19-0115_DUDEK_E20_Agenda ReportCity of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: ft*¡^ in Siegel, City Mana S"r.¿4'L'-
SUBMITTED BY: Steve May, Public Works and Utilities Director
PREPARED BY: Michael Marquis, P.E., Associate Civil Engineer
DATE: January 15,2019
1t15t2019
F,20
Construction Contract and Professional Services Agreement for the
Annual Sewer Rehabilitation Program (ClP 18701) (Sancon
Technologies lnc. and Dudek)
SUBJECT
RECOMMENDATION:
1. Approve and authorize the City Manager to execute a construction contract with
Sancon Technologies lnc. for the Annual Sewer Rehabilitation Program, in the
amount of $844,481; and,
2. Authorize the City Manager to approve construction change orders for a total
contract price increase not to exceed $84,400; and,
3. Approve and authorize the City Manager to execute a professional services
agreement with Dudek for construction management and inspection services for the
Annual Sewer Rehabilitation Program, in the amount of $153,700; and,
4. Authorize the City Manager to approve amendments to the professional services
agreement with Dudek for a total contract price increase not to exceed to $15,400.
EXECUTIVE SUMMARY:
Video inspections of the City's sanitary sewer collection system have revealed several
locations that are in need of repair to maintain the integrity of sewer pipelines. The
scope of the Sewer Rehabilitation Program (Project) is to install structural lining inside
approximately 10,000 lineal feet of existing pipes at various locations throughout the
city. Bid documents were purchased by 12 firms, and the City received bids from four
firms as listed in the table on page 2 of this report. Staff recommends approval of a
construction contract for the Project in the amount of $844,481 with the low bidder,
Sancon Technologies lnc. Staff also recommends that the City Manager be authorized
to approve contract change orders up to ten percent of the base contract amount should
unforeseen conditions be encountered during construction.
City Council Agenda Report
January 15,2019
Page 2 of 4
Construction projects of this magnitude require close monitoring and inspection of the
contractor to verify that the materials, equipment, and techniques used during
construction are in accordance with the contract documents and the manufacturer's
installation instructions. This project involves the use of specialized materials and
equipment to install a pipe within a pipe using trenchless construction methods. Staff
solicited proposals for construction management and inspection services through a
request for proposals (RFP) that was posted on the City's website and sent to four
consulting firms. The City received bids from three firms as listed in the table on page 3
of this report. All of the firms are qualified and capable of providing the needed services.
Staff recommends approval of a professional services agreement (PSA) with Dudek in
the amount of $153,700. Staff also recommends that the City Manager be authorized to
execute amendments to this PSA to increase the agreement amount by $t5,400 (ten
percent of base agreement amount).
DISCUSSION/ANALYSIS:
The City is under contract with Empire Pipe Cleaning and Equipment lnc. to provide
closed circuit television video (CCTV) inspection, cleaning, and maintenance services
for the sanitary sewer and storm drain collection systems. The condition of each
segment of the sewer collection system may be ascertained by reviewing these CCTV
video inspections and the corresponding reports of structural deficiencies. Staff has
identified approximately 10,000 lineal feet of sewer pipelines, ranging in diameter from
six inches to 18 inches, that are structurally deficient and that require rehabilitation. The
locations of these segments of pipelines are identified in Appendix B of the contract
documents that are available in the City Clerk's office. The Project also includes
rehabilitation of deficient manholes, replacement of corroded manhole frames and
covers, and other incidental work. The City received bids from four firms as listed in the
following table.
Table of Construction Bids Received
Firm Bid Amount
Sancon Technologies lnc $ 844,481
Southwest Pipeline & Trenchless Corp $1,015,270
lnsituform Technologies LLC $1.144,307
Nu-Line Technologies LLC $1.226,570
The bid submitted by the low bidder, Sancon Technologies lnc., had arithmetic errors
that resulted in an incorrect bid amount of $885,408. After correcting the arithmetic in
accordance with instruction in the bid documents, a corrected bid amount of $844,481
was calculated as listed in the table above and as shown on Attachment 1. Staff
recommends award of a construction contract for the Project to the low bidder, Sancon
Technologies lnc., in the amount of $844,481. A ten percent contingency allowance of
$84,500 is also recommended to address any unforeseen conditions that might be
encountered d u ring construction.
City Council Agenda Report
January 15,2019
Page 3 of 4
Due to the specialized nature of the work, staff has issued a request for proposals
(RFP) for construction management and inspection services during construction of the
Project. ln accordance with the requirements of the RFP, proposals were required to
identify a management and inspection team with prior knowledge, understanding, and
experience with similar projects. Staff received proposals from three firms as listed in
the table below.
Table of P ls Received
All proposals presented clear understanding of the project components and identified
project teams with demonstrated recent experience on similar projects and industry
certifications from the NationalAssociation of Sewer Service Companies. After review of
the proposals, staff recommends award of a professional services agreement in the
amount of $153,700 with Dudek for construction management and inspection services
(Attachment 2). A ten percent contingency allowance of $15,400 is also recommended
to address any unforeseen conditions that might be encountered during construction.
FISCAL IMPACT
The Annual Sewer Rehabilitation Program (ClP 18701) has a current budget of
approximately $1.2 million dollars, which will cover the total expected Project costs of
$1,097,981 for construction and for construction management and inspection services,
as outlined in the table below.
Table of Construction Costs
ENVIRONMENTAL IMPACT:
On December 13, 2018, a Notice of Exemption for the Annual Sewer Rehabilitation
Program was filed with the County Clerk-Recorder stating that the project constitutes a
Categorical Exemption per Class 1, Section 15301(b) "Existing Facilities" and Class 2,
Section 15302(c) "Replacement or Reconstruction" in accordance with Section 15061 of
the California Environmental Quality Act (CEQA) Guidelines.
PRIOR CITY COUNCIL REVIEW:
There has been no prior City Council review of this item
Firm Level of Effort (Hours)Corresponding Fee
Dudek 1 ,100 $153,700
$154,480NV51,016
Michael Baker lntl 1,149 $189,476
Contingency
Amount
TotalsItemBase Contract
Amount
$84,400 $ 928,881Construction$844,481
$15,400 $ 169,100lnspection & Management $153,700
$99,800 $1,097,981Totals$998,1 81
City Council Agenda Report
January 15,2019
Page 4 of 4
COMM ISSION/COM M ITTEE/BOARD REVI EW AN D RECOMM EN DATI ONS:
The Utilities Commission will review this item at its meeting on January 15,2019. Staff
will prepare a supplemental report if the Utilities Commission does not support the
recommended action or has comments for the City Council.
NOTIFICATIONS:
Dudek
Michael Baker lnternational
NV5
Nu-Line Technologies LLC
Sancon Technologies lnc.
I nsituform Technologies LLC
ATTACHMENTS:
Attachmentl: Construction Contract
Attachment2: Professional ServicesAgreement
ENCLOSURE:
Enclosure 1: Contract Documents for the Annual Sewer Rehabilitation Program are on
file and available for review at the City Clerk's office.
00 52 13 - CONTRACT
This CONTRACT, No. 18701 is made and entered into this 15th day of January, 2019, by and
between City of San Juan Capistrano, sometimes hereinafter called "City," aÍìd Sancon
Technologies lnc., sometimes hereinafter called "Contractor."
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these
presents do covenant and agree with each other as follows:
a. SCOPE OF WORK. The Contractor shall perform allWork within the time stipulated in
the Contract, and shall provide all labor, materials, equipment, tools, utility services, and
transportation to complete all of the Work required in strict compliance with the Contract
Documents as specified in Article e below, for the following Project:
Annual Sewer Rehabilitation Program, CIP 18701
The Contractor and its surety shall be liable to the City for any damages arising as a result of
the Contractor's failure to comply with this obligation.
b. TIME FOR COMPLET¡ON. Time is of the essence in the performance of the Work. The
Work shall be commenced on the date stated in the City's Notice to Proceed. The Contractor shall
complete all Work required by the Contract Documents within 120 calendar days from the
commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor
agrees the time for completion set forth above is adequate and reasonable to complete the Work.
c. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the
performance of the Contract, subject to any additions or deductíons as provided in the Contract
Documents, and including all applicable taxes and costs, the sum of Eight Hundred Forty Four
Thousand, Four Hundred Eighty One Dollars ($844,481). Payment shall be made as set forth in
the General Conditions.
d. LIQUIDATED DAMAGES. ln accordance with Government Code section 53069.85, it is
agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11 for
each and every calendar day of delay beyond the time prescribed in the Contract Documents for
finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. ln the event this is
not paid, the Contractor agrees the City may deduct that amount from any money due or that may
become due the Contractor under the Contract. This Article does not exclude recovery of other
damages specified in the Contract Documents.
e. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the
following:
Notice lnviting Bids
I nstructions to Bidders
Bid Form
Bid Bond
Designation of Subcontractors
lnformation Required of Bidders
Non-Collusion Declaration Form
lran Contracting Act Certification
Public Works Contractor Registration Certification
00 52 13 - CONTRACT1ü 1 47 .A2 1 00\209 50242. 4
ATTACHMENT 1, Page 1 of 6
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Standard Specifications for Public Works Construction "Greenbook", latest edition, Except
Sections 1-9
Applicable LocalAgency Standards and Specifications, as last revised
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract
The Contractor shall complete the Work ín strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary, Work required by one of the
Contract Documents and not by others shall be done as if required by all. This Contract shall
supersede any prior agreement of the parties.
f. PROVISIONS REQUIRED BY LAW AND CONTRAGTOR COMPLIANCE. Each and
every provision of law required to be included in these Contract Documents shall be deemed to
be included in these Contract Documents. The Contractor shall comply with all requirements of
applicable federal, state and local laws, rules and regulations, including, but not limited to, the
provisions of the California Labor Code and California Public Contract Code which are applicable
to this Work.
g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in
the General Conditions.
h. PREVAILTNG WAGES. Contractor shall be required to pay the prevailing rate of wages
in accordance with the Labor Code which such rates shall be made available at the City's
Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be
posted at the job site.
IREMAINDER OF PAGE LEFT INTENTIONALLY BLANKI
00 52 13 - CONTRACT26 1 1 47 .021 00\209 50242.4
ATTACHMENT 1, Page 2 of 6
lN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on
the day and year above written.
CITY OF SAN JUAN CAPISTRANO
By--
Name and Title:Date:
4rrv¡¡< ãncton¡f , ?)rnf¡or¿.f
License No.
?lL{ a<<
Date:
¿
(CoNTRACTOR'S S|GNATURE MUST BË
NOTARIZET¡ AND CORPORATE
SEAL AFFIXED, IF APPLICABLE}
Approved as to form nis 26t aayo¡ Ù¿ccq\rr 20J-8.
for Clty
END OF CONTRACT
00 62 13 - CONIRACÌ3a1 1 47 .0210A\20950212.1
ATTACHMENT 1, Page 3 of6
A notarv oublic or other officer comoletino this certificate
verifies bnlv tne identitv of the individual -who sioned the
document t'o which this'certificate is attached, anð not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF t )f a¿,u¿v?- '
on ,ûo**,ÅnJj*7
^ , (,berore me,
appeared f lqtr"t./t f2n,t,t-¿'Yt"'3-,"
Notary Acknowledgment
,/) lt-/'- Vt z l¿rr¿l-Notary Public, personally
who proved to me on the basis of satisfactory
WITNESS my hand and officialseal
/ /*.,*þ)¿ut
evidence to be tle personSwhose nameffis/aré-subscribed to the within instrument and acknowledged to
me that he/drreltib¡ executed the same in his/herTthãir authorized capacity(þ61, and that by his/her/their
signature(sf on the instrument the person(g), or tÉe entity upon behalf of
'which''thé personfi$ acied, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
COMM.I
9Püblic
Signature of Notary Publ¡c
OPTIONAL
Though the information below ¡s not requ¡red by law, it may prove valuable fo persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
¡ lndividual
¡ Corporate Officer
or Type
Çt
Title(s)
¡ Partne(s) 1¡
l
¡ Attorney-ln-Fact
n ïrustee(s)
n Guardian/Conservator
n Other:
Signer is representing:
Name Of Person(s) Or Enlity(ies)_
Limited
General Number of Pages
Olher Than Named Above
4 00 52 13 - CONTRACTB 1 1 47 .O2 1 00\209 50242. 4
ATTACHMENT 1, Page 4 of 6
ID Description Estimated
Quantitv Unit Unit
Price
Extended
Price
1
Mobilization/Demoþilization
(Cannot exceed 10% oÍ bid items 2-22)1 LS Ïltgo $,m
2 Orange County
Perrnit Comolia
Fiood Control District lnsurance and
nce. Complete 1 LS 4çæ {rn
â Southern Calífornia Regional Rail Authority Permit
and Compliance, Complete 1 LS (îW -.ß,þv _ffiy4Sheeting, Shoring and Bracing 1 LS {#w
5 1 LS tI#äoÍ | 6lqqrTraffic Control, Public Convenience and Safety
6 Potholing 10 EA illWqu"¡ twvtq
7 Dig and Replace 6" & 8" sewer line, depth s 10 ft.274 LF {vÅsp qt,!-?;îrû
I Díg and Replace 6" & 8' sewer line, depth > 10 ft.120 LF l&r¡6¡nfiaq(læq
I Temporary Sewer Bypass 6" (All Segments)I LS I lot f, çã)
10 Cured ln Place Pipe Lining - 6" diameter 990 LF 4 grt tg9,&)
11 Temporary Sewer Bypass 8" (All Segments)1 LS l,rça)g t,*Ð
12 Cured-ln-Place Pipe Lining - 8" diameter 7,820 LF û gt üî.qL,'l"o
13 Cured-in-Place Pipe Lining 18" diameler storm drain 284 LF {tço lnl?'ffi
14 200 LF 4 t?Z 4+b,qØCured-ln-Place Pipe Partial Lining, 8" Diameter
'15 Cured in Place Pipe Partial Lining, l5" Diameter 10 LF #çt0 lç)a)
16 Cut and Remove Protruding laterals, gaskets, large
roots. other obstructions JO EA flllgg î tÉ,çît
17 Manhole Rehabilitation (includes pressure grouting)12 EA lr,ut7 l\t,Mo
18 Manhole Rehabilitation (no pressure grouting)12 E4¡¡YrLs¿o attr.fito
19 Manhole Frame & Cover 12 EA lD#,*Itwt
20 48 $trl27 üÇ9,1s6Service Lateral Connection Repair (Top Hat Style)EA
21 Ralse Manhole 16 EA {#},ll il t>l{l
I EA22Raise Cleanout TW la,ß+L
A. BID SCHEDULE
ANNUAL SEWER REHABILITATION PROGRAM, CIP I8701
The costs for any Work shown or required in the Contract Documents, but not specifically
identified as a line item are to be included in the related line items and no additional compensation
shall be due to Contractor for the performance of the Work.
ln case of discrepancy between the Unit Price and the ltem Cost set forth for a unit basis item,
the unit price shall prevail and shall be utilized as the basis for determining the lowest responsive,
responsible Bidder. However, if the amount set forth as a unit price is arnbiguous, unintelligible or
uncertain for any cause, or is omitted, or is the same amount as the entry in the "ltem Cost"
column, then the amount set fotlh in the "ltem Cost" column for the item shall prevail and shall be
divided by the estimated quantity for the item and the price thus obtained shatl be the Unit Price.
OO 41 43 - BID FORMS
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l{o d}t
t95,tlô,tb
7L,4go llt
,l{+
95.r5g,r¡l
î,fla t*
Sewer Rehabllltation Program, CIP 18701 -1 B-
ATTACHMENT 1, Page 5 of6
colurin, then the amount set forth in the "ltem Cost" column for the item shall prevail and shall be
divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price.
For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit
prices and any apparent errors in the addition of lump sum and extended prices.
quantities for Unit Price items are for purposes of comparing Bids only and the City
makes no representation that the actual quantities of work performed will not vary from the
estimates. Final payment shall be determined by the Engineer from measured quantities of work
performed based upon the Unit Price,
B. TOTAL BID PRIGE:
The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be
withdrawn for the number of calendar days indicated in the Notice lnviting Bids from and afier the
Bid opening, or until a Contract for the Work is fully executed by the City and a third party,
whichever is earlier.
The successful bidder hereby agrees to sign the contract and furnish the necessary bonds and
certificates of insurance within ten (10) working days after the City provides the successful bidder
with the Notice of Award.
Upon receipt of the signed contract and other required documents, the contract will be executed
by the City, after which the City wíll prepare a letter giving Contractor Notice to Proceed. The
official starting date shall be the date of the Notice to Proceed, unless othenruise specified. The
undersigned agrees to begin the Work within ten (10) working days of the date of the Notice to
Proceed, unless othenrise specified.
The undersigned has examined the location of the proposed work and is familiar with lhe
Drawings and Specífications and the localconditions at the place where work is to be done.
AO 41 43 - BID FORMS
ote: ln the process of evaluating bids, The City discovered a math error in the total bid price listed
low. The City has provided the correct numerical total below, per the terms outlined above
,481 (see note above)
TOTAL BID PRICE BASED ON BID SCHEDULE TOTAL OF UNIT PRICES
FOR THE ANNUAL SEWER REHABILITATION PROGRAM CIP 18701
Total Bid Price ín Written Form hrrù-ffi,ñ
ln case of discrepancy between the written price and the numerical price, the written price
shallprevail.
otal Bid
s fll3oI
Ê.ta¿t lh¡¿æ<o bq Opc, Tirousa"Ð,
008
È{v¡¡¡¿D 0¡. D*..,fæ , N t.o*o
in Numbers
Sewer Rehabilitation Program, CIP 18701 -19-
ATTACHMENT 1, Page 6 of 6
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of _, 20- by and
between the City of San Juan Capistrano, a municipal corporation organized and operating
under the laws of the State of California with its principal place of business at 32400 Paseo
Adelanto, San Juan Capistrano, CA 92675 ("City"), and Dudek, a Corporation with its principal
place of business at27372 Calle Arroyo, San Juan Capistrano, CA 92675 (hereinafter referred
to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and
collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
construction management and inspection services for the following project:
Annual Sewer Rehabilitation Project, CIP 18701 (hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A."
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B."
b. ln no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $153,700 (One Hundred Fifty Three
Thousand Seven Hundred Dollars). This amount is to cover all printing and related costs, and
the City will not pay any additional fees for printing expenses. Periodic payments shall be made
within 30 days of receipt of an invoice which includes a detailed description of the work
performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. AdditionalWork.
lf changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
1
6 | I 4'.1 .02t 00\1097 47',77 .2
Updated April 2018
ATTACHMENT 2, Page 1 of 19
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice to
Proceed"). Consultant shall complete the services required hereunder within 120 Calendar
Days. The Notice to Proceed shall set forth the date of commencement of work.
6. Delavs in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not
limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including CaI/OSHA requirements.
b. lf required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. lf applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
6 t I 47 .021 00\1097 47 77 .2
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ATTACHMENT 2, Page 2 of 19
9. Assiqnment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. lndependentConsultant
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. lnsurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. ln
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Commercial General Liabilitv
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability lnsurance, in a form and with insurance companies acceptable to
the City.
(i¡) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) lnsurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability lnsurance must include coverage
for the following
(1) Bodily lnjury and Property Damage(2) Personallnjury/Advertisinglnjury(3) Premises/Operations Liability(4) Products/CompletedOperationsLiability(5) Aggregate Limits that Apply per Project(6) Explosion, Collapse and Underground (UCX) exclusion
deleted(7) Contractual Liability with respect to this Contract(8) Broad Form Property Damage(9) lndependentConsultantsCoverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
61147.02100\10974777 2
3
Updated April 2018
ATTACHMENT 2, Page 3 of 19
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 '10 01 and 20 37 10 01 , or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liabilitv
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability lnsurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as lnsurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers'Compensation/Employer's Liabilitv
(¡) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(¡i) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and lnsurance Act," Division lV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
d. Professional Liabilitv (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
6tt4l.o2too\t0g74711.2
4
Updated April 2018
ATTACHMENT 2, Page 4 oî 19
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must "pay on behalf of'the insured and must include a provision establishing the insurer's
duty to defend.
e. Minimum Policv Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Sinole Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer's Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(i¡i) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional lnsured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of lnsurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Policv Provisions Required
(¡) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. lf any of the required coverage is cancelled or expires
61147.02100\1Qg74777.2
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ATTACHMENT 2, Page 5 of 19
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional lnsured Endorsement to the City at least ten (10) days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) yearextended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h. Qualifvinq lnsurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:Vll and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California lnsurance
Code or any federal law.
i. Additional lnsurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
6 | | 47 .021 00\109'7 47 7 7 .2
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6
ATTACHMENT 2, Page 6 of 19
(ii) lf at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. ln the alternative, City
may cancel this Agreement.
(ii¡) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(¡v) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant lnsurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. lf requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or su bconsu ltants.
12. lndemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel of City's choosing), indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any
acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees,
subcontractors, consultants or agents in connection with the performance of the Consultant's
services, the Project or this Agreement, including without limitation the payment of all damages,
expert witness fees and attorney's fees and other related costs and expenses. Consultant's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. lf Consultant's obligation to defend, indemnify, and/or hold harmless
arises out of Consultant's performance of "design professional" services (as that term is defined
under Civil Code section 2782.8), then, and only to the extent required by Civil Code section
2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not
exceed the Consultant's proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects
7
6 | t 47 .02 I 00\1097 47 77 .2
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ATTACHMENT 2, Page 7 of 19
("Prevailing Wage Laws"). lf the services are being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws. lt shall be mandatory
upon the Consultant and all subconsultants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages (Labor Code Sections 1771 ,1774 and
1775), employment of apprentices (Labor Code Section 1777 .5), certified payroll records (Labor
Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and
debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to
submit certified payroll records directly to the Labor Commissioner under Labor Code section
1771.4 shall not apply to work performed on a public works project that is exempt pursuant to
the small project exemption specified in Labor Code Section 1771.4.
b. lf the services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such services must be registered with the
Department of lndustrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of lndustrial Relations. lt
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements. Notwithstanding the foregoing, the contractor registration
requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work
performed on a public works project that is exempt pursuant to the small project exemption
specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of lndustrial Relations. lt shall be Consultant's sole
responsibility to comply with all applicable registration and labor compliance requirements. Any
stop orders issued by the Department of lndustrial Relations against Consultant or any
subcontractor that affect Consultant's performance of services, including any delay, shall be
Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the Department of
lndustrial Relations against Consultant or any subcontractor.
14. Verification of Emplovment Elisibilitv.
By executing this Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the lmmigration Reform and Control Act of
1986, as may be amended from time to time, and shall require all subconsultants and sub-
subconsultants to comply with the same.
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California. lf any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of Orange, State of California.I
6 I 1 47 .021 00\1097 47't7 .2
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ATTACHMENT 2, Page 8 of 19
16. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. ln such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
of services rendered for any portion of the work completed prior to termination. lf said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
17. Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City.
18. Oroanization
Consultant shall assign George Litzinger as Project Manager. The Project Manager
shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Aoreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Steve May, Public Works Director
6 t t 47 .02t 00\1097 47 77 .2
Updated April 2018
CONSULTANT:
Dudek
27372 Calle Arroyo
San Juan Capistrano, CA 92675
Attn: George Litzinger, Project Manager
I
ATTACHMENT 2, Page 9 of 19
and shall be effective upon receipt thereof
22. Third Partv Riqhts
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
23. EqualOoportunitvEmplovment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or wriüen understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
25. Severabilitv
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
26. Successors and Assiqns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. Citv's Riqht to Emplov Other Consultants
6II47 02100\10974777 2
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ATTACHMENT 2, Page 10 of 19
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
30. Prohibited lnterests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
ISTGNATURES ON FOLLOWTNG PAGEI
6 I I 47.021 O0\t 097 47 77 .2
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ATTACHMENT 2, Page 11 of 19
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BET\ilEEN THE CITY OF SAN JUAN CAPTSTRANO
AND DUDEK
lN WITNESS WHEREOF, the Parties have sxecuted this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO DUDEK
By:By:
Benjamin Siegel
City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
6r t47.02 I ü)\l 0974?77 2
Updrtcrl April 2018
Printed n"'"' r,"lilSJl"t
Ghalrman / CEO
Its:
ì
By:
12
ATTACHMENT 2, Page 12 of 19
EXHIBIT A
Scope of Services
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ATTACHMENT 2, Page 13 of 19
1 Scope of Services
1.1
CIPP
Pre- and post-CCTV quality has been found to be the most
critical aspect of concern on previous CIPP construction
projects. Most simply, if lhere is not a clear picture, you cannot
identifu what is wrong with the sewer line. We will enforce that
all CCW submissions meet the quality and intent of the
specification for visual qualily. lt is also critícal that a final CCTV
is done once all repairs-in situ repairs, lateralconnections, or
CIPP repairs-are completed. Many CIPP contractors will try
to submit final CCTV after initial CIPP lining and not once all
work is completed with the lining and repair process.
Managing public concerns and complaints is a critical issue to Cpp liner is insened into the exßting hox pþe;
all municipalities and Dudek is committed to mitigating all water is used to inflate the liner, molding itto the
resident concerns, questions, and complaints prior to a existing host pipe. Heating the water cures the
resident elevating these issues to the City Management or linertothepipe
Council level. Dudek successfully handled over 250 resident
calls on our previous pro.lect for the City of Culver. Early coordination with residents and businesses is essential.
Dudek will also insure the contractor is providing the proper notifications to the residents and businesses on a
timely basis; successfully informing the public will reduce the amount of complaints and issues. The key to a
successful CIPP project is to inform residents in a timely manner, and perform the work as rapidly as possible
with a well-trained inspector on site at all times to respond to resident complaints and concerns. Dudek
maintained a response time of less than t hour for all calls received.
1,2 Project Approach
Dudek will provide inspection and construction management services during the lining of the City's sewer main
lining rehabilitation program.
1. Project Familiarity
The inspector and CM will have a comprehensive knowledge of the contractor's work for this prolect, will be
familiar with the contract documents, and will r,valk all of the affected streets and easements so that we have a
full understanding of project elements. We will work closely with the City and contractor to complete a
successful project.
We understand the sensitive nature of the project, including working in easements and busy multi-lane streets
with heavy traffic. We will work closely with the residents and contractor to minimize impacts. We also
understand the technical nature of this pro.lect and the imporlance of quality assurance/quality control (OA/aC)
of the installed work. Dudek will develop a QA/QC program that will make ceftain all testing and inspection
activities are performed with quality materials and state-of-the-art workmanship, and will ensure the pro.lect is
completed on-schedule and within budget The QA/QC personnel will strictly enforce the technical
DUDEK CM & lnspection Services for the Annual Sewer Rehabilìtation Project, CIP 18701
ATTACHMENT 2, Page 14 ol 19
Project Understanding
specificalions, construction drawings, industry standards, and manufacturer's recommendations to provide only
approved materials and installalion workmanship.
We understand the importance for proper notifìcation and establishing a positive relationship with residents and
businesses to complete the lining work. We will coordinate the notifìcation process, which will ìnvolve mailing
notifications, community meetings, advanced warning signs, hand-delivered notices, and speaking directly to
affected residents and businesses.
2. Preconstruction Meeting
We will chair the preconstruct¡on and progress meetings. Prior to the Notice to Proceed, we will meet jointly
with the contractor, City, and other involved entíties as needed to outline for the contractor the following:
contract administration guidelines, contractual roles and relationships, and reinforcement of specific
requirements for safety, securiÇ, and access through various construction areas. Dudek will prepare the agenda,
conduct the meeting, and issue meeting minutes. The preconstruction meetíng will set the tone for the pro1ect,
and it is crucial that the contractor understands that we expect him to comply with the contract documents,
particulady in regards to public relations. The goal is to make certain that the contractor understands we are
there to enforce the specifications, and that we will do it fairly and consistently.
3. Construct¡on Management / lnspection
We will report on the contractols work, including that which is nol applied in strict conformance with the
contract specifications, pro;ect submittals, and manufacturer's requirements. The CM willassist in reviewing and
coordinating submittal and RFI reviews with the City to expedite the submittal turnaround process. Dudek will
provide the following reporting and recordkeeping:
Setup Logs. We will maintain logs for submittals, RFI's, Request for Proposals (RFP's), and Change Orders (CO)
in a format assessable to City staff. We will set our files up according to the City's requirements. Ihese logs will
be updated weekly and sent io the City for review and will be included in the bi-weekly meeting minutes.
Material Tickets. Ihe inspector will maintain excellent records of the material tickets (wet out logs, concrete
delivery tickets, etc.) which are critical to insure the correct amount and Çpe of resin are being used on each
CIPP liner.
lnspection. We will rnspect all construction-related activities and recommend acceptance of work when
performed in accordance with the contract dócuments on a full-time basis. He will work with the contractor to
fairly interpret the contract drawings and specifications. The inspector will coordinate review of all RFI's, will
obtain a suitable response as soon as possible and continue to interface with the City until the RFI is answered
satisfactorily. The inspector will provide daily reports and digital photos documenting the contractor's progress
for each working day The digital photos will be included with each daily report.
4. Public Relations
The project will occur on and affect City streets and some residential easements. Public outreach will be one of
the most important aspects of tlre job. Dudek will work with the City and contractor to develop and implement
a community outreach program that will provide regular updates to residents and businesses affected by this
project The program will include distributing mailers and door hangers to residents and businesses located
around the project. We suggest mailers be sent out two weeks in advance as well as advanced warning signs
(for lhe open trench areas). We suggest the final notice be sent 48-hor-rrs in advance rather than 24-hours, as it
will give the contractor the abílity to make special arrangements, if needed, for special-needs residents
CM & lnspection Services for the Annual Sewer Rehabilitation Project, CIP 1870-1 2
ATTACHMENT 2, Page 15 of 19
DUDEK
5. Change Order Preparation, Negotiation, and Processing
We will prepare RFls (at the request of the City), cost estimates, review cost proposals, track extra work or
disputed work from the contractor for changes and negotiate final costs with the final approval of the City. We
will monitor and track disputed and extra work. Dudek will not authorize any changes or extra work without the
permission of the City. We will prepare written justifications for each approved change order, which we will
present to the City. We will track all potential and executed change orders on a change order log, which tracks
cost and schedule impacts. Dudek will not authorize any change orders or changes to the contract documents
without written approval of the City and an executed change order. Should any additional support be required
for a change order, claims analysis or negotiation, Mr. George Li2inger will assist to resolve these issues.
6. Construction Schedule
We will review and analyze each activity and the logic to determine if the work conforms to the contract
requirements and if the work can be built to the contractor's schedule. We will compare production rates and
material rates. We will also review the schedule to ensure that it conforms with the requirements of the City as
well as any stated working day limitations, City holidays, etc. stated in the contract.
7. Construct¡on Progress Meetings
We will chair bi-weekly construction progress meetings and will prepare the agendas and distribute the meeting
minutes from these meetings. The meeting minutes will designate who is responsible for action item results, and
will be distributed to all in attendance and to the City within 48 hours of the meeting. These action items,
chronologically listed, will be tracked untilthey are resolved.
8. Progress Payments
The Dudek team realizes the importance of an accurate and timely review of the monthly progress payments.
We will field measure and track all bid quantities in accordance with contract documents as the work is being
installed and will meet with the contractor and discuss and agree to pay quantities, schedule of values (for lump
sum bid items), and review the contractor's 'as-builts' at the end of the month. Dudek will then make a
recommendation to the City for the amount of the monthly progress payment on a City-approved format
payment request.
9. Testing Services
Dudek's staff is thoroughly trained in the procedures of field testing and will provide: visual inspection, liner
thickness, and liner sample acquisition. They will coordinate the testing of structural properties, chemical
resistance properlies, testing for leakage of the installed liner, and charn-of-custody procedures to ensure
accurate test results for the CIPP liners. We will be responsible to for coordinating and scheduling any required
testing lab services for both the CIPP liners and other. We will maintain a materials testing log to document the
location and material being tested. Mr. White will also review all materialtest results and review the inspector's
logs for accuracy. We will notiñ7 the contractor immediately of any failing test results, which will be tracked on a
materialtesting log until the issue is resolved.
10. Quality Review, Sampling
Dudek will verifr7 the quality of the work being performed throughout all phases of the project, perform close
visual observations at regular intervals, and suruey the overall progress of the project. We will provide the
overall site quality review and perform/coordinate all testing on the project. Mr. White will be our second set of
eyes to ensure the testing frequenry and review the test results to ensure that all work and materials provided
EUDEK CM & lnspection Seruices for the Annual Sewer Rehabilitation Project, CIP 18701 3
ATTACHMENT 2, Page 16 of 19
are in accordance with the contract documents. We will check CIPP liner thickness, revíew pre- and post-CCW
and will follow the inspection and liner defect practices per NASSO tandards. We will also collect and log
material delivery tickets, verifu pipe diameter, and check sewer line grade on a daily basis. We will inspect the
CIPP liner and material deliveries prior to installation and will log all material delivery tickets. Mr. White will assist
with inspection duties, when needed, sínce citrywide lining proJects require tracking multiple operations, and will
be on site weekly to review inspection reports, spot check review CCTV and the open trench and Clpp work
being installed as a second level qualiÇ control check, since Mr. White is also NASSCO trained inspector himself.
We will review all pre- and post-CCTV. Dudek will prepare a report identiling point repair locations, offset
joints, laterals to be trimmed, CIPP liner defects, and SLCs for pre- and post-CCW.
11. Safety Program
We have received OSHA safety training and are familiar with all project-related safety requirements. We are
capable of recognizing and identifiing safety hazards. Unsafe actions or procedures will immediately be
reported to the contractor.
12.Traffic and Pedestrian Control, Public Safety
We will preview all traffic control plans submitted by the contractor prior to sending them to the City for
approval to help streamline the process and avoid wasting the time of the traffic engineer. We will monitor the
placement and maintenance of all traffic control devices and enforce the traffic control/parking restrict¡ons as
specified by the City and contractor's traffic control plan on a daily basis. We will coordinate with the police, fire,
traffic, and sanitation departments and all affected agencies prior to implementation of traffic control set up
with mass emails.
13. Storm Water Pollution Prevention Plan
Our inspector's are QSPs and will review, monitor, and ensure thd contracto/s environmental compliance with
NPDES/Best Management Practices (BMPs) to prevent Storm Water Pollution from construction-related
activities and verifi the contracto/s compliance. We do recommend requiring the contractor to provide their
own independent QSP and QSD in the contract documents so that the quality assurance and control
responsibilities are squarely on the contracto/s shoulders.
14. Record Drawings and Documents
Upon completion of the project, we will furnish the City with a full set of as-built Record Drawings. We will
incorporate modifications and changes from all sources, such as submittals, RFI's, field orders, extra work, and
change orders. We will compare records with the contractor's record drawings at the conclusion of the project
with our record documents and prepare a complete as-buih record for the City.
15. Project Close-Out
Dudek will prepare a punch list of items developed with the City to identi! all deficient or incomplete work once
the project is substantially complete and wiilfollow up with the contractor until it is complete. Once the project
is acceptable, Dudek will provide the City with a recommendation to file the Notice of Completion. Dudek will
provide all close-out documentation and files within 30 days of Notice of Completion. Dudek will assist the City
in preparing all final change orders and progress payment to close out the prgect. We will assist the City as
needed during the project warranty period.
D{"rÞËK CM & lnspection Services for the Annual Sewer Rehabil¡tation Project, CIP 18701 4
ATTACHMENT 2, Page 17 of 19
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a
detained progress report that indicates the amount of budget spent on each task. Consultant
will inform City regarding any out-of-scope work being performed by Consultant. This is a time-
and-materials contract.
6 | r47 .021 00\t097 47 7 7 .2
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ATTACHMENT 2, Page 18 of 19
City of San Juan CapistranoAnnual Sewer Rehabilitation Project, CIP 18701DUDEKFee Proposal - Gost Summary-l-loImz-lJ$-uo)(ooJCOo+J(oTotalGost$1.000$r.500$54.000$97,200$0$153,700TotalHours10l036072001,100ssHours$1010SupportStaff (sslHourlyRate$100$100clHourss720720Gonstlnspectol(ct)HourlyRate$135$135CMHours$360360GonstMgr(GM)HourlyRate$150$1 50PTHourc$1010Projectilgr (PM)HourlyRate$1506. Reimbursables (Mileage, reprographics etc)$150Tasks1 . Contract Administration2. Construction Progress Meeli¡gs_3. Construction Management (1/2 Time)4. Construction lnspection (Full Time)5. Proiect Close-OutTOTALS12t19t2018Page 1of 1