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19-0903_CC_E8City of San Juan Capistrano Agenda Report TO : Honorable Mayor and Members of the City Council FROM : ~njamin Siegel, City Manager SUBMITTED BY : Steve May, Public Works and Utilities Director ,LVUt_ Ken Al-Imam, Chief Financial Officer PREPARED BY: Michael Marquis , Associate Civil Engineer DATE : September 3, 2019 9/3/2019 EB SUBJECT : Construction Contract Change Orders and Amendment to Construction Management and Inspection Professional Services Agreement for the Annual Sewer Replacement Program Project (CIP 18701) (Sancon Technologies Inc.) (Dudek), and Budget Adjustment RECOMMENDATIONS : 1. Authorize the City Manager to approve change orders to the construction contract with Sancon Technologies Inc. for the Fiscal Year 2017-2018 Annual Sewer Replacement Program Project (CIP 18701 ), for a total contract increase amount not to exceed $166,800; and 2. Approve and authorize the City Manager to execute Amendment 1 to the construction management and inspection Professional Services Agreement with Dudek for the Project, extending the term and increasing the not-to-exceed compensation amount to $171,300; and 3 . Approve a budget adjustment to transfer $100,000 from the Fiscal Year 2018-2019 Annual Sewer Replacement Program (CIP 19701) to the Fiscal Year 2017-2018 Annual Sewer Replacement Program (CIP 18701 ). EXECUTIVE SUMMARY Construction of the Fiscal Year 2017-2018 Annual Sewer Replacement Program Project (CIP 18701) is approximately 90% completed. Delays have been encountered due to unanticipated obstructions in trench excavations resulting in increased costs being incurred by the construction contractor. An increase in construction management and inspection costs is also anticipated during the remaining trench excavation and construction. These City Council Agenda Report September 3, 2019 Page 2 of 3 additional costs, which are above contingencies that were previously approved, are anticipated to not exceed approximately $100,000. Staff recommends that the City Council authorize the City Manager to approve construction change orders and approve a construction management and inspection contract amendment for these projected cost increases. Staff further recommends that the City Council approve an adjustment to the Fiscal Year 2018-2019 Sewer Replacement Program (CIP 19701) to reduce funding for that project by $100,000, and approve an appropriation to the Fiscal Year 2017-2018 Sewer Replacement Program (CIP 18701) to increase funding for that project by $100,000. DISCUSSION/ANALYSIS: On January 15, 2019, the City Council awarded a construction contract (Attachment 1) to Sancon Technologies Inc. in the amount of $844,481 for construction of the Annual Sewer Replacement Program Project, and authorized the City Manager to approve construction change orders up to $84,480. The City Council also approved a Professional Services Agreement (Attachment 2) with Dudek in the amount of $153,700 for construction management and inspection services for the Project. Because of the Project delays, both the construction contractor and the construction management and inspection consultant have incurred, and will incur, additional costs as outlined below. During the work performed to date, the contractor encountered obstructions that could not have been ascertained at time of bidding. Encounters with obstructions in the trench area delay the progress of construction and require disposal of the debris for which the contractor is entitled to compensation. The anticipated construction cost for removal of the obstructions and disposal of the debris, and for related construction management and inspection services, is $100,000. These anticipated costs exceed the contingency amounts previously authorized by the City Council. It is recommended that the City Council authorize the City Manager to approve construction change orders up to an additional $82,400. Pending approval of the recommended action, the total allowance for construction change orders would then be $166,800. Additional services are also being provided by Dudek, the construction management and inspection services consultant, to support the City during removal of the obstructions and completion of the work. The total anticipated additional cost for Dudek is $17,600. Staff recommends that the City Council approve and authorize the City Manager to execute Amendment 1 to the Professional Services Agreement with Dudek (Attachment 3) for this additional amount, and to increase the contract term by 120 calendar days to allow for completion of the work. FISCAL IMPACT : The additional costs of $100,000 forthe Fiscal Year 2017-2018 Annual Sewer Replacement Program (CIP 18701 }, as described in this report, can be covered by transferring funds from the Fiscal Year 2018-2019 Program (CIP 19701 ). The recommendations provide for this by reducing funding for the Fiscal Year 2018-2019 Program (CIP 19701) by $100,000 and appropriating that amount for the Fiscal Year 2017-2018 Program (CIP 18701). Following is a table of the original contract and contingency amounts, and the additional approvals recommended . City Council Agenda Report September 3, 2019 Page 3 of 3 T bl f C t f C t a e o ons rue ion os s an d C t f M ons rue ion t d I anagemen an f C sts nspec1on 0 Item Construction CM & lnsoection Totals Approved Contract $ 844,481 $153,700 $ 998, 181 Approved Contingency $ 84,400 $ 0 $ 84,400 Additional Allowances $ 82,400 $ 17,600 $ 100,000 Totals $1,011,281 $171,300 $1, 182,581 ENVIRONMENTAL IMPACT: On December 13, 2018, a Notice of Exemption for the Annual Sewer Replacement 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. P RIOR CITY COUNCIL R EVIEW: On January 15, 2019, the City Council approved a construction contract with Sancon Technologies Inc. and a professional services agreement with Dudek for construction and consultant services associated with the Annual Sewer Replacement Program, and also authorized the City Manager to approve construction contract change orders in the amount of $84,400, which was ten percent of the contract amount. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: • On August 20, 2019, the Utilities Commission reviewed the recommendations presented in this agenda report and recommended that the City Council approve these recommendations. • On January 15, 2019, the Utilities Commission recommended that the City Council approve a construction contract with Sancon Technologies Inc. and a professional services agreement with Dudek for construction and consultant services associated with the Annual Sewer Replacement Program, and also recommended authorizing the City Manager to approve construction contract change orders and amendments to the professional services agreement in the amount of ten percent of each contract amount. NOTIFICATIONS: Sancon Technologies Inc. Dudek ATTACHMENTS : Attachment 1 : Attachment 2 : Attachment 3 : Construction Contract with Sancon Technologies Inc. Professional Services Agreement with Dudek Amendment 1 to Professional Services Agreement with Dudek 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," and Sancon Technologies Inc ., 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 all Work 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 COMPLETION. 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 deductions 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. In 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 . In 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 Inviting Bids Instructions to Bidders Bid Form Bid Bond Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor Registration Certification 61147 ,02100120950242 4 00 52 13 -CONTRACT ATTACHMENT 1 PAGE 1OF6 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 Local Agency 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 in 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 CONTRACTOR 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. PREVAILING 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. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 61147 .02100\20950242.4 2 00 52 13 -CONTRACT ATTACHMENT 1 PAGE 2 OF 6 IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written . By Q9. D_"' Contracfo, Name and Title: CH!/l,d<. 1>n"')°""S • ]n..110£t:I} License No. Date: t2./Zo/,., j (CONTRACTOR'S SIONA TURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) Approved as to form this :(6 .I(... day of V'cc"°' bc.r-20.J.l. ENO OF CONTRACT 61147.02100120950242.4 3 00 52 13 -CONTRACT ATTACHMENT 1 PAGE 3 OF 6 Notary Acknowledgment A notary public or other officer completing this certificate verifies on ly the Identi ty of th e individu al who signed the document to wh ich this certificate is attached , and not the trulhfulness , accu racy , or validity of that document STATE OF CALIFORNIA COUNTY OF I )ca fL (")c t. /l . I I)} ( I r-:1. I I 2 '· ~, J • N On Ml'UJlfltr ,.LI . 20-2_, before me, --'C""~--"-----'--'--'--'-"-·'""----' Notary Public, personally ;; J -·7 appeared _ .... 1_,; .... /""'l/""'1 ..... t _. '""'lf'""". ~l_/_,:_2 _}~,J--('_./_J,_, ._J_/ ______ ,, who proved to me on the basis of satisfactory evidence to be the person(s)'"whose name(s}"is/aft~ subscribed to the with in instrument and acknowledged to m e that helsllelthey executed the same in his/herJtMir authorized capaclty{ieS . and that by his/her/their signature(s:) on the instrument the person($.), or the entity upon behalf of which the person(il? acted , executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SignaflJre of Notary Public t OPTIONAL Though the information below is not required by law, ii may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER : l Individual [ J Corporate Officer DESCRIPTION OF ATTACHED DOCUMENT Tille(s) Title or Type of Documenl ! l Partner(s) Limited 11 Attorney-In-Fact J Trustee(s) r Guardian/Conservator l Other : Signer is representing : Name Of Person(s) Or Entity(lesJ 6114 7 02 I 00\20950242 4 General 4 Number of Pages Dale of Oocum nl lgn r(s) O th er ThA 11 Named AbovP. DO 52 13 -CONTRACT ATTACHMENT 1 PAGE4 OF 6 A. BID SCHEDULE ANNUAL SEWER REHABILITATION PROGRAM, CIP 18701 ID Description Estimated Unit Unit Extended Quantity Price Price 1 Mobilization/Demobilization 1 LS '~'80 rf ~I.fa (Cannot exceed 10% of bid items 2-22) 2 Orange County Flood Control District Insurance and 1 LS ltr(() f )f)J Permit Compliance, Complete 3 Southern California Regional Rail Authority Permit 1 LS '~~ -#~b'JI) and Compliance Complete 4 Sheeting, Shoring and Bracing 1 LS II.~~ I ~ ,..,. 31 ·---n-- 5 Traffic Control, Public Convenience and Safety 1 LS "' ......... ,,, l'IJI ~'1'1 f~4'' S2M ~ It<') tit\ 6 Potholing 10 EA ~ !lia~u ~ -~<Al 7 Dig and Replace 6" & 8' sewer line, depth :> 10 ft. 270 8 Dig and Replace 6" & 8' sewer line, depth > 10 ft. 120 9 Temporary Sewer Bypass 6' (All Segments) 1 10 Cured In Place Pipe Lining -6" diameter 990 11 Temporary Sewer Bypass B" (All Segments) 1 12 Cured-In-Place Pipe Lining -8" diameter 7,820 13 Cured-In-Place Pipe Lining 18" diameter storm drain 280 14 Cured-In-Place Pipe Partial Lining, 8" Diameter 200 15 Cured in Place Pipe Partial Lining, 15" Diameter 10 16 Cut and Remove Protruding laterals, gaskets, large 36 roots, other obstructions 17 Manhole Rehabilitation (includes pressure grouting) 12 18 Manhole Rehabilitation (no pressure grouting) 12 LF l f~S2!) LF pc("1Piq LS ·~ LF ·~"" LS 'l,~iV LF .f ~I LF .#If() LF --~i LF ff»IO EA ~·H~ EA f/J, l-110 EA.., ~o ·t~lt f Drt. Wl1. 4 'o->'TJV ti~ f-;-;,~ '~r;~ « Z.'12., '11() f~'J,tXJ(J ""f•, ""'° l(~_,loU , l~>tf 1 ltlfo If ~r. tto .It ., IJ-5,, 'i'llJl}fr z..'igo #t 19 Manhole Frame & Cover 12 EA ·~·~ ~~fl, 20 Service Lateral Connection Repair (Top Hat Style) 48 EA 11/1zi. itt;'~, t~6 21 Raise Manhole 16 EA ~~ « 1~2'. 22 Raise Cleanout 8 EA .. "" (I ,_' f 1-2.--"., ,,. 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. In case of discrepancy between the Unit Price and the Item 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 ambiguous, unintelligible or uncertain for any cause, or is omitted, or is lhe same amount as the entry in the "Item Cost" column, then the amount set forth in the "Item 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. Sewer Retiabllllalion Program. GIP 18701 -18-00 41 43 -BID FORMS ATTACHMENT 1 PAGE 5 OF 6 column, then the amount set forth in the "Item 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. Note: In th e process of evaluating bids, The City discovered a math error in the total bid price listed be low . The Ci t y has provided the correct numerical total below, per the terms outlined above . T he estimated quantities for Unit Price items are for purposes of comparing Bi ds 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 PRICE: TOTAL BID PRICE BASED ON BID SCHEDULE TOTAL OF UNIT PRICES FOR THE ANNUAL SEWER REHABILITATION PROGRAM CIP 18701 41-0~ .i. 1$844,481 (see note above) I $~~~~~~~0~~~/~o.__._dO~~o-~~q~1,~3~0~J -----'-'-M ~~ i" otal Bid rice in Numbers £11W11 """~o (o.,,.T'f O~L Tflo-o.s,,.,.o 7,;°Q.U-~"""N.Ji.l) 0111-. bou."~' ~ Wt> $ t"l i1i•Ff Huvtsftttt> €irtirr 1r · nv& 1 RNt~r>, fCJJ'fl= 1f .. uo rztn 6'1HF ~"~dc,o.rs Total Bid Price in Written Form m.:>b 'l&IO Cb 1rJ 1& In case of discrepancy between the written price and the numerical price, the written price shall prevail. 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 Inviting Bids from and after 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 ( 1 O) 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 will prepare a letter giving Contractor Notice to Proceed. The official starting date shall be the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work within ten (10) working days of the date of the Notice to Proceed, unless otherwise specified. The undersigned has examined the location of the proposed work and is familiar with the Drawings and Specifications and the local conditions at the place where work is to be done. Sewer Rehabilitation Program, GIP 18701 -19-00 41 43 -BID FORMS ATTACHMENT 1 PAGE6 OF 6 CITY OF SAN JUAN CAPISTRANO PROFESSIONAL SERVICES AGREEMENT Th is Agreement is made and entered into as of 20 by and between the City of San Juan Cap istrano, a municipal c oration 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 at 27372 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"). 8. 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 . In 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. Additional Work. If 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 ATTACHMENT 2 PAGE 1OF19 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. Delays 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 Cal/OSHA requirements. b. If 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. If 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. ATTACHMENT 2 PAGE 2 OF 19 9. Assignment 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. Independent Consultant 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. Insurance . 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 . In 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 Liability (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 Insurance, in a form and with insurance companies acceptable to the City . (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: ( 1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following : {1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (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) Independent Consultants Coverage (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 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 Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance 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 Insurance 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. Worke rs · Compensation/Employer's Liabi lity (i) Consultant certifies that he/she is aware of the prov1s1ons 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. (ii) 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 Insurance Act," Division IV 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 Liability (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 ATTACHMENT 2 PAGE 4OF19 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 . M in im u m Po licy Li m its Re q u ired (i) The following insurance limits are required for the Agreement: Commercial General Liability Automobile Liability Employer's Liability Professional Liability Combin ed Single Li mit $1 ,000,000 per occurrence/ $2 ,000,000 aggregate for bodily injury, personal injury , and property damage $1 ,000,000 per occurrence for bodily injury and property damage $1 ,000,000 per occurrence $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits . (iii) 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 Insured pursuant to this Agreement. f. Ev idence Re qu ired 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 Insurance (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 . Pol icy Prov isi ons R eq u ired (i) 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 . If any of the required coverage is cancelled or expires ATTACHMENT 2 PAGE 5OF19 during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured 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) year extended 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. Qualifying Insurers (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 Insurance Code or any federal law. i. Additional Insurance 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 . ATTACHMENT 2 PAGE 6OF19 (ii) If 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 . In the alternative , City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) 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 Insurance Requi rements. 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 . If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification . 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 . If 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 ATTACHMENT 2 PAGE 7OF19 ("Prevailing Wage Laws"). If 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. It 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 (Labar Cade 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. If 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 Industrial Relations. Consultant shall maintain registration far 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 Industrial Relations. It shall be Consultant's sale 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 Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial 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 Industrial Relations against Consultant or any subcontractor. 14. Verification of Emp loyment Eligibility . 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 Immigration 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. If 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 . ATTACHMENT 2 PAGE 8OF19 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. In 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. If 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. Organization 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 Agreement. 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 CONSULTANT: Dudek 27372 Calle Arroyo San Juan Capistrano, CA 92675 Attn: George Litzinger, Project Manager ATTACHMENT 2 PAGE 9 OF 19 and shall be effective upon receipt thereof. 22. Th ird Party Righ t s Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 23. Equal Opportu ni ty Employment. 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. Enti re 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 written 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 . Severab ility The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 26. Successors and Ass igns 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 . City 's Rig ht to Employ Oth er Consultants ATTACHMENT 2 PAGE 10OF19 City reserves its right to employ other consultants, including engineers. in connection with this Project or other projects. 30. Prohibited Interests 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. [SIGNATURES ON FOLLOWING PAGE] ATTACHMENT 2 PAGE 11OF19 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND DUDEK IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN JUAN CAPISTRANO ATTEST: ~ By: 6 f" Cit C rk APPROVED AS TO FORM: • By: ~la::; 3>~ 61 IH021ll0•10'11~777 2 Uptlatcu April 2018 DUDEK Dudek Printed Name : __ --1f~r•a,..nlf-k-ED11iu111d1&e-.k-- Chalrman I CEO 12 ATTACHMENT 2 PAGE 12 OF 19 EXHIBIT A Scope of Services ATTACHMENT 2 PAGE 13 OF 19 1 Scope of Services 1.1 Project Understanding 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 there is not a clear picture you cannot identify what is wrong with the sewer line We will enforce that all CCTV submissions meet the quality and intent of the specification for visual quality It is also critical that a final CCTV is done once all repairs-in situ repairs. lateral connections, or CIPP repairs-are completed Many CIPP contractors will try to subrrnt 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 all municipalities and Dudek is committed to mitigating all resident concerns, questions, and complaints prior to a resident elevating these issues to the City Management or Council level Dudek successfully handled over 250 resident CIPP liner 1s mserted rnta the eX1Sting host pipe; water 1s used ro inflate /l>e liner. molding 1r w the ex1st1ny hmr pi l-leunng the water cures the !trier to the pipe calls on our previous project for the City of Culver Early coord1nat1on with residents and businesses 1s 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 1s to inform residents 1n 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 1 hour for all calls received 1.2 Project Approach Dudek will provide inspection and construction r11anageme11t 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 project, will be familiar with the contract documents, and will walk all of the affecced 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 sens1t1ve nature of the project. 1nclud1ng working 1n easements and busy multi-lane streets with heavy traffic. We will work closely with the residents and contractor to rrnnim1ze impacts We also understand the technical natun:> of this project and the 1mporta11ce of quality assurarce/quality control (QA/QC) of the installed work Dudek will develori a OcVOC program that will make certain all testir19 and inspection aa1vities are perforrned with quality materials and state-of-the-art workmanship. arKJ will ensure the project is completed on-schedule arid w1th1n hucfget The QA/QC: personnel \11111 strictly enforce the technical DUDEK C~1 ·'?i Inspection Services for the Annual )ewer Rehabd1tat1on Project. CIP !81()1 ATTACHMENT 2 PAGE 14 OF 19 specifications, construction drawings, industry standards, and manufacturer's recommendations to provide only approved materials and installation workmanship We understand the importance for proper notification and establishing a positive relationship with residents and businesses to complete the lining work. We will coordinate the notification process, which will involve 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 preconstruct1on and progress meetings Prior to the Notice to Proceed, we will meet jointly with the contractor, City, and other involved entities as needed to outline for the contractor the following: contract administration guidelines, contractual roles and relationships, and reinforcement of specific requirements for <;afety, security, and access through various construction areas. Dudek will prepare the agenda, conduct the meeting, and issue meeting minutes. The preconstruction meeting will set the tone for the project and it is crucial that the contractor understands that we expect him to comply with the contract documents, particularly 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. Construction Management I Inspection We will report on the contractor's work, including that which is not applied in strict conformance with the contract spec1ficat1ons, project submittals, and manufacturer's requirements . The Ctv1 will assist 1n 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, RFl'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. These logs will be updated weekly and sent to the City for review and will be included 1n the bi-weekly meeting minutes. Material Tickets. fhe inspector will ma1nta1n excellent records of the material tickets (wet out logs, concrete delivery tickets, etc) which are critical to insure the correct amount and type of resin are being used on each CIPP liner Inspection We will inspect all construction-related activities and recommend acceptance of work when performed in accordance with the contract documents 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 RFl'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 res1dent1al easements Public outreach will be one of the most important aspects of the JOb Dudek will work with the City and contractor to develop and implement a community outreach program that will pro11ide regular uociates to residents arid businesses affected by this project The program will include distnhuting mailers and door hanqers 'o residents and businesses located around the project vVe suggest Mailers be sent out two weeks :n advance as well as advanced warning signs (for the open trench areas) \Ne suggest the f:i:al notice be sent 48-hours 1n advance rather than 24-hours, as :t will give the contractor the ability to make special an angernents. if needed, for >pecial-needs residents DUDEK 011 & ln:;pect1on Services ror the f\r111ual Sewer Rehabilitation Project CIP 18701 2 ATTACHMENT 2 PAGE 15 OF 19 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 Litzinger 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. Construction 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 until they 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 properties, testing for leakage of the installed liner, and chain-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 material test results and review the inspector's logs for accuracy. We will notify the contractor immediately of any failing test results, which will be tracked on a material testing log until the issue is resolved. 10. Quality Review, Sampling Dudek will verify the quality of the work being performed throughout all phases of the project perform close visual observations at regular intervals, and survey 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 frequency and review the test results to ensure that all work and materials provided DUDEK CM & Inspection Services 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, review pre-and post-CCTV and will follow the inspection and liner defect practices per NASSO standards . We will also collect and log material delivery tickets, verify 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, since citywide 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 CIPP work being installed as a second level quality control check, since Mr. White is also NASSCO trained inspector himself. We will review all pre-and post-CCTV Dudek will prepare a report identifying point repair locations, offset joints, laterals to be trimmed, CIPP liner defects, and SLCs for pre-and post-CCTV. 11. Safety Program We have received OSHA safety training and are familiar with all project-related safety requirements. We are capable of recognizing and identifying 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 restrictions 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 agenoes 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 the' contractor's environmental compliance with NPDES/Best Management Practices (BMPs) to prevent Storm Water Pollution from construction-related activities and verify the contractor'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 contractor'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, RFl'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-built record for the City 15. Project Close-Out Dudek will prepare a punch list of items developed with the City to identify all deficient or incomplete work once the project is substantially complete and will follow 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 project. We will assist the City as needed during the project warranty period . DUDEK CM & Inspection Services for the Annual Sewer Rehabilitation 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. ATTACHMENT 2 PAGE 18 OF 19 City of San Juan Capistrano Annual Sewer Rehabilitation Project, CIP 18701 DUDEK Fee Proposal -Cost Summary Const Project Const Inspector Support Tasks Mgr(PM) PM Mgr(CM) CM (Cl) Cl Staff (SS) Hourty Hours Hourly Hours Hourly Hours Hourty Rate Rate Rate Rate $150 $150 $135 $100 1. Contract Administration 2. Construction Prooress Meetinas $10 3. Construction Management ( 112 Time) $360 4. Construction Inspection (Full Time) $720 5. Project Close-Out 6. Reimbursables (Mileage, reprographics etc) TOTALS $150 10 $150 360 $135 720 $100 12/19/2018 SS Total Hours Hours $10 10 10 360 720 0 10 1,100 Total Cost $1,000 $1,500 $54,000 $97,200 $0 $153,700 Page 1of 1 ATTACHMENT 2 PAGE 19 OF 19 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT ANNUAL SEWER REPLACEMENT PROGRAM, CIP 18701 THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and DUDEK, ("Consultant") is made and entered into, to be effective the day of , 2019, as follows : RECITALS WHEREAS, the City and Consultant have entered into that Professional Services Agreement dated January 15, 2019 for Construction Management and Inspection Services for the Annual Sewer Replacement Program, CIP 18701 (the "Agreement"); and WHEREAS, the City and Consultant desire to amend the terms of the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to amend the Agreement as follows: A. Section 2(b), Compensation is amended to increase the not-to-exceed amount by $17,600 to a new not-to-exceed amount of $171,300. B. Section 5, Time of Performance is amended to increase the term for completion of services by 120 calendar days to a new term for completion of services of 240 calendar days from the Notice to Proceed. C. Except as amended by this First Amendment, all other provisions of the Agreement shall remain in full force and effect and shall govern the actions of the parties under this First Amendment. From and after the date of this First Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this First Amendment. In the event of any conflicts between this First Amendment and the terms of the Agreement, the provisions of this First Amendment shall govern. D. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of obligations they have undertaken pursuant to this First Amendment. E. If any portion of this First Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 5411028 I 61147 .02100110229925.1 SIGNATURE PAGE FOLLOWS -1- ATTACHMENT 3 PAGE 1of2 SIGNATURE PAGE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT ANNUAL SEWER REPLACEMENT PROGRAM, CIP 18701 ATTEST: By: __________ _ City Clerk APPROVED AS TO FORM : ... By~f3,)7/' ityttmey 540028 I 61147.02100\10229925.1 -2- CITY OF SAN JUAN CAPISTRANO By: __________ _ 8-,t./. /,o1 Dudek Frank Dudek Chairman I CEO ATTACHMENT 3 PAGE 2 of2