting I reproduction services. Task 3.15 Additional As-Needed S1U'Veying Services During completion of the construction phase of the Salt Creek project, the Consultant may be required to provide additional surveying services, including, but not limited to, as-needed pothole surveying, design surveying, and location of existing utilities and structures, which are not covered under other surveying tasks of the project scope. It is considered prudent to provide budget allocation for these surveying services to facilitate timely completion of the Salt Creek project. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the purposes of scope definition, an initial budget is assumed.. Consultant shall"provide assistance in accordance with Consultant's written Schedule of Values (attached) as required by the City and its agents within the( initial budget for this task. Services reqUired beyond that which can be funded by the initial budget shall be provided as an additional service upon authorization by the City. Consultant shall only conduct work under this task as approved and authorized by the City. The City shall provide written approval for Consultant to attributed services to this task. Email approvals from the City for services under this task shall be considered written authorization. Element 4: Geotechnical Investigations & Soils Reports Task 4.7 Additional Phase II Geotechnical Services Consultant shall provide additional geotechnical services necessary to determine the soil conditions along the path of the alignment of the Salt Creek Gravity Sewer between Industrial Blvd and the Metro Connection (West ofI-5 Freeway on W. Frontage Road). A soils report shall be provided upon completion of the work. Task 4.8 Additional Phase ill Geotechnical Services Consultant shall provide additional geotechnical services necessary to deterniine the soil conditions along the path oftl;1e alignment of the Salt Creek Gravity Sewer witljin the area where the Salt Creek Interceptor paraIi~ls San Diego Pipeline No.2 of Phase Ill. This task requires additional services to determine the" areas that may require special construction methods (i.e. blasting) rather than conventional methods to install" the pipes. - 8-74 ELEMENT 5: PREP ARATIONOF DESIGN DRAWINGS Task 5.9 Design Plans for Interim Sewer Connection Consultant shall prepare design plans to facilitate the co~ction of the temporary connection of the Salt Creek Interceptor Sewer to the City of San Diego 's Otay Industrial Center (0lC) Sewer line on Hollister Street. Task 5.10 Phase II Design Completion The Consultant shall provide specifically identified design adjustments for the completion of the Phase IT portion of the project. These specific design adjustments include:. the redesign of Phase U in a manner as to stay within the City of Chula Vista boundaries, a vertical realignment of the Phase IT pipeline alignment without change to the horizontal alignment, resolution of impacts with an existing 33-inch storm drain, revisions to the specifications to incorporate open excavation specifications, repackaging of the entire Phase IT construction documents, new and revised traffic control plans, new Caltrans permitting negotiations, a revision to the City of San Diego permits for the Phase II project and any other plan check changes deemed necessary to facilitate the completion of Phase IT of the Salt Creek project which do not significantly change the project. Where the City requires the Consultant to make changes to the proj ect that would be cOnsidered sigirificant, City and Consultant shall meet in good faith to negotiate adequate compensation. Task 5.11 Phase m Design Modifications The Consultant shall evaluate, redesign and prepare revised plans for the Phase ill portion of the pipeline to accommodate a reduced pipeline diameter as requested by the City. Task 5.12 Ph.ase IV Design Completion The Consultant shall provide specifically identified adjustments to the Phase IV design to include the design of a dual pipeline system, diversion structures, buried manholes, and incorporation of the SCADA system desigil. Task 5.13 Additional Phase II Traffic Plans (Main St) The Consultant shall provide additional traffic control plans to accommodate the specific revisions to Phase IT of the project as described in Task 5.11 above- . Task 5.14 Additional Traffic Control PlanS for Interim SewerCoilnection The Consultant shall provide traffic controLplans necessary for the co~tion of the interim sewer . connection as described in Task 5.9 above. 8-75 Task 5.15 Phase II & ill Additional Structural Design The Thnsultant shall providtSpeci:fic additional structural d~igns re~arding Phase II & ill of the project to include: redesign of a 48-inch storm drain to a dual-box culvert design, design of a special drop structure, and design of a structural junction structure. Task 5.16 Phase m & IV Electricallnstnunentation Design The Consultant shall provide electrical design for the implementation of a Super-visory Control and Data Acquisition (SCADA) System within the limits of Phases ill and IV of the project. Task 5.17 Phase m. Storm Drain Interceptor Evaluation The Consultant shall evaluate the incorporation of storm drain interceptor facilities for the Phase ill portion of the project for the speci:fic purpose of intercepting low flow storm water runoff. Task 5.18 Phase IV Rehabilitation of Existing 24" Sewer (initial budget) The Consultant shall evaluate the existing 24-inch pipeline that connects Phases ill and IV of the project The existing pipeline has :filled with groundwater since its construction. City staff shall drain and videotape the existing pipeline, and provide copies of the tapes and other relevant records to the Consultant The Consultant shall review and evaluate the video inspection tapes and determine corrective actions necessary to seal the identified sources of groundwater infiltration. The Consultant shall design the specific corrective actions identified from the evaluations and prepare the necessary documents required to facilitate the rehabilitation of the pipes, as approved by City staff. Since video inspection of the existing pipeline has not been completed as of the writing of this amendment and the specific nature of the corrective actions cannot be determined, this task has been defined to include an initial budget of $25,000. It is anticipated that this task can be completed within the allocated budget If services beyond the identified initial budget are required, appropriate scope and fee adjustments will be provided to acco=odate the requested services of the Consultant Task 5.19 Rem.o:ve Pump Station Decommissioning Services The original agreement included the preparation of decommissioning plans for the following pump station (PS) facilities: OtayLakesRoadPS; . Olympic Parkway PS; Olympic Training Center (OTC) PS; and Auto Park PS. The Salt Creek Interceptor project has been designed to provide gravity service to these facilities. The City has made other arrangements for th~~l1'i!?mmissioning of the Otay Lakes Road PS, , OlympiC Parkway PS, and aTe PS, therefore the 'Consultant is no longer required to prepare decommissioning plans for these facilities and the services are hereby removed from the project scope. However, the Consultant remains obligated to prepare decornrnissioning plans, specifications and cost estimates for the Auto Park PS. ELEMENT 6: ENVIRONMENTAL COMPLIANCE DOCUMENTATION. Task 6.13 Prepare Conceptual Wetland Mitigation Plans This task is proposed to address the requirements of the permitting agencies as a result of their prelimin~ry responses to the permit applications submitted to date. The conceptual wetlands mitigation plans shall need to include both the creation/enhancement portion of the mitigation and the restoration oftemporary impacts. CDFG staffbas required that the two mitigation components be addressed in a single conceptual plan. Therefore, the compensation includes enhancement/creation work and restoration work based on the presumed minimum requirements and anticipated maximum project impacts. The Consultant shall prepare conceptual mitigation plans to the satisfaction of CDFG, ACOE and RWQCB pursuant to their requirements for issuing the necessary permits for the project. Task 6.14 Focused Surveys For Quino Checkespot Butterfly Consultant shall conduct an adult flight survey for the quino checkerspot butterfly in accordance with the U.S. Fish and Wildlife Service (FWS) 2000 Survey ProtocoL The scope of work includes an updated habitat assessment before or during the first week of the butterfly Season in the year 2002. The habitat assessment shall identify portions of the project corridor that shall require an adult survey, based on any changed field conditions that may have occurred since the last survey period.. The assessment shall include a general field survey where appropriate habitat characteristics shall be mapped onto an enlarged (200 percent) U.S. Geblogical Survey (USGS) 7.5 minute topographic quadrangle IIiap, as requested by the USFWS. Consultant shall conduct an adult flight survey for the quino checkerspot butterfly in accordance with the USFWS 2000 survey protocol. Butterfly surveys shall be conducted once per week: for five consecutive wee\G. The dates of the butterfly survey season shall be determined by the USFWS based on monitoring of reference sites. Surveys should only be conducted under acceptable weather conditions: dry weather; winds less than 15 mph; temperatures in the shade above 60. Fahrenheit on a clear, sunny day; and temperatures in the shade above 700 Fahrenheit on an overcast or cloudy day. Any adult quino or larvae detected on . the site shall be mapped onto the 200-scale base map and according to the USFWS 2000 protocol, may be captured.. Quino larval host plants also shall be mapped onto the base map. If a known or suspected quino checkerspot butterfly or larvae is detected on the site, Consultant is "n;quired by the USFWS to report the finding within 24 hours by phone and FAX. Consultant shall . nOtify the City of the finding prior to notif)&:g7tie USFWS: . Within 45 days oftbe close of the adult flight season, a report shall be submitted to the USFWS, Carlsbad Field Office, detailing the results. of the adult survey and habitat assessment. The report shall include all biologists working on the project, with precise survey times and weather conditions, a site assessment map with larval host plant locations, a list butterflies observed during weekly surveys and photographs of any suspected quino larvae or butterllies. This report sball be submitted to the City for review, prior to submitting to the USFWS. All mapping shall be placed in an ArcCAD file for use with other biological resources in the Geographical Information System (GIS) database. Task 6.15 General Mitigation Monltoring Consultant shall review all mitigation measures required by the EIR and detailed in the Mitigation Monitoring and Reporting Program and identify all measures that have not yet been satisfied, or that require ongoing monitoring. Consultant shall coordinate with the appropriate responsible parties to ensure that all measures are carr.ied out. This task includes review of plans and specifications to ensure that measures to be included in the design Stage are implemented, as well as field monitoring at the appropriate frequency and duration to ensure that all measures that are to be implemented in the field are satisfactorily completed. lbis task includes monitoring for mitigation measures related to land use, traffic, hydrology, aesthetics, geology and soils, air quality and cultural resources. Task 6.16 Biological Mitigation Monitoring Consultant shall review all biological mitigation measures for the project that Were proposed under the "Without the Subarea Plan" scenario. The measures include those that require review of plans and specifications, and those that require field monitoring. For the measures requiring plan review, Consultant environmental staff shall work with the design engineers to ensure that the design of the facilities conforms to the requirements of the mitigation measures. The focus of this effort shall be to develop construction documents that clearly delineate areas where sensitive biological resources must be avoided during construction, including .the placement of construction fences or other barriers. In addition, Consultant sball ensure that the measures relating to the timing of construction activities, and restrictions related to construction noise and disturbances are clearly defined in the specifications for the contractor. During constructi9n, Consultant shall monitor construction activities to ensure that the measures outlined in the specifications are adhered to, and that construction activities remain within the prescribed limits. Monthly field;visits are proposed throughout the construction_of Phases 3 and 4 of the pipeline to accomplish this effort. Consultant shall report the findings of the monitoring in monthly monitoring reports. . Task 6.17. Paleontological Construction Monitoring Consultant has retsined the San Diego Natural History Museum to perfor;m paleontological field monitoring for Phases 2, 3 and 4. The monitoring shall consist of one qualified paleontologist present during all phases of construction. ~s are detected, excavation work shall be . conducted and resources shall be curated. The length of tP.e proposed ;Phase 2 pipeline is 2,403 linear feet, the Phase 3 pipeline is 32,431 linear feet, and the length. of the proposed Phase 4 pipeline is 6,400 linear feet For Phases 2, 3 and 4, his assumed that the trench production pace sballaverage 200 linear feet/day. This equates with a trenching schedule of 12 days, 162 days and 32 days, respectively. The proposed budget assumes an average of 4-hours/ day for monitoring of trench excavation operations. The mitigation excavation and curation portions of the scope and budget are designed to complete the mitigation program. Finding the fossils is only the first step. They then have to be collected (excavated) and removed from their enclosing rock matrix andstahilized so that they can be pl~ . into a scientific institution for permanent storage and/or display. Previous mitigation projects have shown that, on average, preparation time equals approximately 35% offield time. Cataloging and storage represent the final phases of mitigation and result in production of a specimen inventory of recovered fossils and permanent storage of the cqllection at the Museum. The uncertainty of fossil salvage should be stressed, since even with careful planning the true significance of a site cannot be known until after the earthwork is well underway. It is in this spirit of uncertainty that the not -to-exceed figure is proposed. In some cases, as the eanhwork: proceeds, it may be det=ined that half time monitoring is unwarranted due to a lack of unearthed fossil material. In these instances the monitoring time shall be cut back accordingly. Excavation and curation activities are also tied to fossil productivity (no fossils, no sal"age or preparation) and as such, the amount of time spent on these tasks sball vary from proj ect to proj ect The only fixed costs are those related to field monitoring and final report preparation.. Task 6.18 Noise Measurements Of Construction Activities Consultant sball perform measurements of coDstruction noise from existing construction activities to determine a baseline for potential noise generation in sensitive habitat locations. Measurements sball be conducted over a two-day period to determine the sound levels based on the dBA (Leq) standard (one hour average). Task 6.19 Meetingsl Project ManagementIDirect Costs During the course of the work:, it is anticipated that additional project meetings shall be required to coordinate the work of the Consultant and Subconsultant This task assumes that project meetings shall continue on a monthly ba;;is, and that the duration of the proposed services would continue through the end of construction. 8-79 Meetings. During the completion of the Salt Creek: project, a significantly increased number of project meetings were and continue to be required.. 1b.ese meetings were a!Jove and beyond that anticipated by the original proj ect scope. Additional compensation is provided to the Consultant to address these increased meetings and those meetings needed to complete the project. Direct Costs. Direct costs that are associated with the proposed additional services may include mileage, reproduction of documents, postage and delivery charges, and other direct costs necessary for the completion of the specific services requested. Task 6.20 Additional As-needed Environmental Services Additional environmental services will be provided on an as-needed basis at the request of the City. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the pllIposes of scope definition, an initial budget is assumed.. Consultant sball provide assistance in accordance with Consultant's written Schedule of V alues (attached) as required by the City and its agents within the initial budget for this task. Services required beyond that, which can be funded by the initial budget, sball be provided as an additional service upon authorization by the City. Consultant sball only charge expenses to this task as approved and authorized by the City. The City shall provide written approval for Consultant to attributed expenses to this task. Email approvals from the City under this task shall be considered written authorization under this task. ELEMENT 11 CONSTRUCTION SURVEYING The City has requested additional surveying services during completion of specific filed activities for the Salt Creek project. The pllIpose of these tasks is to compensate the Consultant for services provided beyond the defined scope of services. Items to be addressed include the following: On-Call Construction Staking Completed To-Date Construction Staking for Phase ill Biological Surveys Completed To-Date ELEMENT 13 .' PHASE IT CONSTRUCTION SERVICES Under Phase II of the Salt Creek.project, the section of the project where microtumieIing applications are proposed includes a reach that is approximately 1,100 feet long and extends tieneath Interstate 5. Jacking and receiving pits are planned on both sides of the crossing. A 60-inch to 72-inch steel casing pipe is to be jacked beneath Interstate 5 with subsequent contact grouting outside the casing. . The 42-inch Carrier pipe is to be installed within the steel casing and grouted into place. Manholes are planned within each of the shafts. Work to be completed as part of Phase II also includes approximately 200 feet of planned open-cut construction. The Consultant's scope of work will provide general civil construction inspection support services to the City, ifneeded. The City will serve as overall Construction Manager, with th~~ent Engineer provided by the City. Services to be provided under this element shall include: . Task 13.1 Civil Inspection Services The Consultant shall augment the specialized inspection effort provided by its tunneling inspection subconsultant, by being responsible for the inspection of work not specifically related to the microtunneling construction operations. Examples of this work include: IJ Construction of the Junction Structure IJ Construction of the open-excavation portion of the Phase 2 sewer IJ Relocation of existing utilities or restoration of existing features damaged by construction Construction surveying services are not included in the scope of this t!sk. City Staff shall coordinate with all regulatory agencies having review authority over this conStruction work, and shall be responsible to coordinate with the Contractor regarding traffic control Construction inspection tasks not explicitly identified under this task shall not be included as services under this task. The Consultant shall provide as-needed, on-call services for onsite civil inspection. The Consultant's Inspector shall include; IJ Attendance at one (1) Pre-Constructicin Meeting. IJ Attendance at bi-weekly progress meetings (a maximum offive (5) meetings over a ten (10) week construction period). IJ As-Needed Civil Onsite Civil Inspection. As-needed onsite civil inspection services shall be provided for Phase 2 up to a maximum of 400 person-hours, including attendance at meetings, travel time, and onsite inspection. Additional inspection time beyond the identified 400 person-hours will be considered additional services and will require specific authorization of the City prior to co=encement of work. Task 13.2 Microtunneling Inspection Services The Consultant's scope of work shall include the provision of microtunneling specialty construction m~"~gement support.services to the City. The Consultant shall provide specialty inspection along with office engineeriJig support through a local, qualified subconsultant.. The Consultant shall . administer the SUbconsultant contract with its subconsultant with regard, to microtunneling inspection, and shall respond to their questions regarpmg general design intent and associated civil design matters to facilitate underStanding of the project design. The scope of ~ork for this task shall include the following general tasks: IJ Bid Phase Support IJ Submittal Reviews IJ Construction Inspection o Meetings IJ Final Report IJ Suppl=ental Services 8-81 The/ollowing discussions.e the speCific services to be~erform.<:1i under each of the general tasks listed above. Services requested other than those specifically listed below shall be considered additional work, and will require specific authorization of the City prior to commencement of work. Task 13.2.1 Bid Phase Support The Consultant shall review construction bids to address technical questions and to assist the City in making a decision regarding construction award. The Consultant sbaIl be available to attend the pre_ bid meeting and to respond to technical questions pertinent to a responsive bid proposal by the Contractors. This task shall include the review of the project contract documents. Task 13.2.2 Submittal Review The Consultant shall attend the pre-construction meeting and shall review the microtunneling submittals made available by the City. Submittals shall be reviewed to assess conformance with contract requirements, as well as to identify technical or contractual elements' that may impact the . construction. For the purposes of scope definition, this task shall include a maximum of six (6) submittals, with two (2) re-submittals each, for review. Additional submittals will be considered additional services. Task 13.2.3 Construction Inspection The Consultant shall provide both full-time and part-time tunnel construction inspection services. The Consultant shall perform full-time inspection for permanent components of the construction, and part-time inspection for temporary components of the construction. The Consultant understands that an on-site field office will not be available, and that Consultant's personnel shall have access to the City's office at 1800 Maxwell Road as-needed during construction. Tunnel inspection shall be managed by the Consultant's Senior Engineer, and periodic site visits shall be provided. For pm:poses of scope definition, this task shall include a maximum of sixteen (16) hours of microtunneling-related training, as requested by the City. For puzposes of scope definition, the following table summarizes the construction schedule and. level of effort (time) included under this task of the project. Services beyond these defined levels of effort shall be considered additional services, and will i-equire specific City authorization prior to commencement of work. Construction Ac:ttvity Anticipated Level of Estimated Total Construction Inspection Inspection Time Schedule Coverage Mobilizatioll 2 weeks Part-time 2 person-days Shafts 3 weeks Part-time 5 penon-days Microtunneling 3 weeks Full-time 15 person-days Carrier Pipe lnstallation 2 weeks Full-time 10 person-days Demobilization I week " ," Part time 2 penon-days ~ , .. .T........l ':tA __ __ .J __ The above schedule is based on the CoIisultant's review of the June 4, 2002, project schedule obtained from the City's Project Manager. This task does not include services for testing, including but not limited to services such as concrete and. soil testing. Such services shall be provided by the City. Task 13.2.4 Con.rtruction Meetings The Consultant shall participate in pre-construction and construction progress meetings. For pmposes of scope definition, these meetings shall include a maximum of twelve (12) construction meetings, including the pre-construction meeting. Participation in the pre-bid meeting is included in the bid phase support task. Additional meetings shall be considered additiona1 work and shall require the specific authorization of the City prior to attendance at the meetings. Task 13.2.5 Final Report The Consultant shall prepare a final report summarizing their inspection observations, construction activities, durations, and equipment/crew provided; issues and resolutions; and field inspection logs. A notebook shall be provided with copies of the aforementioned field inspection logs. Task 13.2.6 Supplemental Services It is noted that microtunneling work is not always predictable. Any investigation of a claim for a differing site condition made by the Contractor is excluded from this scope of work. Otherunknown circumstances may impact the Contractor's ability to complete the project as defined. For this reason, it is considered prudent to establish a Supplemental Services task to address these potential project impacts. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the pmposes of scope definition, an initial budget is assumed. Consultant shall provide assistance in accordance with Consultant's written Schedule ofV alues (attached) as required by the City and its agents within the initial budget for this task. Services required beyond that which can be funded by the initial budget shall be provided as an additional service upon specific authorization by the City. All services conducted under this task shall require the specific authorization of the City prior to co=encement of work. Task 13.3 Subconsultant Change Credit The City and Consultant mutually agreed to change tunneling subconsultants on the project A new . subeonsultant propqsal was obtained for the remainder the previously defined services, as well as additional services for COnstruction inspection. Tasks 13.1 and 13.2, above, provide the scope for . these remaining services. Unspent funds allocated to the onginal subconsultant agreement shall be credited to the City under this task. 8"';83 Task 13.4 As-Needed Engineering Services During completion of the constroction phase of the Salt Creek project, the Consultant may be required to provide additional engineering services, which are not covered under other engineering tasks of the project scOpe. It is considered prudent to provide budget allocation forthese engineering services to facilitate timely completion of the Salt Creek project.. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the purposes of scope definition, an initial budget is assumed. Consultant shall provide assistance in accordance with Consultant's written Schedule of V alues (attached) as required by the City and its agents within the initial budget for this task. Services required. beyond that which can be funded by the initial budget shall be provided as an additional service upon authorization by the City. Consultant shall only conduct work under this task as approved and authorized by the City. The City shall provide written approval for Consultant to attributed services to this task. F.mai.I approvals from the City for services under this task shall be considered written authorization. 8-84 B. SCOPE OF WORK FOR THE WOLF CANYON TRUNK SEWER PROJECT The following revised Scope of Services is based on an original scope included in the contract of May 2, 2000. Specific design elements of that original scope have been completed, including aerial mapping and surveying, various meetings, and a portion of the environmental work. However, as the project was originally defined over two years previous and development information bas continued to be refined, the City bas determined that preparation of a Wolf Canyon Preliminary Design Report is necessary to completely define and evaluate recently identified W olfCanyon project alternatives. The revised Scope of Services presented below reflects the worle required for development of the W olfCanyonPreliminary Design Report, as well as the worle completed on the project to date. It is intended that the revised Scope of Services defined under this section completely replace the previous scope of services shown in the original agreement in its entirety. It is noted that assumptions used in defining the scope for each task have been delineated for clarification of the effort included in this revised scope of services, and subsequent compensation associated with performance of those services. In the event that additional effort is required beyond the included scope definitions, those efforts shall be considered additional services. Additional services require prior authorization by the City before commencement. In the event that the Consultant does not seek prior authorization of an additional service. the City will not be responsible for compensating the Consultant for the unauthorized additional work. If an additional service is to be conducted, the City shall provide written authorization for the additional service prior to commencement of the worle, and shall provide appropriate adjustment of scope and fee following authorization of the additional work. The attached Contrad Amendment Authorization Form shall.be used for authorization of additional services for the Wolf Canyon project. The Consultant shall prosecute authorized services with due haste to maintain the project schedule as defIned by the City. Sufficient time shall be provided for definition, negotiation, authorization and completion of authorized additional services. ELEMENT 1: DATA COLLECTION AND REVIEW Task 1.1 Project Kick-OffMeeting Consultant shall attend a project kick-offmeeting conducted by the City's Projeet Manager. The putpOse of this meetin& shall be to coordinate the overall project, and to establish the project goals, schedule and critiCal milestones. The City's Project Manager shall establish the meeting date and time, and invite the appropriate parties for coordination of the overall design and implementation of the proj eet. Consultant shall cohtribute to the meeting related specifically to_the preparation of the construction documents. This meeting shall also address compliance with project schedules. The City's Project Manager shall prepare and distribute the ~eeting notes for the meeting. Consultant . shall review and comment on the meeting notes, within a three-day period. Final meeting notes shall be prepared and.distributed by the City's Project Manager. For purposes of scope definition, the kick-off meeting is defined to include four (4) hours of the Consultant's Engineering Project Manager's and Project Engineer's time, and four (4) hours of the Consultant's Environmental Project Manager's time. 8-85 Task 1.2 Collect Existing Data Consultant shall collect existing data made available by the City, including previous studies, reports, aerial photos, hard copyand/or electronic media information, copies of previously prepared Prelimin"ry Design Reports, and environmental/planning documents. Copies of available documentation shall be provided by the City. The City and/or its Project Manager shall provide a copy of recentIy-developed (ie. information developed since the original scope development inMay 2000) planning or design documents prepared by other consultants, including but not limited to . prelimin"ry design documents, tentative. maps, gradingfrmprovement plans, subdivision maps, existing drainage studies, conceptual design plans and land use maps prepared for developers within Wolf Canyon or adjacent areas thatmay ir:D.pact the flows tributary to the Wolf Canyon project. It is noted that information provided by the City is for reference purposes only. The City makes no guarantees as to its accuracy. It is incumbent on the Consultant to conduct nf'N'OO""ry due diligence to veii.fy the accuracy of any information the Consultant chooses to use as a basis of design. Consultant shall review the information provided by the City. One (1) meeting shall be held with the City, its Project Manager, and other appropriate parties (as defined and invited by the City) to discuss the data collected and its pertinence to completion of the project design. The meeting shall be scheduled and documented by the City~s P~oject Manager. Consultant shall review the meeting notes and provide comments, as defined in Task 1.1 above. Information to be used from the background data for design of the project shall be documented in miting and approved by the City in miring prior to the commencement of design. Task 1.3 E:risting Utility Data Consultant shall contact local utility companies to identifY the presence of existing utilities within the proposed project corridor, including existing sewer, water, cable television, gas, telephone, and electrical power. Information collected from these utilities shall be identified on the final plans. Consultant shall include the information as identified and provided by the utility companies at the time of completion of this task. This task does not include potholing of t;xisting utilities (potholing services for final design shall be defined under Element 4 of this scope). Potholing ~f existing utilities for services under Element 2 of this scope is defined under Task 2.16 below. Appropriate notes and construction specifications shall be provided to require the Contractor to pothole all existing utilities during construction. Consultant shall prepare prelimin"ry and final design drawings based on the information provided by the various utility companies. Any future design change resulting from inaccurate utility information provided by the utility companies sDall be considered extra work and compensated as such l;>y the City. Should additional critical utility crossings be identified during subsequent design phases, potholing sbaII be provided as set forth in Element 4 of this scope. 8-86 Element 2: Project Design Task 2.1 Preliminary Design Report Consultant shall, in cooperation with the City and its Project Manager, develop alternatives for the Wolf Canyon Trunk Sewer project, and present these through the preparation of a Prelimin~ry Design Report (PDR). It is noted that the City and its Project Manager have conducted several meetings with Wolf Canyon developers and will have considerable input into the definition of proj ect alternatives and determination of the preferred proj ect alternative. Development of proj ect alternatives shall IIlJlke use of the information collected under Element 1. above. Services to be included in the preparation of the Prelimin~ry Design Report shall include: Task 2.1.1 PDR Meetings The Consultant shall attend two (2) meetings with City staff and its Project Manager. The first meeting shall be prior to the co=encement of the project, and the second shall be to discuss the developed PDR. During the second meeting, the City will identify the preferred project alternative for final design based on the information included in the PDR. Meetings shall be scheduled and documented by the City's Project Manager. Additional meetings that =y be deemed necessary by the City for completion of this task: shall be provided in accordance with Task 11.3 (Miscellaneous Meetings) of this scope. Task 2.1.2 Development/Analysis of Alignment Alternatives The City bas identified two (2) major categories of project alternatives for the PDR, including both gravity and pumped conveyance alternatives. Under these two (2) project categories, four (4) individual project alternatives have been identified including one (1) gravity system approach and three .(3) pump station approaches. The one (1) gravity system approach incorporates a single gravity sewc;r aligned along the length of Wolf Creek, generally following an existing "jeep" trail within the canyon. The three (3) pump station approaches include pumping collected wastewater north to the future roadways within the Village 2 development, pumping north to Olympic Parkway, or pumping along the.La Media alignment to the Salt Creek Inte=ptor Sewer. For the purposes of scope definition, only these four (4) project alternatives are included in this scope for evaluation in the W OlfCanYOIi I'D R. If additional alternatives are identified (by either the City or the Consultant), those alternativeS will be treated as additional services and will require specific City aothorization before evaluation and/or incorporation into the PDR. Alternatives to be evaluated in the Wolf Canyon PD R shall incorporate infoI'Illll#on outliI1ed iI! the . tasks provided under Task 2.1 of this scope. The Wolf Canyon PDR shall provide preJ;m;Ti~ry definition of each alternative sufficient for environinental evilluatidn of each alteinative and forfue City to make a determination of the preferred project alternative for-final design. Final design shall only be conducted for the preferred project.alternative selected by the City. Furthermore, hydrauli~ design beyond that necessary for preliminary sizing of alternative facilities shall not be included in 8-87 the PDR, and shall only be conducted under Task 2.2 of this scope for the preferred project alt=ative as selected by the City. t ~. ~ ~ Task 2.1.2.1 Gravity System Alternative (GSA#I) Development The Consultant shall provide development of one (1) gravity system altemative in the W olfCanyon PDR. The Wolf Canyon Gravity Trunk Sewer alternative shall be comprised of a single trunk sewer approximately 14,000 linear feet in length, having an approximate I5-inch diameter. The pipeline is proposed to be located within Wolf Canyon, paralleling the alignment of Wolf Creek in an existing '~eep" trail. The pipeline is proposed to provide service to a total of approximately 6,820 commercial and residential units (based on the most recent information at the time of the writing of this scope), generating an average daily projected wastewater flow of approximately 224 mgd (3.63 mgd peak). The preliminary pipeline information shall be developed in accordance witb City of Chula Vista standards, and is presumed to discharge to the Salt Creek Interceptor Sewer at approximately Manhole No. 86. Task 2.12.2 Pump Station Alternatives Development The Consultant shall provide development oftbree (3) pump station alternatives in the Wolf Canyon PDR. The three (3) pump station alternatives (PSAs) have been defined by the City to include the following: PSA#1 - Pumping North to Village 2 Development PSA#2 - Pumping North to Olympic Parkway PSA#3 - Pumping Along La Media to the Salt Creek Interceptor Each of these identified alternatives shall be developed to provide the preliminRry location and sizing of the required pump stations, the proposed length, size and alignment of collection and forcemain pipelines, preliminHry layout of proposed pump station facilities, identification of fo=main discharge points, identification of other requi=ents including pOwer, standby facilities, emergency overflow containment, and other considerations associated with each pump station alternative. The facilities shall be devdoped in accordance with City of Chula Vista standardS. Task 2.1.3 Access Roads & Trails Each of the alternatives listed WIder Task 2.1.2 above shall include the identification of access road . facilities necessary for City maintenance of the defined facilities, genera1ly following the entir:e length of the. proposed project facilities. The PDR shall identify the proposed location of the . identified access roads, as well as the general cross-section and construction material of the road surface. Consideration of the size and types of service vehicles used by the City for maintenaiice of the gravity, forcemain and pump station facilities shall be incorporated into the PDR analyses. In addition to the required maintenance access roads, regional trail systems have also been identified to be important within the Wolf Canyon area. ~nsultant shall identify regional trail facilities " that may coincide with the alignment of the proposed project alternatives identified under Task 2.1.2 above. For pllIpOses of scope definition, the Consultant shall provide evaluation of a total of one (1) regional trail within the vicinity of eaCh project alt=.ative defined under Task: 2.12 above. Information to be provided shall include the approximate location of the regional trail fucilities, the proposed cross-section of the trails, and the identification of acceptable materials for use as the trail surfaces. Access to the Wolf Canyon area will be greatly enhanced as developments in the area continue to build and grow. However, prior to that anticipated growth, access for construction of the identified alternative facilities will be constrained. The Consultant shall identify feasible construction access for construction of each alternative prior to the proposed construction of the future La Media arid Heritage Road improvements. Information collected under Task 12 above will provide specific demarcation of the proposed alignments of these and other future proposed rights-of-way. It is noted that the alignment of proposed roadways within the proposed Wolf Canyon developments may change due to future developmental changes. Impacts associated with changes imposed by the developers shall be considered additional services if they are to be incorporated into the PDR, if requested after completion of engineering services for the first draft of the PDR, and shall require City approval prior to incorporation. Task 2.1.4 Stonnwater Collection & Treatment Systems The Consultant sball include in the PDR an evaluation of a "basin-wide" stormwater collection and "first flush" treatment system. This "basin-wide" stormwater collection system is intended to capture and collect "first flush" stormwater runoff from the W olfCanyon basin. Two (2) alternative systems have been identified by the City and shall be evaluated by the Consultant, including a buried stormwater pipeline option and a brow ditch option. Each of these alternative systems is intended to generally follow the proposed access road alignments. If additional alternatives are identified (by either the City or the Consultant), those alternatives will be treated as additional services and will require specific City authorization before evaluation and/or incorporation into the PDR For the purposes of scope definition, each of the two (2) stormwater alternatives shall be evaluated for each access road identified under Task 2.1.3 above. Stormwater shall be .conveyed to a downstream treatment facility in tlie form of a constructed wetlands habitat. The Consultant shall determine the alignment of the low-flow stormwater collection faciliti~ as well as the approximate size and location of the downstream wetlands treatment facility. The Consultant, in cooperation with the project Environmental staff, shall include an analysis of the riparian comdor paralleling the Wolf Canyon project, .;md make certain that intermittent water flow to Wolf Creek is maintained in such a manner as to avoid disruption of the existing natural characteristics of the surrounding environment It is the intent of the City that a system be devised that will dlvert low-flow and "first flush" storinwater into the stormwater collection and treatment system, while allowing larger flows to be conveyed to and within the natural waterways of WoIf Creek. The Consultant shall include in the PDR a description of the proposed system, 11 xl? schematic drawings of the system components, and a de~cription of the intended overall operation of the stoITnwater collection and treatment systems. 8-89 Standard Urban Storm Water Mitigation Plans (SQSMPs) require each proposed project to implement measures to ensure that pollutants andrunofl'from the development will be reduced to the maximum extent practicable (MEP). AI; part of the development plan for the area encompassing Wolf Canyon, the Consultant shall prepare' aPrelimin~ry Design Report (PDR) addressing low flow runoff and Structural BMP requir=ents to mitigate these flows. The following is a deliniation of servcies required to prepare the Draft and Final PDR for this task. Task 2.1.4.1 Basin Mapping Following review of available data, collected under Task 12 above, a base map shall be prepared showing identified proposed developments and drainage structures within the Wolf Canyon area. Information derived from the developers will be used for development of the basin mapping. The Coosultant shall provide the developed basin mapping in the Draft PDR for City use. Following City approval of the Draft PDR., a final basin map will be. prepared based on co=ents received from the City. The Coosultant will submit the fin~ 1i7,."f basin map with the Final PDR for City use. Task 2.1.4.2 Basin Hydrology For development of the Draft PDR, the Coosultant shall identify drainage pa:ttems based on proposed conditions and delineate sub-basins associ&ed with each proposed development. Delineation of these drainage basins shall be based on the available information collected under Task 1.2 above, and the surveying information collected or prepared under Element 3 below. Following approval of the Draft PDR by the City, "low flow" discharges will be determined for each sub-basins defined during the Draft PDR development using methods outlined in the San Diego County Hydrology Manual. For purposes of sizing storm drains, "low flow" discharge will be based on the maximum flow rate of runoff produced from a rainfall intensity of 0.2 inches of rainfall per hour. For sizing of the treatment area, the flow will be volume-based and represent a 24-hour 85th percentile storm event. Both flow-based and volume-based runoff criteria are outlined in the California Regional Water Quality Control Boards Order No. 2001-01 forthe San Diego region. All stormwatcr flows in excess of these defined "low flow" amounts will be bypassed to Wolf Canyon. It is noted that the, Consultant' s ~cope does not include control of increased runofl'from individual d~elopments within Wolf Canyon. State environmental law requires that postConstruction runoff from new development to be less than or equal to the pre-construction amounts. The Consultant shall not ~ responsible for control of increased flows or damage to the canyon resulting from lack of appropriate storm water control measures on the part of the developers. It is also noted that pl~nning . and design of the proposed "low flow" stormwater syst= does not include control of increased flows from developments or design of required stormwater detention facilities forthe developments. 8-90 Task 2.1.4.3 Stormwater System Layout & Sizing Based. on the results of Task 2.1.4.2 above, a conceptual storm drain system layout will be prepared that will colhict the low flow discharge from each proposed development and route lhe flows to the proposed wetlands area for treatment The proposed system layouts will incorporate 1he two alternative conveyance methods identified by the City, including buried storm drains or a brow ditch. F or the purposes of the Draft PDR, the system layout will be identified for presentation purposes only. Upon approval of the Draft PDR by the City, the proposed stormwater conveyance system shall be sized using the flow-based discharges determined in Task 2.1.4.2 above. A computer model will be developed for the proposed system and the .system shall be properly sized to convey the "low flow"discharge to the treatment area. It is noted that the system shall not be sized to convey flows in excess of the "low flow" discharge, and no controls will be designed to control increasednmofffrom individual developments. Task 2.1.4.4 Bypass Flow Structures For the Draft PDR, a conceptual high flow bypass design shall be prepared that will divert and route flows in excess of1he defined "low Flow" condition to Wolf Canyon Creek. The Consultant shall prepare presentation drawings of the proposed facilities for the purposes of discussing the use of the identified structures. . Upon approval oflhe DraftPDRby the City, aprelimin.ry design of the bypassflowstructures shall be completed. For purposes of scope definition, the design of the "high flow" diversion structures will be based on the pre-construction 100-year storm event flow vohnne. It is noted that flows in excess of the pre-constructionrunoff conditions within the Wolf Canyon basin shall be controlled by the individual developers and the Consultants scope does not include services for control of flows within Wolf Canyon. Task 2.1.4.5 Wetlands Treatment Area Based on informatiClo. developed under Task 2.1.4.4 above, the ConsU,ltant sball identify the proposed placemem and prelimin.ry sizing of the wetlands treatment area. A conceptual plan shall be prepared showing location and approximate size of the treatment area. Presentation drawings shall be prepared to facilitate approval of the proposed facility. Upon approval of the Draft PDR by the City, the Consultant shall size and locate 1he treatment area, sufficient to captUre the volume-based flows determined in. T ask 2.1.42 above. Outlet structures for . the treatment facility shall be designed in the Final Design phase of the project Task2.1.4.6 Opinion of Probable Construction Cost An engineer's estimate shall be prepared during the development of the Draft PDR, and finalized during the :final design phase of the projec1g - 91 Based on completion of the tasks discussed above, project deliverables for the draft and :final PDR shall include the following: Draft PDR deliverables shall include: Proposed development/Improvemems within the Wolf Canyon drainage Basin, Hydrologic sub-basins, Prelimin"ry alignment of proposed low flow storm drain system, ConcepOJal High Flow Bypass Design, and Location of proposed Wetlands Treatment Area. FiDal PDR deliverables shall include: Proposed development/Improv"IlleIlts within the Wolf Canyon drainage Basin, Final low, flow stonn drain alignment, Location and approximate size of treatment area, Hydrologiclhydraulic Report (including treatment area sizing calculations), Prelimin"TY Bypass Flow Design, and Prelimin"ry Engineer's Estimate. Task 2.1.5 Geotechnical Investigations I Report Geotechnical inIonnationwill be required for th~ PDR to identify the spe\:ific requirements of construction within the Wolf Canyon area .However, prior to the selection of the preferred project alternative and development of significant access roads, siting/conduct of necessary field geotechnical activities will be difficult, if not impossible. Therefore, for the purposes of the PDR, the Consultant shall provide a geological reconn"i<"'lllce study of the Wolf Canyon geotecho.cial conditions only. Information, contained in the study shall be used to identifY the geotechnical information required for evaluation of the project alternatives identified under Task 2.1.3 above. Field geotecho.cial activities shall be provided for the preferred alternative only, under Element 4 below. Potholing of existing utilities shall not be provided during the PDR phase of the project, as aresult of the limited access availability. Information collected with regard to existing utilities will be used for project alternative evaluation. Upon selection of the preferred project alternative by the City, potholing of utilities identified to be critical to the vertical alignment of the proposed facilities shall be conducted. Potholing services for the design phase of the project shall redefined under Element 4 of this scope. . . Task 2.1.6 Construction Easement Requirements Element 9 oftbis scope shall define services for.the identification, preparation and acquisition of rights-of-way and easerrients for the preferred project as selected by the City. Therefore, for the . pmposes of the PDR, the Consultant shall only identify' the easements and other rights-<lf-way required for construction of each alternative defined under Task2.l.3 above. The Consultant shall identify the property owners and the required length/width of each required easementlright-<lf-way. Of particular concern is the United States government ownership of significant lands within Wolf Canyon. The Consultant shall evaluate each al~2e with respect to the eas=ents and rights-<lf- . way needed for construction. Task 2.1.7 Environmental Compliance t" :ii:: ': if Prior to iin~1i.",tion of the PDR, environmental compliance documentation cannot be accurately scoped or completed. However, it is necessary to make certain that environmental issues are addressed during the development of the various PDR project alternatives. An Environmental Constraints Analysis (ECA) is used to provide the required information, without the need for extensive field SllrVeys. The ECA makes use of available information, aerial photography, and other previously prepared literature to assist in the engineering development of the project alternatives. In this manner, the alternatives can be planned to avoid environmentally sensitive areas and minimi7e the need for subsequent environmental documentation efforts. Complete environmental compliance documentation for the project is included under Element 6 of this scope of services. The Consultant shall coordinate its effort with the City and the Consultant's Environmental Project Manager during the development of alternative projects for the PDR. The Consultant shall provide environmental input to the pre1im;n~'Y engineering design effort for formulation of the PDR for the Wolf Canyon sewer alternatives. Environmental inputunderthis task: will be based on the assembly and compilation of existing reports and aerial photographs, and consultations withjurisdictional and respoI1Slole agencies. The scope of work for this task includes no field studies, as site access will not be available. However if the City obtains right-of -entry prior to the completion of the PDR and requests Consultant to conduct field surveys, the City and the Consultant shall negotiate in good faith for compensation of the additiomil services.' The objectives of the task shall be to document existing natural resources within the overall proj ect area, and assist the engineering effort with identifying and refining a series of alternatives to be carried forward in the Wolf Canyon design. Specifically, the following services shall be performed: . Meet with City staff to kick -off proj ect. . Assist the project engineer in defining analysis input parameters (i.e., project design, site parameters, surrounding vicinity). · Obtain base mapping for study area. · Obtain available data. · Determine data adequacy. · Assemble data.to be used in the analysis. · Prepare a lej:ter report summarizing findings of Constraints Study. Task 2.1.8Constructabilitr Assessment Construction of the Wolf Canyon Trunk: Sewer facilities will be complicated by the proximity to Wolf Creek and other potential constraints within the canyon area. A constructabiIity assessment for . each alternative shaU be conducted to include discussions of the proximity to Wolf Crel;k, the availability of construction staging areas, construction access, construction timing in relation to environmental constraints, and other considerations that may impact the construction of each alternative. The Consultant shall present the results of the constructabIity review in the PDR for each project alternative under Task 2.1.3 above. , , 8-93 Task 2.1.9 Sanitary Sewer Service Evaluation Various developers are currently planning and/or constructing new co=unities that will be tributary to the Wolf Canyon Trunk Sewer system upon completion. For this reason, the Consultant shall assess the adequacy of each project alternative listed under Task 2.1.3 above for provision of sewer service to these planned co=unities. Information collected under Task 12 above shall be used to identify the location of potential connections from adjacent land pl.nning activities. . Of particular concern as of the writing of this scope are the following: Rock Mountain Road Creek Crossing (Village 4) Proposed Heritage Road Alignment (Village 2) Location of the proposed Low-Flow Stormwater Treatment Facilities Location of the proposed Low-Flow Stormwater Conveyance Facilities Location of Sewer Service Laterals and Tnoutary Pipelines Grading of East Side of Canyon for Pump Station Alternatives . Constraints associated with the Sanitary and Stormwater Conveyance Systems The Consultant shall address these concerns as they relate to the various system alternatives, and provide a discussion of issues/facilities needed for service under each alternative in the PDR. Information developed under Task 1.2 above shall provide the basis for the analyses, and changed information resulting from developer revisions shall be considered additional services ifincorporated into the PDR. Task 2.1.10 Preliminary Opinions of Probable Cost Based on the analyses performed, the Consultant shall prepare prel;m;n.ry opinions of probable cost for each alternative listed under Task 2.1.3 above. These cost opinions shall be used for comparative cost analysis between the various proj ect alternatives, and shall not be used as a basis for bidding the project. However, the Consultant shall prepare the cost opinions in such a manner as to allow them to be used as a basis for budget estimation purposes. Cost factors to be included underthis task shall include construction costs only, with no attempt to determine land acquisition costs, or other non- construction related costs. Relative horsepower sizing of the pump station facility alternatives shall be identified in the PDR. . Task 2.1.UPDR Preparatio~, Submittal & Review The Consultant shall prepare and submit a PDR for the W olfCanyon Trunk Sewer. The PDR shall include ll-inch by 17-inch preliminary drawings (showing 'horizontal and v<<rtic;al a!J.gIJlIlent .' sufficient for environmental evaluation and engineering cOmparison of the -various alternative:: ~t approximately 200-scale) of the four (4) project altemative$1lSted in Task 2:1.3 above, along with .. . h evaluations of the utility conflicts and other evaluation considerationS .specifically outlined in Task 2.1 of this scope. The alternative evaluations will be incorporated into tlJ,e d!aft PDR and presented . to the City for consideration. A total often (1 O)g:.2W of the draft PDR will be provided to the City for review and comment The Consultant shall attend one (1) meeting with the City and its Project Manager to discuss the draft PDR and to select a preferred alignment for final design. This meeting shall be documented by the City's Project Manager. The results of the meeting shall be incorporated into the final PDR. Comments received beyond the scope of the one (1) review meeting shall be considered additional services. A total of ten (10) copies of the :final PDR shall be provided to the City for its use. The electronic files for the PDR shall also be provided to the City for its use. Task 2.2 Hydraulic Analyses . Task 2.2.1 Wastewater Collection Facilities Upon receipt of the City's confiTTTl"tion of the preferred project alternative determined under Task 2.1 above, the Consultant shall proceed with development of the hydraulic design of the preferred Wolf Canyon Trunk Sewer alternative. The CoDSUltant shall prepare a Hydraulic DesignReport for the preferred alternative only. This report shall include determiMtion of the design flows for the preferred alternative, a computer model (comparable to that provided forthe Salt Creek Interceptor Sewer) of the preferred alternative design; and detailed hydraulic infonnation about the preferred. alternative design. The project design shall incorporate the preferred alternative system for transmission of wastewater generated within the Wolf Canyon drainage basin, as defined by the information derived under Task 1.2 and Task2.1 above. Vertical alignment of pipeline designs shall be established based on established City design criteria, available topographic 'infonnation, and the utility conflicts that mayor may not exist. The Consultant shall provide ten (10) copies of the draft Hydraulic Design Report to the City for review and comment Consultant shall attend one (1) meeting with the City and its Project Manager to discuss the draft report and its findings. The City's Project Manager shall document the meeting, and Consultant shall review/comIilent on the meeting notes, as appropriate. The findings of the meeting shall be incorporated into the final Hydraulic Design R~ort Comments received beyond the scope of the one (1) review meeting shall be considered additional services. The City shall provide approval of the final Hydraulic Design Report prior to commencement of final design drawing preparation. Task 2.2.2 Stonnwater Collection / Treatment Fac~ties Upon receipt ofi:h~ City's confiTTTl"tion of the preferred project alternative determined under Task 2.1 . above, Consultant shall prOCeed. with development of the hydraulic design of the stormwater collection facilities. Consultant shall prepare a Hydraulic Design Report for the preferred project alternative only. This report shall include the determin.tion of the design flows for the preferred alternative, and detailed hydraulic information abOut the preferred alternative design. Pipeline . designs shall incorporate gravity flow transmission of stormwater generated within the Wolf Canyon drainage baSin, as defined by the information derived under Task 12 and Task 2.1 above. Vertical alignment of the preferred facilities shall be established based on established City design criteria, available topographic information, the selected preferred alternative for the wastewater system, the location of identified access' roads, and the utility Conflicts that mayor may not exist. 8-95 The Consultant shall provide ten (10) copies of the draft Hydraulic Design. Report to the City for review and =ent. Consultant sbaIl attend one (1) meeting with the City and its Project Manager to discuss the draft report and its findings. The City's Project Manager shall document the meeting, and Consultant shall review/comment on the meeting notes, as appropriate. The fiT1nings of the meeting shall be incorporated into the final Hydraulic Design. Report. Comments received beyond the scope of the one (1) review meeting sbaIl be considered additional services. The City shall be provided ten (10) copies of the final report for its use. The City shall provide approval of the final Hydraulic Design Report prior to commencement offinal design. drawing preparation. ELEMENT 3: SURVEYING & AERIAL PHOTOGRAPHY For the purposes of this revised Scope of Services, we have listed the specific tasks required for the Wolf Canyon project under this element. It is noted that aenal photography and surveying services for the project as outlined in Tasks 3.1 though 3.3 were completed in approximately May 2001. The origimil scope and fee for this element has been completed and the information developed is available for use on the proj ect It is anticipated that the previously completed aerial mapping and surveying services will be sufficient for use on the project. However, results developed under Element 2 of the project may result in the need for additional aerial mapping and/or surveying for the project. In the event that additional aerial mapping and/or surveying services are required beyond those that have been completed, those services shall be considered additional worle and will require specific City authorization before co~pletion of the work. Task 3.1 Aerial Ground Control Consultant shall establish the ground control for aerial mapping of the Wolf Canyon alignment, as defined in the original contract negotiations. Consultant shaII set horizontal and vertical aerial control points along the alignment based on established City ofChula Vista benchm'lTh. Consultant shall coordinate with th~ aerial photography company for fljght and processing of aerial In3Pping for the alignment as defined in the original contract negotiations. In the event that the original services under this task are determined to require augmentation as a result of information developed under Task 2.1 above, the Consultant shall make recommendations to the City and acquire City approval of additional scope .prior to completion of additional services. Task 3.2 Existing Utility Identification. Consultant shall conduct a field investigation of the alignment and visuaIIy identify existing utility locations prior to conducting f aerial photographic services. Consultant shall paint visual surface . features, including manhole lidS, valve caps, and other utilities related to infOlmation collected during completion of the originally defined scope for the project IIi the event that the original services under this task are determined to require augmentation as a result of information developed under Task 2.1 above, the Consultant shall make ieco=endations to the City and acquire City approval of additional scope prior to completi<8U!f&dditionaJ. services. Task 3.3 Aerial Photographic Mapping. Consultant shall coordinate"the preparation of topographic mapping at a scale of I-inch equals 20- feet, with I-foot contour intervals for the pipeline a li gnrnent included in the originally defined scope for the proj ect. Utilities identified under Task: 3 2 above shall be identified on the aerial mapping for the alignment. In the event that the original services under this task are determined to require augmentation as a result of information developed under Task 2.1 above, the Consultant shall make reco=endations to the City and acquire City approval of additional scope prior to completion of additional services. Task 3.4 Pothole Survey. Services under this task shall be conducted for the preferred proj ect alternative only, as defined by Element 2 above. An appropriate scope and fee shall. be negotiated between the City and the Consultant following completion, and City approval, of the PDR developed under Element 2 of this scope. No services are included under this element of the proj ect at this time. (Ibis task bas not been completed to date). Task 3.5 Wolf Canyon Monument Perpetuation Services Services under this task: comprise the surveying of existing found monumentation, the perpetuation (replacement) thereof, and filing of two (2) Records of Survey or Co= Records with the County of San Diego in accordance with Section 8771 of the California Land Surveyors Act for construction activities associated with the Wolf Canyon project. The following is a list of services to be performed for the Surveying and Mapping portion of the project: Field Crew Preparation, County of San Dief!o Map Records Research and Calculate Record Maps: Consultant shall review recorded maps within the area of construction for the project within Wolf Canyon, approxima1;ely 30 feet each side of the proposed construction alignment. Consultant shall setup and coordinate with field crews, and reduce field notes. Monumentation Tie Out: Consultant shall locate and reference willi; durable monumentation found monuments with the abave-described area of construction. Preparation of Record of Survey: Consultant shall prepare two (2) Records of Surveyor Comer Records (which eVer is appropriate) showing found and setmo~uments, and reference points within the above described area of construction. Consultant shall record the Record of SurVey with the County of San Diego, and calculate record maps researched at the County of San Diego. Set Monumentation: Consultant shall re-set found monuments within the area of COnstruction in accordance with City of Chula Vista requests with durable monuments at finish grade. Services do not include constructing any well monuments. The Consultant 8-97 shall stake out for construction and stamp monuments after construction as shoWIl on the second R=rd of Survey mentioned herein. Supervision and Calculations: Consultant shall provide field supervision, attend field meetings, and perform calculations directly related to the field surveying tasks listed above to improve the efficiency of the field staking services. . Services under this task exclude utility coordination (to be conducted by the City), revisions of plans necessitated because of Client or Client's consultant's changes to the design criteria, obtaining permission from off site property oWIlers fo~ werle outside of Clierrt's area of ownership, construction inspection and supervision, as-built surveys, surveys for construction of buttress fills or for borrow / disposal sites, construction surveys for landscaping and! or irrigation improvements or private sidewalks, restaldng for any purpose or reason (unless authorized to do so as additional worle), design of interim erosion control facilities, retaining walls, certifications, changes that are inconsistent with written City approvals or instructions previously given or are required by the enactment or revision of codes, laws, ot regulations subsequent to. the preparation of such documents, presentations and preparation of documents and exhibits for hearings, commtmity groups or review committee, and blueprinting / reproduction services. (This task has not been completed to date. However, these services were negotiated in conjunction . with similar Salt Creek services and are included at this time on that basis). ELEMENT 4: GEOTECHNICAL INVESTIGATION & SOILS REPORTS The original project budget included a total of eleven (11) soil borings along the Wolf Canyon alignment. However, as the PDR will define the preferred alignment of the project, the scope of the geotechnical services for the project may change. The scope of Element 4 will be defined following the. completion of Element 2 above. As with Element 3 above, a portion of the scope under the original project definition was completed in October 2000. Information gained from the completed work shall be used in completion of the Wolf Canyon project. ELEMENT 5: FINAL DESIGN DRAWINGS Services under this task shall be conducted for the preferred project alternative only, as defined by . Element 2 above. An appropriate scope and fee shall be negotiated between the City and the Consultant following completion, and City approval, of the PDR developed imder Element 2 of this . scope. No services are included under this element of the project at this time. Meetings associated with the original project scope were conducted between December 2000 and May 2001, resulting in the expenditure of a small portion of the original.project budget. T4e City shall receive credit for these services in the re~ope and fee for the project. ELEMENT 6: ~ IDENpFYING ENVIRONMENT4 CO~TRAINTS, PREPARING REQUISITE ENVIRONMENTAL DOCUMENTS AND OBTAINING ALL RELATED PERMITS RELATED TO FINAL DESIGN Services under this task shall be conducted for the preferred proj ect alternative only, as defined by Element 2 above. An appropriate scope and fee sball be negotiated between the City and the Consultant following completion, and City approval, of the PDR developed under Element 2 of this scope. No services are included under this element of the project at this time. Services associated with the original project scope were conducted between June 2000 and December 2000, resulting in the expenditure of a portion of the original project budget The City shall receive credit for these services in the revised scope and fee for the project . ELE:M:ENT 7 OPINIONS OF PROBABLE CONSTRUCTION COST Services under this task shall be conducted for the pref~ project alternative only, as defined by Element 2 above. An appropriate scope and fee sball be negotiated between the City and the Consultant following completion, and City approval, of the PDR developed under Element 2 of this scope. No servi~ are included under this element of the project at this time. ELE:M:ENT 8 CONSTRUCTION SPECIF1CATIONS Services under this task shall be conducted for the preferred project alternative only, as defined by Element 2 above. An appropriate scope and fee shall be negotiated between the City and the Consultantfollowing completion, and City approval, of the PDR developed under Element 2 of this scope. No services are included under this element of the proj ect at this time. . ELE:M:ENT 9 . RIGHT-OF-WAY DOCUl\1ENTS & ENCROAqIMENT PERMITS Services under t:liiS task shall be conducted for the preferred project alternative only, as defined by Element 2 above.. An appropriate scope and fee sball be negotiated between the City and the Consultant following completion, and City approval, of the PDR developed under Element 2 of this . -. scope. No services are included under this element of the project at this time. ELE:M:ENT 10 CONSTRUCTION SUPPORT SERVICES Services under this task shall be conducteq for the preferred project alternative only, as defined by Element 2 above. An appropriate scope and fee shall be negotiated between the City and the 8-99 Consultant following completion, and City approval, of the PDR developed under Element 2 of this scope. No services are included under this -element of the project at this time. ELEMENT 11 PROJECI MEETINGS Task 11.1 Weekly Project Meetings. . Consultant shall attend weekly project meetings during completion of the prelimin~ry and :final design effort. Each meeting is assumed to require four (4) hours of the CoDSUltant En gin<"<"ring Project Manager's and Project Engineer's time, and four (4) hours of the Consultant's Environmental Project Manager's time. Each meeting shall be scheduled and conducted by the City's Project Manager, and the Project Manager shall document each meeting. Furthermore, for the purposes of scope definition, only the Consultant's Engineering and Environmental Project Managers are assumed to attend the weekly project meetings unless additional staff is requested to attend by the City or its Project Manager. Additional meetings or meeting time, or attendance by staff other than Consultant's project m~n~gers, shall be considered additional services. Task 11.1.1 Pre-DeSign Project Meetings As of the writing of this scope, the proposed schedule for completion of the Wolf Canyon preJimin~ry design effort is two (2) months. Therefore, for purposes of scope definition, Consultant shall attend eight (8) project meetings during the predeSign period. Task 11.1.2 Final Design Project Meetings As of the writing of this scope, the proposed schedule for completion of the Wolf Canyon :final design effort is five (5) months. Therefore, for purposes of scope definition, Consultant shall attend twenty (20) project meetings during the final design period. Task 11.2 Developer Coordination Meetings. During the couT?t; of the pre1imin~ry and final design completion, meetings shall be held with various developers concerned with the Wolf Canyon TruDk Sewer. Consultant shall attend these meetings as ditected by the City or its Project Manager, within the limits of the scope definitions below. The .City's Project Manager shall sCQ.edule and conduct the meetings, and shall be responsible for documenting each meeting. These meetings are assumed to require. four (4) I}.ours of the Consultant's Engineering Project Manager's time, and are assumed to be only attended by Consultant's Engineering Project Manager. Additiooal meetiri.gsormeeting1ime,-m- attenthmce qf-. additional staff members, shall be considered additioOal seIVi.~. - -- - -. . 8-100 Task 11.2.1 Predesign Coordination Meetings For purposes of scope definition, a total of two (2) developer coordinationm,eetings are assumed to be attended by the Consultant during the prelimin:rry design phase of the project. Task 11.2~ Final Design Coordination Meetings For purposes of scope definition, a total of three (3) developer coordination meetings are assumed to be attended by the Consultant during the final design phase of the project. Task 11.3 Miscellaneous Project Meetings. Based on the fact that the Wolf Canyon proj ect is not completely defined at the writing of this scope, it is considered prudent to include miscellaneous meeting attendance in the scope. Consultant shall attend meetings as directed by the City or its Project Manager during the prelimin:rry design phase of the project For the pUIposes of scope definition, each meeting under this task is assumed to require four (4) hours of the Consultant Engineering Project M:anager's time and a total of ten (10) miscellaneous meetings are assumed. Consultant shall only charge time to this task as approved and authorized by the City. The City shall provide written request for Consultant to attend meetings that are to be attributed to this task. Email requests from the City for meeting attendance shall be considered written authorizationforattendance at said meetings underthis task. Additionalmeetings or meeting time, and additional staff other than the Consultant project manager, shall be considered additional services. ELEMENT 12 OTHER DIRECT EXPENSES Direct costs that are associated with the proposed Wolf Canyon services may include mileage, reproduction of documents, postage and delivery charges, and other charges as discussed below. Task 12.1 Printing & Reproduction. Consultant shall provide printing and reproduction of Various project deliverables, or other information r~ by the City or its Project Manager, throughout the design phase of the project. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the purposes of scope definition, an initial budget is a!1sumed. ConsUltant shalT provide assistance in , accordance with Consultant's written Schedule ofYalues (attached) as required by the City and its , agents within the initial budget for this task. Services required beyond that,which can be funded by the initial budget shall be provided as an additional service upon authorization by the City. 8-101 Task 12.2 Mail & Delivery Services: " Consultant shall provide mail and delivery services for various project deliverables, or other information requested by the City or its Project Manager, throughout the design phase of the project. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the pmposes of scope definition, an initial budget is aSsumed. Consultant shall provide assistance in accordance with Consultant's written Schedule of V alues (attached) as required by the City and its agents within ~e initial budget for this task. Services required beyond that which can be funded by the initial budget shall be provided as an additional service upon authoriz11tion by the City. Task 123 Local Travel Expenses. Consultant shall require local travel to attend meetings, conduct investigations, site visits, and other services as required by the project or requested by the City or itS Project Manager, throughout the design phase of the project. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the pmposes of scope definition, an initial budget is assumed. Consultant shall provide assistance in accordance with Consultant's written Schedule ofY alues (attached) as required by the City and its agents within the initial budget for this task. Services required beyond that which can be funded by the initial budget shall be provided as an additional service upon authoriz11tion by the City. Task 12.4 Miscellaneous Expenses. During completion of the design phase of the project, Consultant shall be required to expense various costs, including but not limited to application feeS, copy fees, parking and "tolls, or other expenses which are not covered under Tasks 12.1 through 12.3 aOOve. It is considered prudent to provide budget allocation for miscellaneous expenses to facilitate timely completion of the Wolf Canyon project. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the purposes of scope definition, an initial budget is assumed. Consultant shall provide assistance in accordance with Consultant's written Schedule ofYalues (attached) as required by the City and its agents within the initial budget for this task. Services required beyond 1bat, which can be funded by the ir,rltial budget, shall be provided as an additional service upon authoriz11tion by the City. Consultant"shan Dnly charge expenses to this task as approved and authorized by the City. The City shall provide written applJlval to Consultant for expenses attributed to this taSk. Email approvals from the City for miscellaneous expenses shall be considered written iuthoriz11tionunder this task. 8-102 THlRD AMENDMENT COST SUMMARY The Consultant proposes to do the work involved in Part A of this amendmentforthe fonowing "Not to Exceed" amounts. SALT CREEK COSTSUMMARY ~~=-~-~-t:_~~~?~ ~~; ~::~~ ~:-=~~~~~=:~---~~; _~;j;_.~-~:;~~-=~~=-:~~ -==-~~~-i?:- ~ mont 3 - SlU"Veying & Aerial Photography Task 3.10: Phase illAdditiona\ SurveyinglMapping Services (SD WaterLine) Task 3.11: Hollister St Alignment Aerial Mapping Task 3.12: Additional Phase I Monument Peqletuation Services Task 3.13: Phase ill Monument Perpetuation Services Task 3.14: Phase N Monument Perpetuation Services Task 3.15: Additional As-Needed SorveyDig Services lemont 4 - Geotechllical lIlvestigatioos & Soils Reports Task 4.7: Additional Pbase II Geotechnical Services Task 4.8: Additional Phase ill Geotechnical Services lement 5 - Preparation of Design Drawings Task 5.9: Design Plans for Interim Sewer Connection Task 5.10: Phase II Design Completion Task 5.11: Phase ill Design Modifications Task 5.12: Pbase N Design Completion Task 5.13: Additional Pbase II Traffic Plans (Main St.) Task 5.14: Additiooal Traffic Plans for Interim Sewer Connection Task 5.15: Phase II & ill Additional Structural Design Task 5.15: Phase ill & N Electrical InstrumentrtionDesign Task 5.17: Phase ill Storm Drain Interceptor Evaluation Task 5.18: Phase N Rehabilitation of Existing 24-inch Sewer (Initial Budget) Task 5.19: Remove Pump Station DecolIllllissioning Services lement 5 - Environmental Complinllce Doeumentntion Task 6.13: ckiceptual Wetlands Mitigation Plans Task 6.14: FllClISCd Quino Checkerspot Butterfly Surveys Task 6.15: General Mitigation "Monitoring Task 6.15: Biological Mitigatioit Monitoring Task 6.17: Paleontological Construction Monitoring Task 6.18: Noise Measurements of Construction Activities Task 6.19: Meeting/Project Managemc;ntJDirect Costs Task 620: Additional As-Needed EnviroomCIltal Services 8-103 $7,28 $95 $1,330 S55,97 S11,7 $41,000 S118,23 SI5,Ooo S10,000 $5,000 S25,000 S13,45 S9,315 S6,725 SI5,O $2,50 $25, ement 11 - CoDStraction Surveying On-Call Construction Staking Completed To-Date Construction Staking for Phase ill Biological Surveys Completed To-Date ement 13 - Tunnel Oversight Services Task 13.1: Phase IT Civil Inspection Services Task 13.2: Phase IT Microtunneling lnspection Services Task 133: Subconsultmt 0Iange Cmiit Task 13.4: Additional As-Needed Engineering Services eetings Out-of-Scope Meetings Completed To-Date Engin=ing Consultant Meetings to Complete Project Additional. Project Expenses to Complete Project 8-104 The,.Consultan! proposes to 1i19 the work involved in Part B o[this ~endment for the following "Not to Exceed" amounts. . WOLF CANYON COST SUMMARY lement 1 - Data Collection &; Review Task 1.1 - Project Kick-otfMeeting Task 12 - Collect Existing Data Task 13 - Exisitng Utility Data SI,34O $9,130 $3,765 $14,23 Element 2 - Project Design Task 2.1 - Preliminary Design Report Task 2.1.1 - PDR Meetings Task 2.12 - Develop! Analyze Alignment Altemativ!", Task 2.13 - Access Roads &; Trails Task 2.1.4 - Slocnwater Collection & Trealment Systems Task2.1.4.1- Basin Mappirig Task 2.1.42 - Basin Hydrology Task 2.1.43 - Slormwater System Layout & Sizing Task 2.1.4.4 - Bypass Flow Stru=es Task 2.1.4.5 - Wetlands Trealment Area Task 2.1.4.6 - Opinion of Probable Construction Cost Task 2.1.5 - Gectechnica! In~ations Task 2.1.6 - Construction Easement Requirements Task 2.1.7 - Environmental CoDStraints Analysis Task 2.1.8 - Constructability Assessment Task 2.1.9 - Sanitary Sewer Service Evaluation Task 2.1.10 - Preliminary Opinions of Probable Cost Task 2.1.11 - PDR Preparation, Submittal &; Review Task 22 - Hydnr.ulic Analysis Task 22.1 - Waste)Vater Collection Facilities Task 222 - StocnWater Collection & Treatment Facilities $2,120 S9,650 $4,620 $6,965 $6,965 $120,27 Elelment 3 - Sunc:n,ng & Aerial Photography Task 3.1 - Aerial Ground Control "(Td: ccmp/.tdj Task 32 - Existing Utility Identification (Ttuk Compkkd) Task3.3 - Aerial Photographic. Mapping (TtukCampkkd) Task 3.4 - Pothole Survey (To lk Defined Follo'ring PDRDeYelopme1l1) , Task 3.5 - MonmnentPcrpetuation (ToB.DejinedFollawinr;PDR~lopment) S8,280 $4,300 $16,96 S SO $29,542 Element 4 - Geotechnical Investigation & Soils Reports Geotecbncial Services Completed under Original Scope $949 lement 5 . Fmal Design Drawings Engineering Servi= Completed under Original Scope 54,688 lement 6 - Environmental Documentation & Permitting Environmental Services Copleted llDder Original Scope $13,9 Element 7 - Opinions of Probable Construction Cost ....70 Be Scapt!d and Negotiated Followin.g Compktion of E~nt 2 ahme** lement 8 - Construction Specifications ."'70 Be Seeped and Negotiated FolIawtnc Comp1eticm of E1~nl 2 abaw:"'* so lement 9. RightHlf-Way & Encroachments ."'To Be Scaped and N~~d Following Compktion of Element 2 ahave". so. lement 10 - Coostruction Support Services "''''70 Be Scoped anJNegatia~d FoilowingCcmpktion ofEkmen.t 2 above"'. so Element 11 - Project Meetings Task 11.1 - Weekly Project Meetings Task 11.1.1 - PDR Project Meetings Task 11.1.2 - Final Design Project Meetings (ta h< defmedfollawing PDR <h</apm<nt) Task 11.2 - Developer Coordination Meetings Task 11.2.1 - PDR Corrdination Meetings Task 1122 - Final Design Coordination Meetings (Ia". dej;n.dfaUawing PDR <h</apment) Task 113 - Miscellaneous Project Meetings S7,340 SO lement 12 - Other Direct Expenses Task 12.1 - Printing & Reproduction Task 122 - Mail & Delivery Services Task 123 . Local Travel Expenses Task 12.4 - Miscellaneous Expenses Task 12.5 - Enviroomental Expenses .NOTES: . Suvias cumpleted prior to A~nt No. 3 will Rat be invoiced again untkr A~ No. j- ~ . Amerulmcnt Ne. 3 nplaC%S Qriginal JV olfCanyon Seepe and Fee ~n. its entirety. .' Consultant &: City will negotiate jiMl derign Ii environmental .zrviCQ fonowing campldion "jPDR. .. Ekme1'tu 3lhrough 12 may be impacted by re.sufu ofPDR.. AddU/onalleope andfee will be negotuited, as appropriaJe. . Waif Canyon scape defines hasb affee mawn ahave. 8 -1 06 . Additiona/lvork will require specfiic prior autizorizatian of the City &: preparation a/Contract arTU;ndment Authorization Form.. Signature Page to Third Amendment To The Agreement Between The City of Chula Vista And . Consultant & Associates, Inc For the provision of Environmental and Engineering Services required for the Final Design and Coostruction of the Salt Creek Gravity Sewer Interceptor and Wolf Canyon Trunk Sewer IT WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating tha:t they have read and understood same, and indicate their full and complete consent to its terms: DATED: CI1YOFCHULA VISTA By Shirley Horton, Mayor . Attest: Susan Bigelow City Clerk Approved as to form: ~h Ity Attorney . . DATED: B .E. ~ z~1 ~ 1.'$70 Exb1"bit List to Agreement (X) Exlu"bit A . J:\Engineer\AGENDA \ Third-Amendment-D1,ldek-Contraet-Agreement.ac.doc - 8-107 .. ATTACHMENT ~ FOURTH AiY.1:ENnMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA. AND DUDEK & ASSOCIATES, INC For the provision of Environmental and Engineering Services required for the final design and construction ofthe Salt <;;reek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer. THIS FOURTII AMENDMENT TO THE AGREEMENT FOR ADDmONAL CONSULTANT SERVICES is entered into as of September 21,2004, by and between the City of Chula Vista (CITY), a municipal chartered corporation of the State of California, and Dudek & Associates, Inc. (CONSULTANT), a California Corporation. RECITALS: WHEREAS, the City Chula Vista, by Resolution 19484 on June 8, 1999, approved an agreement with Dudek & Associates to provide enviro=ental services and a preliminary design for the Salt Creek Gravity Sewer Interceptor; and . , WHEREAS, the City Chula Vista, by Resolution 2000-140 on May 2,2000, approved an agreement with Dudek & Associates to provide for the provision of environmental and engineering services required for the final design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer; and WHEREAS, since then, due to changes in the project alig=ent, there was a need for additional consultant services in order to prepare the final design plans necessary for the construction of the Salt Creek Gravity Interceptor, which resulted in the :first amendment to the contract that was approved at a staff level; and; WHEREAS, since then, due to changes in the project alig=ent, there was a need for additional consultant services in order to prepare the final design plans .necessary for the construction of the Salt Creek Gravity Interceptor, which resulted in the second amendment to the contract that was approved by City Council on August 21,2001, by Resolution No. 2001-272; and; WHEREAS, since then, due to changes in the proj ect scope, there was a need for additional consultant services in order to complete the final design and construction of the Salt Creek Gravity Sewer Interceptor and. the Prelimi,,"ry Design Report for the Wolf Canyon rrunk Sewer, which resulted in the third amendment to the contract that was approved by City Council on August 27, 2002, by Resolution 2002-340; and; WHEREAS, the City further requires Dudek & Associates to provided additional consultant services not anticipated in the original contract, first, second and third amendments in order to complete the construction of the Salt Creek Gravity Sewer Interceptor and the Preliminary Design Report for the Wolf Canyon Trunk Sewer lineS' an.d -108 Services During Construction (SDC), consisting of shop drawing review, requests for information, site visits, construction meetings, and other Construction related services. Extension of the construction period will result in additional SDCs to be completed. These services will primarily be associated with the Phase II portion of the project. Consultant shall provide assistance in accordance with Consultant's written Schedule of V alues (attached) as required by the City and its agents within the initial budget for this task. Task 13.2 - Microtunneling Oversight Services. Amendment No.3 to the contract added the services of a specialty subconsultant for the specific review and oversight of the microtunneling portions of Phase II construction. With the extension of the construction period, additional services will be required under this task. The Consultant's scope of work will include the provision of micro tunneling specialty construction manag=ent support services to the City. The Consultant shall provide specialty inspection along with office engineering support through a local, qualified subconsultant. The Consultant shall administer the subconsultant contract with its subconsultant with regard to microtunneling inspection, and shall respond to their questions regarding general design intent and associated civil design matters to facilitate understanding of the proj ect design. The scope of work for this task shall include the following general tasks: Submittal Reviews, Construction Inspection, Meetings, and Final Report. These services currently exclude assistance with claim resolution or change order evaluation. EXPENSES Direct costs that are associated with Salt Creek Interceptor Sewer services include mileage, reproduction of documents, postage and delivery charges, and other charges. Consultant shall provide assistance in accordance with Consultant's written Schedule of V alues (attached) as required by the City and its agents within the initial budget for this task. MEETINGS Consultant has been required to attend frequent proj ect meetings during completion of the construction effort for the project. These meetings typically require a minimum offour (4) hours of the Project Manager's and Project Engineer's time. As the project continues, 'additional meetings will be held. Consultant shall attend meetings in accordance with Consultant's written Schedule of Values (attached) as required by the City and its agents within the initial budget for this task. 8-109 WHEREAS, City staff cannot perform the work outlined below due to lack of available staff and/or lack of expertise to provide the stated services, and that the approval of this amendment shall result in enhanced continuity of the project and expedite the timely completion of the project, and; WHEREAS, the Original Agreement, as amended by the First, Second, and Third Amendments, shall remain in full force and effect except as modified by this Fourth Amendment, and; NOW, THERFORE BE IT RESOLVED, that the parties do hereby mutually agree thai the agreement is hereby amended as follows: 1. Exhibit A; Sections SA and SB, are hereby amended to add the following to the Detailed Scope of Work for the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer; 8. Defined Services A. SCOPE OF WORK FOR THE SALT CREEK GRAVITY SEWER INTERCEPTOR ELEMENT 6: ENVIRONMENTAL COMPLIANCE DOCUMENTATION. Task 6.16 - Biological Mitigation Monitoring. The scope for this task includes monitoring construction activities through monthly field visits to ensure that mitigation measures and construction specifications were followed by the Contractor. ELEMENT 13: CONSTRUCTION SERVICES Construction activities associated with the Salt Creek Interceptor have been extended as a result of the Contractor's equipment difficulties and other unforeseen needs. Therefore, Consultant services are needed to facilitate the completion of the project. These services include those of the Consultant, as well as the project specialty subconsultants. Services under this element of the scope are developed based on the proj ection of the construction to be extended beyond the originally proposed completion date of the Phase II construction. Task 13.4 - Additional Construction Services. Services under this task will include the services for Phases II, ill, and N of the project, as outlined below: Task 13.4.1- Electrical Services. Completion of Phases ill & Nofthe project requires significant evaluation and coordination with the City's tel=etry coIisultant and the electrical contractors. As a result, additional meetings and shop drawing reviews are necessary. The Consultant and his electrical subconsultant will provide the necessary meetings and reviews for completion of the Phase ill & N construction. Task 13.4.3 - Additional Services During Construction. The Consultant's original scope included 8-110 " B. SCOPE OF WORK FOR THE WOLF CANYON TRUNK SEWER PROJECT The following Scope of Work is a continuation of the work outlined in Amendment No.3 of the Wolf Canyon Trunk Sewer Project The Scope ofW ork for Amendment No.3 details work: required to be completed during the prelimi,,"ry design phase, C1l1mi,,"ting in the preparation of a Prelimi,,"ry Design Report (PDR), as well as rem.i"i"g services to complete the project as currently defined by the City. The City has decided to construct the Wolf Canyon Pipeline within a new roadway, thereby eliminating the need for Final Design Engineermg under this contract. PHASE 1- PDR ENGINEERING SERVICES Task Q - PDR Preparation. Under the original project scope, engineering efforts for preparation of the PDR were confined to general evaluation of the jeep trail alignment However, during the proj ect, additional detail was desired by the City with regard to the j eep trail alignment. Increased detail in these evaluations resulted in additional engineering effort and coordination with the surveying and environmental portions of the project. The Consultant is required to prepare more detailed plans (40-scale) and drawings to facilitate the increased detail of the project PHASE 3 - PDR SURVEYING SERVICES Task C.1- FAA Easement Confirmation Surveying. Provision of additional surveying services necessary to delineate the existing FAA Easement within the Wolf Canyon Basin. This task involves researching record documents, coordination with adj acent utilities with vested interests in the region (i.e. Pacific Bell, SDG&E), establishment offield ties, conducting field surveys, analyzing results of filed surveys and preparing plats showing the FAA eas=ents and the "Jeep Trail" on a 50" scale. Task C.2- PDR Alignment Confirmation Surveying. The original scope specifically excluded field-surveying services as a result of access limitations to the project site. Since that time and during the preparation of the PDR, those access restrictions have been mitigated. M a result, the Consultant shall be. required to provide additional surveying of the project alignment. at approximately ;150-foot intervals fDr field location studies and to verify existing contour accuracy at 100 foot intervals. Specific tasks include conversion of the existing aerial mapping, establishment of . two (2) RTK localizations, field staking of the proposed pipeline alignment at approximately 250 intervals, along with supervision and office services. PHASE 6 - FINAL DESIGN ENVIRONMENTAL SERVICES Task D - Biological Resources Mapping. Consultant shall be required tp conduct a general biological reconnaissance survey of the entire property to create a baseline biological resources map .. with vegetation co=unities and conspicuous sensitive species locations. Vegetation co=unities shall be mapped according to Holland. All mapping shall be done in the field directly onto a I 00- or 200-scale (1 "=1 00' or 200') topographic or aerial photographic bases and later digitized into Geographical Information System (GIS) format using AutoCAD and Arc View. Where feasible and necessary, vegetation boundaries shall be delineated using a Global Positioning System CGPS) backpack unit and later downloaded into Arc View. During these field surveys, a general inventory 8-111 of plant and animal species detected by sight, calls, tracks, scat, or other signs shall be compiled as well as a determination of potential sensitive species, which could occur on the project site. Observable sensitive resources including rare plants (including Otay tarplant) and conspicuous wildlife (i.e., birds and some reptiles) co=only accepted as regionally sensitive by the California Native Plant Society (CNPS), California Department ofFish and Game (CDFG), and United States Fish and Wildlife Service (USFWS) shall be recorded and later digitized into a GIS format and added to the Biological Resources Map. Consultant also shall conduct a delineation of areas of the project site that are under the jurisdiction of the CDFGas wetlands pursuant to Sections 1600-1603 of the California Fish and Game Code and under the jurisdiction of the ACOE pursuant to Section 404 ofthefederal Clean Water Act as waters of the United States, including wetlands. The ACOE wetlands delineation shall be performed in accordance with the Federal Manual for IdentifvinQ: and DelineatinQ: Jurisdictional Wetlands (TR Y_ 81-1). The wetlands delineation shall consist of the field identification of jurisdictional wetlands using the three criteria described in the ACOE manual: hydric soils, hydrology and hydrophytic vegetation; a predominance ofhydrophytic vegetation, where associated with a stream channel, will be used to define CDFG-regulated wetlands. TaskE - Focused Survey for California Gnatcatcher. Consultant shall conduct a focused survey for the California gnatcatcher in accordance with the USFWS protocol. Directed surveys for the federally listed threatened California gnatcatcher Shall be performed in all potential habitat areas, including marginal habitat, on the project site. The surveys were conducted according to the guidelines adopted by the USFWS on February 28, 1997. Three (3) site visits are required at a minimum interval of seven days to obtain an adequate accuracy of counts. As specified in the USFWS guidelines, surveys shall be conducted only during clement weather conditions to avoid excessive or abnormal heat, wind, rain, or fog. Data shall be collected on the number of individuals, and habitat characteristics, including slope, elevation, dominant vegetation types, and habitat disturbances. The locations of observed California gnatcatchers shall be mapped on an acetate overlay on an aerial photograph. These data should be used to estimate the number of California gnatcatchers on the project sIte and to identify those areas, if any, supporting high California gnatcatcher population densities. A report containing the findings of the survey was prepared in accordance with the requirements of the USFWS. Task F - Preliminary Biological Impact Analysis. Consultant shall conduct a prelimin"ry biological impact analysis of the W olfCanyon Sewer alignment for purposes of comparing impacts of the proposed alignment to other "out-of-canyon" options that are c=ently 'geing studied. The prelimin"ry biological impact analysis shall be based upon the alignment identified in the Preliminary Design Report and upon assumptions to be developed by Dudek and agreed to by the City. A letter report of the findings of the analysis shall be prepared and should include impacts to vegetation co=unities and sensitive biological resources. Impacts shall be characterized in terms of direct, indirect and cumulative effects on species and habitats, and should be described in terms of their presence onsite and regional significance. Graphics would illustrate the location of the site and the existing biological condition of the site. Potential impacts to sensitive resources shall also be 8-112 discussed in terms of CEQA requirements and the requirements of the Subarea Plan. This task also includes meetings and coordination with City staff in evaluating alignment options. 8-113 " FOURTH N\1END:MENT COST SUMMARY The Consultant proposes to do the work involved in the Salt Creek Gravity Sewer Project portion of this agreement for the following "Not to Exceed" amounts. 581 Element 6 - Environmental Compliance Documentation Task 6.16: Biological Mitigation Monitoring $44,300 Element 13 - Construction Services Task 13.2. -Micro-tunneling OVersight Services Task 13.4. - Additional Construction Services Task 13.4.1 - Electrical Services Task 13.4.3 - Additional Services During Construction . $161,999 $9,070 $79,290 Expenses $10,000 $12,650 Meetings i-~~~~~~~~J~?~~-;~~~1;E2~~;'~~~~~~~~~iX~[~ilj The Consultant proposes to do the work involved in Part 2 - Wolf canyon Trunk Sewer Project portion of this agreement for the following "Not to Exceed" amoUIlts. ;oqo Phase 1 - PDR Engineeririg Services Task Q: PDR Preparation $ 19,260 Phase 3 - PDR Surveying Services Task C.1: FAA Easement Confirmation Surveying Task C.2: PDR Aligrunent Confirmation Surveying I Phase 6 - Final Design Environmental Services Task D - Biological Resources Mapping Task E - Focused Survey for California Gnatcatcher Task F - Preliminary Biological Im act Anal is $ 13,275 - $ 12,361 8-114 'd6 Sq/~ bCt() Signature Page Fourth Amendment To The Agreement Between The City of Chula Vista And Dudek & Associates, Inc F or the provision of Environmental and Engineering Services required for the Final. Design and Construction of the Salt Creek Gravity Sewer Interceptor and Wolf Canyon Trunk Sewer. IN WITNESS WHEREOF, City and Consultant have eXecuted this Agreement thereby indicating that they have read and understood same, and indicaie their full and complete consent to its terms: DATED: CITY OF CHULA VISTA By Stephen C. Padilla, Mayor Attest: Susan Bigelow City Clerk Approved as to form: Anne Moore City Attorney DATED: 9-,1'G,I Exhibit List to Agreement (X) Exhibit A J:\EngiD.eer\AGENDA\Fourth-Amcndment-Dudck-Contract_FinaLac.doc 8-115 8-116 THE ATTACHED AGREEl\.1ENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL l~ t2- /.,~ Ann Moore City Attorney Dated: 7 /~"rv 7 Fifth Amendment to the Agreement between The City of Chula Vista and Dudek & Associates, Inc. for the provision of Additional Environmental and Engineering Services required For the completion of the Auto Park Sewer Line 8-117 nFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUDEK & ASSOCIATES, INC. RECITALS WHEREAS, the City Council of the City ofChula Vista, by Resolution 19484 on June 8, 1999, approved an agreement between the City of Chula Vista and Dudek & Associates, Inc. ("Consultant") to provide environmental services and a preliminary design for the Salt Creek Gravity Sewer Interceptor; and, WHEREAS, the City Council, by Resolution 2000-140 on May 2, 2000, approved an agreement with Dudek & Associates for the provision of environmental and engineering services required for the final design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer; and, WHEREAS, since then, due to changes in the project alignment, there was a need for additional consultant services to revise the design plans and specifications to reflect the new alignment as well as other changes necessary to facilitate the construction of the Salt Creek Gravity Interceptor, which resulted in the first amendment to the contract that was approved at a staff level; and, WHEREAS, since then, due to changes in the project alignment, there was a need for additional tunneling consultant services as well as additional surveying services and geotechnical services needed to prepare the final design plans necessary for the construction of the Salt Creek Gravity Interceptor, which resulted in the second amendment to the contract that was approved by City Council on August 21,2001, by Resolution 2001-272; and, WHEREAS, since then, due to changes in the project scope, there was a need for additional consultant services in order to complete the [mal design and construction of the Salt Creek Gravity Sewer Interceptor and the Preliminary Design Report for the Wolf Canyon Trunk Sewer, which resulted in the third amendment to the contract that was approved by City Council on August 27, 2002, by Resolution 2002-340; and, . WHEREAS, since then, due to changes in the project scope, there was a need for additional consultant services in order to complete the final design and construction of the Salt Creek Gravity Interceptor and the Wolf Canyon Trunk Sewer, which resulted in the fourth amendment to the contract that was approved by City Council on September 21, 2004, by Resolution 2004-302; and, WHEREAS, the City further requires Dudek & Associates to provide additional design engineering and environmental consultant services not anticipated in the Original Agreement, First, Second, Third, and Fourth amendments in order to complete the construction of the Auto Park Sewer Line, a component of the Salt Creek Trunk Sewer Project; and, 8-118 WHEREAS, City staff cannot perform the work outlined below due to lack of available staff and/or lack of expertise to provide the stated services, and that the approval of this amendment shall result in enhanced continuity of the project and expedite the timely completion of the project; and, WHEREAS, the Original Agreement, as amended by the First, Second, Third, and Fourth Amendments, shall remain in full force and effect except as modified by this Fifth Amendment. NOW, THEREFORE, BE IT RESOLVED, that the parties do hereby mutually agree that the agreement is do hereby amended as follows: AGREEMENT I. Exhibit A, Section 8A, is do hereby amended to add the following to Detailed Scope of Work for the Salt Creek Gravity Sewer Interceptor; 8. Defined Services A. SCOPE OF WORK FOR THE SALT CREEK GRAVITY SEWER INTERCEPTOR PROJECT (SW219) ELEMENT 14: FINAL ENGINEERING SERVICES Task 14.1-Completion of Record Drawings for Phases 2 and 3 of the Salt Creek Trunk Sewer Project. Consultant shall provide the completion of record drawings for phases 2 and 3 of the Salt Creek Interceptor project based on drawing markups provided to Consultant by the City. Consultant shall include the incorporation of the identified markups onto the original design plans. Consultant shall review the draft record drawings, for City approval, for conformance to the provided markups prior to finalization. Upon approval, Consultant shall provide the final record drawings in mylar form for City use. No field inspections or other investigatory work is included in this task for verification of the identified markups or for verification of actual field construction conditions. Task 14.2-Completion of the Design Plans, Specifications & Estimates (PS&E) for the Auto Park Sewer. Consultant shall provide fmalization of the plans and specifications for the Auto Park Sewer based on the design concept as previously submitted and reviewed by the City. Consultant services exclude any additional surveying, SWPPP preparation, easement acquisition, plan or profile changes or other realignment services. The last formal submittal for these plans was in July 2006. Consultant shall provide finalization of the project specifications and submittal of the plans and specifications for City final review, including the completion of a hazardous waste investigation at the pump station site only as defined in Task 15.1 below. Task 14.3-Provision of required services during the bid process - for the Auto Park Sewer. Consultant shall provide responses to bidder questions during the bidding period of the project. 8-119 Task 14.4-Provision of required engineering services during construction of the Auto Park Sewer. Consultant shall complete the record drawings for the Auto Park Sewer construction project only. This task does not include any office services, construction management services, or inspection/field services for the construction period of the project. ELEMENT 15: GEOTECHNICAL INVESTIGATION & SOILS REPORTS Task 15.1-Geotechnical Services to Complete Auto Park Sewer Design. Consultant shall provide a Hazardous Waste Investigation at PS Site. Consultant shall investigate the potential of impacted soil and/or building materials to be demolished and/or removed from the site. Consultant shall provide saw cut and hand auger 3 borings to 3 feet below grade for collection of soil samples at 0.5 feet and 3 feet below grade and test the 6 soil samples for CAM 17 metals. Consultant shall perform an "asbestos containing materials and lead based paint" survey of the interior of the pump station enclosure and shall prepare a summary letter report outlining results of investigation. Consultant shall also include services to collect and analyze four soil samples of the decomposed granite to be removed from the area of the two underground storage tanks for CAM 17 metals. ELEMENT 16: ENVIRONMENTAL COMPLIANCE DOCUMENTATION Task 16.1 - State and Federal Agency Authorizations It is anticipated that the following permits/authorized from various state and federal agencies will be required prior to construction of the Main Street Auto Park Sewer line and decommissioning of the Auto Park Pump Station~ · U. S. Army Corps of Engineers: Nationwide Permit (NWP); · California Department ofFish and Game: Section 1602 Streambed Alteration Agreement (SAA.); · Regional Water Quality Control Board: 401 Water Quality Certification Consultant shall be responsible for the processing and issuance of all permits and authorizations necessary from the appropriate state and federal agencies for construction of the Auto Park Sewer line. Consultant shall coordinate closely with City staff and with each of the regulatory agencies throughout the process. Consultant shall prepare the necessary applications and file them with the appropriate agencies. The fee for this contract does not include the required agency fees. The City shall pay those fees directly. Task 16.2-Preparation of Environmental (CEQA) Documentation ~ Consultant shall prepare the appropriate environmental document in accordance with the California Environmental Quality Act (CEQA) Guidelines. The environmental document shall address any potential impacts associated with the project (decommissioning of the pump station) and if determined appropriate provide rationale for the use of an Addendum to the Salt Creek Sewer ErR, including documentation of no new or additional significant environmental effects arising out of the proposed activities. Consultant shall provide quantification of impacts, updates to any biological information and documentation of rationale supporting the findings, to the satisfaction of City staff. Consultant shall provide 8-120 an administrative draft Addendmn for City Staff review and will respond to two rounds of comments by staff. It is anticipated that the administrative draft Addendmn can be completed within three weeks of contract authorization, and that responses to City comments can be provided within two weeks of receipt of the comments for each round. Assmning the City review period/turn-around time is two weeks per draft, the completed Addendmn will be available within 11 weeks of contract authorization. At this time it is anticipated that preparation of an addendum to the Salt Creek Sewer Final Environmental Impact Report (FEIR) would adequately meet the requirements of CEQA. The fee for this contract does not include the preparation of any other CEQA docmnent. Should it be determined that an addendmn is not the appropriate docmnent revisions to the contract scope and fee will likely be required. Task 16.3--Environmental Monitoring During Construction. Consultant shall administer implementation of the state and federal authorizations (i.e. permit compliance and enforcement. The Environmental Monitoring Tasks shall include but not be limited to: · Monitor installation of on-site mitigation measures per State and Federal Agency Authorizations; · Attendance at a pre-construction meeting; · Implement a brief education program for the employees of the construction company that will be constructing the Auto Park Sewer Line; 2. Exhibit A, Section 8B and 8C, are added to the Defined Services for the Salt Creek Gravity Sewer Interceptor; B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable Documents Due Date Completion of Salt Creek Record Drawings (phases 2 & 3) July 2007 Completion of the Design Plans, Specifications & September 2007 Estimates (PS&E) for the Auto Park Sewer Completion of Enviromnental Permits for Auto Park Sewer September 2007 8-121 FIFTH AMENDMENT COST SUMMARY The Consultant shall perform Tasks 14.1-14.4, Task 15.1, and Tasks 16.1-16.3 for the Salt Creek Gravity Sewer Interceptor Project portion for the following "Not to Exceed" amounts. SALT CREEK AMENDMENT COST SUMMARY Design Engineering Services Amount Completion of Record Drawings for Salt Creek Phases 2 & 3 $17,500 Engineering Services to Complete Auto Park Sewer Design (Drafting, Specs, $3,500 and Project Mgmt.) Consultant services to Complete Auto Park Sewer Design (Hazardous Waste $5,750 Investigation) Services During Bidding $2,000 Services During Construction (including record drawings) $5,000 Environmental Services Amount Environmental Permits for Auto Park Sewer $12,000 CEQA Docs for Auto Park Sewer $5,040 Environmental Monitoring During Construction $14,000 TOTAL COST OF REQUIRED SERVICES $64,790 REMAINING UNUSED BUDGET ($8,068) ADDITIONAL FUNDS REQUIRED FOR SERVICES $56,722 8-122 2. Exhibit A, Section IIA, is do hereby amended to revise the Hourly Rate Schedule as follows: Rate Schedule Category of Employee Name of Consultant Engineering Services Proj ect Director Dudek Program Manager Principal Engineer II Principal Engineer I Senior Project Manager Project Manager Resident Engineer Senior Engineer II Senior Engineer I Associate Engineer Proj ect Engineer IV Project Engineer ill Proj ect Engineer II Project Engineer I Field Engineer II Field Engineer I Engineering Assistant Right-of-Way Management Services Principal ROW Manager ROW Project Manager ROW Senior Engineer ROW Engineer ROW Technician ROW Research Analyst Environmental Services Principal Senior Project Manager/Specialist Environmental Specialist/Planner VI Environmental Specialist/Planner V 8-123 Hourly Rate $190.00/br $180.00/br $170.00/br $160.00/br $150.00/br $135.00/br $130.00/br $125.00/br $120.00/br $115.00/br $IIO.OO/br $IOO.OO/br $95.00/br $85.00/br $105.00/br $95.00/br $80.00/br $165.00/br $135.00/br $120.00/br $llO.OO/br $IOO.OO/br $70.00/br $200.00/br $185.00/br $160.00/br $140.00/br Category of Employee Environmental SpecialisVPlanner IV Environmental SpecialisVPlanner ill Environmental SpecialisVPlanner II Environmental SpecialisVPlanner I Analyst Planning Research Assistant Rate Schedule Name of Consultant Dudek Construction Management Services Principal/Manager Senior Construction Manager Senior Project Manager Construction Manager Proj ect Manager Resident Engineer Construction Engineer On-site Owner's Representative Construction Inspector ill Construction Inspector II Construction Inspector I Principal Sr. Hydrogeologist/Sr. Proj Mgr Associate Hydrogeologist/Engineer Hydrogeologist IV !Engineer IV Hydrogeologist ID/Engineer ill Hydrogeologist II/Engineer II Hydrogeologist I/Engineer I Technician Hydrogeological Services District Management & Operations District General Manager District Engineer District Manager District Secretary/Accountant 8-124 Hourly Rate $130.00/hr $115.00/hr $105.00/hr $95.00/hr $80.00/hr $65.00/hr $185.00/hr $170.00/hr $150.00/hr $140.00/hr $135.00/hr $130.00/hr $ I 25.00/hr $IOO.OO/hr $115.00/hr $I05.00/hr $95.00/hr $185.00/hr $160.00/hr $125.00/hr $115.00/hr $105.00/hr $95.00/hr $85.00/hr $75.00/hr $165.00/hr $ 140.00/hr $135.00/hr $85.00/hr Category of Employee Collections System Manager Grade V Operator Grade IV Operator Grade ill Operator Grade II Operator Grade I Operator Operator in Training Collection Maintenance Worker II Collection Maintenance Worker I Rate Schedule Name of Consultant Dudek Office Services - Technical/Drafting/CADD Services 3D Graphic Artist Senior Designer Designer Assistant Designer GIS Specialist IV GIS Specialist III GIS Specialist II GIS Specialist I CADD Operator II CADD Operator I CADD Drafter CADD Technician Surveying Services (Coachella Valley) Professional Land Surveyor 3-Person Survey Crew 2-Person Survey Crew I-Person Survey Crew Survey Analyst Asst.Survey AnalystlCADD Mapper Technical Editor Computer/W ord Processing Support Services 8-125 Hourly Rate $85.00/br $IOO.OO/br $85.00/br $75.00/br $63.00/br $60.00/br $50.00/br $48.00/br $36.00/br $130.00/br $115.00/br $IOO.OO/br $75.00/br $130.00/br $1l5.00/br $105.00/br $95.00/br $90.00/br $80.00/br $75.00/br $60.00/br $150.00/br $225.00/br $195.00/br $105.00/br $105.00/br $75.00/br $105.00/br $75.00/br Category of Employee Clerical Administration Rate Schedule Name of Consultant Dudek Hourly Rate $65.00/hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness will be billed at 1.75 times normal rates. Emergency and Holidays - Minimum charge of two hours will be billed at 1.5 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. I 5 times the direct cost. Travel Expenses - Mileage at 48.5 cents per mile. Per diem where overnight stay is involved is charged at cost 8-126 Signature Page To Fifth Amendment To The Agreement Between The City of ChuIa Vista And Dudek & Associates, Ine For the provision of additional environmental and engineering services required for the completion of the Auto Park Sewer Line (a component of the Salt Creek Trunk Sewer Project) IN WITNESS WHEREOF, the City of Chula Vista and Dudek & Associates, Inc. have executed this Fifth Amendment to the Agreement indicating that they have read and understood the provisions of this Fifth Amendment, and indicate their full and complete consent to its terms: Dated: City of Chula Vista By: Cheryl Cox, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: 4.;lj"ol J:EngineerIAGENDAlAgreements\2007\Dudek Fifth Amendment Ip.doc 8-127 RESOLUTION NO. 2007- RESOLUTION OF THE CrTY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING A FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CrTY OF CHULA VISTA AND DUDEK & ASSOCIATES, INC, FOR THE PROVISION OF ADDITIONAL ENVIRONMENTAL AND ENGINEERING SERVICES REQUIRED FOR THE COMPLETION OF THE AUTO PARK SEWER LINE (A COMPONENT OF THE SALT CREEK TRUNK SEWER PROJECT), AND AUTHORIZING THE MAYOR TO EXECUTE THE FIFTH AMENDMENT WHEREAS, the City Council of the City of Chula Vista (City Council), by Resolution No. 19484 on June 8, 1999, approved an agreement with Dudek & Associates, Inc. to provide engineering and environmental services for the Salt Creek Gravity Sewer Trunk; and WHEREAS, the City Council, by Resolution No. 2000-140 on May 2, 2000, approved a separate agreement with Dudek & Associates, Inc. for the provision of environmental and engineering services required for the final design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Gravity Sewer Interceptor (Agreement); and WHEREAS, due to changes in the project alignment, there was a need for additional consultant services ;n order to prepare the final design plans necessary for the construction of the Salt Creek Gravity Interceptor, which resulted in the First Amendment to the Agreement that was approved at a staff level on November 14,2000; and WHEREAS, on August 21, 2001, by Resolution No. 2001-272, the City Council approved the Second Amendment to the Agreement for the provision of environmental and engineering services requil'ed for the final design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Gravity Sewer Interceptor; and WHEREAS, on August 27, 2002, by Resolution 2002-340, the City Council appl'Oved the Third Amendment to the Agreement for the provision of environmental and engineering services required for the final design and construction of the Salt Creek Gravity Sewer Interceptor and the Preliminary Design Repol1 for the Wolf Canyon Gravity Sewer Interceptor; and WHEREAS, on September 2 t, 2004, by Resolution 2004-302, the City Council approved the Fourth Amendment to the Agreement for the provision of environmental 8-128 and engineering Services to complete the final design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer; and WHEREAS, the City requires additional consultant services not anticipated in the original Agreement, or the First, Second, Third, and Fourth Amendments to that Agreement, in order to complete the construction of the Auto Park Sewer, a component of the Salt Creek Trunk Sewer Project; and WHEREAS, City staff cannot perf 01111 this work due to lack of available staff and lack of expertise to provide these services, and the approval of this Fifth Amendment to the Agreement will result in enhanced continuity of the Project and expedite the timely completion of the Project. NOW, THEREFORE, BE [T RESOLVED by the City Council of the City of Chula Vista that it waives the fonnal consultant selection process for engineering and environmental professional services outlined in Municipal Code section 2.56.110, pursuant to Municipal Code section 2.56.090. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it approves the Fifth Amendment to the Agreement with the Dudek & Associates, Inc. for the provision of additional environmental and engineering services required for the final design and construction of the Auto Park Sewer, a component of the Salt Creek Gravity Sewer Interceptor, a copy of which shall be kept on file in the Office of the City Cleric BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes the Mayor of the City of Chula Vista to execute the Fifth Amendment on behalf of the City ofChula Vista. Presented by Approved as to fom1 by Scott Tulloch City Engineer '-/~ /I /C~ Ann Moore City Attomey 11:".IN(;rNEER',RES()S',R':Slls2()()7\05_1) 1-()TDud<:k 5Ih-<.l111L:ndl11t:111 revised by ec.doc 8-129